0119174 MCU1401106 (Noosa Civic) – ERM Submission (Signed LLREIL) 300715

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                                                                                                Environmental
                                                                                                Resources Management
                                                                                                Australia

                                                                                                Level 1
                                                                                                60 Leichhardt Street
                                                                                                Spring Hill QLD 4000

                                                                                                PO Box 1400
30 July 2015                                                                                    Spring Hill QLD 4004

                                                                                                Telephone +61 7 3839 8393
The Chief Executive Officer                                                                     Facsimile +61 7 3839 8381

Noosa Council                                                                                   www.erm.com
PO Box 141
TEWANTIN QLD 4565

Sent via email:                       [email protected]

Our Reference:                       0119174 – Noosa Civic Submission
Council Reference:                   MCU14/0106

Dear Sir/Madam,

RE:           SUBMISSION                     IN         RELATION       TO   APPLICATION   FOR
              DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE
              (‘MCU’) FOR A MAJOR SHOPPING CENTRE EXPANSION AND
              ROAD, AND FOR OPERATIONAL WORK AT 28 EENIE CREEK RD
              NOOSAVILLE, DESCRIBED AS LOT 3 ON SP246584 (NOOSA CIVIC
              SHOPPING CENTRE)
              APPLICATION NUMBER: MCU14/0106
The following submission is made by Environmental Resources Management
Australia Pty Ltd (‘ERM’), on behalf of GPT RE Limited, Lend Lease Real Estate
Investments Limited and Lend Lease Funds Management Ltd, the owners of
Sunshine Plaza Shopping Centre at Maroochydore.
The purpose of this submission is to formally object to the approval of a
Development Application (Council Reference MCU14/0106) which seeks a
Development Permit for Material Change of Use and Operational Work for an
expansion of Noosa Civic Shopping Centre at Eenie Creek Road, Noosaville.
The subject application is of concern to the owners of Sunshine Plaza because of
the proposed development’s non-compliance with the Noosa Shire Council
Planning Scheme (the ‘Noosa Plan’), specifically that the retail component of the
development exceeds that envisaged in the Plan and in the South East
Queensland Regional Plan, and the potential negative impact the development
would have on the role of Maroochydore as the Principal Activity Centre for the
Sunshine Coast and on the role of Noosa Junction within the Noosa retail
hierarchy.




                                                                                                Environmental Resources
                                                                                                Management Australia Pty Ltd
0119174 MCU14/01106 (Noosa Civic) – Submission 300715                                           A.C.N. 002 773 248
Environmental Resources Management Australia Pty Ltd – Noosa Council                            A.B.N. 12 002 773 248
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                                                                                                Offices worldwide

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1.          OVERVIEW OF PROPOSAL

The documentation provided with the application indicates that the existing
Noosa Civic centre comprises 30,641m2 TUA: 18,585m2 retail shop floor space and
service station, 7,056m2 retail showrooms and 5,000m2 commercial office space.

The application documents indicate that the proposed development will involve
a total expansion of approximately 32,525m2 which would result in a total
development (if approved) of 63,166m2, with the application including:
      •     22,870m2 GLA of additional and reconfigured retail floor space including
            two supermarkets, a discount department store, three mini-major outlets,
            44 specialty stores, five food outlets, three restaurants and eight kiosks;
      •     9,655m2 Gross Floor Area (‘GFA’) of mall and back of house area;
      •     1,000 additional car parking spaces;
      •     A pedestrian link on ‘Covenant J’ situated between the existing shopping
            centre and the proposed development; and
      •     The completion of the Hofmann Drive ring road, including its connection
            to Water Hay Drive.

The proposed development is ‘Impact Assessable (Inconsistent Use)’ under the
Noosa Plan.


2.          GROUNDS OF SUBMISSION

2.1 CONFLICT WITH THE NOOSA PLAN

2.1.1       Inconsistency with the Noosa Plan Centre Hierarchy and the Noosa Plan
            DEOs

Under the Noosa Plan, the subject site for the proposed Noosa Civic expansion is
included in the Shire Business Centre (‘SBC’) and ‘Open Space Conservation’
designations.

