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MCU24/0084 Material Change Of Use - Function Facility – 658 Louis Bazzo Drive, Ringtail Creek · Attachment 2 - (MCU24 0084) - Planning Officer'S Report
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024
ATTACHMENT 2 – MCU24/0084 – PLANNING OFFICER’S REPORT
REPORT
1. PROPOSAL
The proposed use will accommodate weddings and small functions such as corporate and wellness
events. The relevant planning scheme definition is a Function facility which is defined as follows:
Function facility means the use of premises for—
a) receptions or functions; or
b) preparing and providing food and liquor for consumption on the premises as part of a reception
or function.
The scheme also includes examples such as a conference centre or reception centre.
The proposal is to establish a function facility on the site for the purpose of hosting weddings and
other functions including small corporate events, such as long lunches that are part of a reception
or function, and wellness retreats.
The proposal includes a permanent 300m2 marquee with associated outdoor terrace areas,
referred to as Canapes Terrace (221m2) and Cocktail Terrace (287m2) and a pontoon jetty, which
is proposed within the existing dam as shown on the Proposal Plans. These areas are proposed
to be established on the western side of the existing constructed waterbody (dam).
The development includes “back of house” areas which are located close to the functions area and
includes a large storage container, waste storage area, staff carparking, and a designated parking
area for portable toilets on trailers with auxiliary holding tanks, which avoids the need for an on-
site effluent disposal system. The portable toilets will be retained on site, with their larger holding
tanks pumped out by a local service provider, as required.
Access to the function facility will initially be via the Internal Road (5.5m wide), which then turns
into the Internal maintenance Road (3.5m wide with passing lanes provided at 30m spacings), as
shown on the Site Master Plan (see Figure 2 below). There is also a Fire Egress Road (3.5m wide)
and Service Road (3m wide). It is also noted that the Internal Road continues south and provides
access to the existing machinery shed.
The function facility includes 50 guest parking spaces and 2 bus parking bays. A traffic report has
been submitted with the application to assess the traffic demand and impacts of the proposal. The
proposed driveways, car parking and manoeuvring areas will all be finished with compacted gravel.
Minor earthworks will be required to create a flat area for the marquee and associated outdoor
deck / terrace areas. Any areas disturbed will be rehabilitated and landscaped.
The proposed development will be conducted in accordance with the function facility’s Operational
Management Plan, prepared by the Louis Bazzo Pty Ltd dated June 2024 and the Emergency
Management Plan prepared by Louis Bazzo Pty Ltd dated June 2024.
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Page 2
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024
Figure 1 – Locality
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024
Figure 2 – Site Plan
Figure 3 – Floor Plan
Page 4
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024
Figure 4 – Elevations
2. SITE DETAILS
2.1. Background
The site has historically been utilised for rural purposes including a macadamia farm. The site
includes some farm sheds used for nut packaging and the storage of farm machinery.
There are no records of any existing approval on Council’s online application tracking.
2.2. Site Description
The site is located 658 Louis Bazzo Drive, Ringtail Creek on Lot 4 on RP160124. The site area is
99.94ha.
The site is characterised by an undulating (rolling) topography. The site includes several drainage
lines that predominantly drain from the northeast and northwest corners of the site. These drainage
lines converge into an existing wetland area and drain south into the Six Mile Creek. A constructed
waterbody (or dam) is located directly to northeast of a centralised wetland area.
The site has primarily been cleared and farmed as macadamia orchard. The site also contains
areas of native vegetation which follow the site’s waterways.
The site is in a rural area with limited urban services. Reticulated water and sewer services are not
available to the site.
2.3. Surrounding Land Uses
Land surrounding the site has been developed as follows:
North – Rural and rural residential / Extractive industry (Clay extraction site)
South – Ringtail State Forest and rural
East – Ringtail State Forest, Amaroo outdoor education centre (Accommodation buildings,
educational establishment and outdoor entertainment)
West – Rural and rural residential
The nearest dwelling, which is located at 35 Hessen Place, Ringtail Creek, is located approximately
725m from the proposed location of the Function Facility. The existing driveway is located
approximately 40m from the dwelling at 642 Louis Bazzo Drive.
Page 5
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024 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; • Noosa Plan 2020. 3.2. State and Other Statutory Instruments State Planning Policy Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development. State interests in the state planning policy not integrated or partly integrated State Planning Policy (July 2017) • Natural Hazards, risk and resilience – coast hazards – in part Since the site does is not mapped as containing any coastal hazards, no further assessment is required. South East Queensland (SEQ) Regional Plan The site is located within the Regional Landscape and Rural Production Area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan. A review of the Planning Regulation 2017 now defines a function facility as Indoor recreation as outlined above. This is recent amendment to the regulation following the State’s recent review and amendment of the Regional Plan. As result of this change to the indoor recreation definition, the function facility now needs to meet the threshold under schedule 10, Part 16, division 4, Subdivision 1, Section 27A. Assessable development—material change of use for indoor recreation A material change of use of premises for indoor recreation is assessable development if— (a) all or part of the premises are in— (i) the SEQ regional landscape and rural production area; or (ii) the SEQ rural living area; and (b) the use— (i) results in a gross floor area of more than 3,000m2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or (ii) involves more than 250 persons, including employees, being on the premises at any time; or (iii) provides accommodation for more than 100 persons; and (c) the material change of use is not— (i) excluded development; or (ii) an exempt material change of use. The proposed use does not exceed these thresholds and therefore the application does not require referral to SARA in respect of matters relating to development in the Regional Landscape and Rural Production Area.
