Council Report MCU18 0097 · MCU18/0097

MCU18/0097 – development application for material change of use for education type 2 school (car park) at 115 Eumundi Noosa rd, noosaville

Document information

Author	Development Planner, Billy Glover
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU18/0097

Attachments	1.	Car Park Layout Plans
2.	Landscape Plans
3.	Site Master Plan

APPLICATION DETAILS
Applicant	Good Shepherd Lutheran College
Proposal	Material Change of Use - Education - Type 2 School (Car Park)
Properly Made Date	18 June 2018
Information Request Date	16 July 2018
Information Response Date	8 November 2018
Decision Due Date	25 February 2019
Number of Submissions	0

PROPERTY DETAILS
Property Address	115 Eumundi Noosa Rd Noosaville Qld 4566
RP Description	Lot 30 SP170751 Lot 1 SP228052
Land Area	5,019m²
Existing Use of Land	Vacant/School

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Natural Hazard (Acid Sulfate Soils)
Assessment Type	Impact

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 6 August 2019 regarding Application No. MCU18/0097 for a Development Permit for Material Change of Use - Education - Type 2 School (Car Park) situated at 115 Eumundi Noosa Rd, Noosaville and:
A.	Approve the application in accordance with the following 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.
Approved Plans
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
P004	G	Proposed Car Park Layout, drawn by Odyssey Consulting Group	17.06.19
K4277	6	Pick-up / Drop-off Layout Plan, drawn by Odyssey Consulting Group	17.06.19
P007	G	Stormwater Management Plan	17.06.19
Nature of Approved Use
The car park must remain and operate as part of the Good Shepard Lutheran College.
Land Amalgamation
All properties the subject of the development must be amalgamated, prior to the commencement of the use.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
ENGINEERING
Traffic
The traffic layout is to be as designed, constructed and operated as shown on Odyssey Consulting Group drawing numbers K4277 P004 G and P013 6, modified / clarified as follows:
The parking layout is to comply with the requirements of the AS/NZS 2890 series of Australian Standards.
On school days prior to 4.00pm, the new large parking area is to be used for staff parking only.  The applicant is to submit a parking management plan for the approval of Council detailing how use of that parking area will be managed to achieve that outcome, including boom gate locations, means of accessing through the boom gate/s, signage detailing operation, etc.
The existing bus zone in the Walter Hay Drive parking area (closest to the campus) is to remain for bus use only. Cars are to be prohibited from usage of the bus zone area and signage must be installed to ensure that outcome. The details of the signage must be included in the required Operational Works application. To be clear, only buses are to be permitted to use or travel through the existing bus zone and cars are to be prohibited.
External Works
The existing property access in the Eumundi Noosa Road frontage of the site must be wholly removed as part of these works. The works must also include the reinstatement of the kerb, footpath and verge area to match the adjacent areas of the road reserve, including the provision of topsoil and turf.
Site Access
A suitable sealed access must be provided from the school’s service road to the carparking area and be generally in accordance with drawing number P004 Revision G – Proposed Car Park Layout” prepared by Odyssey Consulting Group dated 17 June 2019. The works must be undertaken in accordance with an Operational Works approval and must include in particular suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety.
Car Parking
The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number P004 Revision G – Proposed Car Park Layout” prepared by Odyssey Consulting Group dated 17 June 2019. The works must include in particular:
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890.1:2004 Parking Facilities for the relevant user class
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 for the relevant users and/or vehicle types that may access the site.
Pedestrian Facilities
Pedestrian facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a concrete pedestrian pathway on the western side of the school’s access road connecting the existing pathway in Walter Hay Drive to the internal school pathway network
pedestrian pathways within the proposed car parking area and connections to the internal school pathway network
clear demarcation by pavement marking, signposts or changes in surface materials or levels
Stormwater Drainage
The application for Operational Works Stormwater Drainage must be supported by detail design plans that demonstrate that the development shall be constructed generally in accordance with the Conceptual Stormwater Management Plan for Proposed Carpark Lot 30 on SP170751 115 Eumundi Noosa Road, Noosaville, Revision E By Odyssey Consulting Group dated 18 June. Except as amended below:
The detention tank parameters must be amended to separately detain waters from each catchment for subsequent treatment and discharge to the filter media surface of the respective bio retention basins.
The Operational Works application for the development must demonstrate that the active filter media surface areas of the bio retention basins are 34m2 and 13m2 respectively. The active filter media area does not include footprints occupied by inlet scour protection or the riser pit.
