Delegated Report - Code - Planning 132004.5633.03

Author	Blake Coulston
Development Assessment

APPLICATION DETAILS
Application No.	132004.5633.03
Applicant	Gilliane Lewens Alan David Lewens
Proposal	Material Change of Use - Education - Type 2 School
Properly Made Date	17 November 2020
Information Request Date	15 December 2020
Information Response Date	4 May 2021
Decision Due Date	27 July 2021
Report Completed Date	27 July 2021
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	35 Rules Rd Pomona Qld 4568
RP Description	Lot 3 RP 814545, Lot 6 RP 848414
Land Area	Lot 3 RP 814545 -  1.99Ha Lot 6 RP 848414 – 21.85Ha Total = 23.84Ha
Existing Use of Land	Vipassana Education Centre

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural land Overlay Biodiversity , Waterways and Wetlands Overlay Bushfire Hazard Overlay Flood hazard Overlay Landslide hazard Overlay
Assessment Type	Other Change to Approval
PROPOSAL
The application seeks approval for an ‘Other’ change to the existing approval for a Material Change of Use - Education - Type 2 School.
The applicant provided the following reason for the proposal.
The Vipassana Centre Queensland is a non-profit charity that teaches the technique of Vipassana mediation to achieve peace of mind. The Centre currently offers 22 x 10 day courses, 1 x 20 day or 30 day courses and 5 to 6 x1 day to 3 day courses over the year. Each year approximately 1730 students attend the courses with approximately 5000 requests for courses processed. Due to increasing demand, the Centre now seeks to increase the number of students it can accommodate.
The proposal is an other change as the proposal seeks to nearly double the existing number of people that would be onsite for the education purposes. The proposal seeks approval for:
New male student accommodation – 28 persons
New female student accommodation – 25 persons
New servers accommodation building – 20 persons
New teachers accommodation building – 2 persons
Extension to meditation hall. Squaring of existing octagonal building with minor extension to floor area.
Extension to single meditation hall. New internal ring of meditation rooms within existing structure
New Mini Hall - meditation hall to cater for bilingual courses
Office upgrade and small meditation hall for local old students (off compound meditation hall)
Additional carparking
Additional water tanks
The following table shows the changes to the number of people onsite and GFA.
Accommodation type	Existing development	Proposed change	Total persons
Male accommodation	25	28	53
Female accommodation	27	25	52
Servers accommodation	0	20	20
Teachers accommodation	2	2	4
			
Total persons	54	75	129
			
	Existing GFA	Proposed GFA	Total GFA
GFA	2884m²	1867m²	4751m²
Total GFA			4751m²

The proposal also includes another 13 additional car parking spaces.
The applicant has provided the following reports in support of the development-
Traffic impact report, prepared by Civil Design Drafting; Civil & Traffic Engineering;
Bushfire Management Plan, prepared by Wollemi Eco-Logical Pty Ltd;
Fauna and Flora Assessment, prepared by Native Foresters; Native Resource management Consultants; and
Planning Report, prepared by Martoo Consulting
The locality and proposal plan are included below.

Figure 1 - Locality Plan

Figure 2 - Master plan and staging plan.