Page 6
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
• Koala Habitat Area
The site has areas mapped as Core Koala Habitat Area; however, the development is located
outside of these mapped areas. Furthermore, the site is not within the Koala Priority Area.
The proposal is for an urban activity within the Regional Landscape and Rural Production Area
and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for
the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The subject site is in the Rural Zone. The proposed use is identified as a consistent use within the
zone and is required to follow an Impact Assessment application process.
Accordingly, the application must be assessed against the whole of Noosa Plan 2020 to the extent
the provisions are relevant to the development.
3.3.1 Strategic Framework
The strategic framework provides Council’s policy intent underlying the planning scheme. Relevant
provisions of the strategic framework are addressed below.
The strategic framework notes that Noosa Shire:
• has exceptionally high biodiversity and is a stronghold for a wide range of regional
ecosystems that includes threatened species.
• serves as a domestic and international tourism destination with strong emphasis on nature-
based recreation opportunities. Tourism and retail are significant contributors to the local and
regional economy.
Council’s Senior Environment Officer has reviewed the proposed development and states that ‘the
site supports local and state biodiversity values. No assessable vegetation clearing is proposed,
hence no impact to native vegetation is expected to occur. Impacts to the mapped Riparian Buffer
Area & Wetland have been avoided and minimised by developing an existing cleared area and
providing an 8-16m setback between the proposed infrastructure (excluding jetty) and dam water
line. Appropriate sediment and erosion control fencing will also be utilised during
construction/earthworks.
The function facility will contribute to the local economy through job creation and the use of local
businesses.
Locality Provisions
The subject site is in the Ringtail Creek Locality and is zoned Rural. The proposed use is identified
as a consistent use with the zone and is required to follow an impact assessable application
process.
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
• Rural Zone Code;
• Entertainment Activities Code
• Biodiversity, Waterways and Wetlands Overlay Code;
• Bushfire Hazard Overlay Code;
• Extractive Resources Overlay Code;
• Flood Hazard Overlay Code;
• Landslide Hazard Overlay Code; and
• Works Codes.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024 The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below: Criteria Planning Scheme Proposal Complies Building height • storeys 2 storeys max 1 storey • metres 8 4.6metres Gross floor area 500m² max 350m² Boundary setbacks • Frontage 40 metres min 1300 metres • Side 10 metres min 620 metres • Side 10 metres min 390 metres • Rear 10 metres min 430 metres Carparking 47 spaces min 50 spaces Rural Zone Code The proposed function facility occupies a small proportion (less than 1%) of the site. The proposal is compatible and will co-exist with the existing farm activities occurring on the site. The existing macadamia farm will continue to operate and form a key feature of the rural landscape setting for the proposed development. The function facility has been designed to respect the site’s attributes. It avoids constrained parts of the site, including Council’s mapped overlays associated with existing vegetation and waterways. The built form elements are small scale and nestle into the rural landscape, thereby ensuring a seamless integration with the site’s rural and landscape character. The proposed development meets all the relevant Acceptable Outcomes of the Rural Zone Code. Flood Hazard Overlay Code The proposed development is not located within an area identified in the Flooding and Inundation Extent. The proposed internal roads also avoid the mapped Flooding Inundation Extent. Minor earthworks will be required to create a flat area for the marquee and terrace areas. Any areas disturbed will be rehabilitated and landscaped. The development is consistent with and can comply with the relevant Acceptable Outcomes, Performance Outcomes and the Overall Outcomes sought by this Code. Entertainment Activities Code In this code there are provisions for the hours of operation for Entertainment Activities. The code has a provision for where the site is not adjoining land in a residential zone and not otherwise specified above, the entertainment activity is to operate only between 7:00am – 10:00pm Sunday to Thursday and 7:00am – 12:00 midnight Friday and Saturday. It is recommended that functions be conditioned to be limited to the hours of 11.00am to 10:00pm, inclusive of provision of amplified music/sound. A condition is also recommended that requires all guests to vacate the premises by 10:30pm. The entertainment activity will therefore operate in accordance with this provision, with the alternative solution being to allow guests the additional 30 minutes to leave the property.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024 These hours of operation have been assessed as part of the Environmental Noise Level Impact Assessment, which was peer reviewed. The implementation of the recommendations from this assessment ensures that the use complies with the relevant noise limits and to ensure that the use operates within a timeframe that avoids negative impacts on the surrounding area and sensitive land uses. Assessment of Key Planning Issues Through the assessment of this application the following issues have been identified and resolved: Land use The proposed development of a Function Facility is a consistent use in the Rural Zone, requiring impact assessment. It is noted that under the superseded Noosa Plan 2006, a Function Facility was defined as an Entertainment and dining business, which was an inconsistent use. This highlights a key difference with the current Noosa Plan 2020, which anticipates these uses in the Rural Zone, provided they are appropriately managed. The Noosa Plan 2020, including the Strategic Framework and Rural Zone anticipate other uses