Non- aggressive root system tree species such as Banksia robur may be planted on the batters of the bio retention basins, but not within the active filter media area of the bio retention basins.
That construction shall be managed in accordance with Table A  Appendix 2 of the State Planning Policy including for construction areas in excess of 2500m2 to be treated through sediment basins capable of treating 80% of the average annual runoff from the site to 50mg/L Total Suspended Solids.
Signage in accordance with Noosa Design Guidelines must be visible within the Bio-retention basins and state: This bio retention basin polishes stormwater prior to discharge to Noosa River and provides habitat for animals.
The bio retention basins must be maintained in accordance with the Water by Design Guidelines for Maintaining Vegetated Stormwater Assets and maintenance records must be made available to Council on request.
Prior to commencement of use, the applicant must demonstrate to Council how the Water by Design Guidelines for Maintaining Vegetated Stormwater Assets are referenced in the Good Shepard Lutheran maintenance protocol/ strategy to ensure ongoing maintenance of the bio retention basins.
Earthworks and Retaining Walls
All earthworks must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
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.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
the works generally shown on the approved plans except where amended by the conditions contained herein:
Provision of additional 100L shade trees in carparks 47, 28, in the areas between carpark 93 and 72, 81 and 60, as numbered on Odyssey drawing P004 Rev G dated 17-06-19.
100L shade trees within the carpark areas must be local native species.
Provision of a minimum of 5m3 structured suitable soils for each carpark tree.
Any landscape plan must accurately show the locations of structures, including water quality devices, retaining walls, lighting and underground services.
The existing trees shown on the approved plans located at the frontages of the site and in the road reserve must be retained in accordance with an Arborist Report (or part thereof) prepared by a qualified person* and endorsed through an Operational Works approval.
*(Refer to Advisory Note)
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Electricity Infrastructure – Adjoining Substation Site
Mature plants or trees must not grow in excess of 3.5 metres in height and maintain a sufficient buffer at the boundary to minimise overhang into the adjoining substation site.
The proposed development must ensure that stormwater and drainage are managed to ensure no worsening to adjoining electrical infrastructure.
B. 	Find the following matters relevant to the assessment and sufficient reason to approve the application:
The Industry zoned site adjoins a sensitive land use (school) and is stand-alone and isolated from surrounding industrial land in the area, being separated by the major road network. The proposed development is more compatible and appropriate with the adjoining school in comparison to an industrial development.
The proposed development will formalise the existing use of the land and assist in addressing the demand for on-site car parking of the existing school development.
Lot 30 SP170751 is the only vacant private freehold site adjoining the existing school and presents a logical expansion of the school.
C. 	Advise the applicant that any proposed layout (as indicated in the submitted masterplan – Attachment 3) which seeks to move the primary vehicle access to the site from the Goodchap Street roundabout to Walter Hay Drive and fails to provide an appropriate internal link between the existing and proposed car park areas, is considered to result in a highly undesirable traffic outcome and is unlikely to be supported by Council as a result.
D.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks approval for a Development Permit for Material Change of Use for Education Type 2 School (Car Park).
The new car park is proposed on a vacant parcel of land at 115 Eumundi Noosa Road (Lot 30 SP170751), adjoining the Good Shepherd Lutheran College. The proposal also includes a redesign of the existing car park and bus set down area at the southern end of the existing school campus (Lot 1 SP170751), to accommodate the access and egress for the proposed new car park.
The application as lodged proposed the following:
The proposal will provide for additional carparking for Good Shepherd Lutheran College. The carpark will provide for 142 carparks and is to largely cater for staff of the school and students driving themselves. The carpark will also provide for overflow parking for large parent events. No pick-up and drop-off of students is proposed to occur on this site. No built form is proposed. Vehicles will enter and exit the site from Eumundi Noosa Road, via the existing crossover.
Following discussions with the applicant’s consultant, the proposal was revised to provide car parking for staff only on typical school days, although will be accessible for students and parents during occasional school events. The revised proposal plans now include a total of 153 car parks.
The locality and proposal plans are included below.
Figure 1 – Locality Plan

