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FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, RESORT COMPLEX AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS (Referred from Planning & Environment Committee dated 7 November 2023 - Item 5.4) · ATTACHMENT 2 – Development Assessment Manager’s Report

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           ATTACHMENT 2 – Development Assessment Manager’s Report
REPORT
A report was presented to Council at the Planning and Environment Committee on 11 July 2023
for a development application which seeks to develop a 106 room hotel on land within Noosa
Springs.
The report addressed a range of issues including the sites split zoning, the potential odour impacts
of the nearby sewage treatment plant, bushfire risk, ecology, carparking and built form. The
officer’s recommendation was to approve the application on the basis that the odour impacts had
been satisfactorily addressed and matters relating to bushfire, ecology, carparking and built form
had also been suitably addressed.
Three deputations were made at this meeting, the deputations were made by residents of Noosa
Springs, Unitywater and the applicant. Notably, Unitywater advised they were opposed to the
proposed development based on insufficient separation being provided to the existing sewage
treatment plant.
The matter was referred to the General Meeting dated 17 July 2023 at which time a motion was
put forward to refuse the application. The motion was successful, and the application was
recommended to be refused based on the following grounds;
General Meeting Minutes, 17 July 2023, Item 5.1, Page 3
   1. The proposed development of the subject land is inappropriate, in circumstances where:
           a. Part of the proposed land use is a resort complex, in circumstances where part of
              the subject land is outside of the urban growth boundary in Noosa Plan 2020;
           b. The proponent seeks to utilise the land for Resort Complex, which is an inconsistent
              use in the Recreation and Open Space zone;
           c. The proposed development is an overdevelopment of the land, at the expense of
              the natural values of the land and involves a reduction of land in the Recreation
              and Open Space zone;
           d. The proposed development would result in the overdevelopment of the subject
              land, at the expense of its environmental values, as it proposed that an area of
              existing open space be developed;
           e. It results in the unacceptable clearing of vegetation in an ecologically important
              area and an environmentally sensitive area;
           f.   The built form and density of the proposed development is unacceptable.
       In these respects, the proposed development is inconsistent with the following provisions
       of Noosa Plan 2020:
                  i.     Strategic Framework – 3.2.2, 3.2.5, 3.3.2(g), 3.3.1(b) and 3.3.4(b)(p);
                  ii.    Biodiversity, Waterways and Wetlands Overlay Code – 8.2.2.2(2)(a), (b)
                         and (c), Table 8.2.23 PO1, PO3, PO5 and PO12;
                  iii.   Recreation and Open Space Zone Code – 6.6.1.2(2)(a)(c)(f)(g) and(s),
                         Table 6.6.13 PO1, PO2, PO3, PO4, PO15, PO16, PO17, PO18, PO19 an
                         PO38;
                  iv.    Noosa Heads Local Plan Code – 7.2.5.2(2)(b)(e), Table 7.2.5.3 PO5,
                         PO26 and PO27
   2. It has not been demonstrated that the proposed development will not involve unacceptable
      acoustic amenity impacts, as:
           a. the acoustic impacts of plant, equipment and services associated with the proposed
              development have not been adequately assessed;
           b. if it is the case there are indeed acoustic impacts, no measures have been
              proposed to ameliorate those impacts.