Figure 3 - Typical floor layout of new accommodation buildings

Figure 4 - office upgrade and small meditation hall
site details
Background
The original application approved by Council on 19 May 2005.
A minor change to the plans for the Annexe building was approved by a generally in accordance approval on 28 March 2018.
A minor change was approved on 19 February 2020 to include additional meditation rooms.
Surrounding Land Uses
The sites are surrounded by lots typical of a Rural residential area.
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.
State Planning Regulation 2017
In accordance with the Regulation, Education Establishments are defined as a community activity and as the proposal does not result in a gross floor area of more than 5000m², does not involve commercial or retail activity and does not provide accommodation for more than 300 persons, the application does not require referral to the SARA.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Mary River Catchment Locality Code;
Community Uses Code;
Landscaping Code;
Engineering Works Codes;
Biodiversity Overlay Code
Natural Hazards Overlay Code
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.
While the use is an inconsistent use within the Rural zone the use has been lawfully operating since 2004 without any negative impacts on the surrounding area or community. The proposal is seeking an expansion of people onsite and an increase to the development footprint.
The new buildings proposed generally fit within the existing footprint but some accommodation buildings are proposed to the perimeter of the footprint where vegetation is proposed to be removed for bushfire purposes.
The expansion of the meditation centre does not raises any concerns, however, vegetation clearing, bushfire, traffic and ALCA land is further discussed below.
Vegetation clearing and riparian buffer
Carparking
The proposal seeks to increase car parking to the north and uphill of the existing northern car park. This area is located within the riparian buffer area. There is limited works proposed as it is generally a widening of the existing internal road as a new road is proposed closer to the accommodation buildings which will also forms part of the bushfire APZ. The existing and proposed carparking is within the development footprint as other existing carparking is located further down slope. The extension will not create any additional impacts on the riparian area than that already exists.
Buildings
All clearing proposed onsite is for bushfire purposes and not as a direct result of the building placement.
The buildings are proposed generally within the existing development footprint but approximately 10 trees with a DBH> 500mm are proposed to be removed for bushfire purposes, 5 trees within the northern APZ and 5 trees within the southern APZ.
The APZ’s width is a maximum of 15m from the buildings to the north which is already cleared as part of an existing firebreak except for the 5 trees discussed above. To the south, 11m is required to be cleared where 5 trees are also proposed to be removed along with smaller under storey vegetation. The extent of the APZ is shown in Figure 5 below. All other existing and proposed buildings are located so no additional clearing is required for the buildings or for bushfire protection.