Figure 2 – Proposed Car Park Layout

Figure 3 – Proposed Car Park Landscape Plan

Figure 4 – Proposed Car Park Landscape Plan

Figure 5 – School Master Plan
site details
Background
A number of development applications exist over the site. An overview of the site history is included below.
Development Applications	Decision
MCU17/0073	Wellbeing Type 3 Worship	Approved
05/0355	Change to Existing Approval – new temporary administration building and classroom	Approved
REC15/0022	Reconfiguration of a lot	Approved
MCU15/0095	Vehicle Uses Type 5 – Service Station & Retail Business Type 2 Shop	Refused
07/1466	Education Type 1 - Childcare	Approved
05/0355	Change Relevant Period, Change to Development Approval, Condition to a Condition of Approval	Approved
05/0355	Extension to Educational Establishment	Approved
23134 DA	Educational Establishment, Place of Worship & Industrial Uses with Staged Lot Reconfiguration	Preliminary approval
Site Description
The site comprises two parcels of land (Lot 30 SP170751 & Lot 1 SP228052) both known as 115 Eumundi Noosa Road. The smaller 5,014.04m2 vacant parcel of land, Lot 30 SP170751, is to be used for the new proposed car park and is currently informally used for car parking during events, and staff and parent parking. The larger 56,755.06m2 parcel of land contains the existing Good Shepard Lutheran College school development.
Lot 30 SP170751 is located on the corner of Eumundi Noosa Road and Walter Hay Drive and is zoned Industry. The vacant site has an existing informal access toward the northern end of the Eumundi Noosa Road frontage. The site is mostly cleared with areas of mature native tree species towards the frontage and central locations of the land.
Lot 1 SP228052 is occupied by the existing Good Shepard Lutheran College which gains access off the Goodchap Street/Eumundi Noosa Road roundabout and Walter Hay Drive. The school includes a church/school hall, early learning centre, 3 x sports fields, swimming pool and associated school buildings.
Surrounding Land Uses
The site is surrounded by industrial, residential, community and open space recreation land uses.
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;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the application:
SEQ Development Area
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Development Area.
Statutory Instruments – Planning Scheme
The subject site is located in the Industry Zone of the Noosaville Locality and is intended to be developed for a range of industrial uses. The proposed use is identified as an inconsistent use within the zone and is required to follow an impact assessable application process.
Land Use
The Industry zoned site adjoins a sensitive land use (school) and is stand-alone and isolated from surrounding industrial land, being separated by the major road network (Eumundi Noosa Road and Walter Hay Drive). Whilst the proposed Education Type 2 School use is defined as an inconsistent use in the Industry zone the development will provide additional car parking for the school and eliminate future industrial development occurring within close proximity of the existing sensitive land use. The site is currently used by the school informally for spill over car parking during events and by parents and staff of the school.
Whilst contrary to the zoning of The Noosa Plan, the proposed use is considered suitable on the subject site and complimentary to the existing school development in the long term. To ensure the site remains in ownership and used as part of the school development it is recommended the two sites are amalgamated as one parcel.
Engineering
Traffic
The application was referred to Council’s external traffic consultant for advice and comment on the proposed access and car park layout.
Council’s traffic consultant has advised that the proposed car park would generate a significantly greater number of vehicle movements in comparison to an industrial development on the site. As such, a singular, direct access point for the proposed development via Eumundi Noosa Road, as originally proposed by the applicant, would result in a negative impact and worsened traffic outcome on the Major Road Network. Council’s external traffic consultant strongly recommends the access and egress of the proposed development be via an internal connection within the existing school, to ensure an acceptable traffic outcome is achieved during peak traffic periods. The general traffic engineering principles being access and egress should be located on the lowest hierarchy road (safety, traffic flow); the overall number of access and egress points kept to a minimum (safety, traffic flow); and provide a number of direction options at each egress point (distribution, traffic flow), where possible.
Based on Council’s traffic consultant’s advice the applicant agreed to revise the proposed access arrangements. The revised proposal includes deleting the existing vehicle crossover on Eumundi Noosa Road and constructing a single connecting access and egress point for the development via the existing school access off Walter Hay Drive.
Council’s external traffic consultant also advises as follows:
The campus has very good direct access to the Goodchap Street roundabout and to Walter Hay Drive via the left in / left out bus set-down and parking area.
The Walter Hay Drive access requires all departing traffic to travel along Walter Hay Drive to the Eenie Creek Road roundabout, and to distribute from there.
Observation indicates that in the afternoon school peak, there was a peak in surrounding road traffic at about 3.15pm, which corresponded with queuing in Walter Hay Drive extending back all the way from the Eenie Creek Road roundabout, to the campus for a short period of time. This made it slow for traffic departing from the campus.
The best and most appropriate access from a traffic impact perspective is access to Goodchap Street, as it enables traffic using that access to travel to/from the campus in any direction relatively easily, without requiring circulation through the busy Eenie Creek Road / Walter Hay Drive roundabout.
