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AGENDA
General Committee
Meeting
Monday, 13 January 2020
commencing at 10am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson,
Joe Jurisevic, Brian Stockwell, Tony Wellington
“Noosa Shire – different by nature”
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Full text of sections 2 to 94 (of 172)
Section 2
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
DEPUTATIONS -
REPORTS DIRECT TO GENERAL COMMITTEE 3
1 AMENDMENTS TO THE ENVIRONMENT LEVY POLICY AND PRIVATE LAND
CONSERVATION POLICY GUIDELINE 3
2 51987.44.01 OTHER CHANGE APPLICATION FOR A MATERIAL CHANGE OF
USE FOR ENTERTAINMENT AND DINING BUSINESS - TYPE 2 SHOP & SALON
- 6 THOMAS STREET, NOOSAVILLE 27
3 MCU19/0054 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
FOR A MIXED USE COMMERCIAL DEVELOPMENT SITUATED AT 2-18 & 20
HOFMANN DRIVE, NOOSAVILLE 60
4 MCU18/0165.01 REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR
MATERIAL CHANGE OF USE OF PREMISES - MULTIPLE HOUSING TYPE 4
CONVENTIONAL (17 UNITS) AT 25 KAURI STRET, COOROY 106
5 DEVELOPMENT ASSESSMENT FEES & CHARGES VARIATIONS FOR 1 APRIL
2019 TO 31 DECEMBER 2019 117
6 NOOSA DISTRICT SPORTS COMPLEX MASTER PLAN - FINAL 137
7 COOROY SPORTS COMPLEX MASTER PLAN - FINAL 143
8 FINANCIAL PERFORMANCE REPORT - DECEMBER 2019 149
9 LOCAL GOVERNMENT LEGISLATIVE REFORMS ELECTORAL & OTHER
LEGISLATION (ACCOUNTABILITY, INTEGRITY AND OTHER MATTERS) BILL
2019 161
10 UPDATE ON SUSTAINABLE TOURISM STAKEHOLDER REFERENCE GROUP 170
CLOSED SESSION -
Page 2 of 172
Section 3
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
REPORTS DIRECT TO GENERAL COMMITTEE
1 AMENDMENTS TO THE ENVIRONMENT LEVY POLICY AND PRIVATE LAND
CONSERVATION POLICY GUIDELINE
DOCUMENT INFORM AT ION
Author Conservation Partnerships Officer, David Burrows
Environment and Sustainable Development Department
Index ECM/Subject /47.15 Environment Levy
Attachments 1. Environment Levy Policy
2. Policy Guideline – Private Land Conservation Partnerships
EXECUTIVE SUMMARY
Not Applicable.
RECOMMENDATION
That Council note the report by the Conservation Partnerships Officer to the General Committee
Meeting dated 13 January 2020 and
A. Approve amendments to the Environment Levy Policy as provided at Attachment 1;
B. Approve amendments to the Policy Guideline - Private Land Conservation Partnerships as
provided at Attachment 2; and
C. Write to the Queensland Government Minister for Environment and the Great Barrier Reef,
Science, and the Arts expressing support for the Nature Refuge program and requesting
that the program be adequately resourced.
REPORT
The purpose of this report is to seek Council approval to amend the Environment Levy Policy and
Private Land Conservation Policy Guideline regarding statutory conservation protection
mechanisms and financial incentives under the Voluntary Conservation Agreement program. This
report also seeks approval to write to the Qld Government Minister for Environment and the
Great Barrier Reef, Science, and the Arts expressing support for the Nature Refuge program and
requesting that the program be adequately resourced.
Voluntary Conservation Agreement Program
The Voluntary Conservation Agreement Program (VCA) offers a voluntary agreement between
Council and eligible landholders to permanently protect a conservation area within their property. It
directly supports conservation efforts by private landholders who wish to protect and enhance
biodiversity in Noosa Shire by funding on-ground environmental restoration works. Private land
conservation makes a significant contribution to conservation as part of a broader strategic
objective to protect and enhance biodiversity and connectivity across Noosa Shire, as well as
providing benefits to landholders and communities. Support for private land conservation is a key
action under the Noosa Environment Strategy, to expand vegetation networks and habitat. It is a
cost effective measure to help consolidate and connect Core Protected Areas such as National
Park and Bushland Reserves.
Council currently offers two statutory conservation protection mechanisms under the VCA program.
These are:
Page 3 of 172
Section 4
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Conservation Covenant
Under the Land Act 1994, a conservation covenant is registered on title over the conservation area
on the property in perpetuity. The conservation covenant is a legal agreement between the
property owner (the covenanter) and Council (the covenantee) and requires preparation of a survey
plan and legal documents, and lodgement with the Titles Office. Average conservation covenant
establishment costs are approximately $7000 but can be significantly more on larger properties
with complex survey requirements.
Nature Refuge
A Nature Refuge gazetted under the Nature Conservation Act 1992 is placed over the conservation
area on the property. Similar to a conservation covenant it runs with the title over successive
owners. A Nature Refuge offers the highest level of statutory protection however is subject to the
Queensland Government’s stringent requirements such as minimum size of the conservation area
(greater than 10ha) and high biodiversity values. Average Nature Refuge establishment costs
(outsourced to Qld Trust for Nature) are $4,500. The amount of Nature Refuges that can be
established by Council is contingent on the Queensland Government’s capacity to process the
applications through to gazettal by effectively resourcing the Nature Refuge Program.
A third statutory protection mechanism is proposed for the VCA program. This is split-zoning the
conservation area of the VCA property as Environmental Management and Conservation zoning
under the new planning scheme, with the balance of the property remaining in its original rural or
rural settlement zoning. Council periodically reviews its planning scheme including the zoning for
individual land parcels. There are several land parcels across the shire that are currently split
zoned. Cooloothin Creek Bushland Reserve and Johns Landing are Council freehold land and
are proposed for split zoning under the New Noosa Plan. In the Environmental Management and
Conservation zone, the emphasis is on protecting and enhancing biodiversity values. This makes
it very clear for existing and future property owners where development is allowed and where it is
not and provides statutory protection for the areas to be conserved.
The process after receiving a request for a zone change from a landowner is to present it to
Council, consult with the community on the changes, and provide the changes to the State for
signoff. The amendments are then formally gazetted. It is proposed that Council provide VCA
zoning amendments as a batch to be progressed in the next planning scheme review.
A significant benefit to Council and the community is that split-zoning is more cost effective than
establishing covenants as it doesn’t require surveying or legal costs, and has the planning
scheme as the head of power. It is proposed that split-zoning also be offered to existing VCA
property owners to provide an additional layer of statutory protection over the conservation area
on their properties. Landowners who apply for a VCA but whose properties are ineligible for a
VCA will also be offered split zoning without the VCA agreement (i.e. no financial incentives).
The advantages and disadvantages of the 3 protective mechanisms are indicated below.
Protective Mechanism Advantages Disadvantages
Nature Refuge Highest level of statutory protection, Subject to Qld. Govt. priorities (eg
under the Nature Conservation Act, runs minimum size of 10 ha) and
with the property title. capacity to process applications
Moderate establishment costs
Compliance actions are the responsibility
of the State Govt.
Conservation Covenant High level of statutory protection with Can be expensive to establish.
clear obligations as a contractual Compliance actions are the
agreement between the landowner responsibility of Council
(covenanter) and Council (covenantee)
Split Zoning High level of protection under the Significant time (up to 18 months)
planning scheme. between receiving an application
Low establishment costs. from the landowner and final
gazettal of zoning changes.
Page 4 of 172
Section 5
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Amendments to the Environment Levy Policy
The three amendments to the Environment Levy Policy (Attachment 1) are in the sections:
Support for Private Land Conservation Partnerships - which now outlines the 3 statutory
protective mechanisms available to Council under the VCA program;
Environment Levy Guidelines - where reference is now made to Environmental
Management and Conservation zoning; and
Related policies and Legislation - with the inclusion of the Planning Act 2016.
Amendments to the Policy Guideline - Private Land Conservation Partnerships
The Policy Guideline (Attachment 2) has been amended to incorporate Environmental
Management and Conservation zoning as a protective mechanism.
The amended Guideline outlines financial incentives that Council offer to existing and any new
VCA property owners. These incentives are subject to a five year review against CPI. The CPI
increase over this five year period (from 2014 to 2019) is 8.5%. Increases in financial incentives
(for existing and new VCA properties) are:
Minimum available annual incentive of $1,630 per annum for Conservation Areas up to 5
hectares in size (was $1500).
For conservation areas over 5 hectares an additional $108 will be available for every extra
hectare (was $100).
Annual financial incentive capped at $5425 each year (was $5000).
Ongoing financial support for new VCAs will not exceed 5 years unless specified in the
EMP.
Costs cannot be claimed for unexpended VCA funds from previous financial years.
Council will continue to honour existing VCAs that were entered into with the Sunshine Coast
Regional Council with the above CPI increases budgeted for in the 20/21 financial year.
Qld Government Nature Refuge program
The Nature Refuge program is the Queensland Government’s flagship private land conservation
program. It offers high level statutory protection of a nominated property under the Nature
Conservation Act. Noosa Council has 11 Nature Refuges over its bushland reserve estate, and
there are 7 private freehold properties within Noosa Shire with a Nature Refuge. The Nature
Refuge branch (within the Department of Environment and Sustainability) has advised Council
staff that due to resourcing issues it is currently unable to meet service demand from landowners
wishing to establish Nature Refuges.
This has impacts on the aspirations of many landowners throughout the State who are wanting to
protect the conservation values on their property for the future, including landowners within
Noosa Shire. It also impacts on Council’s ability to effectively deliver the Voluntary Conservation
Agreement program using a Nature Refuge as a protective mechanism. As such it is proposed
that Council write to the Qld Government Minister for Environment and the Great Barrier Reef,
Science, and the Arts expressing support for the Nature Refuge program and requesting that the
program be adequately resourced to service the applications from landowners throughout
Queensland.
Page 5 of 172
Section 6
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Previous Council Consideration
Special Meeting Minutes, 28 June 2019, Item 2, Page 3
That Council note the report by the Director Corporate Services to the Special Meeting dated 28
June 2019 and:
A. Adopt the Financial Sustainability Policy, which is provided as Attachment 1 to the report.
B. Pursuant to section 191 of the Local Government Regulation 2012, adopt for the 2019/20
financial year the Investment of Surplus Funds Policy, which is provided as Attachment 2 to
the report.
C. Pursuant to section 192 of the Local Government Regulation 2012, adopt for the 2019/20
financial year the Debt Policy, which is provided as Attachment 3 to the report.
D. Pursuant to section 198 of the Local Government Regulation 2012, adopt the Procurement
Policy, which is provided as Attachment 4 to the report.
E. Adopt the Environment Levy Policy, which is provided as Attachment 5 to the report.
Ordinary Meeting Minutes, 20 September 2018, Item 3, Page 13
That Council note the report by the Principal Environment Officer to the Planning & Environment
Committee Meeting dated 11 September 2018 and adopt:
A. The Conservation Land Guideline provided at Attachment 1 to the report which provides a
mapping methodology to support the Environment Levy Land Acquisition Program and
Private Landholder Conservation Partnerships Programs, with minor changes as
authorised by the CEO;
B. The Revolving Fund Guideline provided at Attachment 2 to the report which provides a
framework to implement a revolving fund, with minor changes as authorised by the CEO;
C. The Private Land Conservation Guideline provided at Attachment 3 to the report to guide
the Voluntary Conservation Agreement (VCA) and Land for Wildlife (LfW) Programs, with
minor changes as authorised by the CEO; and
D. The Fact Sheet - Conserving Land in Noosa Shire provided at Attachment 4 to the report.
Finance
Using split zoning rather than establishing conservation covenants will result in a net saving to
Council of up to $14,000 per annum (the average establishment costs of two conservation
covenants). These funds can be put into resourcing additional on-ground works on VCA
properties, or resourcing the establishment of more Nature Refuges on properties with high
biodiversity values or large size.
Increasing the financial incentives to VCA properties in line with CPI increases the annual budget
to the 15 existing VCA properties from $33,975 to $36,863.
Risks & Opportunities
By offering split zoning to landowners who wish to voluntarily protect part of their property into the
future there is an opportunity to significantly increase the area of private conservation land within
Noosa Shire.
There is a risk with the potential time lag (up to 2 years) between establishing a VCA agreement
over a property and the gazettal of the split zoning that the property may be sold during this
intervening period. In this circumstance the new property owner may seek that Council not
proceed with the zoning change or would have the option of applying under the Superseded
Planning Scheme.
Page 6 of 172
Section 7
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Consultation
External Consultation - Community & Stakeholder
A Nature Refuge Branch officer (DES) provided verbal advice on the current capacity of the
Queensland Government Nature Refuge program.
Internal Consultation
Environment Levy Working Group meeting on 20 November 2019 endorsed use of split-zoning
as a statutory protective mechanism for the VCA program.
Strategic Planning were consulted and provided advice on split zoning. Financial Services
advised on CPI increase rate.
Departments/Sections Consulted:
Chief Executive Officer Community Services x Corporate Services
Executive Officer Director Director
Executive Support Community Development x Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws x Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
x Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 7 of 172
Section 8
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Page 8 of 172
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Attachment 1
_¢ yy NOOSA Council Policy
@ | COUNCIL ENVIRONMENT LEVY POLICY
Corporate Plan Reference: Our environment is protected, enhanced and valued by the
community
Endorsed by Council:
Policy Author: Director Environment and Sustainable Development
POLICY PURPOSE
The purpose of the Environment Levy (“the Levy”) is to raise funds to conserve and/or improve
ecosystem health and biodiversity in the Noosa Shire and to support initiatives in partnership with
the community that protect, enhance and increase the resilience of Noosa’s natural
environment. This policy outlines the environmental and administrative principles that will provide
direction for the allocation of Environment Levy funds by Council.
The head of power for the Levy comes from Section 94 of the Local Government Act 2009 that gives
Council the ability to impose a separate charge on all rateable land in the shire. In doing so, Council
can only use funds raised via a separate charge for the specific purpose identified in the revenue
statement adopted each year as part of Council's annual budget process.
In that context, this policy provides guidance and further details about how the Council will manage
the Levy and its implementation.
Key aims of the Levy are to:
° Expand the Noosa conservation estate through;
o protection of environmentally significant land through acquisition;
© support for Private Land Conservation Partnerships (such as Land for Wildlife and
Voluntary Conservations Agreement programs), where such involvement is in-
keeping with the purpose of the Levy;
° Build community capacity by the provision of funding through an Environmental Grants
program that supports environmental initiatives in keeping with the purpose of the Levy; and
° Support significant environmental projects and programs related to key Council strategies and
plans, that protect, enhance and increase the resilience of Noosa’s natural environment.
° Fund the delivery and implementation of the Noosa River Plan — River Management Program
POLICY SCOPE
This policy applies to all programs, activities or incentives that are directly or indirectly funded or
supported, wholly or partly, by the Levy.
Council will review the amount of the Levy each year as part of the preparation of the annual budget
and adoption of the annual revenue statement.
POLICY STATEMENT
The allocation of Levy revenue will be subject to the following principles:
1. Acquisition of Environmentally Significant Land
The acquisition of environmentally significant land (or an interest in the land) shall be part of a wider
strategy for landscape protection and the preservation of biodiversity in the Noosa Shire.
Page 1
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Page 9 of 172
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
COUNCIL POLICY - ENVIRONMENT LEVY
Determining which properties might be purchased shall be guided by the Conservation Land
Guideline, which identifies criteria by which properties will be assessed for suitability for purchase,
or applicability for other conservation mechanisms. Council has established an Environment Levy
Working Group (ELWG) to undertake an initial assessment, based on the Conservation Land
Guideline, and to provide recommendations to Council regarding land purchases for environmental
purposes.
Funds can be expended on acquisition of environmentally significant lands (or an interest in the land)
and can be used for:
(i) | The purchase costs of acquiring parcels of land including any associated consultancy,
legal fees, transfer fees and background assessments.
(ii) | Engaging third parties to act on Council's behalf in the negotiation and acquisition of
priority properties.
(iii) | The immediate establishment costs associated with acquired parcels of land including,
but not limited to, management planning, fencing, weed management and fire
management.
(iv) Recurrent land management operational costs associated with management of land
(including an interest in land) acquired through the Environment Levy in accordance with
an approved management plan for that land.
Initiatives able to be undertaken after the land is acquired with Levy funds include but are not limited
to:
(i) | The excision and sale of portions of acquired land that are deemed unsuitable for the
purpose of the Levy where the considered future use of such portions will not adversely
impact upon the identified values of the balance area.
(ii) | On-selling an acquired site to a purchaser who undertakes a statutory covenant (or other
statutory mechanism) that is registered on the land title (in accordance with the Land Act
1994 or the Nature Conservation Act 2014) and expressly protects and manages the
conservation values of the property.
(ili) | The agistment, hiring, leasing, renting or selling any part, portion or product derived from
acquired land, including any built structures and any agricultural or natural resources
generated within, on or under the property, provided that these activities do not conflict
with the ecological and waterway protection and management of the property, and is
consistent with other principles contained in this Policy.
Council may seek to maximise opportunities for purchasing lands utilising external funding where
appropriate. Any acquisition and disposal of land will be carried out in accordance with the Local
Government Act 2009. The Levy may not be used to acquire land for parks where the primary
purpose is recreation.
Recurrent land management operational costs related to Council-owned land should not be funded
from the Levy, apart from land acquired with the Environment Levy.
2. Support for Private Land Conservation Partnerships
The Voluntary Conservation Agreement (VCA) program is a_ high-level protective
maechanismpartnership agreement_ that supports private landholders wishing to conserve their
property's environmental values in perpetuity by placing a protective mechanism on title over some
or all of the property. Available protective mechanisms are a Nature Refuge under the Nature
Conservation Act 2014, a Conservation Covenant under the Land Act 1994, and Environment
Management and Conservation zoning under the planning scheme.
Council may provide incentives to VCA landholders for environmental works as per an agreed
Environment Management Plan.
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
COUNCIL POLICY - ENVIRONMENT LEVY
Similar to the acquisition of Environmentally Significant Land program, potential VCA properties will
be assessed on their biodiversity attributes, regional ecosystem attributes, connectivity,
consolidation, species protection, and rehabilitation opportunities. VCAs that are proposed for land
that is identified in Council’s Conservation Land Guideline will receive the highest priority. VCAs that
contribute to Strategic Biodiversity Corridors will also be considered favourably.
