Delegated Report - Code - Planning MCU22 0169

Author	Development Planner, Georgina Schramm
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0169
Applicant	Noosa Women's Shed
Proposal	Material Change of Use - Community use
Properly Made Date	12 October 2022
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Referral Response	Advice Agency – Energex 8 November 2022
Decision Due Date	13 December 2022
Report Completed Date	14 December 2022
Report Reviewed By	Nadine Gorton 14.12.2022

PROPERTY DETAILS
Property Address	Wallum Lane Noosa Heads Qld 4567
RP Description	Lot 17 SP 239726
Land Area	8.6 hectares (lease area approximately 5,500m2)
Existing Use of Land	Sewerage Treatment Plant, Community Use (Men’s Shed)

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Zone	Community Facilities
Precinct	Not Applicable
Local Plan Area	Noosa Heads Local Plan
Overlays	Acid Sulfate Soils Bushfire Hazard Landslide Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Community use (Women’s Shed).
The applicant seeks approval to build two (2) buildings on the northern side of the Access Easement which divides Lot 17 SP239726 from the treatment plant and the undeveloped portion of the lot south of Eenie Creek Road.
Building 1 is for the purpose of an office, amenities, kitchen and meeting room.
Building 2 is for the purpose of metal work, woodwork, craft and alike
The total gross floor area is 300m2.
Clearing of vegetation will be necessary for the proposed use, however it is not clear to what extent of clearing will be necessary for building works. The vegetation to be cleared is not mapped under the Noosa Plan 2020 and is predominately wattle species. It is noted that there is limited cleared area within the lease area for development.
Non-compliance with the Planning Scheme:
AO18.2 of the Zone Code - The maximum length of wall in one plane is 30 metres.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan / Elevations
Figure 3 – Aerial Imagery of Location of Easement

Figure 4 – Location of Easement

Figure 5 – Site Visit – Looking West Along Access Easement

Figure 7 – Looking at Building Area from Internal Access (1)

Figure 8 - Looking at Building Area from Internal Access (2)

Figure 9 – Looking at Site from Treatment Plant / Men’s Shed

Figure 10 – Lease Area
site details
Background
The site concurrently operates as a Sewerage Treatment Plant and Community Use (Noosa Men’s Shed). The Men’s Shed located on the southern side of the Access Easement was originally approved on 24 November 2014 and has undergone 3 minor change applications since the original development permit (Ref. MCU14/0082).
Site Description & Surrounding Land Uses
The subject lot is divided by an Access Easement in favour of the rear adjoining lot and contains the Sewerage Treatment Plant and Noosa Men’s Shed. Lot 17 SP239726 is 8.6 hectares in size and has an Energex Easement which traverses a portion of the lot.
The proposed lease area is as per Figure 10, and is an approximate area of 5,500m2.
assessment
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Community Facilities Zone Code;
Noosa Heads Local Plan Code;
Community Activities Use Code;
Works Codes.
The subject site is located in Noosa Heads and is zoned Community Facilities. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
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 metres	2 storeys max 8 metres	1 storey 5.4 metres	
Site cover	50% max	< 50%	
Gross floor area	1,000m² max	300 m²	
Boundary setbacks Frontage Side Side	6 metres min 3 metres min 5 metres min	< metres < metres < metres	
Length of wall	30 metres max	31 metres	X
Carparking	1 space/20m2	15 spaces	
Bike Spaces	6 bicycle spaces 3 motorcycle spaces	TBC	

AO18.2 The maximum length of wall in one plane is 30 metres.

PO18 Buildings and other structures:
are fit for purpose and respect the scale of surrounding development;
do not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site;
maintains natural site characteristics where possible, including native vegetation and natural landforms;
allows for adequate area at ground level for landscaping and site facilities; and
facilitates onsite stormwater management and vehicular access.

The main building for use has a wall length of 31 metres in lieu of 30 metres. This is a minor exceedance. The location of the building is not highly visible from Wallum Lane or Eenie Creek Road. The exceedance of 1 metre is not considered detrimental to the amenity of the building. The area between the proposed buildings and easement area will be conditioned to be planted with vegetation to provide screening and maintain a natural setting. Conditions will be imposed for the built form to be provide greater variation which will subsequently provide interest to the building and the development does not conflict with the Performance outcome.

Built Form
AO24.1 Buildings incorporate horizontal and vertical articulation.

AO24.2 Elevations are no longer than 15 metres without articulation of at least 0.75 metres and present subtle changes in textures and materials to break up building facades.

AO24.3 Buildings incorporate:
variations in plan shape, such as steps, recesses, projections or splays;
variations in the vertical profile, with steps or slopes at different levels;
variations in the treatment and patterning of windows, sun protection and shading devices, or other elements of a façade treatment at a finer scale than the overall building structure;
balconies, verandas or terraces; and
planting, particularly on podiums, terraces, and low level roof decks or incorporate other landscape elements such as green walls.

