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AGENDA
General Committee
Meeting
Monday, 12 January 2015
commencing at 10am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tony Wellington (Chair), Bob Abbot, Sandy Bolton,
Joe Jurisevic, Frank Pardon, Noel Playford, Frank Wilkie
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Full text of sections 2 to 78 (of 147)
Section 2
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS DIRECT TO GENERAL COMMITTEE 3
1 QUEENSLAND PLANNING REFORM INCLUDING PLANNING AND
DEVELOPMENT BILL 3
2 OPERATIONAL WORKS FOR PRESCRIBED TIDAL WORKS JETTY SITUATED
AT 256 GYMPIE TERRACE, NOOSAVILLE OPW14/0307 15
3 APPLICATION FOR REFERRAL AGENCY RESPONSE DETACHED HOUSE
SITUATED AT 62 PARK RD, NOOSA HEADS RAP14/0029 39
4 COMBINED DEVELOPMENT APPLICATION MCU14/0077 FOR WAREHOUSE
AND SHOWROOM (PLUMBING SUPPLIES) & OPW14/0324 FOR OPERATIONAL
WORKS 10/100 RENE STREET, NOOSAVILLE 53
5 APPLICATION FOR BUILDING WORKS WITHIN 4.5 METRE SETBACK
SITUATED AT 81 SHOREHAVEN DRIVE, NOOSAVILLE - RAP14/0040 73
6 ENVIRONMENT LEVY POLICY 83
7 NOOSA LOCAL GOVERNMENT AREA PEST MANAGEMENT PLAN 93
8 PLANNING & ENVIRONMENT COURT APPEAL D194 OF 2014 FOR SELF
STORAGE FACILITY AND SIGNAGE AT 64-66 RENE ST NOOSAVILLE
MCU14/0049 & OPW14/0276 96
9 APPLICATION FOR MATERIAL CHANGE OF USE OF PREMISES - RETAIL
BUSINESS TYPE 2 SHOP & SALON SITUATED AT 13 NOOSA DRIVE, NOOSA
HEADS MCU14/0087 99
10 WAIVER OR PARTIAL WAIVER OF DEVELOPMENT APPLICATION CHARGES
FOR 1 JULY 2014 TO 31 DECEMBER 2014 108
11 REVIEW OF BUILDING ACT 1975 AND BUILDING CERTIFICATION IN
QUEENSLAND 111
12 PELICAN PLACE NEW LEASE AGREEMENT WITH TEWANTIN RSL SUB-
BRANCH 114
13 PROPOSED LEASE TO GOOD SHEPHERD LUTHERAN COLLEGE NOOSA 117
14 FINANCIAL PERFORMANCE REPORT DECEMBER 2014 121
15 BUDGET REVIEW CONTRIBUTION TO POMONA COORAN RUGBY LEAGUE
SPORTS FIELD LIGHTING PROJECT 130
16 COMMUNITY GRANTS REVIEW 133
17 NOOSA COUNCIL REPORT 2014 146
CLOSED SESSION -
Page 2 of 147
Section 3
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
REPORTS DIRECT TO GENERAL COMMITTEE
1 QUEENSLAND PLANNING REFORM INCLUDING PLANNING AND DEVELOPMENT
BILL
Author Principal Strategic Planner, Rowena Skinner
Manager, Planning & Environment, Kerri Coyle
Planning & Infrastructure Department
Index ECM/Subject/Planning Instruments\State Planning
Attachments Nil
EXECUTIVE SUMMARY
This report provides an update on the Queensland Planning Reform Process including the
proposed Planning & Development Bill, the Planning and Development Regulations, Planning &
Environment Court Bill, Queensland Planning Provisions and proposed changes to the SEQ
Regional Plan. It expands on the previous report of September 2014 when many aspects of the
planning reform (including the draft regulations) were still unavailable for consideration.
RECOMMENDATION
That Council note the report by the Principal Strategic Planner and the Manager, Planning &
Environment to the General Committee dated 12 January 2015 and request the Chief Executive
Officer to make a submission to the Parliamentary Committee regarding the following points:
A. The Planning & Development Bill and Planning & Development Regulations are not clear
in the decision rules, particularly for those applications which conflict with the planning
scheme. It is considered that where an application conflicts with the planning scheme,
the onus of proof should be on the applicant to prove the merits of the proposal and justify
any inconsistencies;
B. The Planning & Development Bill includes a clause that allows a regulation to prescribe
the assessment manager for a development application as any person from a class of
persons who have stated qualifications or characteristics. It is unclear whether this will
result in an additional class of private entities (chosen by the Minister) being identified as
assessment managers in place of councils for particular applications. This is of significant
concern as experience has demonstrated that private building certification has not always
been successful in implementing planning scheme requirements. This is particularly
important for any operational works applications that include works which are to become
a public asset and be maintained at ratepayers expense;
C. The Planning & Environment Court Bill maintains the specific criteria for making a costs
order introduced with the Sustainable Planning and other Legislation Amendment Bill
2012. These rules do not serve the public interest of enabling the community, submitters,
local governments and developers to dispute planning decisions due to the risk and
uncertainty of the Court awarding costs against them. The previous Court powers to
award costs in circumstances where cases were frivolous or vexatious or instituted
primarily to delay or obstruct are considered sufficient protections from abuse of the
system;
D. The definition of material change of use should not be limited to only increases in scale
and density of the premises, as there are circumstances where reducing the scale of the
development does materially change the site’s use. This is particularly relevant for
developments which include an important community use or the like. For example
removing the nursing home component from a retirement village may have a significant
social impact on an area; and
Page 3 of 147
Section 4
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
E. The Planning & Development Bill maintains and extends the time frame for applicants to
be able revive a development application where it lapses. This ability is not consistent
with the principles for the DA Rules of being an applicant driven process, and is likely to
create administrative problems for Councils and lead to significant confusion for the
community, particularly submitters.