If the new carpark is used for staff parking only, it would be acceptable to rely on access via the existing Walter Hay Drive access arrangements. The benefit of such an outcome from a traffic perspective is that it would free up existing parking on the campus, accessed via the Goodchap Street roundabout, for use by parent set-down and drop-off via the Goodchap Street roundabout (provided the new carpark is allocated for and used only by staff parking, and with the existing Goodchap Street parking area then being all allocated for visitor parking).  Considering that staff in the PM peak will typically depart the campus after the school traffic peak has concluded, such an arrangement could have an overall benefit.
It would not be satisfactory to facilitate and encourage any visitor and set-down use of the new parking area until there is a link from that parking area to the Goodchap Street roundabout access.
The potential issue arises in the future when campus parking that is currently accessed via the Goodchap St roundabout is replaced with new buildings as envisaged in the master plan.  If those future developments occur in a piecemeal manner as I understand has been the process to date, then the college would potentially gradually reduce the college parking areas accessed via Goodchap Street, and each time say that it’s only a small amount, and at the same time attempt to have parent parking and set-down permitted in the new parking area. Such an outcome would be highly undesirable from a traffic impact perspective.  Provision of a master plan that demonstrates an intent to link the new parking area with the Goodchap Street access in the future is thus an essential element from a traffic and transport perspective, otherwise impacts on already congested parts of Council’s network will be worsened by the layout forcing more school traffic to use Walter Hay Drive, rather than being able to avoid that congestion through access to the Goodchap Street roundabout.
The applicant should be advised that any future applications to modify the existing campus parking and set-down area accessed via the Goodchap Street roundabout would require detailed traffic impact assessment including but not limited to identification of peak parking demands for staff, visitors and students, where that parking occurs, how that parking would be impacted by any changes, assessment of proposals to eliminate existing queuing that occurs in the afternoon school peak back into the Goodchap Street roundabout as a result of overflow of the existing pick-up queue, and minimising congestion along Walter Hay Drive in the afternoon peak.
It is recommended Council advise the applicant that any proposed layout (as indicated in the submitted masterplan – Attachment 3) which seeks to move the primary vehicle access to the site from the Goodchap Street roundabout to Walter Hay Drive and fails to provide an appropriate internal link between the existing and proposed car park areas, is considered to result in a highly undesirable traffic outcome and is unlikely to be supported by Council as a result.
Environment
Stormwater
The Stormwater Management Plan submitted within the application demonstrates that the outcomes of the Water Sensitive Design Code can be achieved.
However, the Stormwater Management Plan is inconsistent whereby the stormwater quantity section proposes the entire site to drain to one detention tank prior to discharge from the site or to the bio retention basins (it is not clear in this regard). Conversely the water quality management section proposes the waters to be treated as coming from three distinct catchments, in two separate bio retention basins sized for the relevant contributing catchment.
Accordingly, a condition is recommended to ensure each bio retention basin receives waters from the intended catchment, as has been demonstrated in the MUSIC model.
Landscaping
The applicant stated within a submission that an assessment of the existing vegetation was undertaken by the landscape architect as part of the initial car park design. The design results in the retention of existing trees at the frontage of the site and a frontage landscape width that exceeds the minimum 2 metre requirement as per the Landscaping Code.
The proposal does not demonstrate compliance with Probable Solution S28.1 of the Landscaping Code which requires the provision of 100L shade trees for every 4 carparks, in towns or villages. This is despite an information request highlighting this requirement.
Conditions are recommended to ensure these requirements are met by requiring amended plans prior to the lodgement of an Operational Works application. As such it is recommended the submitted landscaping plans are not approved as part of this application.
Draft Planning Scheme
The draft planning scheme includes Lot 30 SP170751 in the Community Facilities Zone and specifically identifies ‘Educational Establishment’ as a consistent use for this corner lot.
cONSULTATION
Referral Agencies
Energex
Under the Planning Regulation 2017, the application was required to be referred to Energex as a referral agency for advice. Energex responded with conditions in relation to landscaping adjoining the substation site and stormwater and drainage no worsening to adjoining electrical infrastructure. These conditions have been incorporated into the recommendation to Council.
Other Referrals
The application was forwarded to the following internal Council officers:
Engineering
Environment
Environmental
The application was forwarded to the following external consultants:
Traffic Engineer
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. No properly made submissions were received.
conclusion & REASONS FOR DECISION
The nature and use of the proposed car park development is suitable for the subject site and location. Whilst Education Type 2 School is an inconsistent use in the Industry Zone, the proposed development will provide additional car parking availability for the existing school and is an appropriate land use considering the sensitivity of the adjoining school development, located in close proximity. It is noted the draft planning scheme intends the vacant site to be included and developed as part of the school.
It is recommended the application be approved subject to reasonable and relevant conditions.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture	X	Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	6 AUGUST 2019

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