Council has established an Environment Levy Working Group (ELWG) to consider, review and make
recommendations on new Voluntary Conservation Agreements.
Land for Wildlife (Lf—W) is a voluntary environmental partnerships program that supports private
landholders in improving environmental values on their land. This may be done through provision of
advice, training, networking opportunities and incentives. Land for Wildlife is a nationally recognised
program and an important introductory program that can lead to future Voluntary Conservation
Agreements and higher levels of protection.
Participants in the Land for Wildlife Program must have a genuine commitment to improving the
values of their property. They must also meet the criteria established for inclusion in the Land for
Wildlife program. The Conservation Land Guideline will be used to prioritise the properties added to
the Land for Wildlife program.
The Private Land Conservation Partnerships Guideline will guide the implementation of the VCA and
| LfW programs, including the types and quantity of financial support available.
3. Environmental Grants Program
Council may make provision of funding via an Environment Grants Program administered by Council.
Grants will be for collaborative community-based initiatives, capacity building and/or research
projects. Environmental Levy funds may be allocated to these purposes where grant projects are in
keeping with the purpose of the Levy.
The Levy amount to be allocated to an Environment Grants program will be determined by Council
as part of the annual budget process.
It is expected that projects and initiatives awarded grant funding will be for projects that align with
existing Noosa Council strategies, policies and plans and will have tangible and measurable
outcomes.
The Environment Grants Policy and relevant guidelines will outline the details of the program, such
as eligibility, how funds are allocated and how applications will be assessed.
4. Environmental Projects
The Levy may fund significant environmental projects or programs that are aligned with key Council
strategies and plans. Projects will be closely aligned with the Noosa Environment Strategy, and
contribute toward achieving the strategic outcomes and/or targets identified in the strategy.
Examples of projects funded could include significant, high-priority environmental restoration
projects, environmental partnerships with other organisations (such as research), or implementation
of programs from key Council strategies (such as the River Plan).
Projects will have significant positive environmental outcomes, and be in-keeping with the purpose
of the levy. Community partnership projects and projects that are able to leverage further funding
will be prioritised.
Significant environmental projects to be funded from the Environment Levy will be approved by
Council, either as part of the annual budget process, or with a decision of a Council meeting.
5. Noosa Biosphere Reserve Foundation
Council may choose to allocate a proportion of the Levy funds to the Noosa Biosphere Reserve
Foundation to support its management and administrative arrangements.,
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Page 11 of 172
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
COUNCIL POLICY - ENVIRONMENT LEVY
The Funding Deed between Noosa Council and the NBRF will guide the parameters under which
Council may consider this funding.
Page 4
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
COUNCIL POLICY - ENVIRONMENT LEVY
USE OF REVENUE
° The apportionment of Environment Levy funds will be subject to Council’s annual budget
review and program priorities.
e The Levy can be used for leveraging grants and partnership opportunities from the state and
federal governments, other agencies and trusts, provided there is no impediment to achieving
the agreed purpose of the Levy.
° Financial management of Levy revenue must be in accordance with relevant legislation and
Council policies.
ENVIRONMENT LEVY GUIDELINES
Specific provisions for implementing Acquisition of Environmentally Significant Land and Support for
Private Land Conservation Partnerships is detailed in the Conservation Land Guideline and the
Private Landholder Conservation Partnerships Guideline.
With regard to Acquisition of Environmentally Significant Land, the Conservation Land Guideline
includes details about identification of high biodiverse value parcels, mapped biodiversity corridors,
and preferred tenure for conservation purposes, and also provides a decision tool to support
decision-making.
With regard to support for Private Land Conservation Agreements, the Guidelines will include
eligibility criteria, minimum and maximum financial incentives based on the size and suitability of the
land under Covenant/Nature Refuge/Environmental Management and __Conservation
zoningsevernant/Nature Refuge, components of the Environmental Management Plan including fire
management planning, and processes for developing a VCA with a landholder.
With regard to the Environmental Grants Program, the Environment Grants Policy and related
guidelines will specify grant eligibility, process and assessment criteria.
ENVIRONMENT LEVY WORKING GROUP
The Environment Levy Working Group (ELWG) will make recommendations to Council on the
spending of Environment Levy funds. The Committee will consist of:
Manager Environmental Services
Principal Environment Officer
Senior Environment Officer (Planning)
Property Adviser
Principal Strategic Planner (Land Use)
Community Partnerships Officer
Coordinator Financial Services (as required)
One Councillor appointed by Council
Activities of the ELWG will include;
e Making assessments of properties for potential purchase based on the Conservation Land
Guideline. Properties identified as high priority may be presented to Council for a decision on
purchase and options available for purchase.
e Assessing applicants for Voluntary Conservation Agreements and making recommendations
for agreements to proceed, based on annual budget allocation for the program.
e Developing and annually reviewing guidelines for the Environmental Grants Program.
e Provision of advice to Council on other matters consistent with the purpose of the
Environment Levy Policy that require technical advice and assessment as required.
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Page 13 of 172
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
(CORNGIE ROHICYS ENVIRONMENT EE VY,
DEFINITIONS
Biodiversity Corridors are broad tracts of vegetated, cleared and partly cleared land, extending
across the Noosa landscape that can help consolidate or connect core habitat, and can occur across
private and/or public land. Biodiversity Corridors within Noosa Shire are identified in the
Conservation Land Guideline.
Core Protected Areas are large biodiverse areas that consist collectively of public land already
under conservation protection such as National Park, Bushland Reserves and Nature Refuges. Core
Protected Areas within Noosa Shire are identified in the Conservation Land Guideline.
Regional Ecosystem refers to distinct vegetation communities associated with specific landforms
and soil types, as identified by the Queensland Herbarium.
RELATED POLICIES AND LEGISLATION
° Land Act 1994
° Local Government Act 2009.
° Nature Conservation Act 1992
° Noosa Council Conservation Land Guideline 2018
° Noosa Council Private Landholder Conservation Partnerships Guideline 2018
° Noosa Council Revolving Fund Guideline 2018
° Noosa Council Environment Grants Policy 2019
e—Planning Act 2016
° Qld Environmental Offsets Policy 2014
° Vegetation Management Act 1999
Version control
Version Reason/ Trigge Change (Y/N) Endorsed/ Reviewed by Date
Page 6
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Page 14 of 172
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Attachment 2
| a NOOSA Policy Guideline
mm i Reeeree PRIVATE LAND CONSERVATION
PARTNERSHIPS
Corporate Plan Reference: Theme 1: The Noosa Environment — Our environment is
protected, enhanced and valued by the community.
| Endorsed by Council 20- September 2048
Guideline Owner and Department: Director Environment & Sustainable Development
GUIDELINE BACKGROUND
The purpose of this guideline is to provide direction to Council staff on the implementation of the
Voluntary Conservation Agreement (VCA) and Land for Wildlife (LfW) Programs. These programs
help support conservation efforts by landholders to protect and enhance biodiversity in Noosa
Shire on private land.
POLICY GUIDELINE
This Guideline applies to voluntary conservation initiatives on private land within Noosa Shire as
part of the wider biodiversity network consisting of core protected areas, biodiversity corridors and
the bushland reserve network.
Although Noosa Shire has large areas under conservation protection, a significant amount of
vegetation and habitat exists on private lands. Noosa Council recognises that private land
conservation is well placed to make a significant contribution to conservation as part of a broader
strategic objective to protect and enhance biodiversity and connectivity across Noosa Shire, as well
as provide benefits to landholders and communities.
LAND FOR WILDLIFE PROGRAM
The Land for Wildlife (LFW) program started in Victoria in 1981 with the aim of supporting private
landholders to deliver natural resource outcomes. The State of Victoria remains the head of power to
the program with all participating bodies holding a Memorandum of Understanding (MoU) with the
State. Noosa Council has been part of the Lf(WWSEQ collaboration since 1998, alongside 10 other
SEQ Council's. The agreement articulates specified program standards and obligations to maintain
the integrity of the LfW brand.
With over 50% of biodiversity values contained on private land in SEQ, LfW plays an integral role in
partnering with private landholders to conserve the biodiversity and natural amenity of the region.
The LfW program aligns with regional, state and federal objectives, with the program being
embedded in many SEQ Council policies and strategies, such as pest management and biodiversity.
The program engages with the community to improve catchment and waterway health; through
erosion and sediment control, revegetation and remnant vegetation protection through the integration
of wildlife habitat with agricultural and other land uses. It creates wildlife corridor linkages in strategic
| locations and between core protected areas-and-havens, enabling genetic interchange needed to
avoid inbreeding in isolated populations.
LfW is a voluntary conservation program that creates partnerships with eligible landholders. Council
Officers undertake property assessments and provide advice and engagement on the management
of properties for its conservation values. The LfW Program is delivered as part of Council's Private
Land Conservation Partnerships and is consistent with the Conservation Land Guideline.
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Eligibility
Residents that are eligible for the LfW program include:
° Landholders that have a minimum of 1 hectare of conservation area on their property
considered ‘retained habitat’ or ‘habitat under restoration’ as defined in the Land for Wildlife
Queensland Guideline.
° Landholders demonstrating their intention and commitment to manage their property to
maintain and enhance native flora and fauna in a way that attempts to integrate nature
conservation with other land management objectives.
| Support for Land for Wildlife
Council will provide support for new and existing Land for Wildlife members subject to available
resources consisting of:
e An iinitial site visit, property assessment, report, and provision of a sign and resource
material to new members.
e Quarterly newsletter.
e__ Delivery of Land for Wildlife events such as workshops and field days.
e Property revisits as requested by existing members.
e Other initiatives consistent with the intent of the Land for Wildlife program such as free
native tubestock, training/assistance with environmental weed management, and equipment
loans such as fauna cameras.
Levelt
Provisi ¢ for Wildlife si ¢
Quarterly newsletter
Level2
As-above-and
Revisi a at
VOLUNTARY CONSERVATION AGREEMENT (VCA) PROGRAM
The Voluntary Conservation AgreementVCA Program is a voluntary agreement between Council and
eligible landholders to permanently protect a nominated conservation area within their property-that
carries-on-titte. Through this agreement, Council may provide a range of financial incentives to assist
the landholder with this process.
The head of power to deliver the VCA program rests with the Environment Levy Policy. The
Conservation Land Guideline provides a mapping methodology that identifies Council strategic
approach and priority land parcels of interest.
Eligibility
Residents that are eligible for the VCA program include:
° Landholders with land parcels of high biodiversity values, of significant size and located next to
| or within Core Protected Areas; and/or
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° Landholders with land parcels that occur within biodiversity corridors between Core Protected
Areas (See Map Appendix 1); and
° Landholders who have demonstrated a commitment to achieving conservation outcomes, and
are confident that by partnering with Council in the VCA program they will protect and enhance
the conservation area as guided by an Environment Management Plan.
In certain circumstances, landholders with land outside these areas and criteria may be considered
for VCA if the land has a unique environmental significance, for example the land retains the last
remaining stand of an endangered ecosystem or species.
All applications for VCAs—and-split zening-of properties ineligible fora VCA. will be assessed and
prioritised by the Environment Levy Working Group arAvatyaccording to available resources-aad
budgeting—._utlisiag—tThe Environment Levy Policy criteria, Voluntary Conservation Agreement
assessment _matrix.— and Conservation Land Guideline will be used to assess _and_prioritise
applicationsfer guidance.
Administrative and Legal Requirements
The Voluntary Conservation Agreement (VCA)
A Voluntary Conservation Agreement is a legal document that outlines the terms agreed to
between the landholder and Council relevant to the conservation area that is under statutory
protection (see example agreement Appendix 3).
The VCA includes details of:
° Statutory Conservation Protection
° Environmental Management Plan
° Financial incentives
The following applies to the VCA:
e The agreement is developed in consultation with the landholder.
° The maximum term of the VCA is 5 years.
° The VCA can be extended past 5 years if agreed by both parties and there are compelling
reasons to continue environmental works on a review of the associated Environment
Management Plan (e.g. an extreme event such as fire or flood that has damaged restoration
works or works critical to the survival of a threatened species).
© The VCA terminates when land changes ownership or when the term of the Environment
Management Plan is complete. If ownership of the property changes, Council may seek to
engage the new landholder in a new VCA agreement if it is necessary to continue works as
identified in the associated Environment Management Plan.
e Areas on VCA properties outside the conservation area can continue to be used for other
purposes (e.g. grazing, orchards, open space, future house site).
e _AVCA does not grant any public right of access to the land.
Landholders are encouraged to seek independent legal and financial advice prior to placing statutory
conservation protection over their land and entering into an-agreementagreementa VCA. Due to the
associated start-up costs incurred by Council, before formalising a Veluntan--Conservation
AgreementVCA, a letter of agreement to proceed will be provided to the landholder for signing. Any
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third party interest holders on the property title (such as a mortgagee) must provide consent for the
VCA to proceed.
The Statutory Conservation Protection
Council offers three statutory conservation protection mechanisms under the VCA program. These
are:
Conservation Covenant
Under the Land Act 1994, a conservation covenant {see-example Appendix 2} is registered over the
conservation area on the property and runs with the title over successive owners. A conservation
covenant requires development of a survey plan, preparation of legal documents, and lodgement
with the Titles Office. The conservation covenant is a legal agreement between the property owner
(the covenantor) and Council (the covenantee). Compliance action in the event of breaches of the
covenant conditions is the responsibility of Council.
Nature Refuge
A Nature Refuge gazetted under the Nature Conservation Act 1992 can be placed over all or part of
a property and runs with the title over successive owners. A Nature Refuge offers the highest level of
protection however is subject to Queensland Government requirements such as minimum size of the
conservation area (greater than 10ha) and high biodiversity values. Compliance action in the event of
breaches of the Nature Refuge conditions is the responsibility of the Queensland Government.
Split Zonin
Council can also split zone _a property to place the conservation area under Environmental
Management and Conservation zoning, which is then protected under provisions of the curentand
future-Noosa Planning Schemes. Split zoning a property requires submitting a planning scheme
amendment to the State, and is processed as a batch of amendments on a reqular basis. The
balance of the property outside the conservation area remains in its original zoning (usually rural).
Compliance action in the event of breaches of the planning scheme provisions is the responsibility of
Council. Landowners whose properties do not meet the eligibility criteria for a VCA can request that a
nominated portion of their property be split zoned as Environmental Management and Conservation
under the Noosa Plan. In this circumstance there would be no formal VCA agreement with Council.
Environmental Management Plan
Council will develop an Environmental Management Plan (EMP) in consultation with the landholder
which-can_be+reviewed with the landholderon-annualbasis. At the end of the 5 year term and at the
request of the landholder, the EMP may be reviewed to guide landholders with future actions. The
EMP will include:
° a description of the conservation area and its environmental values;
° any threatening processes;
° management actions required;
° timeframes to deliver the EMP.
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Support for VCA’s
Financial Incentives
Existing VCA’s:
Council will continue to honour existing VCA’s that were entered into with the Sunshine Coast
Regional Council. Council may also offer existing VCA landowners the option of placing an additional
layer of protection over the property via split zoning the existing conservation area into Environmental
Management and Conservation zoning.
The agreed incentives will continue as per the individual landholders Voluntany-Conservation
AgreemenrtVCA with the annual incentive being reviewed against CPI every 5 yearsand—will-be
Incentives are paid annually following a property assessment by a Council officer with any
unallocated funds relating to a particular property expiring at the end of each financial year (i.e. they
are not carried forward). When a property changes hands, the statutory conservation protection
| remains, and the Voluntary Conservation AgreementVCA expires. An agreement between the new
landholder and Council may be entered into depending on VCA program priorities, and applications
will be considered at the request of the new landholder.
New VCA's:
| Where an eligible landholder and Council enter into a new VeluntarnyConservation AgreementVCA
which includes statutory protection and/or an Environmental Management Plan for the conservation
area, Council Ray-will provide the following insentivesresources:
Establishment costs
Council will outlay costs to establish a covenant, Nature Refuge or split zoning on the nominated
section of the property. Costs include developing a survey plan of the covenant area, Nature Refuge
dedication costs, legal fees, and Council officer time.
5 : ‘tba so ;
EnvironmentalVanagement PlanFinancial Incentive
A financial incentive may be provided for the development-and-annual implementation ferup+te-S
years—of an Environmental Management Plan_for_ up to 5 years, with the annual incentive being
reviewed against CPI every 5 years. These include:
° Costs to develop the Environmental Management Plan for the conservation area under
statutory protection.
| ° An annual incentive to implement the Environmental Management Plan—whick will be capped;
as follows:
o ~—- Minimum available annual incentive of $1,630 per annum for Conservation Areas up to 5
hectares in size.
° For conservation areas over 5 hectares an additional $108 will be available for every
extra hectare, up to a maximum total of $5425 each year.
° Ongoing financial support will not exceed 5 years unless specified in the EMP.
° Costs cannot be claimed for unexpended VCA funds from previous financial years.
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What funds can be used for under the EMP
The type of works or materials required will be identified in the agreed EMP. Examples include:
° engagement of contractors for ecological restoration works and fencing;
° engagement of contractors for pest control;
| ° engagement of consultants for services such as ecological surveys or fire management
planning and approved works;
° purchase of materials such as herbicide and/or hand tools;
° purchase of wildlife apparatus such as nest boxes.
Funds cannot be used for the purchase of machinery such as chainsaws, mowers, brush-cutters or
tractors.
VCA properties may be eligible for grants and other funding from state and federal governments
such as environmental or carbon offsets.
VCA funds cannot be used for works that are a regulatory requirement such as a condition of
development or subject to compliance action by a regulatory authority.
Commissioning works
The EMP priorities will be discussed on-site annually with a Council officer, the landholder and
| contractor/consultant to agree and review works undertaken_and identify upcoming works. Agreed
works will be confirmed in writing by Council and co-ordinated by the landholder and
contractor/consultant. Once works have been completed to the satisfaction of Council and the
landholder, the contractor/consultant will be paid by Council. Where the EMP provides an allowance
for supply of materials, the landholder shall obtain a quote from the supplier and provide to Council
for written approval prior to funding being expended and provide a tax invoice for reimbursement of
funds. Once the 5 year term is complete, the landholder is eligible for an ongoing annual property
visit from a Council Officer upon request_through the Land for Wildlife program. This may involve
discussions on further land conservation management and priorities.-
ROLES AND RESPONSIBILITIES
The Environment Levy Working Group will make recommendations t¢e-Gounsitenthe spending of
Environmenttew-funds forthe VCA pregran-on-an-annualbasis.on which properties to enter into
agreements with.