REPORT
1. Context
As previously reported to Council in September 2014, the Queensland Government is currently
undertaking Planning Reform with the desire to create a planning system that is clear,
transparent and easy to understand and navigate. According to the State, the purpose of the
reforming legislation is to facilitate the prosperity of Queensland, whilst pursuing ecologically
sustainable development, balancing economic growth, environmental protection and community
wellbeing.
Planning legislation has been drafted to replace the existing Sustainable Planning Act.
Consultation on the draft Planning & Development Bill was held in August-September 2014,
during which time some 224 submissions were received. 40% of these were from individuals
(many of which reflect similar wording), 13% were from industry and 12% were from Local
Government.
The Department of State Development, Infrastructure and Planning (DSDIP) suggest that the
development industry and legal community have generally indicated high levels of support for the
reforms, as did the Planning Institute of Australia however variable views were expressed by
local governments. Environment and Community groups raised a number of concerns regarding
maintenance of ecologically sustainable development and community engagement in, and
accessibility to, planning processes.
The resource material available on the planning reform highlights that it is about both Plan
Making and Development Assessment as illustrated in the following figure.
Page 4 of 147
Section 5
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
2. Progress of the Proposed Legislation
On 25 November 2014, the Deputy Premier and Minister for State Development, Infrastructure
and Planning introduced the following three bills to parliament:
• the Planning and Development Bill 2014;
• the Planning and Development (Consequential) and Other Legislation Amendment Bill
2014; and
• the Planning and Environment Court Bill 2014.
The bills were referred to the State Development, Infrastructure and Industry Committee for
consideration. The committee is currently gathering feedback on the bills and must provide its
reports to Parliament by Monday, 23 February 2015. Submissions to the committee can be
made up to 19 January. It is suggested that the legislation could be passed as early as March
and a commencement date may be in October 2015. Obviously there is uncertainty around the
timing of Parliamentary decision making in the first half of 2015 with a State election due before
mid-year.
3. Plan Making
3.1 State Planning policy
Substantial change took place approximately one year ago when 14 State Planning Policies were
replaced with a Single State Planning Policy (SPP). The SPP includes 16 State Interests and
accordingly 16 State Interest Guidelines support the SPP. These guidelines, released during
2014, provide useful guidance on how planning schemes should or could address State
Interests.
The State Planning Policy will be reviewed in early 2015 to determine the nature and extent of
necessary amendments to ensure it is aligned with the new P&D Act.
3.2 South East Queensland Regional Plan
The SEQ Regional Plan review commenced in 2013 and the DSDIP are currently preparing a
new draft plan, expected to be completed sometime in mid-2015. It is intended the new plan will
have an increased focus on economic development.
Not all issues that occur within the SEQ region will require a regionally-specific policy response.
Regionally specific policies will only be required for an issue that:
• due to its nature cannot be addressed by a single local government; or
• involves the resolution of conflict between two or more state interests; or
• is identified by the Minister as requiring a regionally-specific policy response.
The continued use of a statutory Urban Footprint in the new SEQ Regional Plan has been
strongly supported by all sectors however not necessarily in the form, shape or size as
previously. There has for instance been suggestion of a “doubling” of the Urban Footprint. The
DSDIP has released a paper on the Role and Function of an Urban Footprint and conclude:
To minimise any perceived disadvantages associated with the Urban Footprint, the Urban
Footprint and its supporting policies and regulation should:
• Provide the capacity to substantially exceed the expected demand for housing to 2041 and
support planning schemes to plan for at least 20 years of realistic zoned supply;
• Be reviewed regularly based on enhanced measurement of land supply and adjusted if
required to take account of recent events and development trends and updated growth
projections;
• Provide flexibility to allow local governments to adjust the boundary of the Urban Footprint
in response to local issues; and
Page 5 of 147
Section 6
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
• Be supported by planning and development assessment processes that facilitate the timely
and cost-effective development of greenfield land within the Urban Footprint.
In drafting the next Noosa planning scheme the SEQ Regional Plan will still need to be
considered. There will be some changes regarding its effect which are contained within the P&D
Bill. For example, there will not be any State Planning regulatory provisions that override
planning schemes and prohibit certain applications being made. While the content of the plan is
still largely speculation it is likely there will no longer be a 100ha minimum lot size specified for
rural areas.
