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Response to Information Request · MCU13/0251

Attached to the e-mail MCU13/0251 - Peregian Village Market report from Adamson Town Planning.

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                                                                             Court Appeals & Dispute Resolution
                                                                             Applications & Assessment
                                                                             Due Diligence & Compliance
                                                                             Project Management
                                                                             General Development Advice




27 March 2014
Our Ref: 13006
Council Ref: MCU13/0251



Chief Executive Officer
Noosa Council
PO Box 141
Tewantin QLD 4565
By email: [email protected]

Attention: Jack Lewis

Dear Jack

DEVELOPMENT APPLICATION FOR A DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE - RETAIL BUSINESS TYPE 2 - SHOP, ENTERTAINMENT & DINING
BUSINESS - TYPE 1 FOOD & BEVERAGES, COMMERCIAL TYPE 1 OFFICE AT 215
DAVID LOW WAY, PEREGIAN BEACH, DESCRIBED AS LOT 77 ON SP 231615

Reference is made to the Information Request issued on 31 January 2014, for the
abovementioned development application. Please find below a response to each of the issues
raised.

Overall Development Footprint

1. Please provide a preliminary layout of the modified form for stages 2 and 3 of the existing
   approval for visitor accommodation on the balance of the site, including low cost
   accommodation types and how the development will integrate with the accommodation
   uses.

Attached is a letter from Michael Leong, Corrs Chambers Westgarth (refer Attachment 1),
which confirms that the application is for a development entirely independent of the existing
approval in terms of its nature and function. Further, that the application must be assessed
on its own merit and in accordance with the assessment rules under the Sustainable Planning
Act 2009 (SPA).

To clarify, the current application is over the land comprising the first stage of the existing
approval. Therefore, it will be necessary to amend the existing approval to enable both
developments to occur. A permissible change will need to be made to the existing approval
before the future stages of the ultimate development could be constructed. Once approval of
the proposal is obtained, an application will be made for a permissible change to the current
approval to allow for the above.




                     Adamson Town Planning Pty Ltd ATF
                                (ACN: 163 798 374 | ABN: 72 472 058 207)
      P (07) 5430 6671 F (07) 5430 6677 M 0437 754 420 Mail: PO Box 78, Peregian Beach QLD 4573
          Email: [email protected] Web: www.adamsontownplanning.com.au
Full text of the other 8 pages

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Traffic

2. Please amend the Traffic Impact Assessment, so the traffic analyses are based on current
   traffic counts and data, including data in respect of traffic operating speeds and headways.

3. Provide a preliminary geometric design (horizontal and vertical geometry), consistent with
   Council’s reasonable design requirements (David Low Way is a Council controlled road not
   a state controlled road) for the site access works, taking particular account of pedestrian
   crossing and bus stop facilities. It is recommended that discussions occur with Council
   officers prior to finalisation of any such planning. It should be noted that particular
   difficulty is seen with the two-stage right turn proposal because of visibility issues for right
   turning drivers sheltering in the median in the range 110 to 160 degrees (behind them to
   the left).

Attached is a further report by Holland Traffic Consulting (refer Attachment 2 and 2A) that
provides a revised traffic management plan for the intersection at David Low Way and the
Unnamed Road. The traffic experts have agreed to the proposed design (refer Attachment
2A) and to the improvements to the bus stop, that will allow for the safe operation of the
proposed development.

The changes to the intersection include the following:

          median works to allow for a right turn entry into the Unnamed Road; and
          median works to allow for a left turn exit only from the Unnamed Road.

The report states that …prohibition of the right turn exit from the Unnamed Road to the south
along David Low Way will overcome any capacity concerns at the intersection. 1 Vehicles
leaving the site will turn left into David Low Way and use the roundabout a short distance to
the north. The traffic expert has considered the capacity of the Heron Street roundabout and
confirms that the operational capacity with the proposed development is well below the
capacity of the roundabout during peak periods2.

The bus stop and cycleway requirements have also been incorporated into the design, which
significantly improve the current situation. These improvements are discussed further below.