The Voeluntan--Conservation AgreementVCA Program will be managed by the Environment
Services Branch.
DEFINITIONS
“Biodiversity” refers to the variety of all life forms - all the different plants, animals and micro-
organisms, and the ecosystems of which they are a part.
“Conservation Land Guideline” is a mapping methodology to identify environmentally significant
land for potential acquisition or for private land conservation outcomes.
“Core Protected Areas” are large biodiverse areas that consist collectively of public land already
under conservation protection such as National Park, Bushland Reserves and Nature Refuges.
“Environment” refers to the use of the word to describe the natural (not man-made) environment
of the region and includes the natural ecological systems of air, water, soil and associated species
of flora and fauna.
“Environment Levy” refers to a Levy raised by Noosa Council (in accordance with section 94 of
the Queensland Local Government Act 2009), on all rateable properties within its jurisdiction, in
order to meet the objectives in this policy.
“Biodiversity Corridors” are broad tracts of vegetated, cleared and partly cleared land, extending
across the Noosa landscape that consolidate or connect core habitat, and can occur across private
and/or public land.
RELEVANT LEGISLATION
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Noosa Council Environment Levy Policy 2018
Qld Environmental Offsets Policy 2014
Qld Land Act 1994
Qld Nature Conservation Act 1992
Qld Planning Act 2016
Qid Vegetation Management Act 1999
| 2.0 Revision
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POLICY GUIDELINE — Private Land Conservation Partnerships
Appendix 1 - Core Protected Areas and Biodiversity Corridors
Core Protected Areas
& Biodiversity Corridors
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d 1ix 2 Bindi Cc te |
QUEENSLAND TITLES REGISTRY COVENANT FORM 34 Version 3
Land Titfe Act 1994 and Land Act 1994 Page lof
Ie Dealing Nurnber Lodger (Name, address, E-mai & phone number} Lodger |
MUNA AINMM! OF FICE USE ONLY ee
Privacy Statement
Cafection of information from this form is authortsed by legistatian and is
used to mantain publicly searchable records. For more information see
the Department's website.
1. Covenantor
2. Description of Covenant / Lot on Plan Title Reference
3. Covenantee
4. Description of Covenant linckide reference to mlevant section of legislation)
5. Execution
The Covenantor being the registered owner of the lot described in fem 2 covenants with the Covenantee in reapect of the covenant
descnbed in fem 4 and:-
Witnessing officer must be aware of his/her obligations under section 162 of the Land Title Act 1994
Witnessing Officer Execution Date Covenantor's Signature
{Witnessing officer must be in accordance with Schedule 1
of Land Title Act 1994 eg Legal Practitioner, JP. C Dec)
Witnessing Officer Execution Date Covenantee's Signature
(Witnessing officer must be im accordance with Schedule 1
of Land Title Act 1994 eg Legat Practitioner, JP, C Dec)
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Appendix 3-VCA Example
VOLUNTARY CONSERVATION AGREEMENT
Dated the-—___________ day-of ——________________ 20
BETWEEN: << of <<
BACKGROUND
eS re = a Et cS Pe SS See
THE PARTHES AGREE AS FOLLOWS
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3.—_Environmental Management Plan (EMP) and Covenant
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St NAPA Sage rent 4 STORES RAGHO RAT EA HS 46 DS deta en HA ACEH aAGS HHS
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He PAE tHe 2019 ake hae: Obs 6Gveo a tapas Noa S Ree G4 H}e AS 2
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45.—\_BDispute
CHS tHE BEHYE EA eon DO SYHDteEcG ORGS PHHe SS GHIHORAHGESEHH-ESetOHU a
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Page 13
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2 51987.44.01 OTHER CHANGE APPLICATION FOR A MATERIAL CHANGE OF USE
FOR ENTERTAINMENT AND DINING BUSINESS - TYPE 2 SHOP & SALON - 6
THOMAS STREET, NOOSAVILLE
Author Development Planner, Tara Norley
Environment and Sustainable Development
Index ECM/ Application/ 51987.44.01
Attachments 1. Proposal Plans
2. Infrastructure Agreement
APPLICATION DETAILS
Applicant D Lock & F Brown
Proposal Other Change to a Development Approval for Entertainment
and Dining Business - Type 1 Food & Beverages and Retail
Business - Type 2 Shop & Salon
Properly Made Date 19 July 2019
Information Request Date 16 August 2019
Information Response Date 28 August 2019
Decision Due Date 20 December 2019
Number of Submissions Nil
PROPERTY DETAILS
Property Address 6 Thomas Street, Noosaville Qld 4566
RP Description Lot 1 on RP161212
Land Area 653m2
Existing Use of Land Mixed use, including retail on the ground floor and residential
on the upper level.
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Visitor Mixed Use
Overlays Natural Hazard – Flood Hazard and Acid Sulfate Soils
Assessment Type Other Change (Impact)
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RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting
dated 13 January 2020 regarding Application No. 51987.44.01 for an Other Change to a
Development Approval for Entertainment and Dining Business - Type 1 Food & Beverages and
Retail Business - Type 2 Shop & Salon, situated at 6 Thomas Street, Noosaville Qld 4566 and:
A. Approve the change and add the following conditions:
When Conditions Must Be Complied With
12. 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
13. 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
15.0319.1.3A A New Ground Floor Plan Aug 2019
15.0319.1.4A A New First Floor Plan Aug 2019
15.0319.1.5A A Elevations Aug 2019
Nature and Extent of Approved Use
14. The total use area (excluding kitchen and food storage areas) of Entertainment and
Dining Business - Type 1 Food & Beverages on the site must not exceed 54.4m2.
15. The total gross floor area of Retail Business - Type 2 Shop & Salon on the site must
not exceed 209.25m2.
16. The approved uses must not operate outside the hours of 7am to 10pm, 7 days a
week, except Friday and Saturday, where Entertainment and Dining Business Uses
may operate until 12 midnight. The requirements of this condition must be included in
the Community Management Statement for any Body Corporate for the subject site.
17. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting nuisance or other emissions.
18. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and
not at all on Sundays or public holidays. The requirements of this condition must be
included in the Community Management Statement for any body corporate for the
subject site.
Building Height
19. The maximum height of the development must not exceed 5.05 metres above the
finished ground level and the natural ground level.
Performance Bond
20. Security in the form of a cash bond or trading bank guarantee to the sum of
$10,000.00 must be submitted to Council, to secure performance of all conditions of
this approval, prior to the issue of a Development Permit for Building Works. The
cash bond or trading bank guarantee will be returned on performance of the
conditions of approval less any costs incurred by Council in respect of enforcing
performance of this permit. Council reserves the right to call upon the bond or
guaranteed sum to effect compliance with conditions.
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Building Appearance
21. Ground floor shopfront glazing along the western frontages must be fully transparent
to a minimum of 50% of the street frontage to allow passive surveillance and
encourage social interaction.
22. All mechanical equipment and other service infrastructure located on the site must
be:
a. located not less than 2 metres from a property boundary
b. fully enclosed or screened such that they are not visible from the street
frontages nor adjoining properties.
23. No structures, excluding a street awning for weather protection, may be located
outside of the property boundary. Proposed planter boxes within the road reserve are
not approved.
24. The building must be well articulated, with strong vertical design feature elements.
The building must include subtle changes in colours, textures and materials to break
up the building facades. The proposed awning located within the road reserve must
be a lightweight structure, and the parapet reduced in height to the reasonable
satisfaction of the Manager Development Assessment to comply with the Noosaville
Locality Code.
Advertising Devices
25. Any advertising devices proposed on the site must comply with the provisions of The
Noosa Plan.
Waste Storage
26. The development must provide waste storage and disposal facilities in accordance
with Planning Scheme Policy 9, Waste Management.
27. Waste storage areas are situated to the rear of the building and are visually screened
by fencing.
Weather Protection
28. Street awnings must be provided along the full length of the western property
frontage, as shown on the Approved Plans. The awnings must have a minimum width
of 3.3 metres from the building line, and must be designed to provide continuous
solar and rain protection and promote all weather activity.
Public Safety
29. All ground floor shopfront glazing must be protected against vandalism by the use of
a form of safety glass such as toughened or laminated glass.
Easements
30. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
ENGINEERING
Car Parking
31. The applicant will comply with the requirements of any Infrastructure Agreement
entered into with the Council with respect to the payment of car parking contributions
in relation to the proposed development. In the event that the Infrastructure
Agreement does not apply a minimum of 11 car parking spaces must be provided
and marked on the site and made available and accessible at all times while the use
is open for business.
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Section 30
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
32. A minimum of 9 car parking spaces must be provided on the site in accordance with
approved plans; made available and accessible at all times while the use is open for
business. The carparking must include in particular:
a. Sealed and non-slip approved surface.
b. 7 customers parking spaces within the total, which are clearly marked for that
purpose.
a. 2 staff parking spaces within the total, which are clearly marked for that
purpose.
b. Parking spaces and line marked and sign posted crossfalls and gradients in
accordance with Australian Standard AS/NZS 2890.1. Parking Facilities- Part 1:
Off-street car parking.
c. Marked pedestrian routes in accordance with the conditions of this Decision
Notice.
b. Provision of vandal resistant public lighting with intensities to satisfy the
requirements of Australian Standard AS1158: Public Lighting Code.
33. All car parking areas and access driveway must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
34. A certification by a suitably qualified person for the upgraded car parking area is
required upon the completion of works and prior to issuing the Certificate of
Classification to confirm compliance with the conditions of this permit.
B. Delete existing conditions 1 to 11.
C. Agree to enter into an Infrastructure Agreement with the applicant that provides for
contributions in lieu of 2 on-site car parking spaces.
D. Find the following matters relevant to the assessment and sufficient reason to approve the
application:
1. The proposal complies with the Overall Outcomes of the Noosaville Locality Code as
the development will provide for Business Uses that directly service visitors
accommodated in the immediate area and foreshore, including entertainment and
dining activities, which will contribute to the economy of the Shire through the tourism
and hospitality sectors;
2. The development is consistent with the bulk and scale of buildings within proximity to
the subject site, maintaining the visual continuity and pattern of buildings along
Thomas Street, and presenting a high quality and interesting streetscape; and
3. The proposal will result in an improvement in built form through structural and
aesthetic changes to the existing building.
E. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The application seeks approval for an Other Change to a Development Permit for a Material
Change of Use - retail shop. The application is seeking approval to:
change the approved ‘retail shop’ to a restaurant and shop & salon;
include 29m2 of additional gross floor area (currently an existing unapproved structure) to
be used for the purposes of a restaurant (refer to blue area on Figure 1);
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change the use of an existing 27m2 single car garage for the purposes of a restaurant (refer
to pink area on Figure 1);
change the use of approximately 24m2 of existing ‘retail shop’ to a restaurant (refer to
green area on Figure 1); and
The remainder of the ground floor building use is to remain as a shop (refer to white areas on
Figure 1).
Figure 1: Proposed Additional Gross Floor Area
The proposal results in five tenancies, with Lot 1a and Lot 1c proposed to be restaurants and Lot
1b, Lot 2 and Lot 3 proposed to be shops (refer to Figure 2).
Figure 2: Proposed tenancy configuration
The driveway and car parking areas are proposed to remain in their current form, with no
additional onsite carparking proposed.
Additional changes are described in the application material as follows:
New weatherboard cladding,
new windows and entries,
a new roof over enclosed space,
a 3m extension to the awning to align with the extent of the building,
new posts, and a feature frieze below the awning.
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The application is before Council due to the requirement for an Infrastructure Agreement to be
entered into. The Infrastructure Agreement is required as the applicant proposes to pay a
contribution in lieu of a shortfall of two onsite car parking spaces.
The locality and proposal plans are detailed below:
Figure 3: Locality
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Figure 4: Proposed Ground Floor Plan
Figure 5: Proposed First Floor Plan
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Figure 6: Elevations (west, north, east and south)
2. SITE DETAILS
2.1. Background
The subject site has developed over time, with the original building/use, including the existing
garage and first floor dwelling unit, not requiring a planning permit at the time of construction
(refer to blue outline on Figure 7).
A planning application was lodged in 1987 under the 1985 Noosa Plan for the southern portion of
the building, for an additional 104m2 of retail (refer to red outline on Figure 7). A Development
Permit for a ‘retail shop’ (51987.44) was issued on 6 October 1987. Whilst the application related
to the additional 104m2 of gross floor area only, the approval conditioned nine carparking spaces
to be provided onsite for the entirety of the development, including the existing building uses.
The subject site was located within the Commercial A zone under the 1985 Noosa Plan, which
included a provision for gross floor area of 2:1 to site area, allowing the opportunity for the site to
develop to a maximum of 1306m2 of gross floor area (GFA). The total existing approved GFA is
approximately 382.2m2.
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Figure 7: Original Ground Floor Area (blue), Area Subject to 51987.44 Application and Approval (red), Existing
Unapproved Structure (green)
The Other Change application partly seeks a retrospective approval for a 29m2 area of floor
space that has been operating as additional gross floor area without a development permit (refer
to green outline on Figure 7). The application material states:
‘The unapproved works located adjacent to the frontage of the site occurred approximately
10 years ago by a previous owner of the premises’
It would appear that the area was fully enclosed sometime between June 2014 and August 2016
(refer to Figure 8). A planning approval was not issued for the works carried out onsite.
Figure 8: Google Street View June 2014 and August 2016
2.2. Site Description
The subject site is relatively flat and contains an existing 2-storey building, comprising a mixed
use development, including retail tenancies on the ground floor and a residential dwelling on the
upper level. The site has a 20m frontage to Thomas Street to the west, and includes 9 onsite
carparks at the rear of the property, accessed via a shared driveway located to the north of the
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development. The site is encumbered by two easements over the length of the northern
boundary of the property, allowing reciprocal access between the subject site and the adjoining
property to the north. The site contains no landscaping.
2.3. Surrounding Land Uses
The site is located on Thomas Street, in proximity to Gympie Terrace and the Noosa River. The
area consists of a mixture of residential and business uses, including short and long term
accommodation, entertainment, dining and retail businesses.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under section 82 of the Planning Act 2016, the application may be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the urban area of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the
provisions are relevant to the development.
Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Visitor Mixed Use. The
proposed Entertainment and Dining Business - Type 1 Food & Beverages use is identified as a
consistent use within the zone, whilst the Retail Business - Type 2 Shop & Salon is identified as
an inconsistent use within the zone. Despite the retail use being inconsistent, the use is existing
and obtained the relevant permit under the 1985 planning scheme as a ‘retail shop’.
The Other Change application is required to follow an impact assessable application process.
The pertinent issues arising out of the assessment are discussed below.
Overall Outcomes
Development sought in the Noosaville Visitor Mixed Use zone is predominately mixed use
development, incorporating business and residential uses. The proposal complies with the
relevant Overall Outcomes for the locality and zone, as the development is compatible with other
uses within the area and will provide for Business Uses, including entertainment and dining
activities that directly service visitors accommodated in the immediate area and foreshore.
Specifically, the proposal complies with the following relevant Overall Outcomes of the Noosaville
Locality Code:
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a) New uses and works are located, designed and managed to—
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;
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;
p) Noosaville is one of the principal visitor destinations in Noosa;
u) Variety in the built form is emphasised through the historical development of the locality
and the many architectural styles;
dd) The mixed urban character of Noosaville is maintained through the retention of older
building forms and the introduction of new buildings that complement old building forms by
incorporating low rise, low scale, well articulated buildings, lightweight building materials
and pitched roof forms that contribute to the skyline;
ee) Significant retail and commercial uses provide residents and visitors with a range of low to
high order goods and services;
qq) For the Visitor Mixed Use Zone - Business Uses are integrated with Multiple housing and
visitor accommodation where development -
iii. provides for Business Uses that directly service visitors accommodated in the
immediate area and foreshore users;
iv. respects the existing residential amenity of visitors and residents within and
surrounding the development;
v. includes entertainment and dining activities which may operate into the evenings and
include live music which creates a vibrant atmosphere;
vi. contributes to the economy of the Shire through the tourism and hospitality sectors;
vii. provides for parking that is generally accessed via shared driveways or from roads
other than Gympie Terrace; and
viii. is designed to ensure car parking does not visually dominate street frontages;
Specific Outcomes
The proposal complies with the relevant Specific Outcomes for the locality and zone, as the
development will provide additional appropriate Business Uses on the ground floor, with frontage
to the street, creating an active building frontage with visual interest for pedestrians. The
development is consistent with the bulk and scale of buildings within the locality, maintaining the
visual continuity and pattern of buildings along Thomas Street, and presenting a high quality and
interesting streetscape via an improvement in the existing built form of the building. Specifically,
the proposal is considered to comply with the following relevant Specific Outcomes of the
Noosaville Locality Code:
Specific Outcome O59
Uses on the ground floor, with frontage to the street, are a mix of residential uses,
recreation facilities, shops, restaurants and cafes that create active building fronts
Specific Outcome 60
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Buildings and other structures present a high quality streetscape with building elements
and forms that—
a) are consistent with the bulk and scale of buildings on adjoining and nearby land;
b) define, rather than dominate, the street and public spaces, particularly Gympie Terrace,
Noosa River and its foreshores;
c) create pedestrian scale and visual interest;
d) provide variation in building alignments by staggering or separating continuous walls
into smaller sections to vary the elevation;
e) vary and break up the roof form;
f) incorporate well articulated building forms with strong vertical design features elements
which interrupt the plane including windows, pergolas, sun shading devices and
variations in balcony styles; and
g) present subtle changes in colours, textures and materials to break up the building
facades;
h) integrate signage with the building design; and
i) integrate landscaping into the building design and car parking areas.
Built Form
The below table summarises the built form requirements for the proposal located within the
Noosaville Locality.