3.3 Queensland Planning Provisions (QPP)
The QPP, which first commenced in 2009, will cease to exist in that format. The State plans to
minimise the mandatory core components and this required content will be contained in the P&D
Regulation Division 2 Local Planning Instruments Subdivision 1 Making or Amending Local
Planning Instruments.
DSDIP suggest it is likely mandatory provisions will include the requirement for a Strategic Plan,
land use and administrative definitions, the name and intent of zones (and the mapping format so
that zones have the same colour throughout the State), structure for tables of assessment,
infrastructure planning provisions and other administrative matters.
Other components will be available to councils as guidance material. For instance, the State is
developing guidelines for Delivering Prosperity & Growth through Planning Schemes and also
model standard assessment provisions. This material will include non-mandatory planning
scheme content as well as leading practice material designed to result in efficient and effective
planning schemes. It is considered however that if a Council chooses to include a particular
element within its planning scheme (such as an overlay indicating a development constraint) it
could only do so in accordance with the guidance material and not necessarily “raise the bar”.
To cover the period before the new P&D Bill is enacted the state government in December 2014
released a new draft version of the QPP, namely QPP version 4. These provisions have been
provided to allow greater flexibility for schemes being drafted under the current Sustainable
Planning Act (SPA). It contains Module A which is a mandatory template for any new planning
scheme, Module B which is guidance about the drafting of all components of the planning
scheme, and identifies when additional content may be incorporated by a local government.
One proposed change of interest to Council, may be the incorporation of definitions for Defined
flood level, Flood hazard area, Flood hazard level, Freeboard and the impact of these on Building
Height. Building height will be measured from the flood hazard level rather than natural ground
level so that if the minimum floor height has to be raised the roof line can proportionally be raised
as well.
Comments on the draft QPP are due to be submitted to the state by 16 January 2015. As
Council is not intending to prepare a new planning scheme under SPA, it is not considered a high
priority.
3.4 Statutory Guideline for Making and Amending a Local Planning Instrument (MALPI)
The State suggests that the requirements for making and amending local planning instruments
(including planning schemes, Local Government Infrastructure Plans and planning scheme
policies) will give more flexibility to local governments and reduce unnecessary process. It is
suggested that this will allow options such as undertaking state interest review and public
notification concurrently and potentially reduce the overall length of time it takes to prepare or
amend a planning instrument.
Page 6 of 147
Section 7
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
A working draft of the proposed MALPI has been released. Its format is quite different to the
current one and incorporates the Minister’s rules and guidelines for various aspects. Some
amendments which may seem relatively minor (such as the update of the Priority Infrastructure
Plan to a conforming Local Government Infrastructure Plan) do not qualify as a “minor”
amendment and have to go through the full process as if creating a new one.
3.5 Infrastructure Designation
The draft legislation proposes various changes to what is known as a community infrastructure
designation in the SPA, as outlined below:
• The removal of the word “Community” is a deliberate move to illustrate it is not just
available for facilities such as schools or churches but also for linear infrastructure such as
pipes or transmission line etc.
• The Planning Minister will be the sole designating Minister for Infrastructure Designation in
Queensland.
• The Minister must be satisfied that adequate environmental assessment has been carried
out including adequate consultation on that assessment (the detail of this has not yet been
built into the draft regulations however a Draft Guideline on the matter has been released)
• Local governments will no longer have powers to designate infrastructure.
• Infrastructure designations will be accepted development so, with the exception of building
work, no development approval will be necessary. However the Minister is required to
consider the local planning scheme before making the designation. Development is still
subject to obligations or assessments under other Acts (for example covering cultural
heritage or vegetation protection).
• Designations are open to both public and private infrastructure, and both will be exempt
from planning scheme requirements and from infrastructure charges. This is particularly of
interest in relation to private schools which might be used for community or business
purposes other than education on weekends and in the evenings.
4. Planning Scheme Transition
When the P&D Act commences, the existing planning schemes remain operational however they
will need to “transition” and how this occurs will depend on the age, status and mechanics of a
scheme. For instance it is over 10 years since the Noosa Plan was drafted under the Integrated
Planning Act (IPA). Over 30 Queensland Planning Schemes have now been completed in line
with the Sustainable Planning Act (SPA) and many others are in progress.
The tables of assessment within the Noosa Plan reflect the categories of assessment specified
by current legislation. Development applications received on or after day one of the
commencement of the proposed P&D Act will continue to be assessed against the Noosa Plan
but in line with the terminology and decision rules of the new P&D Act. This includes new
categories of assessment.
Under the P&D Act there will be three categories of development, namely prohibited, assessable
or accepted development. Prohibited development is development for which a development
application may not be made. Assessable development is development for which a development
approval is required and it can be subject to either standard or merit assessment. Accepted
development is development for which a development approval is not required.
In assessing development against the Noosa Plan and applying these new categories of
assessment, a framework for transition is required which assists interpretation in development
assessment.
As a fundamental element of the transition framework, the P&D Act contains transitional
legislative provisions establishing rules for translating the categories of assessment from IPA or
SPA to the proposed assessment categories. The below table provides a summary comparison
of these provisions.