Bus Stop

4. Provide plans that accurately show all land dedications required to accommodate:

           a) the geometric positioning of an Intermediate (Indented) Bus Bay to the David Low
              Way frontage of the site, generally in accordance with TransLink Transit Authority
              - Public Transport Infrastructure Manual, Drawing TL-I02.

           b) A 2.5m wide off-road shared use pathway for pedestrian and cycle use to the David
              Low Way and Grebe Street frontages, with a minimum of 0.5m clearance from
              obstructions / hazards such as power poles, light poles, bus shelter, fencing, and
              trees. Please note that the 2.5m wide pathway must run behind the proposed bus
              shelter mentioned above, with a narrower 2.0m wide pathway connection to the


1
    Holland Traffic Engineering, dated 24 March 2014, page 1
2
    Holland Traffic Engineering, dated 24 March 2014, page 3



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           bus stop shelter at both the northern and southern ends of the shelter. Council
           will provide advice on the design if required.

       c) A road corridor (west of the existing traffic median) that comprises the following
          to the frontage of the site:
                 1 x 3.25m (min) wide north bound traffic lane.
                 1 x 2.0m (min) wide north bound cycle lane, with painted green treatment.
                 1 x 3.0m (min) wide north bound Intermediate (Indented) Bus Bay, in
                  accordance with Translink requirements as outlined above.
                 1 x 5.0m wide road verge with all existing services within the existing road
                  verge (including overhead and underground services), relocated into the
                  new road verge on the correct alignment as required by the utility owners.
                  Please note that further widening of the road verge may be necessary in
                  the vicinity of the proposed Bus Shelter to accommodate the 2.5m wide
                  through pathway to the rear of the bus shelter as mentioned above.

The traffic experts have reached an agreed position with respect to improving the function of
the bus stop fronting the proposed development, which have been incorporated into the
intersection design (refer Attachment 2A). The proposed design provides for the following:

   •   relocated bus shelter to be provided within the subject land and integrated into the
       activated streetscape design at the David Low Way frontage, as shown on the proposal
       plans (refer Attachment 3);
   •   provision of a 2.5m wide footpath from the abutting property boundary;
   •   provision of a 3.0m wide bus way;
   •   provision of a 1.5m wide cycleway adjoining the bus way and traffic lane; and
   •   provision of a 3.25m wide traffic lane.

The proposed changes are considered to be satisfactory and significantly improve the current
bus stop arrangements at the frontage, which will be of benefit to the Peregian Beach
community as a whole.

Internal Road

5. Provide a plan indicating the proposed access driveway that extends along the western
   side of the proposed building and services the remainder of the site. Indicate on the plan
   the swept paths of the type of vehicle expected to utilise the driveway including passing
   at the bend adjacent to the south western corner of Stage 1.

6. Provide comment from a traffic engineer in regard to the potential for conflict between
   the traffic from the remainder of the site and the delivery/service vehicles reversing into
   the loading areas. The comment must include an indication of the expected number of
   heavy vehicle movements and reference to the sight lines around the bend to the
   oncoming traffic.

7. Provide comment from a traffic engineer in regard to the need for a barrier or other
   delineation between the staff parking/service aisle and the adjacent public carparking
   area.

Please refer to the further report by Holland Traffic Consulting (refer Attachment 2), which
addresses the above issues.




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Carparking Numbers

8. Please provide for the minimum carparking requirements of The Noosa Plan’s Driveways
   and Carparking Code.

The proposed development does not provide the number of car parking spaces technically
required by the planning scheme. However, planning schemes by their nature provide
carparking rates for individual uses and not for integrated developments.

Consequently, the advice from a traffic expert was obtained and an appropriate car parking
rate adopted, that being 5.25 spaces per 100m² of floor area. The further justification for the
adopted car parking rate is provided on page 7 of the Traffic Report by Holland Traffic
Consulting, dated 13 December 2013.

The provision of car parking for the development has been discussed by the traffic experts
who have agreed that the rate provided above is appropriate. The required number of carparks
have been provided for the proposed development in accordance with that rate.

Character and Function of David Low Way

9. Provide additional visual perspectives looking towards the development from the south of
   the David Low Way and service Road intersection, including additional landscaping to
   match with the vegetated character of the Peregian Beach Village.

