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132003.220886.3 - Response to Council's FA

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11th March 2022

Our Ref: 2363
Council’s Ref: 132003.220886.3

Noosa Shire Council
The Chief Executive Officer
9 Pelican Street
Tewantin QLD 4565
Via email: [email protected]


ATTENTION: Georgina Schramm


Response to Council’s Further Advice – Change to the Conditions specified within the Decision
Notice (Minor Change)

Noosa Yacht and Rowing Club
Chaplain Park, Gympie Tce, Noosaville 4566
Lease area – Lot 166 on MCH 839217


Dear Georgina,

In relation to the abovementioned property and development application (132003.220886.3), on behalf of
Noosa Yacht and Rowing Club, we hereby submit the following information as requested in Council’s Further
Advice dated 28th January 2022.

In accordance with section 13.2 of the Development Assessment Rules, we wish to advise that the applicant
is providing all of the information requested.

The following attachment is enclosed within this response:

         • Attachment 1 – Vehicle, Marine Craft and Motorcycle/Scooter Parking Plan prepared by RG
            Strategic.


Information Required by Council

The original development permit was for the purpose of Indoor and Outdoor Entertainment, Boat Ramp and
Jetties. Under the Noosa Plan 2020 the use is considered to be Club and Outdoor Sport and Recreation. It is
noted that the approved parking areas and parking rates under the previous permits are occupied by
boats and associated equipment.



RG Strategic                                                     PO Box 1818        07 5474 3873
                                                                 Noosa Heads        [email protected]
                                                                 QLD 4567           rgstrategic.com.au
Full text of the other 6 pages

Page 2

The proposed use incurs additional car parking spaces in accordance with the Driveways and Parking
Code, Table 9.4.1.4.
1.       Outline and identify on a plan the number of car parking spaces dedicated to boat storage, staff and
         customer parking.

2.       Provide additional documentation to demonstrate compliance with the Driveways and Parking Code,
         Table 9.4.1.4 of the Noosa Plan i.e. one space per 20m² of use area.


Applicant’s Response

The development application lodged to Noosa Council was for a Minor Change to the Conditions specified
within the Decision Notice 132003.220886.2, dated 26 May 2014. The uses approved by the Decision Notice
are Indoor and Outdoor Entertainment, Jetties and Boat Ramp.

The Minor Change development application relates specifically to these approved uses and the definitions
as listed in the Decision Notice. Whilst Council can consider the intent of Noosa Plan 2020’s, Council cannot
change the approved uses and their definitions for the purposes of a Minor Change development
application. The development application lodged is seeking to amend (Minor Change) the Conditions
specified in the Decision Notice. No new uses are proposed and thus no new uses or their definitions are
relevant to this change application.

The Noosa Yacht and Rowing Club (NYRC) has a long history and acceptance by Council with the car
parking area being utilised for vehicle and marine craft parking. The NYRC, with the ability to store their
craft in the car park, provides a large range of community-based activities. The NYRC sailing programs
deliver sailing to more than 300 children and adults each week. The use of the car park has never been an
issue raised by Council previously.

In response to the advised required by Council :-

1.   Refer to Attachment 1 which identifies the vehicle, marine craft and motorcycle/scooter parking spaces
     available on site. There are 45 x vehicle and marine craft parking spaces and 2 x motorcycle/scooter
     parking spaces on site.

2.   As stated above, compliance against the Noosa Plan 2020 and Driveways and Parking Code is not
     relevant. The development application lodged to Council was for a Minor Change to the Conditions
     contained within the Decision Notice. The proposed amendments specially related to Condition 1 and
     Condition 4, and the assessment of the proposed amendments is to be against the Decision Notice and
     the planning scheme in effect (Noosa Plan 2006). No new uses are proposed, and the proposal does not
     result in a substantially different development.

     Nonetheless, the PO6 of the Driveways and Parking Code (Parking and Manoeuvring Table 9.4.1.3) of the
     Noosa Plan 2020 states the following:

             Sufficient parking
             (a) is provided having regard to the specifics of the use including—
                 (i)     the type and intensity of land use;

                                                                     PO Box 1818        07 5474 3873
                                                                     Noosa Heads        [email protected]
                                                                     QLD 4567           rgstrategic.com.au

Page 3

                (ii)        any existing parking available on the site;
                (iii)       hours of operation;
                (iv)        likely numbers of users;
                (v)         accessibility to the site by means other than private motor vehicle;
                (vi)        the peak parking demand periods of uses on the site; and
                (vii)       the availability of alternative car parking; and
            (b) is provided to accommodate the number and type of vehicles and motorcycles likely to be
                generated by the development.

Aerial photographs of the NYRC are provided in Figures 1 to 6. These images are taken from March 2021 to
November 2021. For historical reference, an aerial from September 2015 is also included. As demonstrated in
the aerials, as well as in Table 1 below, consistently there are numerous spaces available for the parking of
vehicles or marine craft at the NYRC.

The aerials demonstrate that there is sufficient parking for the type and intensity of land use, and therefore
demonstrates compliance with PO6 of the Driveways and Parking Code.