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   3. The proposed development conflicts with the State Planning Policy, State interest -
      emissions and hazardous activities as it is in proximity of an existing Sewage Treatment
      Plant and risks inhibiting the sewage treatment plant from functioning safely and effectively
      due to potential reverse amenity impacts.
   4. When read as a whole, the South East Queensland Regional Plan 2017 (SEQRP) does not
      lend support to the proposed use of the land, as:
           a. the SEQRP sets a long term, 50-year vision, establishing aspirations for this region
              up to 2067. Given this, the timing and sequencing of residential developments
              occurring within the Urban Footprint is a finer grained detail, the planning for which
              is implemented through local government planning schemes;
           b. the designation of land as being within the Urban Footprint does not imply that all
              that land with that designation can be developed for urban purposes; and
           c. when assessed against Noosa Plan 2020, the proposed development is not
              suitable for urban development.
   5. Noosa Plan 2020 appropriately integrates and advances the South East Queensland
      Regional Plan 2017, as set out in section 2.2 of the planning scheme.
   6. The proposed development has failed to demonstrate a significant planning need to
      develop outside of the urban boundary, particularly at the density and intensity proposed
      and where inconsistent with the local landscape character. Nor has any overriding
      community benefit been demonstrated, which would justify approval despite its conflict with
      the planning scheme.
   7. Many valid planning grounds have been raised by submitters that the proposal represents
      an unacceptable level of impact on the amenity of the locality. Further, the development
      exceeds what a community member could reasonably expect because of the change to the
      Tourism Accommodation Zone when the Noosa Plan 2020 was advertised.
On 19 July the applicant stopped the decision-making period until 29 September 2023, as this was
done prior to prior to the Ordinary Meeting of 20 July 2023 Council was not able to decide the
application. The decision-making period recommenced on 29 September 2023.
Ordinary Meeting Minutes, 20 July 2023, Item 8.3 Page 10
That Council note the report by the Development Assessment Manager to the Planning &
Environment Committee Meeting dated 11 July 2023 regarding Application No. MCU21/0110 for a
Development Permit for Material Change of Use – Bar, Food and Drink Outlet, Outdoor Sport and
Recreation, Resort Complex at 61 Noosa Springs Drive, Noosa Heads and note that the Applicant
has stopped the current period.
The applicant has not amended the layout of the proposed development however has provided
several written submissions (ATTACHMENT 4) which have included an analysis of the
submissions made during the notification period, a letter from a solicitor reviewing the grounds of
refusal, and a further letter from the applicant’s planning consultant seeking to justify grounds to
support the development.
The applicant’s submissions include an assessment of planning need, referring to an Economic
Impact Assessment provided as part of the application material which identified a significant need
for short-term accommodation in Noosa with an estimate that, even now, there is a shortage of
683 rooms. The report also forecasts a gross regional product of $25.71M and employment for
202 people during construction. When operating, the annual gross regional product is $14.29M
and generates 159 jobs. It is noted the economic benefits of the proposal we not discussed
during the July round of meetings.

Unitywater have recently provided additional written correspondence to Council in which they
maintain the position that they do not support the development in its current location.
The officer recommendation remains in support of the application. During the July General
Committee Meeting it was identified that the proposed condition requiring guests to be advised of
the potential for odour from the sewage treatment plant may influence guests’ perception of the
presence of odour, and result in unsubstantiated odour complaints. In this regard, it is
recommended that condition 13 of the original recommendation be deleted.

                                                                                       Page 2 of 5

Page 3

The grounds of refusal resolved at the General Committee Meeting dated 17 July 2023 have been
reviewed by Council’s legal representatives and have been refined as follows:
1.   The proposed development has failed to demonstrate a significant planning need to develop
     outside of Noosa Plan 2020's urban boundary, particularly at the density and intensity
     proposed and where inconsistent with the local landscape character. Nor has any overriding
     community benefit been demonstrated, which would justify approval despite its conflict with
     the planning scheme.
2.   Many valid planning grounds have been raised by submitters that the proposal will result in
     an unacceptable impact on the amenity of the locality. Further, the development exceeds
     what a community member could reasonably expect because of the change to the Tourism
     Accommodation Zone when the Noosa Plan 2020 was advertised.
3.   The proposed development of the subject land is inappropriate, in circumstances where:
     a.    The proposed development seeks to develop land as a resort complex, in
           circumstances where part of that land is located outside of the urban growth boundary
           in Noosa Plan 2020;
     b.    The proponent seeks to utilise the land for Resort Complex, which is an inconsistent
           use in the Recreation and Open Space zone;
     c.    The proposed development is an overdevelopment of the land, at the expense of the
           natural values of the land and involves a reduction of land in the Recreation and Open
           Space zone;
     d.    The proposed development would result in the overdevelopment of the subject land, at
           the expense of its environmental values, as it is proposed that an area of existing open
           space be developed;
     e.    The proposed development would result in unacceptable clearing of vegetation in an
           ecologically important and environmentally sensitive area;
     f.    The built form and density of the proposed development is unacceptable;
     g.    The proposed development will involve unacceptable bushfire risk to people and
           property in circumstances where:
           i.     the development has not taken into consideration the impact on adjoining or
                  nearby residential communities and the capacity of SES to evacuate persons in
                  case of fire, and
           ii.    The development will unduly burden disaster management response or recovery
                  capacity and capabilities.
           In these respects, the proposed development is inconsistent with the following
           provisions of Noosa Plan 2020:
           i.     Strategic Framework – 3.2.2, 3.2.5, 3.3.2(g), 3.3.1(b) and 3.3.4(b)(p);
           ii.    Biodiversity, Waterways and Wetlands Overlay Code – 8.2.2.2(2)(a), (b) and (c),
                  Table 8.2.23 PO1, PO3, PO5 and PO12;
           iii.   Recreation and Open Space Zone Code – 6.6.1.2(2)(a)(c)(f)(g) and(s), Table
                  6.6.13 PO1, PO2, PO3, PO4, PO15, PO16, PO17, PO18, PO19 and PO38;
           iv.    Noosa Heads Local Plan Code – 7.2.5.2(2)(b), (e) and (f) Table 7.2.5.3 PO5,
                  PO26 and PO27;
           v.     Bushfire Hazard Overlay Code – 8.2.3.2(2)(b) and (e)
4.   It has not been demonstrated that the proposed development will not result in unacceptable
     acoustic impacts on the amenity of the locality, as the acoustic impacts of plant, equipment
     and services associated with the proposed development have not been identified but not
     adequately assessed nor have appropriate measures been proposed to address the
     identified impacts.