An additional visual perspective of the development looking from the south is provided as
Attachment 3. The perspective shows additional landscaping to the David Low Way frontage
of the development, in particular at the intersection with the Unnamed Road. An elevated
garden bed is to be provided near the intersection and partly across the frontage of the
Unnamed Road, which will significantly improve the streetscape.

10. Please reduce the scale and bulk, as well as increasing the setback distance of the parapet
    walls fronting David Low Way to be consistent with the existing pattern of buildings and
    landscape elements.

The bulk and scale and building setback of the parapet walls to the David Low Way frontage
have been amended as requested (refer Attachment 3). The changes made to the building
design include the following:

   •   A reduction in the height of the various sections of the parapet as follows:
           o the northern end reduced in height from RL15.5 to RL15.0, a reduction of
               500mm;
           o the central part reduced in height from RL14.5 to RL13.6, a reduction of
               900mm;
           o the southern end reduced in height from RL14.5 to RL13.1, a reduction of
               1.4m;
   •   an increased setback of the parapet to the David Low Way frontage by 500mm; and
   •   a corresponding 500mm increase in the setback of the awning from David Low Way.

The revised architectural design has the effect of reducing the bulk and scale of the parapet
near the David Low Way frontage. This combined with the increased building setback provides
for a design that is in keeping with the existing and desired character of the Peregian Beach
locality.



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11. Please clarify whether the transformer is located at carpark level or street level.

The transformer is located within the property at the carpark level and behind the proposed
retaining wall. Significant landscaping is proposed to screen the transformer from the south.

Disabled Bus & Pram Access

12. Consider the needs of disabled persons and pedestrians with prams entering and leaving
    the site at the David Low Way entrance.

Disabled access has been considered in the design, in particular with respect to access from
the Unnamed Road into the development. A pedestrian crossing is provided near the footpath
area of the Unnamed Road that allows for access across the entry to the carpark. However, it
is acknowledged that the slope of the Unnamed Road may not meet disabled access grades.

Consequently, advice was sought from an Access Consultant and it is has been decided to
incorporate a lift into the design with at grade access obtained at the David Low Way frontage
(refer Attachment 3). The lift will provide access for disabled persons and for pedestrians
with prams to the ground level from within the Atrium.

Landscaping

13. Please amend the preliminary landscape plan to address all matters identified in Specific
    Outcome O19 of The Landscaping Code, including increased landscaping to David Low
    Way (3m wide minimum) and the intersection with the Unnamed Road, as well as on the
    site generally (min 10% of the development site area).

14. Include additional shade trees (min 100L) within the car park area to provide a minimum
    of 1 shade tree per 4 car parking spaces.

15. Please either retain the 3 x Petalostigma trees in the south east corner of the development,
    or provide suitable areas on the site, which allow for the provision of 100L replacement
    native trees to offset every 1 tree removed, which are clear of water treatment devices.

The landscaping has been increased on site to achieve 10% of site area (refer Site Area Plan
- Attachment 3). Importantly, a significant amount of additional planting is to be provided
to the landscaping areas beside David Low Way. This includes the construction of raised
garden bed that will raise the height of the landscaping near the intersection and partly along
the frontage of the Unnamed Road.

Additional shade trees have also been included within the carpark area as requested (refer
Site Area Plan - Attachment 3).

The three (3) Petalostigma trees in the south east corner of the site are required to be
removed to facilitate development of the land. It is not possible to incorporate these trees into
the development. However, it is intended to replace these trees with at least three (3)
significant native trees in the landscaping bed in the southeast corner of the development to
soften the development and maintain a vegetated streetscape.

16. A revised landscape plan will be provided at operational works stage, being generally
   consistent with the Landscaping Plan previously prepared by Anembo Consultants, but



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   also incorporating the above amendments. Please include all recommendations contained
   within the Koala Habitat Management Plan, submitted with the application.

The recommendations of the Koala Habitat Management Plan (KHMP) will be incorporated
where appropriate. To that end, there are no Koala food trees on the subject land. It is not
appropriate to incorporate koala food trees in the landscaping for this development, which
would encourage Koalas within an area that has high traffic movements. All necessary
protection measures will be undertaken should any Koala be on the site during construction,
which is highly unlikely.