where they are compatible with existing and future rural uses and the character and environmental features of the land. The proposal will coexist with the existing Macadamia Farm and the environmental features of the land will be maintained by the development being sited in an area that does not require clearing and the surrounding vegetation will be protected by a conditioned environmental covenant. Council’s Manager, Economic Development has reviewed and supports this application. Their review states that the boutique wedding industry (and particularly, midweek weddings) through the consultation of the Draft Destination Management Plan, has been identified as a potential growth sector for tourism in the future, due to the fact that is a high value industry that brings small group business to the region for several days, as opposed to the hordes of day trippers who currently come to the region, spend very little in the economy but add to traffic congestion and pressure on amenity etc. Elements that Economic Development are keen to encourage in this and other similar proposals, based on current trends are: - A unique venue offering stunning ceremony and/or reception locations and settings - Use of natural themes and designs that align with Noosa’s Design Principles Sustainable, eco-friendly solutions across all infrastructure, amenities (including waste) and services offered. Accordingly, the proposed land use is supported and is a consistent use, which has been designed and conditioned to meet the relevant aspects of the Strategic Framework and the associated provisions of the Noosa Plan 2020. Amenity and Noise The proposed development involves, weddings and receptions, and has been assessed against the requirements of the planning scheme in relation to potential impacts on rural amenity and lifestyle, traffic and pedestrian safety. An Environmental Noise Level Impact Assessment was submitted in support of the proposed development, and peer reviewed. The report identified the potential noise sources from the development being: ▪ vehicles (cars, delivery van and coaches) on the access/driveway; ▪ patron noise from the function marquee, canapes terrace and cocktails terrace; ▪ amplified music from the function marquee; ▪ the generator to power the development.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024 The acoustic report demonstrates that the proposed facility will comply with the relevant noise criteria, subject to its recommendation that an acoustic barrier is provided between the access driveway and nearby residences. This barrier is to be 30m long, 1.8m high, and constructed adjacent to the eastern residence at 642 Louis Bazzo Drive. It is noted that that the nearest dwelling, which is located at 35 Hessen Place, Ringtail Creek, is located approximately 725m from the proposed location of the Function Facility. The existing driveway is located approximately 40m from the neighbouring dwelling at 642 Louis Bazzo Drive. Acoustic measures and treatments, including the recommended acoustic barrier with the nominated construction Weighted Sound Reduction Index (RW) must be incorporated into the development in accordance with the Environmental Noise Impact report and maintained onsite. It is recommended that the development be conditioned, in accordance with the recommendations of Council’s consulting noise expert, to manage noise to ensure that the amenity of nearby residents is maintained. These include conditions recommended to limit the nature and extent of the proposed use, the hours of operation, amplified music, the submission of a Noise Management Plan and construction of the acoustic barrier as details above. An Operational Management Plan has also been provided, the plan includes a comprehensive overview of how the events will be managed particularly regarding operating hours, noise requirements patron behaviour management and complaint procedures. To address the issue of dust causing a nuisance, it is recommended that a condition be included requiring the access/driveway be sealed. The driveway will be signed to be a low-speed environment that is restricted to 20km/h. The sealing of the driveway will also reduce the noise caused by vehicles and buses while traversing the driveway. Traffic Access into the subject site is taken from Louis Bazzo Drive, a state-controlled road. The number of car parking spaces (50) provided in the car parking area is more than the minimum amount (47) required. The proposed development is supported by a Traffic Engineering report that is RPEQ certified. The report confirms that the anticipated number of vehicles will not adversely impact on the operational performance of the surrounding road network. The layout of the carpark is generally compliant with the relevant Australian standard. A set of vehicle turn paths demonstrating the coaches are able to manoeuvre on site has been provided. The carpark includes a fire egress road that crosses a dam outlet. Further assessment of the interface between the existing outlet and fire egress road is to be undertaken as part of the Operational Works phase. The application was referred to SARA due to Louis Bazzo Drive being a State controlled road. Accordingly, the Department of Transport and Main Roads has reviewed the application requiring conditions to be included on any approval regarding road access works. These works include turn treatments for a Basic Right Turn and Basic Left Turn are to be carried out in accordance with DTMR requirements. As the responsible authority, SARA has deemed the revised access arrangement suitable. Waste servicing is to occur via the proposed carpark. Vehicle turn paths for the waste collection vehicle have been provided, demonstrating the vehicle can service the bins and manoeuvre the site to exit in a forward gear. Environmental Impacts The proposal has addressed the potential impacts on biodiversity, ecosystem health, ecological processes, soil, air and water quality through the submission of an Ecological Report and Stormwater Management Plan.