AO39 Buildings or structures that are visible from and accessible from a public street or laneway—
avoid the use of solid fences and blank walls which attract graffiti or where solid blank surfaces are unavoidable, employ measures in the form of landscaping, creepers, murals, vandal resistant paint;
with windows at ground level use measures that deter break and enters; and
are constructed to be vandal and graffiti proof.
Detail of materials and finishes have not been provided with the application and therefore appropriate conditions will be imposed for greater detail to be provided prior to the issuing the permit for building works. The development will be conditioned to comply.
cONSULTATION
Referral Agencies
The applicant was referred to the following Advice Agencies:
Energex Limited
The Department is a referral agency for Material Change of Use of premises subject to an easement for electricity infrastructure.
The Department has responded advising that should the Assessment Manager decide to approve the proposed Material Change of Use, as an Advice Agency for the Development Application, Energex advises that Advice Agency response be provided as an attachment to the development permit.
Internal Council Referrals
Development Engineer
The proposed development is for the Women’s Shed located within the Sewerage Treatment Plant, Wallum Lane. The subject site is to be located via an existing internal road with low traffic flow. Engineering had concerns regarding visibility of vehicles exiting the subject site to the right. A parabolic mirror was proposed to aid in ensuring the proposed access was safe for all road users. Engineering believes that the proposed development can achieve relevant compliances and recommend the following conditions:
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU22/0169 for a Material Change of Use - Community use situated at Wallum Lane Noosa Heads Qld 4567 and described as Lot 17 SP 239726, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0169
Street address:	Wallum Lane Noosa Heads Qld 4567
Real property description:	Lot 17 SP 239726
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Community use (Women’s Shed)
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
SK1	B	Noosa Women’s Shed Site Plan and Elevations prepared by applicant	14 September 2022
SK1	A	Noosa Women’s Shed Site Plan prepared by Tod Consulting Engineers (annotated by Council)	14 September 2022
SK4	-	Aerial prepared by Tod Consulting Engineers	9 November 2022
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Building Works. *(Refer to Advisory Note)
Nature and Extent of Approved Use
The approved Community Use (Women’s Shed) is comprised of two (2) buildings for the purpose of the use of the premises for –
providing artistic, social or cultural facilities or community services to the public; or
preparing and selling food and drink, if the use is ancillary to the use in paragraph (a).
Currency Period
This development approval lapses if the use has not happened by 19 December 2028, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 6 metres above the finished ground level and the natural ground level.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each lot the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Building Appearance
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
The proposed buildings are to incorporate horizontal and vertical articulations, and provide subtle changes in textures and materials to break up building facades. Such detail is to be submitted to the Development Assessment Manager prior to the issue of Building Approval, as per Condition 3.
The buildings are to avoid solid blank surfaces, and are to incorporate measures such as windows, landscaping and vandal resistant paint to deter graffiti (in particular reference to the northern elevations of the building/s. Such detail is to be submitted to the Development Assessment Manager prior to the issue of Building Approval as per Condition 3.
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Rehabilitation & Landscaping
Existing trees on the site must be retained, except where required to be removed to accommodate the approved building. In this regard, the removal of vegetation must not extend beyond 10 metres of the building footprint or otherwise required to achieve the relevant Bushfire Attach Level (BAL) for the premises. Prior to tree removal, a detailed Landscaped Plan is to be provided to the Manager Development Assessment for approval.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Koala food trees are to be planted in lieu of vegetation cleared on the site in accordance with the Noosa Plan 2020 PSP2 Landscpaing Policy. A minimum of six (6) trees are to be planted.
Screening vegetation must be planted between the proposed buildings and easement area in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping.  The planted vegetation must consist of native, endemic species with a mature height to effectively screen the proposed buildings from the nearby public walkway.
In addition to the planting of screening vegetation, Koala food trees are to be planted in lieu of vegetation cleared on the site in accordance with the Noosa Plan 2020 PSP2 Landscaping Policy. A minimum of six (6) trees are to be planted.
Site Specific Conditions
A parabolic mirror must be installed on the eastern side of the existing entrance to the Noosa Men’s Shed site. The parabolic mirror must enable vehicles turning right from the subject site to have a clear, unobstructed view of any potential oncoming traffic from the west. The parabolic mirror must be installed generally in accordance with the approved plans within this Decision Notice; location to be determined on site.
Site Access and Driveways
An access driveway must be provided Wallum Lane to all parking and manoeuvring areas of the development. The works must be undertaken generally in accordance with the approved plans within this Decision Notice and Noosa Council’s standard drawing RS-051 and any associated addendum.
Car Parking
A minimum of 15 car parking spaces must be provided and marked on the site, and made available and accessible at all times while the use is open for business. The works must be undertaken generally in accordance with the approved plans within this Decision Notice and must include in particular:
disabled parking space/s within the total
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors to the car parking spaces provided on site.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Advice	Energex Limited Town Planning GPO Box 1461 BRISBANE QLD  4001	Schedule 10, Part 9, Division 2 of the Planning Regulation 2017	The agency provided its response on 8 November 2022 (Reference No. HBD 7661677). A copy of the response is attached.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Services
Connections to the urban services (electricity, telecommunication, water and sewer) must be provide to the development in accordance with the standards and requirements of the relevant service provider.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plan/s to Council with amendments. Please address the amended plan/s to Council’s Development Assessment Branch with the Reference No. MCU22/0169. However, should the plan/s not be submitted, the applicant is advised that a Preliminary Approval may be issued in lieu of a Development Permit.
Prestart Request
Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Vegetation Clearing.
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at www.noosa.qld.gov.au or at Council Offices.

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Plan showing the Licensed Area