The site is subject to the Noosa Plan Desired Environmental Outcomes (‘DEOs’).
In particular, the DEO 3.1.3 b) includes the following:

            b) “Commercial and 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 and is based on—




0119174 MCU14/01106 (Noosa Civic) – Submission 300715
Environmental Resources Management Australia Pty Ltd – Noosa Council
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                        i a proportion of Noosa’s higher order needs fulfilled by centres in other areas,
                        particularly the key regional centre of Maroochydore;
                        ii the Shire Business Centre, a Major Activity Centre for the purposes of the SEQ
                        Regional Plan and the highest order centre within the former Noosa Shire, developed in
                        stages consistent with the needs of the population of the former Noosa Shire and areas to
                        the immediate south;
                        iii protecting the long term viability of the Shire Business Centre as the principal
                        business, retail and administrative centre;
                        iv recognising that it may be necessary to increase floor space in existing centres to meet
                        changing needs, provided any increased floor space does not impact on the successful
                        operation and development of the Shire Business Centre;
                        v business centres at Cooroy, Noosa Junction, Noosaville and Tewantin;

Under the Noosa Plan, Noosaville Locality Plan, the Shire Business Centre is to
be:
            i) 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
            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—
                       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;
            vi) has an outdoor focus, particularly for Retail business uses, office uses and Community Uses;
            x) retains development capacity within the Shire Business Centre in the longer term to take
            advantage of potential new employment opportunities;

The development is inconsistent with the planning scheme intent for the SBC.
The development does not comply with the scale, use and employment intent for
the SBC. In particular, the intent for the SBC is to provide a ‘substantive amount of
non-retailing development for employment opportunities beyond Retail business’ (Noosa
Plan, part 11, section 11.8.2).

The proposal is primarily a shopping and retail centre with limited non-retail
uses - 5,000m2 of commercial space. Only three office tenancies are proposed as
part of the Noosa Civic expansion (an office, medical office and veterinary clinic).
Approval of the proposal would replace planned non-retail uses with retail
development, changing the character of the SBC from that intended in the Noosa
Plan. The proposed Noosa Civic expansion is inconsistent with the Noosa Plan
DEO for commercial and retail uses in the Shire Business Centre

The proposed development does not support the Noosa Plan SBC Major
Activity Centre requirement for ‘business uses as well as administrative,
community, and open space functions’, nor does it support ‘a multi-function




0119174 MCU14/01106 (Noosa Civic) – Submission 300715
Environmental Resources Management Australia Pty Ltd – Noosa Council
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employment node’, nor ‘a substantive amount of non-retailing development for
employment opportunities beyond Retail business’, as the proposed
development is for a shopping centre expansion for 32,525m2 of additional
retail space. The Noosa Civic expansion also does not ‘retain development capacity’,
as the proposed expansion is considerable in floor area and will take up a
substantial area of the SBC, precluding its use for other purposes intended by the
Noosa Plan.

Council’s Information Request (Items 27-29), highlights that the proposed Noosa
Civic expansion proposes a 5,400m2 GLA Target Discount Department Store.
This will likely cause the closure of Target Country (1,360m2) at Noosa Junction.
This undermines the vitality of the Noosa Junction centre as a Type 2 Business
Centre under the Noosa Plan and the SEQRP, reducing the ability of Noosa
Junction to function as intended by the Noosa Plan. The proposed Noosa Civic
expansion will likely undermine the Noosa Plan’s intent for the Noosa
Junction centre.

Council’s Information Request (Item 18) also highlighted that the proposed
Noosa Civic expansion may also impact on the retail trade areas for Sunshine
Plaza, Noosa Fair and Masters Home Improvement at Noosaville, as these
developments were not factored in the original Retail Needs Assessment
submitted to Council in the application stage.

The development is considered ‘high order’ retailing, due to the high order retail
uses proposed and the scale of the additional retail space proposed. The
development of an additional 32,525m2 retail space would likely also detract
the ‘successful operation and development of the Shire Business Centre’ as ‘a
principal business, retail and administrative centre’ as there is a very strong
retail focus at the expense of other uses supported for the centre (The Noosa
Plan, part 3, p.2).

The development application proposes additional retail than envisaged under
the Noosa Plan for the SBC. The proposed expansion alters the planning intent
for the SBC being a location for retail, employment and business uses, as a
substantial amount of non-retailing uses are lacking in the proposal. The focus
on ‘high order’ and considerable retail uses at Noosa Civic will likely disrupt
centre hierarchy designated for the SBC under the Noosa Plan.




0119174 MCU14/01106 (Noosa Civic) – Submission 300715
Environmental Resources Management Australia Pty Ltd – Noosa Council
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2.1.2       Inconsistency with Noosa Plan SBC Precinct Intents

The Noosaville Locality Plan intent for the applicable precincts included below.
            “w) For the Shire Business Centre Zone—the Shire Business Centre 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;

                        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 (Noosa Plan,
                        part 11, section 11.8.2, [w]).”

The proposed development is inconsistent with the intent for the SBC
precincts on which the development will be situated, under the Noosaville
Locality Code, as the majority of the development is proposed to be situated in
Precinct E1 and E6 (for Technology, Business Offices and Civic uses). The
proposed Noosa Civic development proposes an additional floor area of
32,525m2, and a total floor area of 63,166m2, which is not supported to be
developed outside the retail core (Precinct B1 and B2).