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024 The Ecological Report identified the local and State biodiversity values present on the site. The report concluded that no assessable vegetation clearing is proposed and hence no impact to native vegetation is expected to occur. Minor exempt clearing/delimbing is required from a bushfire management perspective to facilitate the vehicular access recommendations for the emergency alternative access route to achieve a minimum driveway width. Also, within the road reserve, vegetation removal and benching has been conditioned by the State to ensure Sight Visibility from a traffic safety perspective. The proposed development location is set within the existing modified and maintained area of the site. The existing extent of bushland within the site is proposed to be retained in-situ and will continue to connect koala habitat trees and ensure safe movement for koalas and other wildlife. Impacts to the mapped Riparian Buffer Area & Wetland have been avoided and minimised by developing within an existing cleared area and providing an 8-16m setback between the proposed infrastructure (excluding jetty) and dam water line. It is recommended conditions be included requiring a vegetation protection covenant, which is to be shown on a survey plan and submitted to Council for endorsement. The covenant is to be applied to the areas identified as Vegetation Community 1 (VC1) and Vegetation Community 4 (VC4) as shown on the extract below of the Development Impact Plan, J001313 EV02 Rev 1, prepared by North Coast Environmental Services and dated 25 June 2024. Figure 1 – Extract from Ecological Values Plan from Ecologic Assessment Report Water quality is addressed through the Stormwater Management Plan, which provides a lawful point of discharge and confirms that onsite detention and tertiary stormwater treatment is not warranted for the proposed use. It is also noted that the subject site is affected by flooding; however, the area proposed for the wedding venue is unaffected by flooding. The report recommends that appropriate sediment and erosion control fencing be utilised during construction/earthworks. Landscaping of the development footprint utilises native flora species found in the local regional ecosystems.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024 Bushfire Management The site contains areas, including the access that are mapped either for High Potential Bushfire Intensity or Potential Impact Buffer. To address this constraint a Bushfire Hazard Assessment and Management Plan has been submitted to Council. A Bushfire Emergency Response Plan (BERP) has also been prepared to assist management to protect life and property in the event of a bushfire or a pending bushfire on the site. The bushfire hazard assessment has provided a detailed assessment generally in accordance with the methodologies detailed in the State interest guidance material and supporting QFES Bushfire Resilient Communities (October 2019) technical reference guide. Further, an assessment has been undertaken against the Bushfire Hazard Overlay Code. The development is consistent with and can comply with the relevant Acceptable Outcomes, Performance Outcomes and the Overall Outcomes sought by the Bushfire Hazard Overlay Code. The conditioned upgrades to the driveway provide a suitable means of evacuation. A condition is proposed that requires a suitably qualified RPEQ, as part of a future operational works, to design all evacuation routes and waterway crossings to cater for the types of vehicles expected to access the site (i.e. 2WD, MRV, passenger bus, etc). A minor amount of vegetation clearing/delimbing may be required to facilitate the vehicular access recommendations about the waterway crossings for the emergency alternative access route to achieve a minimum 3.5m width and 4.8m vertical clearance. All vegetation clearing required to facilitate the vehicular access recommendations can likely be carried out as exempt clearing under the routine management. Geotechnical The marquee is located on land affected by the moderate landslide hazard overlay mapping. Confirmation of this hazard will be provided as part of a geotechnical investigation report. In the event the site is affected by a landslide hazard, appropriate design and construction measures will be adopted in accordance with the recommendations of a geotechnical engineer at the detailed design phase of the development and prior to approval being given for building works. Stormwater Management A Stormwater Management Plan has been submitted with the application to assess the impact of the quantity and quality of stormwater resulting from the proposed development. The submitted Stormwater Management Plan states: The plan demonstrates that the development does not increase the peak flow discharge or worsen the stormwater quality. Roofwater is to be collected and discharged via pipe and outlet directly into the dam. The remaining hardstand and other impervious areas are to match predevelopment flow (i.e., sheet flow). Council’s Senior Development Engineer has reviewed and agrees with the submitted Stormwater Management Plan, the plan recommends that appropriate sediment and erosion control fencing will also be utilised during construction/earthworks. Proposed landscaping of the development footprint utilises native flora species found in the local regional ecosystems to stabilise the site. 4. CONSULTATION 4.1. Referral Agencies The application was referred to the following Referral Agencies: • Department of State Development, Infrastructure, Local Government and Planning (SARA) The Department is a referral agency for Development in a State-controlled Road environment, as identified in Section 1.6 and section 5.1.3 of this report, and in accordance with Schedule 10 of the Planning Regulation 2017.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024
The Department has responded by providing their referral agency response. From a State referral
perspective, SARA have approved the development, subject to conditions. The conditions of their
approval require the existing access to be upgraded in accordance with the Department of
Transport and Main Roads (DTMR) standards. Road works comprising of a Basic Right Turn and
Basic Left Turn are to be carried out in accordance with DTMR requirements. Vegetation removal
and benching must be carried out to ensure sight visibility.