Criteria Planning Scheme Proposal Complies
Site Area N/A 653m²
Population density 10.45 persons max 3.3 persons
Site cover 40% max 50% X
Gross floor area 417.9m² max 439.2m² total X
(257m² existing retail
125.2m² dwelling
56m2 additional)
Non-residential component 83.6m2 max 314m2 X
(20% of GFA max)
Building height
storeys 3 storeys max 2 storeys
metres 12 metres 5.05 metres
Boundary setbacks
Frontage 6 metres min 0 metres X
Side (northern) 2.5 metres min 1.5 metres X
Side (southern) 2.5 metres min 0 metres X
Rear 6 metres min 8.1 metres
Landscaped open space 65m² min 0m² X
Landscaping on boundaries Frontage – 2m average 0m X
Rear – 3m 0m X
Carparking 5 uncovered min 0 uncovered X
(for additional GFA and
change of use area only)
Ratio units : shops 12:1 max 1:5 X
Site Cover
The Noosaville Locality Code Specific Outcome O11, states Site cover for the Visitor Mixed
Use Zone does not exceed 40%. The proposal would result in an increase in site cover from
approximately 45.4% to a total of approximately 50%, with the formalisation of the enclosed area
referred to as Lot 1a increasing site cover by approximately 5.6%. The proposed total site cover
exceeds the allowable site cover under the provisions of The Noosa Plan. However, it is noted
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that the subject site was historically located within the Commercial A zone under the 1985 Noosa
Plan, which did not have a provision for site cover. As a result, historical developments within the
surrounding area, within the Visitor Mixed Use zone, largely do not comply with site cover
requirements of the current Noosa Plan, including adjoining lots to the north and south of the
subject site:
Address Site Cover (approx.) Building Approval
8 Thomas Street 71% 1979
10 Thomas Street 73% 1989
203 Gympie Terrace 53% No file on record*
*aerial images indicate building pre-dates 1985 scheme
Whilst the proposal exceeds the site cover provision of Specific Outcome 11, the proposed
development meets Specific Outcome 10, as the development results in a building scale that is
compatible with surrounding development and does not present an appearance of bulk to
adjacent properties, roads or other areas in the vicinity of the site. As the existing unapproved
structure will be removed and rebuilt as part of this proposal, the renovated building will present a
superior built form outcome to what is currently existing, providing a greater variety in the built
form and architectural style along the Thomas Street road frontage. The renovation of the north
western corner of the building will result in greater street activation and visual interest for
pedestrians due to the proposed restaurant use being located along the street frontage.
Therefore, the proposed site cover is acceptable and compatible in the context of the subject site
and historical development within the surrounding locality.
Gross Floor Area and Non-Residential Component
The Noosaville Locality Code Specific Outcome O14, states for the Visitor Mixed Use Zone,
the maximum gross floor area equals the allowable population in persons multiplied by
40m2. Therefore, the maximum GFA for the site is 417.9m2. The current (approved) GFA is
382.2m2, with the additional 56m2 proposed resulting in a total GFA of 438.2m2, which does not
comply with the requirements of the current planning scheme. It is noted however, that the
subject site was historically located within the Commercial A zone under the 1985 Noosa Plan,
which included a provision for GFA of 2:1 to site area, allowing the subject site to have previously
developed with a maximum of 1,306m2 of GFA. As a result of the historical zoning of the area,
the surrounding locality has a variety of existing built form, with a number of sites containing
gross floor areas that would not comply with the current planning scheme requirements.
Address GFA (approx.) Plot ratio (approx.) Building Approval
8 Thomas Street 404m2 0.67:1 1979
10 Thomas Street 603m2 1.05:1 1989
203 Gympie Terrace 1765m2 0.79:1 No file on record*
*aerial images indicate building pre-dates 1985 scheme
Whilst the proposal exceeds the GFA provision of Specific Outcome 14, the proposed
development meets Specific Outcome 10, as the development results in a building scale that is
compatible with surrounding development and does not present an appearance of bulk to
adjacent properties, roads or other areas in the vicinity of the site, whilst maintaining the visual
continuity of development along the north eastern portion of Thomas Street. Therefore, the
proposed GFA is considered acceptable and compatible within the context of the subject site and
surrounding locality.
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Specific Outcomes 56.1 – S56.4 relate to the non-residential component of development within
the Visitor Mixed Use zone, with a maximum of 83.6m2 allowable under the planning scheme
provisions. The total proposed non-residential component is 313m2. The historical zoning of the
subject site and surrounds has resulted in a number of sites containing a higher proportion of
commercial uses than residential uses, particularly along the eastern side of Thomas Street. It is
also noted that although the development does not comply with current planning scheme
requirements, the development is substantially existing, and this application relates to an
additional 56m2 of GFA only. The addition of 56m2 of Entertainment and Dining Business - Type
1 Food & Beverages at the ground level is considered acceptable in the context of the
development and the surrounding locality, and is not anticipated to adversely affect the
residential character and amenity of the area.
Setbacks
Probable Solution S9.1 of the Noosa Plan requires the following setbacks in this location:
a) 6m from the front boundary for up to 2 storeys;
b) from side boundaries, a distance equal to half of the wall height, being 2.5m for this
development; and
c) 6m from the rear boundary for up to 2 storeys;
The setbacks do not comply with the above requirement, with the front and southern side of the
building being built to boundary, and the northern boundary setback being 1.5m. It is noted
however, that these setbacks are existing.
No changes are proposed to the southern side or rear boundary. The legitimisation and
renovation of the currently unapproved structure located on the north western corner of the
building will result in an additional approved encroachment of a length of 9.6m along the northern
boundary and a length of 3m along the front boundary (refer to blue in Figure 9).
The proposed additional encroachment into the side and front setback is considered consistent
within the locality, providing adequate distances from adjoining land uses and maintaining the
visual continuity and pattern of buildings along Thomas Street. Therefore, the additional
encroachment is not anticipated to result in any adverse impacts on adjoining properties.
Figure 9: Area of Additional Setback Encroachment
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Carparking
The original approval for a ‘retail shop’ conditioned 9 onsite carparks for the entire development,
at a rate of 1 space per 30m2, therefore, the existing area proposed for Retail Business - Type 2
Shop & Salon does not require the provision of any additional carparking (refer to Figure 10).
Figure 10: Area of Existing Approved Use Not Requiring Additional Carparking
Carparking requirements for Entertainment and Dining Business - Type 1 Food & Beverages
under The Noosa Plan are calculated based on use area, which excludes kitchen and food
storage areas (refer to Figure 10).
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Figure 10: Entertainment and Dining Business - Type 1 Food & Beverages Use Area,
Excluding Kitchen and Food Storage Areas (hatched)
The proposed change includes a total increase in use area of 54.4m2 for the purposes of
Entertainment and Dining Business - Type 1 Food & Beverages. Of the 54.4m2 use area, 20.4m2
will be a change from an existing approved ‘retail shop’ to a restaurant. This 20.4m 2 of existing
‘retail shop’ includes existing onsite carparking, which was originally calculated at a rate of 1
space per 30m2.
The following table provides a calculation for carparking requirements for the current Noosa Plan,
and the draft New Noosa Plan.
Use Type Use area Required
The Noosa Plan
Entertainment and Dining Business - Type 1 Food & Beverages at 1 space per 10m2 5.4
54.4m2
Minus existing carparking for 20.4m 2 of GFA 1 space per 30m2 -0.66
TOTAL 4.74
Draft New Noosa Plan
Food and Drink Outlet at 54.4m 2 1 space per 20m2 2.7
Minus existing carparking for 20.4m 2 of GFA 1 space per 30m2 -0.66
TOTAL 2.04
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It is noted that the minimum number of carparks is a probable solution under The Noosa Plan,
therefore is not exhaustive, and alternative solutions that achieve the outcomes of the planning
scheme may be considered by Council. It is also noted, as outlined above, that under the draft
New Noosa Plan, the carparking rate is proposed to decrease to 1 space per 20m2 for a Food
and Drink Outlet. Given the draft New Noosa Plan is now substantially progressed, it is
reasonable to apply the draft scheme carparking rate to the proposal.
It is acknowledged that due to existing development onsite, the subject site is significantly
constrained in terms of limited remaining vacant site area, combined with limited onsite
manoeuvrability. In addition, it is considered the locality would benefit more from improved public
transport, pedestrian or cycle facilities compared to the provision of additional car parking onsite.
As such, the applicant has advised that they are agreeable to enter into an Infrastructure
Agreement to make contributions in lieu of car parking. It is therefore recommended Council
enter into an Infrastructure Agreement for the 2 carparking spaces, at a rate of $15,000 per
space (subject to indexation), as per the Contributions in Lieu of the Provision of Onsite Car
Parking Council policy.
Landscaping
Probable Solution S1.1 of the Landscaping Code requires a minimum area of 10% (65m2) of
the site to be landscaped, with the following minimum dimensions:
a) Frontage— average width of 2m; and
b) Side or rear boundaries—3m width along all boundaries that adjoin land in a residential
zone.
The original development permit did not condition any onsite landscaping requirements, and
historically, the site has developed to be entirely impervious, with no landscaping provided on
site.
It is considered that the site is relatively constrained in regards to opportunities to provide
landscaping due to existing setbacks and carparking. It is noted a number of properties along the
eastern side of Thomas Street have been developed with no or very limited landscaping provided
onsite. There is limited landscaping provided along the centre strip of carparking along Thomas
Street, adjacent to the subject site, providing some amenity to pedestrians.
The proposal plans include planter boxes located on the front footpath outside of the subject site.
As the structures are proposed on a pedestrian footpath, it is considered that they may cause a
safety issue for pedestrians, and/or become an ongoing maintenance issue for Council.
Therefore, the proposed structures within the road reserve are not supported and the following
condition is recommended:
15. No structures, excluding a street awning for weather protection, may be located outside of
the property boundary. Proposed planter boxes within the road reserve are not approved.
4. DRAFT PLANNING SCHEME
The draft New Noosa Plan zones the subject site as Tourist Accommodation. This zone reflects
the intent of the current Visitor Mixed Use zone under the existing Noosa Plan. The new scheme
provisions for site cover accord with the current planning scheme, however gross floor area is no
longer a built form outcome under the draft, rather, a plot ratio of 0.65:1 is required. The
proposal, at 0.64:1 would comply with the draft plot ratio requirement. In addition, carparking
requirements for food and drink outlets have reduced under the draft planning scheme, as
previously discussed. It is considered that no changes to the assessment or recommendation
would result under the New Noosa Plan.
5. CONSULTATION
5.1. Referral Agencies
Not applicable
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
5.2. Other Referrals
The application was forwarded to the following internal Council officers:
Engineering, Development Assessment
5.3. Public Notification
The application was publicly notified for fifteen business days in accordance with the Planning
Act 2016. No properly made submissions were received.
6. CONCLUSION & REASONS FOR DECISION
The proposed development seeks an Other Change to a Development Permit for a Material
Change of Use – retail shop to a Development Permit for a Material Change of Use for
Entertainment and Dining Business - Type 1 Food & Beverages and Retail Business - Type 2
Shop & Salon at 6 Thomas Street, Noosaville. The proposed Entertainment and Dining Business
- Type 1 Food & Beverages use is consistent in the Visitor Mixed Use zone. The Retail Business
- Type 2 Shop & Salon use is an inconsistent use within the zone, however is an existing use on
the site, with an overall reduction in the proposed GFA to be utilised as Retail Business - Type 2
Shop & Salon from what is currently existing onsite.
Despite not complying with a number of probable solutions and specific outcomes of The Noosa
Plan, the proposal complies with the overall outcomes and the relevant specific outcomes of the
Noosaville Locality Code. The development provides for additional entertainment and dining
businesses in an appropriate location. The development is consistent with the bulk and scale of
buildings within the locality, maintaining the visual continuity and pattern of buildings along
Thomas Street, and presenting a high quality and interesting streetscape via an improvement in
the existing built form of the building. Although additional onsite carparking cannot be provided
due to site constraints, the applicant has advised they are agreeable to enter into an
Infrastructure Agreement to make contributions in lieu of car parking. The application is therefore
recommend for approval subject to reasonable and relevant conditions.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 44 of 172
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Attachment 1
Page 45 of 172
rT 1 Attachment 1
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Page 45 of 172Section 46
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
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: Page 47 of 172Section 48
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Attachment 2
Page 48 of 172
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Attachment 2
NOOSA SHIRE COUNCIL
FJ BROWN & DA LOCK
INFRASTRUCTURE DEED IN RESPECT OF PAYMENT OF CONTRIBUTIONS
IN LIEU OF OFF-STREET PARKING FOR A DEVELOPMENT PERMIT FOR:
MATERIAL CHANGE OF USE FOR ENTERTAINMENT AND DINING
BUSINESS - TYPE 1 FOOD & BEVERAGES AND RETAIL BUSINESS - TYPE
2 SHOP & SALON
DEVELOPMENT PERMIT: 51987.44.01
Sa
Page 1 of 12 x A
Page 48 of 172Section 49
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
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co anSection 50
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Page 50 of 172
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
THIS DEED is made on the date stated in item 1.
BETWEEN The Council
AND the Applicant
AND the Owner
RECITALS
A The applicant is FJ BROWN & DA LOCK and is also the owner.
B The applicant lodged a development application in relation to the Subject Site.
C The applicant has made a request to the Council that it provide fewer on-site car
parking spaces for the development proposed by the development application than
would otherwise be required under the planning scheme.
D The applicant proposes a contribution be paid for the shortfall in the number of car
parks which would otherwise be required.
IT IS AGREED
1 INTERPRETATION
1.1 Nature of Deed
This deed accords with Clause 2.
1.2 Commencement
This deed commences on the Commencement Date.
1.3. Interpretation
(a) In this deed, unless a contrary intention appears, reference to:
(i) | aclause is to a clause in this deed; and
(ii) | the singular includes the plural and vice versa; and
(iii) any gender includes all other genders; and
(iv) a person includes a firm, a corporation, an association and a body,
whether incorporated or not and a government or statutory entity or
authority; and
(v) legislation (including subordinate legislation) includes:
(A) statutory instruments under the legislation; and
(B) consolidations, amendments, re-enactments or replacements of
the legislation; and
(vi) writing includes any mode of representing or reproducing words in
tangible and permanently visible form and includes facsimile fh
transmission; and K)
Page 3 of 12 RK Se
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(vii) this or any other deed includes the deed as varied or replaced and is
not affected by any change in the identity of the parties; and
(viii) aday is a Calendar Day
(d) Whenever more persons than one constitute a party, all the covenants,
deeds, conditions, restrictions and provisos on the part of that party
contained or implied in this deed bind those persons jointly and each of them
severally.
(e) This deed is in all respects to be interpreted in accordance with the laws of
the State of Queensland, and the parties irrevocably and unconditionally
submit to the non-exclusive jurisdiction of the courts of that state and any
courts which have jurisdiction to hear appeals from them, and waive any
right to object to proceedings being brought in those courts.
(f) | Nothing contained in this deed affects, prejudices or derogates from the
requirements of any statute or from the rights, powers and authorities of the
Council under the provision of any statute or under any declared policy of
the Council.
(i) | All schedules to this deed form part of this deed and a reference to an item
is a reference to an item in Schedule 1 unless stated otherwise.
(j) |Terms used in the Special Conditions which are not otherwise defined in
Clause 1.4 (Definitions) shall have the meanings assigned to them in the
Council's Planning Scheme.
1.4 Definitions
In this deed:
“Act” means the Planning Act 2016 (the “Act’).
applicant means the person described in and having its address at the place
described in item 4 of Schedule 1 and includes:
(a) successors and permitted assigns in the case of a corporation, association
or other body whether incorporated or not; and
(b) executors, administrators and permitted assigns in the case of a natural
person.
“Calendar Day” has the meaning given in section 36 of the Acts /nterpretation Act
1954 (Qld).
“Chief Executive Officer’ means the Chief Executive Officer of the Council and
includes the person (if any) for the time being acting as Chief Executive Officer.
“Commencement Date” means the date when this deed commences being the
date when the last party executes this deed
“Council” means the Local Government described in Item 3 of Schedule 1 and its
predecessors, successors, transferees and assigns.
“development” has the meaning given in the Act.
“development application and development permit” have the meanings given
in the Act and are identified in Item 7 of Schedule 1. LA
4
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“Index Number” means the Consumer Price Index - Index Numbers; All Groups
CPI for Brisbane produced by the Australian Bureau of Statistics. If the said Index
is suspended or discontinued or if different factors are used to determine the same
Index, the Index Number shall be such an Index as the Council and Owner agree
reflects increases in the costs of living in Brisbane. In default of such agreement
such Index will be as determined on the application of either party to the President
of the Queensland Law Society Inc at the relevant time, or his Nominee, acting as
an expert and not as an arbitrator and whose decision shall be conclusive.
“infrastructure charges notice" has the meaning given in the Act.
“Infrastructure Contribution” mean the contribution in lieu of car parking spaces
required under clause 3.2.
“local government’ has the meaning given in the Local Government Act 2009.
“local government area” has the meaning given in the Local Government Act
2009.
“lot” has the meaning given in the Act.
“Notice” means any certificate, demand or notice to be made, given or served by
a party under this deed.
“owner” has the meaning given in the Act and is the person described in item 4A
of Schedule 1.
“Planning Scheme’ means the planning scheme of the Council applicable for the
Subject Site.
“Special Conditions’ means the conditions specified in item 6 of Schedule 1 with
which the Owner and Applicant must comply.
“Subject Site” means the land described in item 5 of Schedule 1 and includes:
(a) any interest or estate in, on, over or under the land; and
(b) the airspace above the surface of the land and any estate or interest in the
land; and
(c) the subsoil of the land and any estate or interest in the subsoil; and
(c) any part or parts of the land; and
(e) any estate or interest created in respect of any of the above matters.
“use” has the meaning given in the Act.
1.5 Other Expressions
If a term is not defined in this Deed it shall unless the context otherwise requires,
have the meaning given to it by:
(a) the Act; or
(b) the Macquarie Dictionary in the absence of a definition in the Act.
Page 5 of 12 a
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1.6 Rights and Obligations
Where rights or obligations are in respect to any contributions or works those rights
shall be rights in favour of Council and those obligations shall be obligations to
Council.
2 INFRASTRUCTURE DEED
2.1 Application of Act
This Deed constitutes an infrastructure agreement under the Act.
2.2 Warranty of Ownership
The owner warrants that, at the time of signing this agreement, it is the owner of
the land.
2.3. Deed to bind successors in title
The owner consents to the obligations of the applicant under this Deed being
attached to the Subject Site and binding on the owner and the owner’s successors
in title in accordance with Section 155 (When infrastructure agreements bind
successors in title) of the Act.