Page 7 of 147
Section 8
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Self assessable Code assessment Impact Assessment
Proponent • Bounded • Wider assessment
ensures assessment only against the
Current
responsibility for against environmental
levels of
compliance applicable codes effects of
assessment
(based on • Presumption in development
IPA) favour of • Public notification
approval required
• No discretionary
decision making
Self assessable Compliance assessable Code assessable Impact assessable
Proponent • Technical assessment • Removed the • Unforeseen
ensures • No referral presumption in development
responsibility for • No discretion allowed favour of • Public notification
Levels of compliance • No ability to refuse approval from required
assessment IPA
under the • Presumption
SPA favours policy
(Compliance noncompliance
assessment resolved through
has not been balancing policy
applied in the • Requires
Noosa discretionary
Planning decision
Scheme) • Is bounded
assessment in
that it may not
consider the
whole scheme
Accepted Standard assessable Merit assessable Merit (notified)
Proponent • Presumption in favour of • Presumption • Unforeseen
ensures approval and must be favours policy development
responsibility for approved if the • Complex - non- • Public notification
compliance application complies compliance required
with assessment resolved through
benchmarks. balancing policy
Proposed
Levels of • Assessment is against outcomes
assessment
assessment • Requires
under the benchmarks which are discretionary
P&D Bill nominated in the decision
planning scheme –
these are required to be
objective in nature and
most likely be largely
technical in nature.
• Include limited
discretionary decision
On day 1 of commencement of the Act, self-assessable development, to the extent the
development complies with all applicable codes for the self-assessable development, will be
considered accepted development. If it does not comply with the self-assessable criteria it
becomes assessable development. This is a relatively simple transition.
The default position on day 1 is that all development currently subject to code assessment will be
subject to standard assessment. Where code assessable development is currently assessed
against criteria that have clearly articulated performance and acceptable outcomes Council is
able to easily transition the development to standard assessment. This is particularly
recommended where the development is located in the appropriate zone and with few or no
constraints.
Page 8 of 147
Section 9
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Council can however, having consideration to the rigour of the current planning scheme codes
and the level of risk that is acceptable, choose to nominate some developments that will require
merit assessment. However the Department has made it clear this should be the exception
rather than the rule.
The default position on commencement of the act will be that development currently subject to
impact assessment will be subject to merit assessment requiring public notification. While this is
ultimately intended just for development proposing some departure from the planning scheme
provisions, it is recognised that in the transition period it may be too big a change to remove
public involvement from the balance of development currently requiring public notification.
When preparing a P&D compliant new planning scheme however it would be expected that
Council involve the community in preparing the planning scheme and then entrust assessment of
compliant development to decision makers based on professional recommendations.
The State has been developing different Transition Options to assist councils in determining how
they transition their levels of assessment. They also offer model codes for adoption should
current codes be lacking. Further advice on these will be provided when they have been tested.
5. Development Assessment
5.1 Development Assessment Forms
There are currently 33 different development assessment forms that may be applicable in making
a development application. This is to be reduced to 2 Development Assessment Queensland
(DAQ) forms including:-
• DAQ Form 1 – Application details
• DAQ Form 2 – Building work
The proposed DAQ Form 1 is to be completed for all development applications, except those
applications that propose only building work, with the proposed DAQ Form 2 covering building
work only. The proposed DAQ Forms will also be supported by four proposed DAQ templates
which capture specific proposals such as interfering with a water course; taking overland flow
water; waterway barrier works; interfering with artesian or sub artesian water.
5.2 Guidelines
The proposed Development Assessment Queensland (DAQ) forms and templates will be
supported by a number of DAQ Forms guides, intended to provide guidance on how to complete
the DAQ forms, prepare a planning report and the plans required to support a development
application.
5.3 Development Assessment Rules
The development assessment rules set out the statutory development assessment process
which must be followed for making, assessing, changing and determining a development
application. The draft Statutory Instrument indicates the DA rules are based on the following
principles:
• Reinforcement of the role that applicants play in streamlining the development assessment
process;
• Emphasis on undertaking pre-lodgement discussions with the assessment manager and
pre-referrals with referral agencies to create process efficiencies;
• Enabling a holistic assessment to be undertaken;
• Encouragement and facilitation of open dialogue between the assessment manager,
referral agencies and the applicant
Page 9 of 147
Section 10
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
As previously advised in the report to Council in September there are some substantial changes
to the development assessment system, but also a great many aspects that are similar. The
following flow chart outlines the proposed development assessment process generally:-
Some of the key features and differences with the proposed process include the following:
Pre-lodgement Meeting Role
The role of pre-lodgement meetings is recognised in the proposed statutory document,
encouraging informed discussions about a development proposal with referral agencies (i.e. state
government agency such as the Department of Transport and Main Roads) and the assessment
manager (i.e. in most instances Council). It provides that referral agencies may provide a pre-
referral response prior to an application being lodged with the assessment manager similar to the
Sustainable Planning Act 2009 provisions.
However, under the proposed DA Rules the applicant can choose to opt-out of the further
information step if the application has undertaken a pre-lodgement with the assessment manager
and obtained all required pre-referral responses. The option for an applicant to not provide the
additional information requested was already provided for under SPA and this change perhaps
negates the requirement for assessment manager to compile a detailed information request.