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
• Development Engineer
• Environment Officer
• Economic Development Officer
• Waste Management Officer
4.3. External Referrals
The application was forwarded to the following external parties:
• A peer review, requested by Council, of the Environmental Noise Level Impact Assessment
was carried out by MWA Environmental
4.4. Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning
Act 2016. 60 properly made submissions were received. The following table provides a summary
and assessment of the issues raised by submitters.
Matters Raised Comments
Submissions Against
Amenity Impacts The proposed development involves, weddings
and receptions, and has been assessed against
- Neighbourhood amenity will be
the requirements of the planning scheme in
impacted because of the proposed
relation to potential impacts on rural amenity and
use.
lifestyle, traffic and pedestrian safety.
- People bought in this area to enjoy
the peace and quiet. The application was subject to rigorous acoustic
- Increased visitors will result in an assessment, and included the requirement for
increased risk of theft and security further modelling by the applicant’s acoustic
issues. consultant to satisfy Council that the planning
scheme requirements in relation to noise and rural
amenity could be achieved.
The proposal can achieve the intent of the
Strategic framework as well as the Purpose,
Overall outcomes and Performance outcomes of
the applicable code, and the Overall outcomes of
the Rural zone code in relation to appropriate
management of adverse impacts on surrounding
sensitive land uses and maintenance of rural
character and amenity.
The application includes a comprehensive
Operational Management Plan which will
minimise any potential impacts on any adjoining
landowners and the community. The Operational
Management Plan, together with reasonable and
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024
relevant conditions, will provide adequate
mechanisms to ensure that the use is undertaken
in a responsible manner.
In addition, the noise report which has been peer
reviewed by Council’s external noise expert, has
confirmed that the proposal will not result in
unacceptable noise impacts, subject to the
construction of a noise barrier in the access strip.
The applicant has advised that they operate a
similar function facility in the rural areas of
Rosemount and understand the importance of
maintaining a harmonious relationship with
neighbours to ensure the business operates
smoothly without adversely impacting the
community.
Traffic and road safety This development is supported by a Traffic
Engineering Report that is RPEQ Certified.
- Louis Bazzo Dr has a history of
accidents and fatalities. Louis Bazzo Drive is a state-controlled road. The
- The access location is on a bend driveway location is to be slightly moved to the
making the access unsafe. east to improve sight lines. The Department of
- There is no turning bay which makes Transport and Main Roads has conditioned road
the access unsafe. access works, including turn treatments that are
- Results in increased traffic on Louis considered reasonable for the number of vehicles
Bazzo Rd which is inadequate for the anticipated to occur during an event.
proposed demand generated by the
These conditions require the existing access to be
development.
upgraded in accordance with the Department of
- The proposed service road (access
Transport and Main Roads (DTMR) standards.
driveway) is inadequate for the
Road works comprising of a Basic Right Turn and
proposed amount of traffic.
Basic Left Turn are to be carried out in accordance
- Potential for drink driving and serious
with DTMR requirements. Vegetation removal and
traffic accidents.
benching must be carried out within the road
- Increased buses and service vehicles
reserve to ensure sight visibility.
increase the risk to traffic users.
- Lack of public transport/ taxi or ride The application material has demonstrated that
share services in the area. the site access has sufficient visibility in both
directions for vehicles to enter and exit in a safe
manner.
As the responsible authority, SARA has deemed
the revised access arrangement suitable.
In consideration of the submitted Traffic
Engineering Report and the upgrades to the
access in accordance with the State Assessment
and Referral Agency response, this matter has
been addressed.
In terms of concerns raised about road safety
generally, driver behaviour (including drink
driving) is not the responsibility of the applicant
and is regulated by road safety legislation.
Notwithstanding this, the Operational
Management Plan includes measures that
manage patron behaviour. These include a
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024
dedicated bus service and responsible service of
alcohol requirements.
It is anticipated in the Traffic Engineering Report
that up to two buses will be utilised for each
function.
The operational Management Plan also estimates
that 70-80% of guests will be driven to and from
the venue via a private bus for larger events such
as weddings.
Noise An Environmental Noise Level Impact
Assessment was submitted in support of the
- The acoustic assessment does not
development application.
fully address all scenarios such as
wind, remote location and real-life Council requested further information to ensure
examples i.e. trucks and buses on a the proposed development complies with the
gravel road and the use of brakes. relevant noise criteria and standards.
- The compacted gravel roads will be
This report was peer reviewed and amended as
used by numerous vehicle types and
part of a response to further advice to include an
will create noise impacts.
acoustic barrier.
- Concern there is no estimate of
vehicle numbers for each event. The report identified the potential noise sources
- How will operating hours and vehicle from the development and how to mitigate them.
departures be policed? The acoustic report demonstrates that the
- The locality’s peace and tranquillity proposed facility will comply with the relevant
will be impacted by the impact of noise criteria, subject to its recommendation that
vehicles and noise from functions. an acoustic barrier is provided between the
- One solution would be to condition access driveway and nearby residences. This
the road to be sealed. barrier has been conditioned.