2.4 Deed conditional upon approval of Development Application
This Deed is conditional upon the development permit taking effect.
3 INFRASTRUCTURE CONTRIBUTION
3.1 Infrastructure Agreement overrides Development Permit
This Deed applies to the extent of any inconsistency with the development permit
and the Infrastructure Contribution payable hereunder is in addition to any
conditions of, or payments required by, the development permit and/or any
infrastructure charges notice given in respect of the development.
3.2. Contribution in lieu of off-street parking
The applicant must pay the Council the greater of:
(a) the amount identified in Schedule 2 of this Deed; or
(b) the amount calculated in accordance with the formula in Clause 3.3.
3.3 Indexed Infrastructure Contribution in lieu of off-street parking
The Infrastructure Contribution in lieu of off-street parking payable, identified in
Schedule 2, shall be indexed annually for a financial year in accordance with the
following formula:-
A=BxC
D
Where A= the Indexed Infrastructure Contribution amount at the time the
payment is made
Where B= the Additional Networks Infrastructure Contribution identified in J
Schedule 2.
J
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Where C = the Index Number for the March quarter immediately preceding the
financial year in which the Infrastructure Contribution is being paid;
and
Where D = the Index Number for the March quarter immediately preceding the
financial year upon which the Infrastructure Contribution is issued as
stated in Schedule 2.
3.4 Time for payment
The Infrastructure Contribution in lieu of off-street parking is to be paid before the
use approved by the Development permit commences.
3.5 Payment to Council
The Infrastructure Contribution in lieu of off-street parking shall be paid to Council
unless the applicant is directed in writing by Council to pay it otherwise.
3.6 Onsite carparking spaces
In addition to payment of the infrastructure contribution the applicant shall provide
the number of car parking spaces on the subject site specified in Item 8.
4 GOODS AND SERVICES TAX
The federal government has determined that rates and utility charges levied by
local government will be GST free. Accordingly, no component for GST is included
in this Infrastructure Contribution.
5 DEFAULT BY OWNER OR APPLICANT
5.1 Rights of the Council on default
If the applicant fails to duly perform and fulfil any or all of its obligations under
Clause 3 the Council may recover from the applicant or the owner the whole or
any amount of the Infrastructure Contribution not paid and its costs of recovery.
5.2 Application of money
The Council may apply any sum recovered or received by it pursuant to Clause
5.1 (rights of the Council on default) as far as the sum may extend to or towards
all or any one or more of the following:
(a) reduction or discharge of the amount payable by the applicant or owner
under this Deed; and
(b) reimbursing itself for the cost of works done and/ or for any damages or costs
suffered by it as a consequence of such non-payment.
6 RECONFIGURATION OF THE SUBJECT SITE
6.1 Reconfiguring and compliance
If the Subject Site is reconfigured under the provisions of the Act and the
obligations under this Deed have been satisfied, then this Deed no longer remains
attached to the reconfigured lots and the owner's successors in title are not bound
by this deed, 5
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
6.2. Reconfiguring and non-compliance
If the Subject Site is reconfigured under the provisions of the Act and the
obligations under this Deed have not been satisfied, this Deed remains attached
to the reconfigured lots and the owner’s successors in title remain bound by this
deed.
7 SERVICE
7.1 Service by prepaid post
A Notice is sufficiently made, given or served by a party if left at or forwarded by
prepaid post in an envelope addressed to the other party or any of them (where
there are more persons than one person comprising the other party) at the address
of that party specified in Schedule 1.
7.2 Deemed service
A Notice if sent by prepaid post is deemed to have been made, given or served at
the time when in the due course of the post it would be delivered at the address to
which it is directed whether or not it is actually received.
7.3 Proof of service
In proving service of a Notice made, given or served by the Council it is only
necessary for the Council to certify to that effect under the hand of the Chief
Executive Officer.
7.4 Form of Notice
(a) A Notice given by a party must be in writing and signed by the party.
(b) A Notice given by a party may be signed by an officer of that party or the
solicitor for that party.
(c) A party receiving a Notice is not obliged to enquire as to the authority of the
person signing the Notice.
8 MISCELLANEOUS
8.1 Payment of costs
The applicant shall pay the Council's legal costs of and incidental to the
preparation and execution of this Deed on a solicitor own client basis.
8.2 Time
Time is, in all cases, of the essence.
8.3. Place for payment of monies
All monies payable to Council under this deed are payable free from all deductions
at the address of Council specified in Schedule 1.
8.4 Waiver
No waiver by the Council of any breach by the applicant or owner of any of the ;
provisions of this Deed shall be implied against the Council or be otherwise
effective unless it is in writing under the hand of the Chief Executive Officer. A :
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
8.5 Laches and delay
No laches or delay by the Council at any time or times in enforcing any of its rights,
powers and the like under this Deed prejudice or affect those rights or powers.
8.6 Severance
\f any provision of this Deed cannot be given effect or full force and effect by reason
of statutory invalidity that provision shall be severed or read down but so as to
maintain and uphold so far as possible the remaining provisions of this deed.
8.7 Warranty of authority
Any person signing this Deed:
(a) as attorney of any party warrants to the other parties that at the date of
execution that person has not received any notice or information of the
revocation of the power of attorney appointing that persons; and
(b) as an authorised officer, agent or trustee of any party warrants to the other
parties that at the date of execution that person has full authority to execute
this deed in that capacity.
8.8 Further assurances
Each party agrees at its cost to do everything reasonably necessary to give effect
to this Deed.
8.9 Amendment of deed
(a) Despite any provision of this Deed, the parties may at any time agree to vary
the terms of this Deed
(b) No modification, variation or amendment of this Deed is of any force or effect
unless:
(i) it is in the form of an amendment Deed and has been signed by the
parties; and
(ii) | where relevant the amendment Deed complies with the requirements
of the Act.
xP) “
Page 9 of 12 GF > -
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
SCHEDULE 1
Deed Details
ITEM 1 Date The Commencement Date
ITEM 2 Name of Deed Infrastructure Deed in respect of payment of
car parking contributions for a development
permit for Material Change of Use for
Entertainment and Dining Business - Type 1
Food & Beverages and Retail Business -
Type 2 Shop & Salon
ITEM 3 Council Noosa Shire Council
9 Pelican Street, Tewantin in the State of
Queensland
PO Box 141, Tewantin QLD 4565
ITEM 4 applicant FJ Brown & DA Lock
Dela Coste 1/18 Sunseeker Cl
NOOSAVILLE QLD 4566
ITEM 4A ~=owner FJ Brown & DA Lock
Dela Coste 1/18 Sunseeker Cl
NOOSAVILLE QLD 4566
ITEM 5 Subject Site Lot 1 on RP161212
6 Thomas Street, NOOSAVILLE QLD 4566
Local Government of Noosa
ITEM 6 Special Conditions The Infrastructure Contribution must be paid
in accordance with clause 3.2 of this deed
ITEM 7 Development Application 51987.44.01
and Permit
ITEM 8 Number of onsite Nine (9)
carparking to be provided
Page 10 of 12 COR
) m
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
SCHEDULE 2
Contribution in lieu of off-street Parking
The Contributions in lieu of off-street parking are detailed in Table 1:
Table 1 Contributions in lieu of off-street parking y : : : ; —
Amount Payable
INFRASTRUCTURE CONTRIBUTION Current at: 2019-2020
Financial Year
Contribution in lieu of off-street parking for 2 car park spaces $30,454.00
TOTAL =
(Subject to indexation applicable at date of payment) $30,454.00
PAYMENT OF THE INFRASTRUCTURE CONTRIBUTION
i. The monetary contribution is payable in accordance with this Infrastructure
Agreement.
ii. The monetary contribution is payable before the use commences.The contribution is
to be paid to Noosa Council.
li. Methods of payment
Cheque or money order to be made payable to: Noosa Council
PO Box 141, Tewantin, QLD 4565
Noosa Council Tewantin office: 8.30 am to 4.30 pm Monday to Friday
(excludes public holidays)
Mastercard or Visa only
Credit Card Note: All payments made by credit card will incur a 0.5% surcharge to reflect the
cost of fees charged for credit card transactions.
Direct Bank Payment by electronic transfer direct to Council's Bank Account is only
Tranter available by special arrangement. Contact Infrastructure Enquiries:
[email protected]
iv. Please contact Council directly via telephone on: (07) 5329 6211 or 5329 6449 during
office hours or alternatively via email: ic¢@noosa.qlid.gov.au a minimum of 2
business days prior to payment of the infrastructure contributions for the current
indexed amounts applicable at the time of payment.
11 of 12 Ap, . AY
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
EXECUTED AS A DEED.
This deed dated this day of 2020
BETWEEN NOOSA SHIRE COUNCIL a Local Government duly constituted under the
provisions of the Local Government Act 2009
(“Council”)
AND FJ Brown & DA Lock
(‘the applicant” and “the owner’)
SIGNED SEALED AND DELIVERED by the )
delegated officer for and on behalf of the ) ee
NOOSA SHIRE COUNCIL ) Signature
)
) Name
)
) Dated
Signed/Executed by the applicant and owner
Felicia Jane Brown Dennis Anthony Lock
Aaa ae tae remanent a
(Signature) Seer’ 44
X January blo 2 Ditthg 2020
(Date) (( (Date)
In the presence of Witness being a Justice of the Peace:
SUN! Avvesté Dewan
(Name)
POO sn Sis a
(Signature) é wr = ay /
( BY Mi
. sme * 12 of 12
BA ceonas LOR, ‘Sy a_R
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Page 59 of 172Section 60
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
3 MCU19/0054 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
A MIXED USE COMMERCIAL DEVELOPMENT SITUATED AT 2-18 & 20 HOFMANN
DRIVE, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Environment and Sustainable Development
Index ECM/ Application/ MCU19/0054
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Noosa Spotlight Property 2 Pty Ltd
Proposal Material Change of Use – for undefined uses
Properly Made Date 17 May 2019
Information Request Date 28 June 2019
Information Response Date 25 September 2019
Decision Due Date 13 January 2020
Number of Submissions 4
PROPERTY DETAILS
Property Address 2-18 and 20 Hofmann Dr Noosaville Qld 4566
RP Description Lot 1 SP 222982 and Lot 4 SP 246584
Land Area 25,810m² and 9,952m² (Total 35,762m²)
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Shire Business Centre (Precincts E5, B3 , OS3 and OS6)
Overlays Biodiversity Overlay – Environmental Protection and
Environmental Enhancement
Natural Hazards Overlay – Low Potential Acid Sulfate Soils
Assessment Type Impact
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting
dated 13 January 2020 regarding Application No. MCU19/0054 for a Development Permit for
Material Change of Use for undefined uses – Showroom, Office, Health Care Service, Indoor
Sport and Recreation, Low Impact Industry and Food and Drink Outlet, situated at 2-18 and 20
Hofmann Drive Noosaville and
A. Refuse the application for the following reasons:
1. The proposed development being predominantly retail, does not comply with the SEQ
Regional Plan’s Elements, Strategies and Outcomes relating to Goal 2 – Prosper as
it:
1.1. fosters retail employment rather than employment in the export oriented and
high-value sectors;
1.2. is using land set aside for non-retail employment which inhibits the ability of
Noosa Shire to meet employment planning baselines;
2. The proposal does not support the Economic Vision for the Shire to create a strong
viable niche economy as the proposal introduces a small second shopping centre into
the Noosa Business Centre limiting available land for growth in identified priority
focus areas of wellness industries, knowledge-based businesses, education and
service industries, heritage and creative arts industries.
3. The proposal, being predominantly retail, is contrary to the Desired Environmental
Outcomes of the Noosa Plan as:
3.1. The extent of large format retail is not envisaged for the centre with a proportion
of Noosa’s Shire’s higher order needs intended to be fulfilled by the Principal
Regional activity Centre of Maroochydore; and
3.2. It will impact on the long term viability of the Noosa Business Centre, as the
principal business, retail and administrative centre.
4. The proposed uses are clearly defined by The Noosa Plan and the applicant’s
proposed use definitions are unnecessary, inappropriate and have the potential to
cause confusion.
5. The proposed development is contrary to the Noosaville Locality Code as the
proposed extent of retail is not planned and significantly exceeds the retail caps set
by the Noosa Plan; and
5.1. will not support the growth of the Noosa Business Centre as being a multi-
function employment node which provides for a wide range of business uses;
5.2. will not retain the development capacity within the centre in the longer term to
take advantage of potential new employment opportunities.
6. The proposed built form, design and layout does not comply with the Noosaville
Locality Code as:
6.1. the proposal has the characteristics of a standard retail commercial design
without the architectural features unique to Noosa;
6.2. overall the built form is more suited to retail uses than to the other uses
proposed such as low impact industry;
6.3. the applicant has not demonstrated that some buildings would be sufficiently
screened from Council’s major road network;
6.4. building 4 exceeds the maximum building height for the area and has a reduced
building setback from Hofmann Drive; and
6.5. pedestrian connectivity and access is poor.
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
7. The proposal does not meet the Landscaping Code as the car parking area is
deficient in landscaping with unsatisfactory provision for shade trees.
8. The proposal is significantly deficient in car parking and does not comply with the
Noosa Plan’s Driveways and Car parking Code.
9. The applicant has not satisfactorily demonstrated that the development will not
adversely impact on the external traffic network contrary to the Noosaville Locality
Code and the Transport, Roads and Drainage Code.
10. The applicant has not demonstrated that stormwater management can be
successfully and appropriately integrated into the current development layout
consistent with the Water Sensitive Design Code and the Transport, Roads and
Drainage Code.
11. The proposal includes clearing of significant vegetation as part of the proposed
measures for stormwater management contrary to the purpose of current
environmental covenants registered over the site and the Noosaville Locality Code
requirements for Precinct OS3.
12. The proposal does not comply with the draft Noosa Plan as:
12.1. the quantum of retail proposed is not envisaged on the site and does not
advance or assist in preparing for a transitioning or changing economy;
12.2. the proposal is not contributing to the identified key priority sectors;
12.3. carparking is grossly deficient and the applicant has not demonstrated there will
not be adverse effects on the surrounding traffic network;
12.4. the development does not reflect a good subtropical design and is not
distinctively recognisable as being Noosa Style; and
12.5. the stormwater management of the site does not comply with the Water Quality
and Drainage Code.
13. There is no significant need for the proposed retail and the proposal does little to
advance the priority sectors envisaged by Noosa’s Local Economic Plan.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The proposal is for a commercial mixed use development with a gross floor area of 13,185m².
The proposal seeks approval for a range of uses which have been prepared by the applicant
including:
Shop;
Showroom;
Office health care service;
Indoor sport and recreation;
Bar;
Low impact industry; and
Food and drink outlet.
The applicant indicates any tenancy could be used for any of the proposed uses.
As a result of discussions with Council during the Decision Period, on the 22 November 2019 the
applicant made a minor change to the application pursuant to the Planning Act 2016. The
changes include:
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The removal of the Shop, Hotel and Bar uses from the application;
Amendment to the definition of the Low Impact Industry;
Nominated uses for tenancies except for tenancies 3 and 4 which are maintained with a
range of uses; and
Reduced the number of tenancies by amalgamation of some tenancies.
Table 1 below lists the applicant’s uses and definitions. Track changes identify the amendments
made as part of the submitted change to the application.
Table 1 – Proposed Uses and definitions
Proposed Use Proposed Definition
Retail Showroom premises not less than 300m² per tenancy used for the display
and sale of large or bulky goods, or large stocks of similar goods
or related goods
Shop premises less than 300m2 per tenancy used for displaying, selling
or hiring goods other than supermarket, department store or
discount department store
Office Premises, limited to buildings 1 and 4 used for:
a) providing an administrative, financial, management or
secretarial service or function; or
b) the practice of a profession; or
c) providing business or professional advice or services.
Health Care Services premise used for medical purposes, paramedical purposes,
alternative health therapies or general health care, if overnight
accommodation and keeping of animals is not provided on
premises.
Indoor Sport and Recreation premises used for leisure, sport or recreation activity conducted
wholly indoors.
Hotel premises used for—
a) selling liquor for consumption on the premises; and
b) Located within a tenancy comprising a Low Impact Industry.
A Hotel may also comprise a dining or entertainment activity, if the
use is ancillary to the use in subparagraph (a).
Bar Bar means the use of premises, with seating for 60 or less people,
for —
a) selling liquor for consumption on the premises; or
b) an entertainment activity, or preparing and selling food and
drink for consumption on the premises, if the use is ancillary to the
use in paragraph (a).
Low Impact Industry premises used for industrial activities that include the
manufacturing, producing, processing, repairing, altering,
recycling, storing, distributing, transferring, treating of products
and have one or more of the following attributes:
a) minimal impacts on sensitive land uses due to off-site
emissions including aerosol, fume, particle, smoke, odour and
noise;
b) traffic generation at a rate no more than other uses in this
definition;
c) the use generally operates during the day (e.g. 7am to 7pm);
d) off-site impacts from storage of dangerous goods are minimal;
e) the use is primarily undertaken indoors.
The use includes the sale of goods, resulting from such
operations, provided that sales space does not exceed 20% of the
use area. Any space dedicated for administration or accounting
work in connection with such operations does not exceed 20% of
the use area.
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Proposed Use Proposed Definition
Food and Drink Outlet Food and drink outlet premises, limited to building 2, used for:
a) preparing and selling food and drink for consumption on or off
the premises; or
b) providing liquor for consumption on the premises, if the use is
ancillary to the use in paragraph (a);
c) Excluding premises which contains a drive-through.
Any tenancy/s may be used for one, or a combination of, the above uses. For example, a Low Impact
Industry tenancy used for a brewery may include a Hotel or Bar use, or a Low Impact Industry making
clothing may include a Shop use to enable the sale of clothing from the same tenancy.
Table 2 below provides the proposed use areas for the development and separately identifies
tenancies 3 and 4 which accommodate a range of uses.
Table 2 – Proposed floor areas
Use Use Area (approx.)
Office / Health Care Service / Indoor Sport and Recreation / Low Impact 1,280m²
Industry (building 1 - T3 and T4)
Low Impact Industry ( building 1 - T5,6,7,8,9 and 10) 900m²
Food and Drink Outlet (building 2) 216m²
Showroom (building 3 - T1, 2, 11, 12, 13,14,15, 16 and 17) 7,845m²
Indoor sport and recreation (ground floor of building 4) 680m²
Office (upper 2 levels of building 4) 1,340m²
Total 12,261m²
The whole development is generally an L shape consisting of 4 individual buildings with the
largest building (showrooms) located parallel with the northern boundary and the north-west
corner of the site. Smaller tenancies in pavilion style buildings are located further south running
parallel along the western boundary. A standalone small building is located within the car park
area. A 3 storey office/mixed use building is proposed near the Hofmann Drive roundabout.