Page 10 of 147
Section 11
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Assessment Stage and Owners Consent
The assessment stage starts when the assessment manager receives the development
application and includes the referral, further information and public notification steps. Upon
lodgement of a development application, the assessment manager has 5 business days to
determine whether the application is properly made instead of 10 business days as currently
provided for under SPA. Where an application is not properly made (i.e. incorrect application
fees paid, or owners consent not provided), the assessment manager may give an Action Notice
to the applicant. Notably, the assessment manager can choose to accept an application as
properly made without owners consent, but cannot decide (approve) the application until the
written consent of the owner is provided. Under SPA, the application cannot be accepted as
properly made until owners consent is given.
Removal of Acknowledgement Notice
Acknowledgement Notices have been removed from the process, although a Confirmation Notice
will be required for those applications subject to public notification. This confirmation notice must
be given 5 business days after lodgement of the application (currently 10 business days under
SPA for issuing an Acknowledgment Notice) and must advise whether the assessment manager
intends to make a request for further information.
Public Notification
Under the proposed DA Rules, the applicant will be able to decide when to publicly notify a
development application requiring public notification, with the earliest being within 5 business
days starting the day after the development application is properly made. This moves away from
the end to end process set out in SPA whereby each stage must be completed before the next
step commences. Also:
• Applications requiring public notification must only be notified for 15 business days,
removing the SPA requirement for some applications to be publicly notified for 30 business
days (i.e. those applications where there 3 referral agencies);
• There will be no requirement to place a notice in a local newspaper, with only a notice on
the land and a written notice sent to the owners of adjoining land required. The
assessment manager will though have the ability to require public notification in another
form where compliance would be onerous, but is subject to some restrictions. Notably, the
restrictions mean the assessment manager could not require the applicant to undertake a
community consultation meeting or the like;
• The assessment manager will have up to 10 business days or a further agreed period to
consider all submissions accepted once the applicant provides notice that they have
complied with public notification requirements. This is a new period not currently provided
for by SPA, with submissions currently considered during the assessment manager’s
decision period.
Stop the Clock
The applicant may at any time in the DA process, but before a decision is made, stop the clock
as many times as required for accumulative period of up to 6 months or further agreed period to
resolve any matters, provide information, make written representations to referral agency
response and negotiate on draft conditions with the assessment manager.
Revival of Lapsed Development Application
The development application lapses where the applicant does not comply with the prescribed
time frames. Notwithstanding this, the applicant may revive the application by giving written
notice to the assessment manager within 3 months. The ability to revive a lapsed development
application exists in SPA, but the time frame to do so is currently 5 business days. If the
applicant revives the application, then the applicant must comply with the required action within 5
business days after the written revival notice is given. Notably, the development application does
Page 11 of 147
Section 12
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
not lapse if the applicant fails to respond to the assessment manager’s information request as is
currently provided for in SPA and instead the Decision Stage simply starts.
The ability to revive an application is extraordinary when the development application process is
intended to be an applicant driven process as applicants should be responsible for meeting their
own time frames, as is Council. The proposed extension to the revival period is likely to create
administrative problems for councils in their application tracking systems, financials in refunding
application fees in part and has the potential to create significant confusion for the community
and particularly submitters.
Notably, the requirement for assessment managers to give applicant and owners of land notice of
a pending lapsing of development approval has been removed from the Bill.
Shortened Decision Time frames
Assessment managers will have 20 business days to assess and decide a development
application requiring standard assessment and 30 business days for merit assessment, with the
Decision Notice to be also given within this period. These periods may be extended only by
agreement with the applicant. This is a significant reduction to the time frames provided for under
SPA, whereby both code and impact assessable applications must be decided within 20
business days, which may be extended by a further 20 business days by the assessment
manager and further by agreement with the applicant. SPA also provided a separate 5 business
days for the Decision Notice to be issued.
For development applications following the standard assessment process and not decided within
the specified 20 business days the applicant may give the assessment manager a deemed
approval notice. The assessment manager has then 10 business days to give a decision notice
and include any relevant conditions.
Referral Agencies to a development application have been only given 20 business days to make
an information request and provide the referral agency response. Again shortened time frames
are proposed in the P&D Bill compared with SPA.
A 20 business day time frame has been applied for the assessment manager to consider written
representations from the applicant and give a negotiated decision notice. Notably, the applicant
may stop the negotiated decision period for up to 6 months.
The majority of development applications are currently decided within the first 20 business days
of the decision period. Applications decided in 20 business days plus include generally those
that are reported to a Council meeting for consideration or where negotiation has occurred with
the applicant during the decision period for revised plans or additional information etc. The
proposed time frames will mean a review is necessary of our current practice of requesting
revised plans or making a ‘second informal information request’ during the decision period. A
review of the delegations would also be prudent particularly for the standard assessable
development applications.
Notably, the decision rules have been amended since the last report to Council in September.
The decision rules have now been moved to the Planning and Development Regulations, and
currently identify that applications must be assessed against the assessment benchmarks (i.e.
the planning scheme) and matters set out in identified Schedules. However, these schedules are
‘blank’ currently and give no confidence that applicants for development proposals which conflict
with the planning scheme must prove the merits and justify the inconsistency as currently
required under SPA.