The acoustic barrier is to be 1.8m high and
constructed adjacent to the eastern residence at
642 Louis Bazzo Drive.
An Operational Management Plan includes a
comprehensive overview of how the events will be
managed particularly regarding operating hours,
noise requirements patron behaviour
management and complaint procedures.
Prior to commencement of the use, certification
must be submitted to Council from a qualified
person* that the development has been
constructed in accordance with the Environmental
Noise Level Impact Assessment, and Amenity
conditions of this development approval.
Certification must also include the in-house public
address (PA) system specifications and serial
numbers. Should the PA system specifications
and equipment change at any time, further
certification must be submitted Council from a
qualified person* of the specifications and serial
numbers of such equipment.
The recommended conditions also include the
sealing of the driveway as this will also reduce the
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024
noise caused by vehicles and buses while
traversing the driveway.
Speed limits will be restricted to 20km/h, to ensure
engine noise and revving is limited.
Site Suitability The use is recognised as a consistent use in the
Rural zone.
- The site is not considered suitable for
a development of this scale and The site is considered suitable for the proposed
nature. use which has been designed to consider the
- Concern that there are more site’s constraints. It minimises impacts on the
appropriate locations for the use environment and neighbouring properties through
which do not impact on the sensitive location of the development footprint and
environment, community or road operational management measures.
users.
The applicant has identified a need for such a
- This type of venue belongs in the city
facility within a rural setting in the Noosa region,
or closer to the coast.
noting that approved function facilities are typically
located in urban or coastal areas.
As a result, the proposal is to be established on
Rural zoned land, where the applicant can create
unique weddings or other events in a scenic rural
location.
Dust Impacts To address this issue, it has been conditioned that
the access/driveway be sealed.
- The compacted gravel access road
(will result in increased dust which
may affect drinking water supply,
require more tank clean outs and
increased filtration requirements, and
may also impact effectiveness of
solar panels.
- One solution would be to seal the
access road.
Days and hours of operation The development has been conditioned to operate
between 11am-10pm with guests to vacate the
premises by 10:30pm.
Functions must not occur on a gazetted
Queensland public holiday, or on a Sunday unless
followed by a gazetted Queensland public holiday.
Lack of public transport, taxis and 13Cabs provides taxi services to Ringtail Creek.
Ubers Similarly ride sharing apps like Uber also operate
in this area and can be booked in advance.
The availability of public transport to Ringtail
Creek is limited with buses only operating as far
as Tewantin. From Tewantin a taxi or similar
would be required to get to the venue.
Alternatively, the development anticipates charter
buses to be hired for wedding and other functions.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024
It is estimated that 70% of the guests will arrive in
charted buses carrying between 20 to 50 per bus.
The balance of the guests will attend by taxi, uber
and car, with 20% of guests anticipated to arrive
in their own vehicle.
Environmental Impact In support of the application, an Ecological
Assessment Report was submitted.
- The area’s habitat, wildlife corridors
and fauna should be protected. It is noted that the subject site is identified as
- Increased traffic on the 1km access containing Koala Habitat Areas (Core). However,
road will increase the risk of fauna Schedule 11 of the Planning Regulation is not
strikes. applicable to the subject application as the site is
- The pristine nature of the not mapped as a Koala Priority Area, accordingly
environment will be dramatically the application was not required to be referred to
affected. SARA in relation to koala habitat.
- Koala habitat trees were cleared
The development design avoids mapped koala
around the driveway entry.
habitat and does not incorporate new roads or
- Concern about impacts on the
fences.
adjoining Yural and Ringtail State
Forest. The proposal involves a very small development
- Lighting associated with the use may footprint which is less than 1% of the site area.
impact on wildlife. Speed limits will be restricted to 20km/h which will
assist to avoid the risk of vehicle strike to koala.
The proposed development location is set within
the existing modified and maintained area of the
site. No vegetation clearing is proposed. The
existing extent of bushland within the site is
proposed to be retained in-situ and will continue to
connect koala habitat trees and ensure safe
movement for koalas and other wildlife.
The following was highlighted by the applicant in
their review of the submissions:
The ecological assessment submitted with the
application concludes that the proposal complies
with the Noosa Plan and includes the following
recommendations to reduce the proposal’s
environmental impacts:
- Appropriate erosion and sediment control
works are undertaken to mitigate any
significant impacts on the mapped wetland,
waterway and riparian buffer area; and
- Landscaping of the development footprint
utilises native flora species found in the local
regional ecosystems.
In addition, the report notes that lighting impacts
on forest areas and the dam will be minimised by
controlling lux levels. Detailed lighting design will
be undertaken during the operational works phase
of the project.
The current design of the proposal together with
the ecological report recommendations will
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024
generally avoid or mitigate any adverse
environmental impacts from the proposal.
A submission raised concern about previous
clearing of koala habitat trees near the site’s entry.
This area is not mapped as a Core Koala Habitat
area nor Regulated (remnant) vegetation under
State mapping. It is understood that selective
clearing was limited to near the new front fence
line which is setback a further 20m from the road
to improve queuing distances for farm trucks and
other vehicles when entering the property.