The proposed development layout is provided as Figures 1 and 1a below with the building and
tenancy numbers identified.
Figure 1 – Development layout
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Figure 1a – 3D perspective of the development layout
Building 1 is proposed to the southern end of the lot and proposes a building height of 7.2m and
includes 3 larger tenancies between 500m² and 700m² being tenancies 3 & 4 and 6 smaller
tenancies at 150m² being tenancies 5-10 (T. See Figures 2, 3 and 4 below.
Figure 2 – Southern end of Building 1
Figure 3 – Central portion of Building 1
Figure 4 – Northern part of Building 1
Building 2 breaks up the proposed car parking and is generally centrally located between the
vegetation along Hofmann Drive and Building 1. Building 2 proposes a building height of 4.8m
and includes 2 small tenancies, 98m² and 118m² and are proposed as food and drink outlets.
See Figure 5 below.
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Figure 5 – Building 2 – food and Drink Outlets
Building 3 is located along the north and western boundaries. This building comprises 2 larger
tenancies of 1800m² and 2,760m² being tenancies 1 & 2, which bookend 4 smaller 500m²
tenancies. A social meeting place and public facilities separate the largest tenancy located in the
north east corner from 2 additional smaller tenancies of 325m² and 460m² along the western
boundary. See Figures 6, 7 and 8 below for elevations.
Figure 6 – View to the western part of the building 3. The portion on the right is the largest
tenancy’s frontage to the carpark.
Figure 7 – The central smaller 500m² tenancies and the larger 1800m² tenancy on the right
of building 3.
Figure 8 – View from building 4 across the carpark through the pedestrian spine to the social
meeting place as part of building 3.
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Building 4 is located on the eastern side of the site near the Hofmann Drive roundabout and
proposes a building height of 12m and 3 storeys comprising 680m² for the ground floor and level
1 and 660m² for level 2. The ground floor tenancy is proposed for Indoor Sport and Recreation
and the 2 upper floors, offices. Figures 9 and 10 below show Building 4.
Figure 8 – View from Hofmann Drive of building 4 the office building.
Figure 9 – 3D perspective from the internal northern carpark of building 4.
Each of the 4 buildings have a slightly different architectural style which include covered
walkways, timber (or timber look) and masonry finishes.
Three vehicle accesses are proposed including access for service vehicles from the cul de sac of
Commerce Court (near the Salvation Army Family Store) and general public vehicle access from
the Hofmann Drive roundabout and from near the southern boundary. The development
proposes 347 car spaces (including 8 spaces for people with disability spaces and 1 taxi / public
ride share space), 3 motor cycle spaces and 69 bike spaces.
A full suite of plans are provided as Attachment 1.
1.1. Supporting documents
The application material includes the following specialist reports and documents:
Town Planning Report prepared by Urbis;
Architectural Drawings prepared by Buchan;
Architectural Vision Package prepared by Buchan;
Integrated Water Management Plan prepared by Cardno;
Economic Impact Assessment prepared by Location IQ;
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Landscape Design and Landscape Addendum prepared by Urbis;
Infrastructure Services Report prepared by Cardno;
Waste Management Plan, prepared by MRA Environmental;
Traffic Impact Assessment prepared by Cambray Consulting;
Ecological Report prepared by Gondwana Ecological Group; and
Preliminary Arboriculture Report prepared by Treescience.
2. SITE DETAILS
2.1. Background
2.1.1. Subject site
132007.1273 - On 22 December 2008 Council approved 7,633m² of ‘trade related’ showrooms
and 5,256m² of offices. The development included 1 large 1,500m² tenancy with the balance of
showrooms ranging in size between 400m² and 500m². Conditions of approval required the
showrooms to be only ‘trade related’ to complement the neighbouring industrial area and provide
an appropriate transition between uses. This approval has now lapsed.
MCU12/0051 - On 28 March 2013, Sunshine Coast Council refused a development application
for material change of use for 9,822m² for an undefined use (Home Improvement store –
Masters) and 1,737m² of showroom. The applicant subsequently appealed the decision and the
Court on 15 July 2014 over turned Council’s decision and granted a development approval. Two
applications to extend the relevant period were submitted but were withdrawn. This development
approval has now lapsed.
2.1.2. Shire Business Centre - Retail Floor Area
Shire Business Centre
The Shire Business Centre involved the establishment of a discount department store-based
shopping centre of approximately 23,900m2 gross floor area, along with 7,200m2 gross floor of
retail showrooms, a service station and 4,925m2 gross floor area of commercial office space.
A development application for a major shopping centre expansion, was lodged with Noosa
Council in 2007 and was ultimately assessed by Sunshine Coast Council. The proposal involved
a 41,050m2 expansion to the existing shopping centre, comprising 35,850m2 of additional retail
floor space and 5,200m2 of commercial office space. Council refused the proposal and the
decision appealed (Planning & Environment Court appeal ref. 182/09). The case proceeded to
trial but the appellant subsequently discontinued the appeal in May 2011.
On 24 September 2015 Council refused a shopping centre expansion comprising 32,525m² of
floor area. The proposal included a second discount department store, a major supermarket, a
subordinate supermarket and 50 plus specialty shops (approximately 22,230m² in retail floor
space). An appeal was lodged on 23 October 2015 and was subsequently dismissed on 16
December 2016 by the Planning and Environment Court.
2.2. Site Description
The 2 sites adjoin Commerce Court and Hofmann Drive and are generally a rectangular shape.
The development site is affected by 3 vegetation Covenants for visual amenity purposes,
Covenant AA and Covenant Y along the northern boundary and Covenant AB to the south along
Hofmann Drive. Refer to Figure 10b.
Easements for access and drainage also traverse the site which are generally redundant as
these were created as part of the greater Shire Business Centre.
Much of the lot has been historically excavated to approximately 1m below the natural ground
level other than to the north eastern portion of the lot where some fill exists. The land is generally
commensurate with the existing road and footpath levels.
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A vegetated drainage corridor runs initially along the northern boundary eastwards, then
traverses the lot southward and finishes at the stormwater culvert near the Hofmann Drive
roundabout.
The drainage corridor and the vegetation located to the north east corner (the majority of Lot 2,
Precinct B3) of the site is characterised by regrowth vegetation consisting of canopy species of
Eucalyptus robusta (Swamp Mahogany), Melaleuca quinquenervia (Paperbark) , Allocasuarina
littoralis (She Oak), Lophostemon confertus (Brushbox). The vegetation is less than 20 years old
in most parts and currently provides some visual screening of the development site.
Figure 10a below shows an aerial of the site and the surrounding area, Figure10b shows the
covenants and Figure 11, the zoning.
Figure 10a – Aerial and surrounding area.
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Figure 10b – Covenants AA and Y along the northern boundary and Covenant AB to the south of
the site along the eastern boundary.
Figure 11- Blue refers to Shire business Centre zone, purple refers to Industry zone, pink refers to
Semi-attached housing zone and green refers to Open space conservation zone.
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2.3. Surrounding Land Uses
The Noosaville industrial estate is adjacent to the site to the west, with Hofmann Drive forming
the site’s eastern frontage. Directly adjoining the site to the west in the industrial zone are 7 lots
containing a broad range of uses which are listed below:
Salvation Army Family Store (Commerce Court)
General industrial uses
Landscape supplies
Kennards hire
Boral Concrete batching plant
Warehousing
Adjoining to the south, a medical centre is approved, and to the east the commercial office
component of Noosa Civic. To the north, the site has frontage to Commerce Court with Eenie
Creek Road slightly further north.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
3.2.1. South East Queensland Regional Plan 2017 (SEQ Plan)
The Shire Business Centre (which the subject site is included within) is located within the Urban
Footprint of the SEQ Plan. The SEQ Plan set outs 5 Goals for the SEQ Region being;
Goal 1 – Grow,
Goal 2 – Prosper,
Goal 3 – Connect,
Gaol 4 – Sustain and
Goal 5 – Live.
The Goals are the strategic outcomes sought to pursue the 50-year vision for the SEQ region.
The Noosa Business Centre is identified as being a Major Regional Activity Centre within the
SEQ Plan’s Regional Activities Centres Network.
The proposed low impact industries, offices and health care uses are considered broadly
consistent with the SEQ Plan’s Goals. However, the proposed large format retail raises conflicts
with the Elements, Strategies and Outcomes relating to Goal 2 – Prosper.
Goal 2 sets out 8 elements and associated strategies to ensure SEQ flourishes in the global
economy.
The Elements for Goal 2 seek the following:
1. High-performing outward-focused economy;
2. Regional Economic Clusters;
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3. Regional activity centres network;
4. Knowledge and technology precincts;
5. Major enterprise and industrial areas;
6. Tourism;
7. Special uses; and
8. Rural prosperity
It is considered the most relevant strategies of the above Elements are:
Element 1 - High-performing outward-focused economy
SEQ responds to the transitioning economy by focusing on export-oriented and business-to-
business transactions that drive productivity and growth, while continuing to enhance population
serving activities that support growing communities.
Strategy 6 & 7
6. Support and facilitate progression towards more technologically and digitally-based work
practices, including the rising influence of disruptive technologies to streamline transactions
and improve business efficiency.
7. Plan for and deliver sufficient land and local infrastructure to accommodate, as a
minimum, the employment planning baselines (Table 3 and Appendix A), including an
adequate supply in the interim (Figure 10).
Element 3 – Regional activity centres network
The regional activity centres network adapts to the demands of a transitioning economy, serves
the current and future economic and social needs of the community and business, and drives
productivity, collaboration and economic growth.
Strategies 1 – 5
1 Accommodate major employment-generating activities in regional activity centres to
support their role and function in the broader centres network and leverage existing
economic assets and infrastructure (Maps 3, 3a, 3b and Tables 7 and 8).
2 Plan for an increased range and mix of complementary activity, including higher
residential densities, in and adjoining those centres with direct access to high frequency
public transport.
3 Ensure development in individual centres is consistent with the regional centres network
(Table 8).
4 Encourage synergies between regional activity centres and other economic uses,
including knowledge and technology precincts, and major enterprise and industrial areas.
5 Achieve a high-quality urban form that promotes a walkable urban environment within
regional activity centres, to encourage interaction and collaboration.
Part C Chapter 3 of the SEQ Plan combines the Noosa Shire and the Sunshine Coast Council
into a Northern sub-region and provides outcomes to align with the Elements and Strategies of
the Goals. Noosa Shire, directly, does not feature greatly in the narrative, however, Goal 2,
Outcome 9 is important and states:
9 Regional activity centres (such as the Noosa Business Centre), knowledge and
technology precincts, and major industry and enterprise areas that are not part of RECs will
be developed in line with the regional strategies.
Under the SEQ Plan, Maroochydore (Sunshine Coast CBD) is the higher order centre being a
Principal Regional Centre of the Sunshine Coast. The Noosa Business Centre along with
Caloundra, Caloundra South and Kawana are Major regional activity centres which are set aside
as key support centres for the Sunshine Coast CBD.
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The intent of a Principal regional centre (Maroochydore) is in part to ‘…serve as both creative
and knowledge hubs while giving their workforce and resident catchments access to high-order
retail and hospitality functions, and cultural and entertainment facilities’.
The intent of the Major regional centres is in part; ‘As well as their traditional service roles, growth
and commercial development increasingly supports creative and knowledge-intensive
businesses to meet the demands of a changing economy’.
The quantum of large format retail proposed is more suited to and intended for a Principal
regional centre such as the Sunshine Coast CBD given the existing and planned retail for the
Noosa Business centre.
Large format retail is not a high employment generating use and does little to prepare for a
transitioning and changing economy. The proposal is therefore underutilising the land, and
impacts on The Noosa Plan’s ability to deliver the State’s baseline employment targets.
The retail dominated proposal raises conflicts with the SEQ Plan’s Elements, Strategies and
Outcomes relating to Goal 2 – Prosper. The proposal will do very little to advance the planning
intent of this Goal as it is not providing a supportive function to the Principal regional centre and
sterilises land intended to be set aside primarily for non-retail diversification and future unknown
employment uses.
Planning Regulation 2017
Koala habitat area
The site is mapped as Low Value Rehabilitation under the SPRP mapping. The assessment
benchmarks do not require clearing to be minimised or significant residual impacts to be offset.
Clearing operations must be in accordance with Sch11 2(2)(a) to (e) of the Planning Regulations
2017. Any approval could be conditioned accordingly.
SEQ Region
The proposal is for an urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the
provisions are relevant to the development.
3.3.1. Strategic Provisions
The following strategies provide strategic context for the application.
Strategy 1.4.3 Economic Sector Vision to 2021
By 2021, there will be a strong viable niche economy:
a) protecting and enhancing Noosa Shire’s national image and market position (“Noosa Brand”);
b) with employment opportunities, business and industrial growth that complements
environmental values; and
i. a continued emphasis on tourism and hospitality as key economic drivers of the Noosa
Shire economy;
ii. better integration of existing sustainable industries;
iii. growth strategies focussed on (in order of priority):-
o wellness industries (including aged care and healthy lifestyle industries;
o knowledge-based businesses (including home-based industries);
o education and service industries;
o heritage and creative arts industries; and clean, green, light and environmentally
friendly sustainable industries and agriculture
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Strategy 1.7.7 Commercial and Retail Development
a) Noosa Shire’s centre hierarchy is shown on Map SM.
b) With the exception of the emerging Shire Business Centre, additional commercial
development is confined to existing business centres, neighbourhood centres, village
centres and mixed-use areas in the visitor precincts of Hastings Street, Gympie Terrace
and Sunshine Beach.
c) The scheme allows for a substantial Shire Business Centre off Eenie Creek Road,
Noosaville. This centre will be the business and employment focus of Noosa Shire and
amongst industrial, commercial and community facilities will include a shopping centre
anchored by a discount department store.
d) The existing business centres of Noosa Junction, Noosaville, Tewantin and Cooroy will
include some commercial and retail infill within the Business Zone to service the
surrounding population. Cooroy particularly has scope for expansion to cater for the rural
hinterland and passing visitors.
Part 3 – Desired Environmental Outcomes
3.1.3 b) COMMERCIAL & RETAIL USES
A hierarchy of centres with a range of Commercial and Retail business uses provide
suitable levels of amenity, service and access to the community, consistent with the
community’s location and needs by—
i proportion of Noosa Shire’s higher order needs being fulfilled by centres in other areas,
particularly the Principal Regional Activity Centre of Maroochydore;
The development proposal provides floor area of approximately 4,416m² (36%) for the top 4
industries and business identified by the economic strategy but also includes a significant retail
component of 7,845m² (64% of the development).
Therefore, while the proposal delivers some business and employment opportunities, the majority
of the proposal is retail, which is a low employment generator. The built form and layout is more
akin to a shopping centre, or a large format retail based centre with specialty shops; essentially
proposing a secondary shopping centre located on the fringe of the Shire Business Centre.
Overall the proposal while providing some job potential, conflicts with both the economic and
commercial retail Strategies which seek to advance certain priority sectors other than the retail
sector.
3.3.2. Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Shire Business Centre. The
lots are further divided into Precincts E5 (Lot 1 - western lot) and B3 (Lot 4 – eastern lot). Figure
11 below includes the Shire Business Centre Precinct map.
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Figure 11b – A Precinct plan of the Shire Business Centre with the subject development site
identified with a black perimeter.
The proposed uses are required to follow an impact assessment application process. Table 3
identifies the proposed uses and whether the uses are consistent within the Precincts. The Table
also includes the equivalent Noosa Plan use definitions.
Table 3 – Consistent Uses
Proposed Use Noosa Plan equivalent definition Consistent Consistent
Applicants Precinct E5 Precinct B3
definitions
Showroom Retail business type 4 – showroom X
Retail business type 2 – shop/salon X X
Office Commercial business Type 1 - office
Health Care Service Commercial business type 2 - medical
Indoor Sport and Entertainment and dining business type 2 – X X
Recreation Recreation, amusement & fitness
Low Impact Industry Industrial businesses type 1 and type 2 X
Food and Drink Entertainment and dining business type 1 – X X
Outlet Food and beverages
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Uses definitions
The applicant proposes a range of uses with their own tailored definitions. In support of these the
applicant provided the following narrative:
‘As noted in the town planning report, the proposal seeks a tailored approach to land uses
and the resulting flexibility for tenancies through seeking an ‘Undefined Use’ for the
proposed Noosa Marketplace development. This includes:
• Bespoke use definitions that more appropriately describe the development …for the full
Undefined Use definition;
• Recognising that the planning scheme defined uses / use types could result in uses
operating in an inappropriate or inconsistent manner, or to be interpreted to be operating
unlawfully;
• Allowing flexibility of land uses for small start-up businesses as well as more niche
businesses, consistent with Council’s expectations for parts of the site;
• Representing orderly development where individual and cumulative tenancy impacts can
be effectively managed through building design and managed through reasonable and
relevant conditions of approval.
The proposed Noosa Marketplace seeks to deliver a curated precinct-based experience,
supporting new and emerging businesses by creating a destination anchored with
established ‘retail showroom’ uses that are attractive to both residents and visitors. The
attractors will be national or emerging brands which will drive visitation to the site,
effectively supporting all the businesses that establish on site’.
We acknowledge that the proposed Noosa Marketplace departs from certain aspects of
the current Noosa Plan (Planning Scheme) and draft New Noosa Plan (Draft Plan –
Rounds 1 & 2) however when viewed as an integrated precinct we consider that the uses
Council express as being of concern are overstated.
We note the following:
• The increased GFA in the proposed retail showroom definition seeks to further
differentiate the need for premises that provide larger floor plates;
• The bulky goods component is retained;
• The limitation on the types of goods sold are removed for a more flexible approach for
those businesses requiring larger tenancies for retailing of large stock of similar or
related goods;
• There is no confusion that the retail of goods could be a ‘large shop’; and
Large floor plate retail is recognised as a sustained trend. Of note, Council commissioned a
series of studies to inform and shape the Draft Plan - The Noosa Centres Hierarchy Review
2017 (Centre Hierarchy Review). Part 2.1 Retail trends of this report recognises the strong
growth over the past 10 years in large floor plate shops that locate with showrooms and
bulky goods outlets’.