Alternative/chosen Assessment Managers
The Bill retains and amends a clause that allows a regulation to prescribe the assessment
manager for a development application as any person from a class of persons who have stated
qualifications or characteristics. It is not confirmed whether this will result in an additional class
of private entities (chosen by the Minister rather than councils) being identified as assessment
managers in place of councils for particular applications.
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GENERAL COMMITTEE MEETING AGENDA 12 January 2015
This is essentially private certification for planning and operational works matters and is of
significant concern given that experience has shown that private building certification has not
been as successful in ensuring compliance with the planning scheme requirements given the
inherent commercial interest. It is also a concern for any development application that includes
works which ultimately become a Council asset and maintained at ratepayers expense.
Material Change of Use Definition
Under SPA, the definition of material change of use means that there must be a material
increase in the intensity or scale of the use of premises. This definition has been carried through
to the P&D Bill whereas IPA originally defined it as being any material change in the intensity or
scale of the use of the premises. In this way, a lesser or small scaled development could also be
considered a material change of use. This is important for uses which might include a
community component and the applicant seeks to remove this, for example a retirement village
where the nursing home component is removed.
Appeal provisions
A fundamental shift to the cost provisions in the Planning and Environment Court was introduced
under SPA, and has been continued under the P&D Bill. These provisions essentially bring the
P&E Court in line with the usual rule in civil litigation that the losing party pays the winning party’s
costs.
While it may have been intended that in appeals where each party has a well-founded argument
and calls expert evidence to justify their position, the P&E Court would exercise its discretion to
direct that each party bear its own costs, this is not necessarily what has eventuated as
evidenced in the Masters appeal. In this instance, costs were awarded against the Council
despite judgement recognising that Masters conflicted with the planning scheme, suggesting that
Council’s case for Masters was not without merit.
The Masters decision is also particularly concerning for genuine community interest groups who
are trying to protect an environmental or other public concern within their community. These
costs rules mean community groups and submitters may be faced with meeting their own legal
costs and the possibility of paying the developers costs, which could be crippling. This does not
serve the public interest of enabling the community to dispute planning decisions. It is
considered that the previous Court powers to award costs in circumstances such as where cases
were frivolous or vexatious or instituted primarily to delay or obstruct are sufficient protections
from abuse of the court appeal system.
Previous Council Consideration
In September 2014 Officers previously reported on the draft Planning & Development Bill and the
Planning & Environment Court Bill. At its meeting of 28 September 2015 Council resolved as
follows:
That Council note the report by the Manager, Planning & Environment and Strategic Planner to
the Planning & Organisation Committee Meeting dated 16 September 2014 and request the
Chief Executive Officer to make a submission to the draft Planning and Development Bill 2014
and Planning and Environment Court Bill 2014 generally seeking that:-
A. The Department of State Development, Infrastructure and Planning undertake consultation
on the draft Planning and Development Regulations and Guidelines where much of the
practical impacts of the legislation changes for the community, development industry and
local governments will be located;
B. Local governments and their communities should continue to retain the ability to decide
through their planning schemes which developments will be required to be publicly notified
and have third party appeal rights;
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GENERAL COMMITTEE MEETING AGENDA 12 January 2015
C. Where an application conflicts with the planning scheme, the onus of proof should be on
the applicant to prove the merits of the proposal and justify the inconsistency rather than
what appears to be an onus on the assessment manager to prove that the intent of the
planning scheme should be upheld;
D. Section 89 of the Planning and Development Bill 2014 be amended to remove the
requirement for local governments to provide a notice to applicants and owners that their
approval will lapse, as this should be the responsibility for applicants and owners to
monitor;
E. A time limit requirement be included for Conversion Applications and Offset Establishment
Cost review requests to be made and undertaken during the period for a Negotiated
Decision Notice to reduce uncertainty for local governments;
F. An allowance be included for Local Governments to index all Infrastructure Charges from a
set base date in accordance with the applicable index to address increasing infrastructure
costs;
G. Councils should have the ability to issue an Infrastructure Charges Notice for minor
changes to development approvals issued prior to 1 July 2011 that involve an increase to
the intensity of the development and for extensions to the currency period; and
H. Provide within the P&D Bill the ability for local government planning schemes to also apply
to assessment of uses within the local government tidal area/river lease areas to support
improved management of marine activities and address potential impacts on adjacent
foreshores and uses.