The proposed development is not compatible with the intent for Precinct E6,
which encourages the creation of an inter-regional transit facility. The
employment intent for Precincts E1 and E2 are also not reflected by the proposed
development, as only retail related employment is proposed. The proposal is also
in conflict with the intent for Precinct E1 to provide civic uses.

2.1.3       Inconsistency with Noosaville Locality Plan

Precinct Floor Area Provisions

The Noosaville Locality Plan (Table 11.21) specifies floor areas for the SBC
Business Precincts. Retail development on the Noosa Civic site should not exceed




0119174 MCU14/01106 (Noosa Civic) – Submission 300715
Environmental Resources Management Australia Pty Ltd – Noosa Council
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18,300m2 within Precinct B1 under the Plan. Currently there is 25,641m2 of retail
space on the Noosa Civic site (mainly in precincts B1, B2, B3 and E2). Further
retail development on a large scale is not intended for the precincts and would
prevent the achievement of the planning intent for the SBC.

Noosaville Locality Code
The proposed development does not comply with the site cover, plot ratio and
building heights under the Noosaville Locality Plan. The proposed development
also is not consistent with the ‘low rise form’ for buildings proposed, as it exceeds
the building height Specific Outcomes of the Plan (Noosa Plan, part 11, section
11.8.2)..

2.1.4       Inconsistency with Noosa Plan Open Space and Conservation
            Designation

The proposed development is inconsistent with DEO 3.1g) and the Noosaville
Locality Plan/Code (S23.1 and precinct designation 0S3 and 0S7):
      •     The proposed development would involve clearing of 7.5 ha (7.2 ha of
            koala medium value bushfire habitat and medium value rehabilitation
            habitat) including 3,118 non-juvenile koala habitat trees. The location of
            the proposed clearing is within precincts designated as Open Space
            (Precinct OS3 and Precinct OS7). This is in conflict with Section 11.8 of the
            Noosaville Locality Plan, Overall Outcome (l), which states ‘areas of native
            remnant or regrowth vegetation, including their biodiversity and habitat values
            are protected and retained in their natural state’ and Section S23.1, which
            states ‘S23.1 Open space corridors and existing native vegetation in areas
            indicated in Schedule 5 – Map 4 are protected from fragmentation and
            encroachment by development’;

      •     Removal of 0.2 hectares of potential Wallum Froglet and Wallum
            Sedgefrog habitat and potential habitat for Elf Skink is proposed. The
            code specifies that ‘no significant adverse effects on biodiversity, native
            vegetation, native fauna habitat, landscaped quality…’ should occur
            (Noosaville Locality Code, Table 11.11, Specific Outcome 022); and

      •     The proposal seeks to develop a pedestrian bridge on the site of
            Covenant J and clearing approximately 0.02ha adjacent to the southern
            boundary of the covenant area. Covenant J exists to preserve vegetation in
            this area and therefore development is not supported in this location and
            the proposed expansion conflicts with the purpose of Covenant J.




0119174 MCU14/01106 (Noosa Civic) – Submission 300715
Environmental Resources Management Australia Pty Ltd – Noosa Council
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2.2         CONFLICT WITH THE SOUTH EAST QUEENSLAND REGIONAL
            PLAN 2009-2013

The South East Queensland Regional Plan 2009-2031 (‘SEQRP’) designates a
centre hierarchy for the Sunshine Coast region (which includes the Noosa and
Sunshine Coast local government areas).

The SEQRP outlines:
            ‘As the Sunshine Coast’s principal regional activity centre, Maroochydore will be the most
            significant location for economic and employment growth. The other major planned
            activity centres of Noosa… will supplement this growth (p.22)...

            …Maroochydore…will be the office-based business, community services and government
            administration focus of the Sunshine Coast. It will provide a diverse range of housing, and an
            efficient and effective multi-modal public transport system. It will contain office based and mixed-
            use precincts to support employment diversity (p.22).’

Noosa is designated as a Major Regional Activity Centre under the SEQRP:
            ‘Retail and commercial employment dominates in the regional activity centres of
            Maroochydore, Noosa…To create more employment opportunities, as well as accommodating
            further residential growth, centres on the Sunshine Coast will provide for a mix of land uses in a
            compact form with easy access to public transport (p.22)...

The proposed additional 32,525m2 of retail focused floor area is excessive and
would elevate the retail role of the SBC beyond that identified in the SEQRP,
towards the role identified for the Maroochydore Principal Regional Activity
Centre (‘PRAC’), which is nominated as the key retail centre for the Sunshine
Coast region. While the SBC should support retail and commercial employment,
the magnitude of the proposed Noosa Civic retail expansion would elevate it to a
level that would detract from the significance of the Maroochydore PRAC as the
key location for economic and employment growth in the region.