Table 1: Parking Spaces Available at NYRC

   Reference                     Date of Aerial Photograph                  Number of Parking Spaces Available

                                                                       12 x spaces available
 Figure 1               Saturday 13/11/2021
                                                                       1 x motorcycle/scooter spaces available
                                                                       13 x spaces available
 Figure 2               Friday 10/9/2021
                                                                       2 x motorcycle/scooter spaces available
                                                                       11 x spaces available
 Figure 3               Monday 5/7/2021
                                                                       2 x motorcycle/scooter spaces available
                                                                       17 x spaces available
 Figure 4               Saturday 8/5/2021
                                                                       2 x motorcycle/scooter spaces available
                                                                       10 x spaces available
 Figure 5               Friday 26/3/2021
                                                                       2 x motorcycle/scooter spaces available
                                                                       14 x spaces available
 Figure 6               Wednesday 2/9/2015* historical for reference
                                                                       2 x motorcycle/scooter spaces available



Reiterating the information contained within the planning report submitted to Council (as part of the Minor
Change development application), the results of the survey undertaken by the NYRC demonstrate
compliance with PO6 of the Driveways and Parking Code:

        Noosa Yacht and Rowing Club undertook a survey (powered by SurveyMonkey) to understand
        patron travel/transport behaviour. The survey was conducted over a 6 week period from 13
        September to 25 October 2021 with an excellent 181 responses to 4 survey questions. The survey
        results are provided as Appendix B.

        In summary, 65% of patrons use alternate transport modes, being carpooling, ride share,
        walk/bicycle and public transport as shown below in Figure 3. The transport behaviour of patrons to
        the club by alternate means of transport significantly reduces the demand for car parking. To put
        this into context, 40m² of use area, using a 1 per 20m² calculation, 2 car spaces are required.
        However, only 35% of the customers are using single vehicle trips, which means a demand of 0.7

                                                                          PO Box 1818       07 5474 3873
                                                                          Noosa Heads       [email protected]
                                                                          QLD 4567          rgstrategic.com.au

Page 4

         of a car space triggered. This <1 space is negligible and minor in nature. The existing carparking
         situation has been operating for many years and works.

The proposal seeks an additional 40m² of Use Area without providing any further car parking spaces. The
additional 40m² will not create any additional car parking demand. Importantly, should Council require
additional carparking, landscaping and vegetation is required to be removed to provide any additional
spaces




  Figure 1: Nearmaps Aerial Saturday 13th November 2021   Figure 2: Nearmaps Aerial Friday 10th September 2021




     Figure 3: Nearmaps Aerial Monday 5th July 2021         Figure 4: Nearmaps Aerial Saturday 8th May 2021




                                                                    PO Box 1818         07 5474 3873
                                                                    Noosa Heads         [email protected]
                                                                    QLD 4567            rgstrategic.com.au

Page 5

     Figure 5: Nearmaps Aerial Friday 26th March 2021   Figure 6: Nearmaps Aerial Wednesday 2nd September 2015




Information Required by Council


The increase use area associated with the food and drink outlet aspect of the Club is not in alignment with
the Recreation and Open Space Zone of the Noosa Plan.
3.      Demonstrate how the increase of use area for dining complies with the purpose and overall outcomes
        of the Recreation and Open Space Zone.

        This may include reference to:

        •       how the extension supports the ongoing use of the land for recreation purposes and remains
                ancillary to the recreational uses.


Applicant’s Response

Firstly, it is important to note that the NYRC has been established on the site circa 1992 since its approval and
as such as existing use rights whether they are consistent or inconsistent with the zone. Secondly, as stated
above, compliance against the Noosa Plan 2020 is not relevant as no new uses are proposed. This
development application for a Minor Change specifically relates to the approved use and Conditions
specified within the Decision Notice.

The proposal is a Minor Change and is consistent with the intent of the original approval.

Noting the above, the relevant sections of the Purpose and Overall Outcomes of the Recreation and Open
Space Zone Code (Noosa Plan 2020) are listed below.

        (h) Clubhouses are considered where co-location with other clubs is not viable and the facility
        supports the ongoing use of the land for recreation purposes;
        (n) Limited other uses such as food and drink outlets and periodic markets are ancillary to recreation
                                                                     PO Box 1818        07 5474 3873
                                                                     Noosa Heads        [email protected]
                                                                     QLD 4567           rgstrategic.com.au

Page 6

        uses and support the use and enjoyment of open space;
        (q) Development is supported by transport infrastructure designed to provide and promote safe and
        efficient public transport use, walking and cycling.
        (r) Development does not adversely impact on the Shire’s environmental values or reduce the quality
        of recreational experiences provided by land or waterways within this zone;
The proposed Minor Change is consistent with the above outcomes for the Zone Code:

    •   The NYRC supports the ongoing use of the land (and river) for recreational purposes.

    •   The NYRC sells food and drink ancillary to the recreational uses (sailing lessons and programs for all
        ages.

    •   The NYRC is located adjacent to a public car park where footpaths, car parking, bicycle and
        motorcycle parking is freely available. As demonstrated above, the NYRC has sufficient car parking
        to meet the needs of the NYRC.

    •   The NYRC provides a large range of community-based activities and delivers sailing to more than
        300 children and adults each week.

    •   The NYRC are proposing to remove the gaming/poker machines which results in a real benefit to the
        community.

    •   The NYRC provides essential community infrastructure contributing to the social fabric of Noosa and
        is the only facility in Noosa which provides sailing and rowing on the River front.



This ends my client’s response to matters raised by Council within their Information Request.

We ask that Council proceeds with the assessment of this application under section 13.3 of the Development
Assessment Rules, effectively ending our applicant’s response period.

Should you require any additional information or have any queries please to not hesitate to contact us.



Kind Regards,




Russell Green APIA MQELA
Managing Director
RG Strategic




                                                                     PO Box 1818        07 5474 3873
                                                                     Noosa Heads        [email protected]
                                                                     QLD 4567           rgstrategic.com.au

Page 7

STRATEGIC SOLUTIONS,
CREATIVE THINKING

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