Finance & Risk
Nil
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Nil
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 14 of 147
Section 15
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
2 OPERATIONAL WORKS FOR PRESCRIBED TIDAL WORKS JETTY SITUATED AT 256
GYMPIE TERRACE, NOOSAVILLE OPW14/0307
Author Development Engineer, Monkeith Kadhum
Planning & Infrastructure Department
Index ECM/Application/OPW14/0307
Attachments: 1. Referral Agency Response and Conditions
2. Lease Plan SP146043
3. Proposal Plans for Approval
APPLICATION DETAILS
Applicant Bayeno Pty Ltd C/O Jim Toovey
Proposal Development Permit for Prescribed Tidal Works (upgrading of an
existing commercial jetty)
Properly Made Date 22 August 2014
Information Request Date 16 September 2014
Information Response Date 17 October 2014
Referral Agency (SARA) 24 November 2014
Response Date
Decision Due Date 28 January 2015
Number of Submissions No Submissions
PROPERTY DETAILS
Property Address 256 Gympie Terrace, Noosaville
RP Description Lot 158 SP 146043
Lease Area 546 m2
Existing Use of Land Existing Commercial Jetty
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Assessment Type Code Assessment
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GENERAL COMMITTEE MEETING AGENDA 12 January 2015
RECOMMENDATION
That Council note the report by the Development Engineer to the General Committee Meeting
dated 12 January 2015 regarding Application No. OPW14/0307 for a Development Permit for
Operational Works for Prescribed Tidal Works – Commercial Jetty situated at 256 Gympie
Terrace, Noosaville and approve the application in accordance with the following conditions:
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the table below and as
may be amended by these conditions.
Plan No. Rev. Plan/Document Name Date
4656-100 - General Notes & Locality Plan, prepared by 29 May 2014
International Marina Consultants Pty Ltd
4656-101 - Demolition Plan, prepared by International 28 May 2014
Marina Consultants Pty Ltd
4656-102/A A General Arrangement, prepared by International 16 October 2014
Marina Consultants Pty Ltd
4656-103/A A Elevation, prepared by International Marina 16 October 2014
Consultants Pty Ltd
4656-104/A A Pile Layout, Profile and Schedule, prepared by 16 October 2014
International Marina Consultants Pty Ltd
4656-105/A A Pontoon Setout, prepared by International 16 October 2014
Marina Consultants Pty Ltd
4656-106 - 1.2m Overall Width x 7.5 Long Gangway, 30 May 2014
prepared by International Marina Consultants
Pty Ltd
4656-109 A Pontoon Setout, prepared by International 30 May 2014
Marina Consultants Pty Ltd
2. All structures associated with the use (jetty and pontoons) must be constructed wholly
within the lease area as shown on SP146043 dated 4 December 2013.
3. To ensure the safety of persons accessing the approved works and to prevent
environmental harm, a safety audit of the on-site fuel storage tanks, bowsers and
associated pipework, valves, vents and systems shall be conducted by a suitably qualified
professional and submitted to Council for approval. The audit shall demonstrate that the
fuel systems are in a safe and serviceable condition or, where necessary, identify repair
and rectification requirements to meet the relevant Australian Standards and industry best
practice environmental management. Any repair works must be completed, with
certification submitted by the auditor to Council, prior to the use of the new works
(pontoon/jetty extensions).
4. Structures shall be designed and constructed such that they are free standing within the
waterway and are not connected to or behind the revetment wall or rock wall.
5. No posts or vertical supports of the proposed structures are to extend vertically above the
height of the new piles.
6. No boatlifting devices are to be attached or moored at the jetty structure for the purpose of
elevating a vessel above the water without Council approval.
7. The jetty shall be constructed in a manner to render the underside area vermin proof.
8. The connection point for any electrical reticulation system extending beyond the revetment
wall must be located above the Q100 flood level.
9. Lighting associated with the use shall be designed, installed, operated, and maintained in
accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
10. Boat repair activities will not be permitted on site.
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GENERAL COMMITTEE MEETING AGENDA 12 January 2015
11. Wastewater and sullage shall only be disposed of at approved pumpout facilities.
12. The mooring facility shall not be utilised for live-aboard purposes.
13. Any construction and post construction activity is not to impact on the condition of the
waterway, and is to be conducted so as not to breach the Environmental Protection Act
(EPA) 1994 and the Environmental Protection (Water) Policy 1997.
14. Certification by a Registered Professional Engineer of Queensland (RPEQ) shall be
submitted to Council. The certification shall state that the works have been constructed in
accordance with best practice methods, are in accordance with Coastal Protection and
Management Act 1995, are structurally sound and will have no detrimental effect on the
river bed or river bank.
15. A final inspection and approval of the structure by Council’s Inspector is required. Please
contact Council’s Planning Assessment Section to arrange the inspection.
Advisory Notes
1. Council has undertaken an audit check of the Operational Works drawings in relation to the
proposed works. A detailed design check of the calculations and drawings has not been
undertaken, as they have been certified by a RPEQ. The RPEQ bears full responsibility for
all aspects of the engineering design. Council reserves the right to require further
amendments and/or additions at a later date, should design errors become apparent.
2. Council reserves the right to call up any performance bond held or levy charges against the
property, should emergency works be required to be undertaken by Council to make the
site safe due to inactivity on the development site for extended periods of time.
3. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Sustainable
Planning Act 2009 must be made. Amended plans clearly indicating the changes must be
lodged with this application along with the appropriate fees.
4. The Environmental Protection Act 1994 states that a person must not carry out any activity
that causes, or is likely to cause, environmental harm unless the person takes all
reasonable and practicable measures to prevent or minimise the harm. Environmental
harm includes environmental nuisance. In this regard, persons and entities involved in the
construction and operation of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
5. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act
if the cost of operational works exceeds $80,000, then a portable long service leave levy is
required to be paid. In accordance with Section 77.(1) of the Act, Council is required to
sight the approved form issued by the Building and Construction Industry (Portable Long
Service Leave) Authority that confirms that the requirements of the Act have been satisfied.