The Noosa Plan’s definition of Showroom and Shop is:
Showroom
Retail business type 4 showroom - Premises exceeding 250m² gross floor area for the display
and sale of goods that are primarily of a bulky nature and of a similar type, including but not
limited to boats, electrical goods, bulk stationery supplies, furniture, floor coverings, sporting
equipment and apparel, motor vehicles, recreational vehicles, motor accessories and the like.
The term includes any associated sale of spare parts for such goods. The term does not include
a large shop.
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Shop
Type 2 Shop & salon - The use of premises for an activity that is generally found in a shopping
complex, strip or centre. The use includes a shop, hairdressing salon, appliance repairs,
alterations, dry cleaning and a café with dining facilities for up to 10 people.
The applicant’s proposed definition of showroom is:
Retail Showroom - premises not less than 300m² per tenancy used for the display and sale of
large or bulky goods, or large stocks of similar goods or related goods.
The proposed showroom definition in some respects combines The Noosa Plan’s showroom and
shop definitions and is not considered a new use as such. Large format retail businesses clearly
sit comfortably either with the Noosa Plan definitions of showroom or shop, dependant on the
products sold. The applicant’s other proposed definitions also fit clearly within the Noosa Plans’
definitions.
The applicant’s tailored use definitions are not required as the uses proposed are essentially the
same as the Noosa Plans’. The proposed use definitions therefore create ambiguity and
difficulties in administering the development should the development be approved and are
unnecessary.
Overall Outcomes
The proposal is required to accord with the Overall Outcomes of the Noosaville Locality Code.
The relevant Outcomes are discussed below.
Overall Outcomes
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;
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;
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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;
Showroom
While a showroom use is consistent in precinct B3, the applicant’s showroom definition means
that not only could a traditional showroom selling large or bulky goods operate, but also any large
shop including large format retail could establish. Examples of large format shop/retail that are
not showrooms (under The Noosa Plan definitions) which could potentially occur include a surf
wear store or a chemist warehouse etc. The applicant also acknowledges that ‘there is no
confusion that the retail of goods could be a large shop’.
While large format retail as proposed is a trend that is occurring across the states and throughout
Australia, the Noosa Business centre is intended to provide for a wide range of business uses
and there is no narrative in the Overall Outcomes to suggest a broadening of the retail sector for
Noosa.
Indoor sport and recreation
The applicant suggests that the Indoor sport and recreation adds to the combination of land uses
for the development which ‘facilitates a clear path to achieving a diverse, efficient and strong
local community’. While the applicant’s narrative is high level, given the location in the Shire
Business Centre, an indoor sport and recreation use may complement the other uses proposed
such as healthcare and office uses.
Food and drink outlet
The applicant suggests the Food and drink outlet tenancies are positioned centrally at the heart
of the Noosa Marketplace, comprise 2 small tenancies, less than 2% of the overall proposed floor
area, and are proportional to and located to serve the businesses, workers and public visiting the
site. Given the extent of floor area and the limited pedestrian access to the Noosa Civic food
court, it is considered that a small scale food and drink outlet may be an appropriate use on site
and complement the other proposed uses such as low impact industry, offices, indoor sport and
recreation and health care. However, the proposed location is opposite the low impact industries
which is not an ideal location for a food and drink outlet and could be better located.
The proposal aligns, or partially aligns, with some of the above Overall Outcomes but raises
concerns with others. In particular the retail dominated development raises concerns with:
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Overall Outcome tt) i & ii - the proposal conflicts with this provision as the Noosa Shire Business
Centre as a Major activity regional centre plays a supportive role to a Principal Regional Centre
(Sunshine Coast CBD) under the SEQ plan. The proposal is providing some job potential, but
given the extent of retail uses, is sterilising land which is set aside for non-retail uses to diversify
the economy and provide for employment growth.
Overall Outcome tt) iii C) – the Outcome seeks a substantive quantity of non-retail development
for employment opportunities beyond retail business. The proposal seeks the opposite, with 64%
of the site proposed for retail business purposes.
Overall Outcomes tt) iv, v & viii - Council’s consultant architect raises significant concerns with
the built form and layout which is discussed in detail below in Section 3.3.2.2 of this report.
Overall Outcome tt) xi, A) - seeks that Precincts B1 and B2 provide the highest order retail
development and is the retail core of the Noosa Business Centre. The proposed development
seeks substantial retail outside of these Precincts. The Noosa Plan’s retail cap of 7,000m² for
showrooms has already been exceeded by 200m² (7,200m²) as well as the 18,300m² cap for
shops which is exceeded by 5,600m² (23, 900m²).
Overall Outcome tt) xi, C) – seeks that Precinct E5 is protected for future growth of new
employment opportunities. The proposed extent of retail conflicts with this provision as it is not
providing for transitioning and changing employment opportunities.
3.3.3. Built form and layout
The locality code includes built form requirements for new development.
Table 4 below summarises the development’s level of compliance with some key built form
provisions for Precincts E5 and B3.
Table 4 – Development Parameters for Precincts B3 and E5
Criteria Planning Scheme Proposal Complies
Precincts B3 and E5
Site Area B3 - 9,952m²
E5 - 25,810m²
Total 35,762m²
Plot ratio B3
0.8:1 0.48:1
(7,961m²) (4,840m²)
E5
0.6:1max. 0.29:1
(15,486m²) (7,441m²)
Landscaped open space 5,365m² min 5,543m²
Soft landscaping 5,365m² min 60% of 5,543m²
total
Building height B3 Building 4 - Office
storeys 2 storeys Building
metres 8 metres 3 storeys
11.9 metres X
Building 3 (pt) X
1 storey
7.2metres
E5 Building 3 (pt)
2 storeys 1 storey
10 metres 7.2 metres
Building 2
1 storey
6 metres
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Criteria Planning Scheme Proposal Complies
Precincts B3 and E5
Boundary setbacks Hofmann Drive Hofmann Drive
6m Building 1 – 36m
Building 2 – 20m
Building 3 – 13.2m
Building 4 – 1.75m to X
4.49m
Commerce Court Commerce Court
6m Building 3 – 19.62m
South side boundary 2.18m
West side boundary 2.96m
Carparking 465 spaces 347 including 8 PWD
‘Showroom’ calculated plus X
as large format retail 1 taxi/ride share
Bicycle Spaces 122 bicycle spaces (1 69 bicycle spaces X
End of Trip Facilities* per 100m²) No lockers indicated X
*(required only where 5 + spaces are 1 locker per 2 bicycle but could be provided
required) spaces and; as a condition of any
approval
It is unclear if shower
1 shower cubicle with cubicles have been X
ancillary change room provided. This could
per 10 bicycle spaces be conditioned as part
of any approval.
The proposal complies with the parameters of plot ratio and the quantity of landscaped open
space required by the Planning Scheme. However, these are only one aspect of the built form
and landscaping outcomes the Planning Scheme seeks for the development of the site. Other
issues raised in regard to built form, setbacks, visual amenity, carparking provision and
landscaping are discussed below.
General architectural overview
Council engaged an architect to peer review the overall design and layout of the development.
Council’s consultant architect provides the following appraisal of the development.
The proposed development is a standard mixed-retail format with buildings arranged around an
elongated internal parking courtyard. Vegetated buffers and increased setbacks are employed in
an attempt to screen the development externally.
The buildings create an internal parking courtyard. The attempt to create 2 precincts and breakup
the car parking is reasonable. The design misses an opportunity to create an internally activated
‘street’ to create vibrancy and achieve the Planning Scheme’s requirement (O96) to have parking
in front of buildings and have buildings and landscaping dominant visual features.
Proposed buildings are standard retail format with minimal articulation to long elevations of
Buildings 1 and 2. Revised elevations include punctuations in the elevations for access and
communal gathering spaces which is although subtle is generally supported. These are mostly
positioned at the end of short axes, however they do not align with external connection points (as
shown on Page 1 of Architectural Vision Package) limiting the legibility and the strength of
potential sight lines.
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Building 4 (office building) – setback and building height
Setback
The applicant has provided a minimum setback of between 1.75m to 4.49m to building 4 (office
building) adjacent to Hofmann Drive. Building 4 is proposed as a gateway building with the
applicant suggesting this setback is provided to activate this portion of Hofmann Drive. Specific
Outcomes O95 and O105 of the Noosaville Locality Code seek that development is internally
focused and is not reliant on the major road network for exposure and provides vibrant and active
frontages with entry nodes strengthened by providing landmark treatments, which could support
the applicant’s setback. However, it is considered that while the proposal has frontage to the
internal loop road, the setback proposed is insufficient particularly given the re-profiling proposed
and the change in grade required for stormwater purposes at this location resulting in the
developments limited ability to interact with the streetscape.
Building height
The relevant Specific Outcome is:
O8 Buildings and other structures—
a) are low rise and have a visual bulk and an architectural scale consistent with structures on
adjoining or nearby land;
b) do not exceed a building height of —
i. for the Attached Housing Zone 2 storeys unless located on property with frontage to the
following streets: - Russell St, William St and Howard St, or Weyba Rd, James St and
Albert St north of their intersections with Elizabeth St (as well as properties fronting Gympie
Terrace or Noosa Parade between Weyba Road and Russell Street), where they are not to
exceed a maximum building height of 3 storeys;
ii. for the Visitor Mixed Use Zone– 3 storeys, although present only 1-2 storey façades to
Gympie Terrace;
iii. for the Shire Business Centre Zone– 2 storeys, except in Precinct E1 and E2 where 3
storeys and Precinct REC/MU where 1 storey; or
iv. for all other zones— 2 storeys;
c) do not visually dominate the street or surrounding spaces;
d) preserve the amenity of surrounding land;
e) ensure that development responds to the site topography; and
f) are well articulated with strong horizontal and vertical design elements to provide an
interesting streetscape and to complement landform changes and landscapes.
The Noosa Plan seeks a maximum building height of 2 storeys and 8m for precinct B3. As
indicated in Table 4 above the development complies with building height except for building 4,
the office building, which seeks 12m and 3 storeys. Council’s consultant architect suggests this
building has some good design elements and better designed than most of the balance of the
development.
However, Council’s consultant architect also advises:
The idea to use Building 4 (and building 2 to a lesser extent) as points of relief has some merit,
but these buildings are not located to shape sight-lines and instead disrupt visual cues for
pedestrians.
The design approach to Building 4 is an exception to the rest of the development. This building
has been reworked to include vertical fins (with a timber appearance) to provide some visual
interest as a landmark on the site, with reasonable amenity for users and pedestrians.
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Greater architectural design has been invested in stand-alone buildings 2 and 4. Sun shading
has been better addressed on these buildings and while there is some detail on an external
balcony/breakout space in Building 4 other activation elements (street-facing balconies, entry
doors, windows, breakout spaces, outdoor dining, etc) are not clear.
The location of building 4 is a prominent site and its design does not demonstrate compliance
with the Specific Outcomes for building height sought by the Planning Scheme.
Visual Amenity
The relevant Specific Outcomes of the Noosaville Locality Code:
Specific Outcome - Visual amenity
O3 The visual amenity and character surrounding the major road network is protected and
enhances the recognisable entrance to Noosaville through—
a) retaining and enhancing the visual and physical separation of Noosaville from other
localities; and
b) ensuring development does not encroach upon existing native vegetation along the road
frontage other than for accessways.
The applicant has not demonstrated that building 3 will be suitably screened from Eenie Creek
Road. This is a large building with a long façade of approximately 130m facing Eenie Creek
Road. There is some existing vegetation along the Commerce Court road reserve that would
screen the building from Eenie Creek Road. However, a substantial service access is proposed
at the Commerce Court cul de sac which would remove screening vegetation.
It is also pertinent that a Covenant along the northern boundary protecting vegetation for
screening purposes, is proposed to be re-profiled (removing existing vegetation) to facilitate
stormwater management, mitigating any benefit the vegetation would initially contribute.
Furthermore, the protected vegetation covenant to the south east along Hofmann Drive is
proposed to be re-profiled resulting in mature trees being removed.
Streetscape and character
The relevant Specific Outcomes are:
O21 Buildings and other structures use materials and finishes that complement the Noosaville
character and integrate with the surrounding natural and built environment.
AND
O105 Buildings and structures are sited and designed to—
a) present a contemporary, subtropical coastal built form and streetscape consistent with the
character of the area,
b) incorporate built elements that define and frame the street and public spaces as well as create
human scale and visual interest;
c) provide vibrant and active frontages and public spaces;
d) strengthen entry nodes to the centre by providing iconic or landmark treatment at key
locations; e) be consistent with the bulk and scale of buildings on adjoining and nearby land;
f) contribute to their setting including the skyline;
g) present subtle changes in colours, textures and materials to break up the building façades;
h) integrate signage with the building design;
i) integrate landscaping into the building design and car parking areas;
j) provide areas for outdoor dining, shaded seating and meeting opportunities on the ground
level to foster casual, social and business interactions; and
k) provide a continuous pedestrian friendly façade including all weather protection for
pedestrians
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Council’s consultant architect advises ‘The building elevations are reasonably bland and
inactive.’ However, the small building 2 (food and drink outlet) and building 4 (office) go some
way in providing a mix of materials and achieving the design intent of the Noosaville character
but the balance of the proposal is a standard large retail format commercial/retail based design.
In particular building 1’s design is generally not conducive for low impact industrial uses.
The applicant indicates 8 tenancies within building 1 for low impact industry. However, only
tenancy 3 has a built form considered suitable for an industrial use (roller doors, truck access,
vehicle access etc.). The other tenancies have a walkway to the front of the tenancy, lift up
service windows and pedestrian access to the rear; not conducive for bone-fide industrial uses.
Refer Figure 12 below.
Figure 12 – Building 1; T3 the most likely built form for an industrial use.
The design proposes shade/planting arbours between carparking and the buildings. The
infrequency of gardens and sparseness does not provide sufficient cover or visual amenity.
These are a poor substitute for mature trees or other approach which might integrate vegetation
and shading. The proposal provides some shaded walkways but proposes a hard transition
between buildings and car parking with limited gardens and plantings.
While the layout provides for some landscaped public meeting places, generally the
development’s pedestrian connectivity is of standard design with no well-designed landscaped
pedestrian connectivity throughout the site.
Council’s consultant architect states:
… the resultant character of the development is consistent with a usual approach of retail uses in
an open car park. It’s fair to say this is consistent with rest of Noosa Civic and a planning strategy
that attempts to hide buildings behind an external buffer. However, the proposal does not reflect
an exemplary or finely tuned local design approach.
Although the scale of the parking is consistent with the adjacent Noosa Civic development, the
design does not create an attractive or landscaped internal space as intended by the Planning
Scheme. The development is dominated by car-parking and is deficient in vegetation/shade trees
throughout the parking area.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of
the assessment against the codes are discussed below:
Landscaping / Biodiversity
Landscaping
The proposal meets the overall quantity of landscaped open space required which is mostly due
to the perimeter vegetation being protected by covenants. However, landscaping internal to the
development is not sufficient in the carparking area nor has the applicant demonstrated that
existing vegetation will sufficiently screen the development from Eenie Creek Road. The
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development’s landscaping, albeit sufficient in quantity, does not meet the intent of the
Landscaping Code which seeks to offer shading in car parking areas, screen buildings and to use
gardens to define public spaces and pedestrian walkways.
Biodiversity
The existing vegetation comprises mostly regrowth community with isolated emergent canopy
trees. Edge effects, fragmentation and surrounding land-uses have compromised the ecological
values. However, native vegetation, including groundcovers, mid-storey and canopy trees exist.
The applicant’s ecology report suggests that no koalas (or koala evidence) were identified during
the recent site inspections. By definition, “koala habitat trees” do occur within the subject land.
For the most part these could be retained within the covenant areas. However, some trees (koala
feed trees) would be removed as part of the balance development area. Retained vegetation
within the covenant areas will allow for koala refuge (as would other open space areas
associated with the Noosa Civic centre) in the event that koalas traverse the area.
A wallum froglet was recorded in a drain to the south of the Noosa Civic centre some years ago.
Within 2km of the subject land there are single records for the wallum rocket frog and wallum
sedge frog and two records for wallum froglet. Further, Litoria fallax was recorded in the area
during those surveys which is an indicator that the habitat is not particularly suitable for Wallum
frogs. The covenant area AB has potential habitat for the Wallum Froglet. The applicant’s
consultant recommends best practice stormwater and erosion measures to be implemented to
ensure no adverse impacts on the habitat and water quality of the covenant area.
Due to the linear arrangement and fragmented nature of the vegetation, the habitat values are
relatively limited save for the provision of a vegetated drainage channel to provide stormwater
carriage through the site and its associated habitat values. Given the above, the removal of this
vegetation is considered acceptable.
Car parking
The development proposes the following car parking provision plus 3 motor cycle spaces. The
applicants Table 2 below indicates the car parking for the development.
The applicant has provided a traffic engineering report to support the proposed car parking
provisions.
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The following Table 5 sets out Council’s traffic consultant rates for the car parking of the
applicants definitions.
Table 5 – car parking analysis
Use Area m² Councils Traffic consultant rate Car carpark number
Showroom (large format 7,845 1 per 30m² 262
retail)
Office / indoor sport and 3,320 1 per 20m² 166
recreation
Low impact Industry 900 1 per 30m² 30
Food and drink 216 1 per 20m² 11
Total car parking required by Councils traffic consultant 469 spaces
Applicant proposes 347
Deficient 108
In relation to the car parking demand, Councils’ traffic consultant raises significant concerns with
the 1 space per 50m² rate proposed for showrooms. The tailor made definition of showroom
allows for large format retail (large shops) which attracts a higher rate of at least 1 space per
30m². Council’s traffic consultant advises that the 1 space per 50m² is adequate for traditional
bulky good showrooms but significantly inadequate for large format retail such as that proposed.
It is acknowledged that offices and low impact industry uses may not generate parking peaks at
the same time as showrooms (which typically occur on Saturday) but medical and indoor sport
uses and food and drink parking peaks can occur on Saturday. Therefore, while there may be
some justification for the provision of less than 469 spaces as identified above, Council’s traffic
consultant advises that 347 parking spaces is significantly insufficient to support the potential
uses.