The proposed Noosa Civic expansion of 32,525m2 would elevate the SBC and
Noosa Civic to a higher order of retailing, in conflict with the intent of the
SEQRP and Noosa Plan, detracting from and negatively impacting on the
designated roles for the Maroochydore Principal Activity Centre and the local
centres within Noosa, particularly Noosa Junction.




0119174 MCU14/01106 (Noosa Civic) – Submission 300715
Environmental Resources Management Australia Pty Ltd – Noosa Council
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3.          CONCLUSION

The proposed development is in conflict with the Noosa Plan and the SEQRP and
planning grounds have not been demonstrated to justify approval of the
development notwithstanding the conflict.

Planning grounds that support refusal of the development application raised in
this submission include:

      •     The proposed development is disruptive to the order of centre hierarchy
            under the SEQRP 2009-2013:

                  o     The proposed Noosa Civic expansion would elevate the SBC and
                        Noosa Civic to a higher order of retailing than that intended under
                        the Regional and Noosa Plans, detracting from the intended roles
                        for the Maroochydore Principal Activity Centre and the local
                        centres within Noosa, particularly including Noosa Junction.

      •     The proposed development is inconsistent with the centre hierarchy and
            ‘Shire Business Centre’ designation under the Noosa Plan. In particular:

                  o     The proposed development would effectively turn the SBC into a
                        regional shopping centre, in conflict with the intent that the Noosa
                        SBC Major Activity Centre develop for ‘business uses as well as
                        administrative, community, and open space functions’, in ‘a multi-
                        function employment node’, with ‘a substantive amount of non-retailing
                        development for employment opportunities beyond Retail business’;

                  o     The proposed development is inconsistent with the intent of the
                        Noosa Plan as a business centre with a substantive amount of non-
                        retailing development and will likely disrupt centre hierarchy
                        designated under the Noosa Plan;

                  o     The uses proposed Noosa Civic expansion include a Target DDS.
                        This would likely cause the closure of Target Country at Noosa
                        Junction, undermining the vitality of the Noosa Junction centre as
                        a Type 2 Business Centre under the Noosa Plan and the SEQRP,
                        and negatively impacting on the ability of Noosa Junction to
                        continue to fulfil its identified and intended role in the Noosa
                        Plan.




0119174 MCU14/01106 (Noosa Civic) – Submission 300715
Environmental Resources Management Australia Pty Ltd – Noosa Council
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      •     The proposed development is contrary to the Noosa Plan SBC precinct
            intents for retail development to be concentrated in Business Precincts B1
            and B2. The proposed development seeks to locate the majority of the
            development in Precinct E1 and E6 (employment precincts for Technology
            based Business Offices, Civic, and Educative uses); and

      •     The proposed expansion is contrary to provisions of the Noosa Plan
            including the Noosaville Locality Plan and Code, including the Noosa
            Plan Open Space and Conservation Designation and the Noosaville Plan
            Locality Plan (Precinct Floor Area Provisions and Noosaville Locality
            Code site cover, plot ratio and building heights).

In summary, the proposal is in conflict with the planning intent for the site
contained in the Noosa Plan and the SEQRP. The application compromises the
achievement of the overall planning intent of the SEQRP and the Noosa Plan for
the site and would exceed the retail use envisaged in the Noosa Plan and the
Regional Plan. The amount of retail development proposed for the subject site is
excessive for that required of a Major Activity Centre and is at the expense of
higher order knowledge based industries, commercial uses and other
employment generating activities that are the intended purpose of the land. Such
uses, which are intended for development on the site under the Noosa Plan,
would improve the economic viability and the social wellbeing of residents of the
Noosa Shire.
There are not sufficient planning grounds to justify the approval of the
development given its conflict with the Planning Scheme and the application
should be refused.
In determining the proposed development it is requested that Council consider
the representations made within this submission and uphold its planning
scheme.          Should you have any queries in relation to the submission, please
contact Sandy Vigar on 3007 8412.


Yours faithfully,
for Environmental Resources Management Australia Pty Ltd




Sandy Vigar
Partner




0119174 MCU14/01106 (Noosa Civic) – Submission 300715
Environmental Resources Management Australia Pty Ltd – Noosa Council
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                                                             Annex A



NOOSA PLAN SHIRE BUSINESS CENTRE MAP




0119174 MCU14/01106 (Noosa Civic) – Submission 300715
Environmental Resources Management Australia Pty Ltd – Noosa Council
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0119174 MCU14/01106 (Noosa Civic) – Submission 300715
Environmental Resources Management Australia Pty Ltd – Noosa Council
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