The recommendations of the KHMP will be addressed with the ultimate development of the
land.

Specific Design Requirements

17. In accordance with the relevant development codes, please provide the following
    amendments to the design:

       a) As per Specific Outcome O29 of the Business Uses Code, please locate public toilets
          in a high traffic area, so as to take advantage of informal surveillance.
       b) Onsite bicycle parking and end of trip facilities are provided as per the minimum
          requirements set out in Probable Solution S31 of the Business uses Code.
       c) As per Specific Outcome O13 of the Driveways and Carparking Code, please
          provide for a clearly defined internal pedestrian network, which ensures pedestrian
          movement are along aisles rather than across car parking areas.

The proposal plans provide for public toilets in a location expected with scale of development
proposed. The toilets are located beside the access corridor between the proposed
supermarket and the first tenancy. The access corridor is also to provide access from the
proposed residential development on the remainder of the land through the subject site. It is
suggested that the public toilets are well located in terms of providing access for patrons on
and off the site and for informal surveillance.

The revised proposal plans (Attachment 3) show end of trip facilities provided within the
disabled toilet for use by staff. Onsite bicycle parking is provided with a bike rack located in
the access corridor against the supermarket wall. Provision is to be made for eighteen (18)
spaces.

The internal pedestrian access in the proposed carpark has been considered to be addressed
as best as possible, given the nature of the use and constraints of the land, in particular the
width of the site. The traffic expert has advised that pedestrian access within the internal car
park layout is satisfactory.

Staff parking is located near the service area and away from the main parking area. Pedestrian
access is provided a short distance from all car parks to the main pedestrian link near the
access to the Unnamed Road and also to the footpath area to the north of the service access
area near the David Low Way frontage.

Stormwater Management Plan

18. Provide a revised Stormwater Management Plan that:




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       a) Acknowledges the existing stormwater line and easement that traverse through
          the site and indicates how the stormwater drainage is to be addressed.
       b) Indicates a ‘Lawful Point of Discharge’ that is in accordance with QUDM. It is
          expected that an on-site stormwater drainage system similar to that previously
          approved for the site is required
       c) Indicates how drainage from the further stages of the development could be
          incorporated with the drainage for the first stage.

A revised Storm Water Management Plan (sketch) has been prepared by O2 Environment &
Engineering (refer Attachment 4). The discharge point for the treated storm water is to the
west as shown in the sketch and as agreed to by Council.

Water and Sewerage

19. Provide details, including engineering drawings of the sewer servicing strategy, ensuring
    the existing and any proposed sewer infrastructure is a minimum 1.5 metres clear of the
    proposed building works.

A preliminary design of the proposed sewer relocation has been undertaken by Morgan
Consulting Engineers Pty Ltd (refer Attachment 5). A Concept Sewer Reticulation layout is
provided that shows the likely relocation of the sewer main from the Peregian Hotel and also
the location of the main that will service the proposed development.

Connection is intended to be made to the existing sewer main near the northern boundary of
the site. A 1.5m offset for each building structure can be maintained and a 3.0m wide
easement will be provided for access. Please note that the plan provided is conceptual only,
but has been prepared by a RPEQ and demonstrates that satisfactory disposal can be
achieved. A full design of the proposed sewer relocation will be provided at the operational
works stage.

Amenity

20. An acoustic report prepared by a suitably qualified person. The acoustic report is to
    address all potential noise sources from the proposed development and demonstrate that
    –
       a) mechanical equipment such as ventilation, air conditioning, refrigeration, fans,
           plant rooms, refuse compactors and pumps etc, and

       b) vehicle movements from waste collection activities and delivery of goods (including
          refrigerated vehicles, engine noise, fork lifts, compactors etc) to the service yard
          and dock area will not cause an environmental nuisance to the future
          accommodation areas to the west and the existing residential areas to the
          southeast of the proposed development. Noise emissions are to comply with the
          noise requirements under the Environmental Protection Act 1994.

21. The acoustic report should include the location of any plant and associated equipment,
    predicted noise levels and a description of acoustic enclosures and screenings including
    an acoustic screen along the western boundary to mitigate intrusive noise from delivery
    and waste vehicles and associated activities.