                                                                                       Page 3 of 5

Page 4

5.    The proposed development conflicts with the State Planning Policy, State interest -
      emissions and hazardous activities as it is in proximity of an existing Sewage Treatment Plant
      and risks inhibiting the sewage treatment plant from functioning safely and effectively due to
      potential reverse amenity impacts.
6.    When read as a whole, the South East Queensland Regional Plan 2017 (SEQRP) does not
      lend support to the proposed use of the land, as:
      a.    the SEQRP sets a long term, 50-year vision, establishing aspirations for this region up
            to 2067. Given this, the timing and sequencing of residential developments occurring
            within the Urban Footprint is a finer grained detail, the planning for which is
            implemented through local government planning schemes;
      b.    the designation of land as being within the Urban Footprint does not imply that all that
            land with that designation can be developed for urban purposes; and
      c.    when assessed against Noosa Plan 2020, the proposed development is not suitable
            for urban development.
CONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers:
•     Senior Environment Officer
•     Coordinator Development Engineering
Other Referrals
The application was forwarded to the following external experts for review and/or comment:
•     Bushfire
•     Hydraulic Engineer
•     Traffic consultant
•     Acoustic consultant
•     Odour consultant
CONCLUSION & REASONS FOR DECISION
A report for this application was presented to Council at the Planning and Environment Committee
on 11 July 2023 for an application which seeks to develop a 106-room hotel on land within Noosa
Springs.
The report addressed a range of issues including the sites split zoning, the potential odour impacts
of the nearby sewage treatment plant, bushfire risk, ecology, carparking and built form. The
officer’s recommendation sought to approve the application.
The matter was referred to the General Meeting dated 17 July 2023 at which time a motion was
put forward to refuse the application. The motion was successful, and the application was
recommended to be refused.
On 19 July the applicant stopped the decision-making period until 29 September 2023, as this was
done prior to prior to the Ordinary Meeting of 20 July 2023 Council was not able to finalise a
decision on the application. The decision-making period recommenced on 29 September 2023.
The applicant has not amended the layout of the proposed development however has provided
several written submissions which have included an analysis of the submissions made during the
notification period, a letter from a solicitor reviewing the grounds of refusal, and a further letter from
the applicant’s planning consultant further justifying the development.
The officer’s recommendation remains in support of the development, it is recommended the
condition requiring guests to be advised of the potential for odour from the sewage treatment plant,
be deleted.


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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         Procurement
                                                                       Commercial Property
      Strategy & Environment               Development & Regulation     Infrastructure Services
     Director                          X   Director                    Director
 X   Strategic Land Use Planning       X   Development Assessment      Infrastructure Planning, Design
                                                                       and Delivery
     Economic     Development      &       Local Laws                  Civil and Asset operations
     Destination Management
     Environmental Services                Environmental Health        Waste
     Innovation & Digital Hub              Building & Plumbing         Building & Facilities
                                           Property / Permits          Disaster Management




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