The applicant’s traffic report is fundamentally flawed as an incorrect traffic generation rate is used
for the bulk of the development (showrooms). Council’s traffic consultant advises ‘The traffic
generation rates used in the traffic report for showrooms would be applicable for showroom uses
that fit the current Noosa Showroom definition, but would be low for tenancy types that could be
located at the subject site under the proposed altered showroom definition, which does not
require that the goods be bulky (such that large format retail would be permitted).’
Stormwater Management
Flooding and drainage
The site is subject to local overland flowpath flooding from external catchments located to the
north and west of the site. These catchments are currently conveyed through the site as overland
flow in a south-easterly direction and ultimately discharge under Hofmann Drive to an existing
conservation area. The proposal seeks to realign this open swale to follow the north and east
boundaries, eventually discharging under the main access near building 4 (office building). In this
prominent location near building 4, the swale levels are not clear but it appears the swale would
be deep and narrow, more akin to an urban drain requiring balustrading and not complying with
the relevant provisions of The Noosa Plan.
Stormwater Quality
The application proposes bioretention integrated within the carpark landscaping with rainwater
harvesting and reuse. The applicant proposes to use the water quality bioretention system
‘stratavault’ which incorporates underground stratavault modules. Council’s consultant hydrology
engineer advises this system ‘may compromise the landscape outcome of the carpark and is
inconsistent with the landscape sections currently provided’ and also suggests ‘ There are better
conceptual design options for landscaping and stormwater quality …that would be lower cost and
deliver better landscape outcomes’.
Overall, the stormwater modelling and flooding analysis generally appear acceptable. However, a
number of concerns relating to how the modelled solutions will integrate with the development
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site and a lack of consistency between the models and the application documentation raise
concerns.
Given that insufficient detail has been provided to determine how the modelled strategies will fit
on site and no resolution of the inconsistencies, there is a risk that the strategies will not be able
to be successfully delivered within the current development layout.
3.4. Local Economic Plan
The Local Economic Plan (LEP) indicates a ‘focus of actions’ which provides an overview of the
intent of the LEP which is provided below.
Focus of Actions
replace population growth with growth in industry sectors that have high economic value,
particularly those that have a low environmental impact and export products and/or
services outside of the Noosa Shire
diversify the structure of the local economy and grow smart, high value industry sectors
particularly those that export products and/or services outside of the Noosa Shire to limit
exposure to sudden and/or unexpected negative changes in key industries
encourage business growth in sectors that provide a wider range of employment options
and pay scales
utilise the strong Noosa brand to grow nominated priority industry sectors
leverage local expertise to support the diversification of the local economy
explore collaborative industry-driven models to deliver local economic development
explore new models to fund local economic development
Establish and/or strengthen existing alliances with stakeholder organisations and
institutions, and governments to leverage resources and share information and
connections.
In regard to retail the LEP states:
‘The construction, tourism and retail sectors have been, and will continue to be, key contributors
to Noosa Shire’s gross regional product and thus provide a significant number of jobs. It is the
intention of this Plan to recognise the contribution of these established industries and at the same
time focus on broadening Noosa Shire’s economic structure.’
Similar to and supporting The Noosa Plan’s Strategic Outcomes, the LEP sets out priority sectors
which are:
Item 6 - Priority Sectors:
• Health and wellness
• Digital economy
• Rural enterprise
• Environmental industries
• Education and training
• Tourism
• Creative industries
• Professional services
The proposal includes a range of uses which offer economic benefits across a number of
employment sectors and broadly align with the ‘Focus of Actions’. However, the proposed large-
scale retail also fundamentally conflicts with the LEP as it is not advancing the priority sectors
identified under Item 6 to diversify and broaden the economy.
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4. DRAFT PLANNING SCHEME
The subject sites are located in the Noosa Business Centre, zoned Major Centre and included in
the Showroom Precinct and Business Park Precinct as shown in Figure 13 below.
Figure 13 - Subject site zoning and precincts
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Table 6 indicates consistent uses in each of the Precincts:
Table 6 – Consistent uses in the subject precincts.
Precinct Consistent Uses
Business Park Precinct Food and Drink associated with a consistent
use
Office
Community Care Centre (social support
centre)
Community Use (hall, library, museum)
Educational Establishment
Emergency Services
Healthcare service
Research & technology
Showroom Precinct Garden centre
Hardware and Trade supplies
Showroom - maximum of 3,500m² (floor
areas >400m² but <2,000m²)
Veterinarian
Indoor Sport and Recreation
Even though the bulk of the showroom tenancies are proposed within the drafted Showroom
Precinct, the applicant’s definition of showroom (large shops) is inconsistent. The strategic intent
acknowledges the hierarchy of regional centres and that higher order needs such as large format
shops/retail are located outside the Shire.
The draft Noosa Plan allows some additional retail when compared to the current Noosa Plan as
set out in the following Table 7:
Table 7 – Additional retail when compared to The Noosa Plan
Precinct Quantity permitted by the draft Planning Scheme
5C - Retail precinct (existing Noosa Civic 600m²
development site)
5D - Village Mixed Use Precinct 7,500m²
5B - Showroom (traditional bulky goods) 4,000m² 3500m² - subject site
500m² - Emporium site
Total Retail 12,100m²
Precinct’s 5C and 5D are not located within the subject site.
Strategic Framework
The following are relevant provisions of the Strategic Framework.
Strategic Intent
Intent 3.2.6 – A diverse and resilient economy
…However, encouraging and developing new priority sectors is required to develop an economy
less reliant on tourism and population driven industries. The priority sectors are identified as:
Health and wellness (including, but not limited to, aged care facilities and services)
Digital economy
Rural enterprise
Environmental industries
Education and training
Tourism
Professional services
Creative industries
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‘Keeping up with the rapidly changing nature of business is a challenge. Businesses are
increasingly looking for flexible workspaces of different scales and types which provide for
multiple uses; co-shared spaces with opportunities to meet and share ideas; and provide well
connected fast communication and digital services. In order to meet these changing needs and
enable the diversification, business development and growth of priority sectors, suitably located,
zoned and serviced land is allocated. A mixture of approaches is applied to ensure developments
can be easily adapted to suit both the current and future needs of business and industry. This
includes providing for shared cooperative spaces, digital hubs and mixed-use precincts that
support small and growing enterprises.’
Centres hierarchy
‘This hierarchy represents all the retail-based centres that occur (and will occur) in Noosa Shire.
Each activity centre has a retail core function including supermarkets and other retail uses and is
supported by commercial and community uses. The centres hierarchy also takes into
consideration Noosa Shire's role in a more regional context. It recognises that a proportion of the
Shire's higher order needs is fulfilled by activity centres in other areas, particularly the principal
regional activity centre of Maroochydore and to a minor extent Gympie’s major regional activity
centre.
‘The Noosa Business Centre offers the greatest opportunity to accommodate most of the long
term growth and development for key priority sectors including knowledge-based industries such
as education and training, health, digital economy, technology innovation, and research and
development. This will be delivered through a number of planning precincts to reflect the desired
function and role of the centre. Future retail development is provided for in a village mixed use
precinct designed around a vibrant open main street linked to an open air village green space
and connecting with the existing shopping centre. Future commercial and employment uses are
to be located in a business park precinct, small scale business precinct and the nearby
innovation zoned land’.
Strategic Outcomes
Strategic Outcome 3.3.5 (r)
(r) Noosa is also serviced by the Maroochydore Regional Activity Centre, located outside
the Noosa Shire. The Maroochydore Centre provides for higher level retail, business and
community services for the broader region. It is expected that higher order retailing and
facilities that service the Noosa community will continue to be located outside Noosa Shire.
The hierarchy for centres in Noosa Shire is shown below.
Strategic Outcome 3.3.5 (s) (i) (B)
(B) Noosa Business Centre – is one of the highest order centres in the Noosa Shire and is
designated as a major centre in the South East Queensland Regional Plan. Its role and
function are to provide for a mixed-use Shire-wide Business Centre, focusing on
employment growth and economic diversification. Innovation and knowledge-based
industries, health, research and education are present as well as higher order sub-regional
retail. There is a very limited increase in retail flood space, recognising the role of the
regional activity centre at Maroochydore in providing high order retail needs.
The strategic intent clearly recognises a portion of the higher order needs are serviced by out of
Shire centres such as Maroochydore. The draft Planning Scheme proposes to include an
additional retail floor area of 3,500m² for showroom uses proposed for the subject site. The
proposal seeks more than double this provision, however, given the applicants definition of
showroom, the whole of the proposed 7,845m², could result in large format retail shops.
It is also clear the Strategic Outcomes seek that the priority sectors are a key focus for the Noosa
Business Centre and that retail is clustered in the Mixed Use precinct.
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The proposal may deliver a small portion of the outcomes sought in terms of the commercial
uses proposed but given the scale of large retail shops proposed, the proposal significantly
conflicts with the draft Planning Scheme.
5. ECONOMIC IMPACT ASSESSMENT
The applicant provided an extensive Economic Impact Assessment as part of the application
material and an Economic Impact Assessment addendum (addendum) in response to Council’s
information request. Council engaged an Economic consultant to peer review both documents.
The applicant’s economic assessment prepared by Location IQ (LIQ) originally suggested an
undersupply of large format retail (in a range of low, medium, high) ranging from 45,585m² to
76,653m² by 2031. The addendum reduces this undersupply to 37,959m² by 2031; a significant
difference.
Council’s economic consultant advises:
‘LIQ calculates that the proposed 8,780m² of large format retail space will meet about 32%
of this implied undersupply (Table 1). The specific retention rate applied to an area is a
matter of professional judgement. While analysts might disagree on such rates, the fact
that LIQ has adjusted its original (and in our opinion, overly optimistic) estimates satisfies
our concerns over the methodology used as it now adjusts for uneven demand and for
boundary effects of overlapping trade areas.
However, it does not necessarily establish a strong need for the scale of development
proposed, but it does establish a reasonable case that some need can be met by the
proposed development.’
Notably, the draft Noosa Plan allows an additional 4,000m² of traditional showrooms and a
further 8,100m² of general retail, bringing the total of additional new retail under the draft Noosa
Plan to 12,100m² distributed throughout the Noosa Business Centre. The proposal goes beyond
that which the draft Noosa Plan contemplates for the site.
The applicant suggests that generally the proposal would not affect the viability or continued
operation of existing large format retail stores in the Noosa Shire and indicates:
‘Given the current mix of tenants within the total trade area, there is an opportunity for
many key large format retail and non-retail showroom tenants which are not yet
represented within the total trade area (or primary sector) to locate at the subject site and
service local residents. Tenants which are not currently represented within the main trade
area would be targeted and as such, sales generated by these tenants would largely result
from retained spending within the main trade area (i.e. a re-direction of sales from beyond
the region).’
In regard to the impact on surrounding businesses Council’s economic consultant advises:
‘The loading of the single largest impact component ($10.2m) onto the industrial area
seems contrived, with the effect of potentially understating the percentage impacts upon
other Noosaville large format retail areas. LIQ says that the impacts in the Industrial
Precinct will be spread across a range of large format retail and non-retail showroom
operators, with no one particular facility impacted more significantly than another...
Given that LIQ makes no assumptions as to the nature of the proposed development’s two
large anchor tenants or the mix of other LFR traders envisaged, it is difficult to give much
weight to this claim. The level and direction of impact will very much depend upon the mix
of large format retail uses in the proposed development.’
Council’s economic consultant is satisfied with the methodology used by the applicant for
estimating the proposed market share and resulting turnovers derived from the trade area,
together with the allowance for external trade. However, given that no tenants have been
nominated, it is difficult to substantiate the impact of the proposal on the surrounding businesses.
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
6. CONSULTATION
6.1. Referral Agencies
The application was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for Infrastructure – state transport infrastructure.
The Department has responded advising that the application has been assessed against State
code 6: Protection of state transport networks of the State Development Assessment Provisions,
version 2.4, and determined that with conditions the development achieves compliance with the
performance outcomes of the State code. A condition has been provided to include a dedicated
taxi rank to support passenger services.
6.2. Other Referrals
The application was forwarded to the following internal Council officers:
Principal Strategic Planner
Infrastructure Design and Delivery Officer
Environmental Health Officer
Waste Officer
Engineering Officer
Ecologist
The application was also forwarded to the following external consultants:
Phil Smith Architect – Architectural and Design Consultant
Holland Traffic Consulting – Traffic and Parking Consultant
Foresight Partners Pty Ltd – Economic Consultant
Switchback 48 Consulting – Hydrology Consultant
6.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. Four properly made submissions were received, 3 objecting to the development and 1 in
support. The following table provides a summary and assessment of the issues raised by
submitters.
Matters Raised Comments
Objections
The flexibility of uses requested creates Agree
ambiguity as no specific use or floor space As part of a minor change to the application, the
area was indicated, except for some minor applicant provided specific uses for most of the
tenancies. tenancies which reduced the ambiguity. However, the
showroom as defined by the applicant, (being the bulk
of the development) still allows for a broad range of
uses including showrooms, large format retail and
large shops.
The shop is inconsistent in both precincts on Agree
the subject site. The applicant removed the shop use as part of the
change to the application in the Decision Period.
The submitter agrees that there is substantial Disagree
demand for showrooms. However, the floor Council’s economic consultant disagrees with the
space proposed should be accompanied by quantum of undersupply of large format retail floor
provision for additional floor space in the space in Noosa and the development significantly
existing ‘Emporium’ to allow it to grow. exceeds the retail floor area envisaged for the site
Should council be of the view that there is under The Noosa Plan.
additional demand for showrooms of It is not the scope of this application to allocate floor
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Matters Raised Comments
12,000m² (as proposed) then it is should be area to other sites.
apportioned between the sites to allow the
logical expansion of the ‘Emporium’ precinct
of 4000m², as well as the 8,000m² within the
proposed development.
The application is non-compliant and out of Agree in part
kilter with the use deemed most appropriate The greater portion of the development is inconsistent
for the most benefit of the community. but there are elements that advance the intent of the
relevant codes in The Noosa Plan such as the
Offices, Medical and Low impact industrial uses.
Disregard for height restrictions. Agree in part
The majority of the development is well within the
height permitted by The Noosa Plan, apart from
Building 4.
Large scale of development creates more Agree
traffic congestion. The applicant has provided a traffic impact
assessment but Council raises concerns with the
inputs of the assessment. There are outstanding
concerns in this regard.
The proposal is nothing more than a retail Agree
shopping precinct, medical hub and ‘high rise’ However, the applicant identifies uses other than
featuring brightly coloured retail outlets. retail. The Office and medical uses are consistent and
create good employment opportunities. The tenancies
allocated for the low impact industries raises concern
as the architectural design is not conducive for that
use.
Building 1 backs directly onto a concrete The industrial uses adjoining the site should be
batching plant. The batching plant raises protected. It should also be noted that uses are
reverse amenity concerns and suggest the responsible for containing contaminants within the
development would make it more difficult to boundaries of their site.
meet relevant approvals in terms of noise, Building 1 is opposite the subject industrial use and is
odour and particulates. No air quality or noise nominated mostly for low impact industry, with Office,
assessment report is provided. Health care service, Indoor sport and recreation
Corridors between buildings will look directly nominated for 2 southern tenancies. The building is
into the existing batching plant. A range of likely to be tilt panel construction which mitigates
conditions for any approval are requested by many concerns, however, any approval could be
the submitter which are provided below: conditioned so that the building is modified in
direct line of sight view corridors are accordance with a noise and air assessments report
removed from the design and boundary recommendations. It is noted the development is not
fence treatments are conditioned to be proposing any highly sensitive land uses such as
extensive (i.e. to minimum height of 6 residential or caretaker’s dwellings.
metres) The breaks in the buildings are sought by The Noosa
Plan to break up elevations. Strategic view line
air and noise reverse amenity conditions landscape planting could be conditioned as part of
are embedded within the approval such
any approval to screen the industrial use.
that these matters must be considered in
The covenants are an unreasonable request.
the final building design. Conditions are
best expressed as absolute limits at the
sensitive receptor. The absolute limits
should be higher than those prescribed
under legislation and guidelines for air and
noise such that the developer is aware of
the industrial estate, acknowledges a
reduced level of amenity and designs
according
covenants are required to be placed on
Title acknowledging the order of
occupancy & limiting the ability of tenants
to make complaints on nuisance grounds.
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GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020
Matters Raised Comments
Support
The development is showing a very good mix Agree in part
of businesses. The development will create employment
A central hub for Noosa. opportunities and may reduce some escape
It will reduce escape spending to expenditure.
Maroochydore.
A new and existing place to go and mix.
Is good for competition and create
employment opportunities.
7. CONCLUSION & REASONS FOR DECISION
The proposal seeks a range of uses totalling approximately 12,261m² in use area which includes
7,845m² of Showrooms, 1,340m² of Offices, 216m² of Food and Drink, 680m² of Indoor Sport and
Recreation, 900m² of low impact industries and 1,280m² flexible use across 2 tenancies.
The proposal seeks some uses that are consistent on the subject site and may advance the
strategic outcomes of The Noosa Plan. However, the bulk of the development is for large format
retail which is inconsistent within the subject site and does not meet the intent of The Noosa Plan
which seeks to limit retail uses in the Noosa Business Centre and achieve a mixed use business
centre.
While some need can be demonstrated for additional retail, there is no other Major centres
proposed in the Noosa shire and it is imperative that land is protected for the future to ensure
availability to diversify the economy rather than relying on retail and tourism sectors.
The proposed built form and layout is that of a standard retail based shopping centre and has
limited good pedestrian access throughout the site. Building 1 is proposed generally for Low
impact industrial uses which is a consistent use on site but the built form is not conducive to that
use. Building 3 (showroom building) results in a long building facade facing Commerce Court and
Eenie Creek Road which the applicant has not demonstrated would be suitably screened by
vegetation.
Building 4 (Office building) is a prominent location where a building of exemplary design is
required to meet the Planning Scheme provisions. While building 4 is of a reasonable design
standard, it does not meet the provisions of the Planning Scheme. The setback of this building
also does not meet the relevant outcomes of the Planning Scheme as the swale for stormwater
purposes proposed along this frontage is more akin to an urban drain and is not supported.
Given the above, the proposal is recommended for refusal.
Departments/Sections Consulted:
Chief Executive Officer X Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
X Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development X Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance X Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning
X
Design and Delivery
X
Page 93 of 172
Section 94
GENERAL COMMITTEE MEETING AGENDA 13 JANUARY 2020 Attachment 1
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