The construction of the new front fence line and
front entry statement involved reasonably
necessary property maintenance works which
involved clearing of some juvenile regrowth
largely consisting of slash pine (Pinus elliottii)
which is listed as environmental weed in
Queensland (refer to www.daf.qld.gov.au). The
clearing is “exempt clearing” under Council’s
vegetation policy.
Stormwater Management A condition has been included within the
recommendation for the access to be sealed from
- Runoff from the road runs directly into
the road frontage to the car parking areas. The
a neighbour’s dam. The stormwater
sealed access will mitigate runoff, noting the
management plan only addressed
existing access driveway is a dirt road.
the main area of the site and fails to
address stormwater runoff from the
access handle.
- Recent rainfall events have resulted
in significant sediment runoff from the
new excavated gravel pit, which
currently does not have any
sedimentation controls in place.
Property Values Matters/concerns regarding loss in property
values are not a valid town planning
- The proposed development may
consideration.
have an adverse impact on property
values.
Insufficient policing and public safety The closest police stations to the development site
concerns are Pomona and Cooroy Police Stations.
- Insufficient police and resources The proposal includes a comprehensive
available to protect and provide Operational Management Plan. The Operational
public safety. Management Plan is an appropriate mechanism,
- Neighbours’ safety not guaranteed. together with reasonable approval conditions, to
ensure that all future functions and patron
behaviour are managed in a coordinated and
responsible manner.
The proposal also includes a bushfire
management and emergency evacuation plans for
the safety and well-being of guests and staff in the
event of a natural hazard.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024
Environmental Degradation The proposed development location is set within
the existing modified and maintained area of the
site. No vegetation clearing is proposed. The
existing extent of bushland within the site is
proposed to be retained in-situ.
Impacts to the mapped Riparian Buffer Area &
Wetland have been avoided and minimised by
developing an existing cleared area and providing
an 8-16m setback between the proposed
infrastructure (excluding jetty) and dam water line.
Appropriate sediment and erosion control fencing
will also be utilised during
construction/earthworks.
Future development and expansion Any future development or expansion to the
development will require a change application and
- Concern that the proposal may be
be assessed and decided on its merits.
expanded to include other uses such
as cafes, accommodation and polo
fields which will only exacerbate the
impact.
Excessive liquor licenses in the area In the Ringtail Creek locality there are currently no
liquor licences.
Light pollution Lighting associated with the development has
been conditioned to be designed, sited, installed
- Concern that light from the proposed
and tested to comply with AS 4282 – “Control of
development would negatively affect
the obtrusive effects of outdoor lighting.
adjoining properties and disturb
wildlife. The lighting has been conditioned to be certified
to ensure compliance with the relevant Australian
Standard.
Risk to safety and the security of The Event Manager/ Coordinator will ensure that
surrounding homes and property the event is executed within the parameters of any
development approvals and in accordance with
the Operational Management Plan. A minimum of
one (1) Event Manager or (1) On-Day Coordinator
(Event Managers) will be assigned to each event
and will be required to be onsite for the duration of
the event.
The Operational Management Plan includes
procedures for the logging and actioning of
complaints should they arise to ensure that the
venue provides an environment that ensures that
high levels of safety and amenity are preserved.
Number of events and patrons The application included an Operational
Management Plan which clearly outlines the
- Events will operate 7 days a week
anticipated type and number of events and
and include long trading hours i.e. up
patrons including operating days and hours.
to 20 hours a day.
Notably, the anticipated number of events, patron
- Up to 150 patrons per event and
numbers and operating hours are maximums and
concerns the number of events will
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024
increase in the future i.e. 5-7 events may be less depending on demand throughout the
per week. year.
Regardless, the noise report which has been peer
reviewed by Council’s external noise expert, has
demonstrated that the proposal does not result in
unacceptable noise impacts, subject to the need
to construct an acoustic barrier within the access
strip.
In respect of submitter concerns that the proposal
may be expanded to include additional events,
any such expansion would require further
development approvals via a change or new MCU
application and would need to be assessed at that
time.
Equestrian events and holding yards There is no proposal for these activities currently
for horses being assessed by Council.
- A concern was raised by a submitter Holding yards for horses would be defined as
that there was talk of equestrian Animal Keeping under the Noosa Plan 2020. The
events and holding yards for horses keeping of 3 horses would be accepted
proposed in the future. development.
Animal Keeping for more than 3 horses would be
accepted development subject to requirements or
code assessable if not compliant with the relevant
assessment benchmarks.
Equestrian events or similar would be Impact
Assessable and be subject to a full assessment
against the planning scheme.
Lack of community consultation and The application was Impact Assessable and
public notification public notification was carried out in accordance
with the requirements under section 53(10) of the
- Concerns that some owners did not
Planning Act 2016.
receive notification from Council or
the applicant. The requirements for public notification include:
- The sign at the front of the property is
a) placing notice on the premises the subject
not sufficiently visible.
of the application that must remain on the
premises for the period of time up to and
including the stated day; and
b) giving notice to the adjoining owners of all
lots adjoining the premises the subject of the
application; and
c) publishing a public notice complying with the
public notice requirements stated in the
confirmation notice.