Figure 5 - Blue identifies the northern APZ and yellow identifies the southern APZ.
The whole site is a Koala Priority Area and a portion is core habitat. The proposed clearing is ‘exempted development’ under Schedule 24 – Essential Management (Part a) of the Planning Regulation 2017. It is noted that the small area of core habitat within the development footprint is already lawn and track areas and is not considered to form remnant vegetation or Koala habitat. The owners of the meditation centre are proposing to plant koala food trees at a rate of 4:1 to offset the 10 trees proposed to be removed. This offset planning area is shown in the bottom left hand corner of Figure 5 above.
Bushfire
As discussed above, minimal clearing is required for bushfire protection as shown above in Figure 5. The applicant has provided a detailed BMP which demonstrates the proposal’s compliance with the Queensland State Government Single State Planning Policy - Part E (SPP 2017); The Noosa Plan 2017, Division 9 – Natural Hazards Overlays Code; and the Australian Standard (AS 3959- 2018) - Construction of buildings in bushfire prone areas.
Traffic and car parking
Given the increase in student and teachers potentially onsite at any one time, the applicant provided a traffic impact report. The report concludes that part of Rules road is poorly maintained (by Council) but is considered to be able to safely carry the quantity of additional traffic generated by the expanded development.
The proposal is providing 62 car apes onsite which is in excess of that required by the Noosa Plan. A parking survey was undertaken while students were on a 10 day course which is indicative of the rate of car parking required. The car parking report identified that 65 car spaces are required for the expanded development. The proposal is providing 62 spaces. This raises no concerns as there is an informal overflow area where an additional 3 cars could park if necessary.
Agricultural Land Conservation Area
The land has been used for a meditation centre and the potential for agricultural use was limited since this use had commenced in 2005.
cONSULTATION
Referral Agencies
Not Applicable, however, the applicant referred the application to the Department of Natural Resources Mines and Energy on 21 August 2020. The department on 16 November 2020 determined that the expansion of the development which requires clearing of native vegetation meets the relevant requirements of Section 22A of the Vegetation Management Act 1999.
Public notification
This other change is impact assessment and therefore required to be publicly notified. The application was publicly notified for 15 days from 7 May 2021 to 31 May 2021 in compliance with section 17 and Schedule 3 of the Development Assessment Rules.
There were no objections and 61 letters of support.
While some of the submissions were from old students outside the local area where any impacts from the development would not affect those people, some submissions were from adjoining neighbours and many from the local Pomona community.
In summary, the proposal is well supported by the surrounding and local community.
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Environment Officer – Ecology/Bushfire management
Engineering Officer – Traffic/car parking
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 132004.5633.03 for an Other change to Material Change of Use - Education - Type 2 School situated at 35 Rules Rd Pomona Qld 4568 and described as Lot 3 RP 814545 and Lot 6 RP 848414, Council on 23 July 2021 decided to:
A.	Approve the Other change.
B.	Amend conditions 1, 4, 10, 14, 15, 16, 17, 18 and 20 to read as follows:
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
WD001	1.7	Site Plan, prepared by REFRESH Design	24/4/21
WD004	1.7	Site Plan Georeferenced Overlay, prepared by REFRESH Design	24/4/21
WD005	1.7	Site Plan & Aerial Overlay, prepared by REFRESH Design	24/4/21
WD006	1.7	Staging Plan, prepared by REFRESH Design	24/4/21
DA 101	1.3	Meditation Hall, prepared by REFRESH Design	16/6/20
DA 102	1.3	Roof - proposed, prepared by REFRESH Design	16/6/20
DA 103	1.3	Meditation Hall - Elevation North & South, prepared by REFRESH Design	16/6/20
DA 104	1.3	Meditation Hall - Elevation East & West, prepared by REFRESH Design	16/6/20
DA 200	1.3	Mini Meditation Hall Floor & Roof, prepared by REFRESH Design	16/6/20
DA 201	1.3	Mini Meditation Hall Elevations, prepared by REFRESH Design	16/6/20
DA 300	1.3	Stage 2_Annexe For Single Meditation, prepared by REFRESH Design	16/6/20
DA 400	1.3	Assistant Teacher Accommodation, prepared by REFRESH Design	16/6/20
DA 500	1.3	Proposed Ablution, prepared by REFRESH Design	16/6/20
DA 600	1.3	Onsite Server Accommodation, prepared by REFRESH Design	16/6/20
DA 601	1.3	Elevations, prepared by REFRESH Design	16/6/20
DA 700	1.3	Off Compound Meditation & New Office, prepared by REFRESH Design	16/6/20
DA 701	1.3	Off Compound Meditation & New Office Roof, prepared by REFRESH Design	16/6/20
DA 702	1.3	Off Compound Meditation & New Office Eleva, prepared by REFRESH Design	16/6/20
DA 703	1.3	Off Compound Meditation & New Office Eleva, prepared by REFRESH Design	16/6/20
DA 800	1.3	Under Kitchen Accommodation, prepared by REFRESH Design	16/6/20
21128	V5	Bushfire Management Plan, prepared by Wollemi Eco-Logical Pty Ltd	30 April 2021
4.  Existing trees on the site and within road reserves must be retained, except where required to be removed due to building operations or the conduct of the approved use. In this regard:
clearing of vegetation must be undertaken only in accordance with the approved Bushfire Management Plan, prepared by Wollemi Eco-logical and dated 30 April 2021 and the Fauna and Flora Assessment doc No. 190412 Rev. 1, prepared by Native Foresters and dated 25 April 2021; and
Koala offset planting at a ratio of 4:1 (off trees removed) is undertaken in the location identified on the approved plans and as part of the first stage of the expanded development.
10.	The maximum number of people to be accommodated on site is 129, which includes all teaching, caretaking and other staff.
Carparking Off Street (amended July 2021)
Carparking shall be provided within the site as shown on the approved site plans.
A minimum of 65 uncovered carpark spaces shall be provided on site including 3 informal spaces for overflow parking. The carparking must include a minimum of 1 clearly defined disabled carpark space.
The car parking area shall be designed to comply with the provision of AS2890.1-2004 for user class 1 with allowance for vehicles to enter and leave the site in a forward gear.
All car parking areas shall be kept and maintained in a condition fit for use.
The new carparking area shall be free draining and the pavement constructed to a gravel access road standard.

Vegetation Protection
20. Additional pavements within the drip zone of any of the existing trees on site to be retained shall be designed as a pervious pavement (such as grass paving cells or similar), as this will allow water that falls on this surface to penetrate to the trees root system.  The pavement shall be constructed so as not to damage the tree or their root system and in this regard temporary fencing shall be provided around the trees during construction to help protect them.
C. Include additional conditions 33 and 34 to read as follows:
33. The development must be undertaken in accordance with all aspects of the approved Bushfire Management Plan.
Staging - Additional condition July 2021
34.     The development may be staged in accordance with the approved staging plan. If staged, the development need not be completed sequentially in the stage order indicated on the Approved Plans provided that any offset planting, car parking, road access, bushfire management requirements and infrastructure services required to service the particular stage are completed/constructed with that stage.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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