The proposal plans show a noise attenuation barrier beside the loading and service area for
the development. At the present time there are no residential buildings constructed on the



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land or in the vicinity of the development and consequently there is no need for a noise report
to be provided. However, it is accepted that this issue will need to be addressed with future
stages of the ultimate development.

As explained above, the subsequent development of the land will require the approval of a
permissible change application to allow for the proposed development and the residential
component. This means that the matter of noise being generated from the proposed
development adversely impacting upon the residential uses to be constructed on the land can
be addressed at that time.

Waste Management

22. Please provide a Waste Management Plan (Operational) in accordance with Planning
    Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial
    Premises”, for the day-to-day operation of the development. The Plan should include the
    following information as a minimum:

       a) The types of waste that will be generated from the activities approved within the
          development.
       b) Estimated volumes or tonnage of both recyclables and waste generated.
       c) Methods to be used for dealing with any green waste.
       d) Initiatives to minimise waste either by waste prevention, reduction, re-use or
          recycling.
       e) Description of procedures for getting all waste to the bins; the storage of bins and
          the collection of bins by the contractor.
       f) A description of the design details of waste storage and recycling areas including
          size, location, elevation, enclosure/s, floor plan and methods of bin washing that
          prevent contamination of storm water and an appropriately sized bin wash area
          drained to sewer.
       g) A description of types and volume of waste storage containers to be used.
       h) The waste and recycling storage area should include the provision of correctly sized
          containers for all waste and recycling materials including putrescible matter, non-
          recycling waste, paper/ cardboard, glass, aluminium/steel cans, waste oil,
          styrofoam boxes, etc, and in washing facilities connected to sewer.
       i) A detailed description of the waste vehicle access to collect waste including vehicle
          turnarounds that allow vehicles to enter and leave the site in a forward direction.
          It should be noted that:
                  Waste vehicles are front loading for steel 1.5 to 3m bins
                  Waste vehicles are rear loading for plastic low noise 1.1m bins
                  Waste vehicles are side loading for 240 litre wheelie bins

23. Clarify the type of bins proposed for the use and their point of servicing. Provide an access
    and swept path analysis for the front loading Refuse Collection Vehicle (RCV/HRV), using
    a computer aided program compliant with AS2890.2, to demonstrate that safe, easy and
    unobstructed on-site servicing of bulk bin containers can occur. Design vehicle
    specifications are outlined in the Noosa Planning Scheme Policy 9 - Waste Management.
    Note that the RCV/HRV must enter and exit the site in a forward motion and the swept
    and access path analysis needs to assume that car parks on site will be occupied at the
    time of servicing. On-site reversing of the RCV/HRV is not preferable where crossing
    pedestrian pathways. Further, the awning proposed in the loading area may impede bulk
    bin servicing with regards to clearance height, it is requested that the point of collection
    for bins be clarified.



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The proposal plans show that the waste management area is to be located beside the loading
and service bay in the service yard. A detailed Waste Management Plan will be provided prior
to the commencement of the use at the operational works stage, if necessary.

A statement has been provided by the traffic expert with the respect to the manoeuvring of a
Refuse Collection Vehicle, to and from the service and loading area (refer Attachment 2).
The traffic expert has advised that given that manoeuvring can be achieved for a 12.5m HRV,
then suitable access is able to be achieved for a Refuse Collection Vehicle, to enter in and
leave in a forward direction.

General

In accordance with section 278 of the Sustainable Planning Act 2009 (SPA), this concludes the
response to the information request made. Consequently, it is requested that the assessment
manager proceed with the assessment of the application.
It should be noted that in accordance with section 293 of the SPA, a response has been
received from the Department of Environment and Heritage Protection (DEHP), about the
subject land being located in a management area for unexploded ordinance (UXO). The DEHP
has provided conditions of approval with respect to this issue.
It would be appreciated if details of the adjoining owners could be provided as soon as possible
so that public notification can commence.
Should you have any questions with respect to the above, please contact me directly.


Yours faithfully




Shane Adamson
DIRECTOR

cc- Scanlon Property Group




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