Submissions in Support
Economic diversification The submissions emphasise the local
economic benefits and business opportunities
- Reduces the region’s dependence on
that will result from the proposed
seasonal tourism and builds economic
development.
resilience.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024
- The proposal is consistent with the
objectives of the Noosa Shire Economic
development strategy 2021-2030
- The proposal will support local
businesses such as event planners,
florist and photographers. Encourages
collaboration and connectivity between
businesses provide wider long term
economic benefits for the Noosa region.
- Promotes a more resilient and
prosperous hinterland.
Employment opportunities The submissions emphasise the potential
employment and business opportunities that
- The proposal has potential to create
could arise from the proposed development.
employment opportunities for local
residents, including event coordinators,
caters and hospitality roles.
- Opportunities to upskill employees over
time and provide opportunities for
existing businesses and employers.
- There are limited employment
opportunities in Pomona.
- Increase patronage to local businesses,
such as accommodation, restaurants and
service centres.
Environmental outcomes The submissions acknowledge that the
proposal has been designed to showcase the
- Contributes towards Noosa’s
areas nature features and protects the stie’s
environmental stewardship goals by
natural and ecological values.
fostering ecologically sustainable design
that, among other things maintains the
site’s ecological values.
- The proposal works in harmony with the
rural character and has been designed to
protect and integrate with the
surrounding landscape.
Amenity and site suitability Some of the submissions acknowledge the
site planning and reporting that has been
- Careful site planning has been
undertaken to address and minimise amenity
undertaken to address traffic and noise
impacts.
concerns.
- The marquee is to be located a minimum Notably, some submissions also acknowledge
700m from the nearest residential that the existing farming use has dust and
dwelling, thus minimising any amenity noise impacts on the area.
impacts on adjoining residents.
- Operation management plan is a
practical and sensible means of
addressing environmental impacts, noise
and rural amenity issues.
- The existing macadamia farm operation
contributes to the noise and dust during
harvesting and deshelling.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024
Planning need There are a number of submissions which
clearly emphasise the lack of any suitable
- As a caterer there is a pressing need for
facilities in the rural hinterland, particularly
such a facility in the rural hinterland, with
those that can showcase unique natural
limited options for those seeking a
landscapes.
unique, serene and picturesque setting
for their special occasion.
- Existing event venues are situated in
urban or coastal areas and the proposed
development provides an opportunity to
fill a gap in the market.
- Proposal provides increased consumer
choice, so they do not need to find
appropriate venues outside the region.
Traffic A number of submissions acknowledge that
the proposal will improve road safety due to
The proposal involves upgrades to Louis
the proposed road works for the new access.
Bazzo Rd and as such improves the level of
safety for all road users.
Noosa Brand A number of submissions acknowledge the
proposal’s positive contribution to the “Noosa
Promotes Noosa Brand
Brand” which is outlined in Council’s
Enhances Noosa reputation as a premiere Economic Development Strategy 2021-2030.
tourist destination.
5. HUMAN RIGHTS COMPATIBILITY STATEMENT
In developing this Report, the subject matter has been considered in accordance with the
requirements of the Queensland Human Rights Act 2019. It is considered that the subject matter
does not conflict with any human rights and supports a human rights approach to decision making
by Council. Council representatives will endeavour to act and make decisions under this report in
a manner that is compatible with human rights. This report should be read in conjunction with
Council’s Human Rights Policy.
6. CONCLUSION & REASONS FOR DECISION
This application is for a material change of use of premises for a function facility for the purpose of
holding functions, weddings and events.
The site is zoned Rural and is currently operating as a macadamia farm. The existing macadamia
farm will continue to operate in conjunction with the proposed use.
The proposal involves establishing a permanent marquee, with a canapes terrace and cocktails
terrace with associated car parking and manoeuvring areas adjacent to an existing waterbody.
The application meets the relevant provisions, Overall Outcomes and Purposes of the applicable
codes.
The application was referred to and approved by the State Assessment Referral Agency (SARA)
for State controlled road matters. Conditions for upgrades and sight distance are required by SARA
to ensure the safety and efficiency of Louis Bazzo Drive.
In support of the proposed development specialist reports have addressed matters relating to
noise, environmental protection, bushfire risk, stormwater management, traffic impacts and
engineering services.
The application underwent Public Notification, where 60 properly made submissions were
received. These submissions have been reviewed and the assessment manager has considered
the matters raised in their assessment.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 DECEMBER 2024
The development has been externally reviewed from a noise management perspective and
generally been assessed internally by Council’s specialist engineering and environmental officers.
From an economic perspective, Council’s Manager, Economic Development supports the
proposal.
The application is recommended for approval.
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Commercial Property
Strategy & Environment & Development & Regulation Infrastructure Services
Sustainable Development
Director X Director Director
Strategic Land Use Planning X Development Assessment Infrastructure Planning, Design
and Delivery
X Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Asset Management
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
X Waste