A statutory declaration outlining the cost of the operational works must be submitted to
Council prior to commencement of work.
REPORT
1. PROPOSAL
The applicant seeks approval to upgrade an existing commercial jetty on the site. The upgrade
consists of constructing a gangway and floating pontoon to replace part of an existing timber
jetty. The new pontoon extends further out into the river but within the boundaries of the lease
area (Lot 158 S146043). The added pontoon structure will be secured by four new piles.
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GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Notably in response to the information request, the applicant modified the plans and moved the
structures towards the foreshore ensuring any moored boats can be located within the lease
area.
2. SITE DETAILS
2.1. Site Description
The site is a commercial lease area of 546m2 described as Lot 158 on SP 146043 situated
roughly opposite the intersection of Edward Street with Gympie Terrace. The lease lot is located
on the Noosa River foreshore and extends approximately 35 metres into the waterway. A
commercial business currently operates on site under the name Jet-Ski and U-Drive Boat Hire,
contains a single-storey office building (timber cottage) and covered decks of approximate area
of 40m2 and associated timber jetty. A plan titled Demolition Plan is included as Attachment 3,
which indicates the lease area and the location of these structures including a section of the jetty
that is identified for demolition.
2.2. Surrounding Land Uses
The site is adjacent to a number of recreational and commercial uses along the Noosa River
foreshore including private jetties, recreational parkland, tennis court, public boat ramp, boat hire
and tour businesses. The southern side of Gympie Terrace is zoned Visitor Mixed Use and
contains a diverse mix of residential, commercial and dining uses reflective of the zoning.
- Locality Map and Aerial Photograph -
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GENERAL COMMITTEE MEETING AGENDA 12 January 2015
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
• State Planning Policies;
• the South East Queensland Regional Plan;
• State Planning Regulatory Provisions;
• any Structure Plan or Master Plan in place for declared areas;
• any Preliminary Approval Overriding the Planning Scheme for the land;
• the Planning Scheme for the local government area; and
• any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policies
The following State Planning Policies are applicable to this application:
• “IDAS Code for development applications for prescribed tidal work”.
• State Planning Policy July 2014
• Coastal Protection and Management Act 1995
• Transport Operations (Marine Safety) Act 1994
• Transport Operations (Marine Pollution) Act 1995
South East Queensland (SEQ) Regional Plan 2009 - 2031
The proposal is consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
• SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions.
3.3. Statutory Instruments – Planning Scheme
Land Use & Works Provisions
The following codes of The Noosa Plan which regulate land use and design are most applicable
to this application:
• Division 22 – Watercourses Works Code
The application has been assessed against the above applicable code. The pertinent issues
arising out of the assessment against the codes are discussed below:
Specific Outcomes
Specific Outcome O5 of the Watercourses Works Code addresses Character and Amenity of
new works and states:
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GENERAL COMMITTEE MEETING AGENDA 12 January 2015
O5 Prescribed tidal works are designed and sited to ensure—
a) they are contained within the prolongation of boundaries of the lot;
b) that when a vessel is berthed it does not encroach over the prolongation of boundaries of
the lot;
c) a high level of visual amenity is maintained when viewed from the watercourse and adjoining
lands;
d) they avoid conflicts with uses in the water and on the foreshore and adjoining lands;
e) cluttering of watercourses is avoided;
f) excessive traffic volumes within foreshore areas and adjoining lands are avoided;
g) materials blend with the natural surrounds; and
h) they reflect the character and setting of the immediate surrounds or the locality.
Discussion of the Specific Outcomes
The proposed jetty extension raises some concerns with regard to visual amenity, as it involves
additional structures within the Noosa River.
Whilst additional pontoons are being added to the development, this is considered consistent
with the general manner in which the lease area is currently used by the operator. The lease is
one of 16 approved commercial leases on the river and the pontoons are wholly contained
within the lease area. Currently, the operator lashes together a number of boats past the
existing mooring structures, moving them adjacent to the jetty and pontoons as they are hired.
The proposed extensions will formalise this arrangement. Also, the proposed upgrading works
are considered to provide a positive outcome by improving on the existing old and dilapidated
jetty.
The amended plans submitted by the applicant have reduced the quayline of the works to
ensure that all boats moored at the northernmost pontoons will be wholly contained within the
lease area. The number of boats able to be moored within the lease area remains unchanged
and it is considered that the proposal will not unduly clutter the Noosa River.
The design and layout of the works are considered compatible with its setting, maintains the
visual amenity of the Noosa River in this location and is generally consistent with Specific
Outcome 5.
4. CONSULTATION
4.1. IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Concurrence
The application was referred to The Department of State Development, Infrastructure and
Planning, acting as a concurrence agency for the relevant departments. The agency provided its
concurrence response dated 18 November 2014 (received by Council on 24 November 2014)
including conditions together with a set of the final revision of the submitted plan for approval.
The Department’s concurrence response is included in Attachment 1
4.2. Internal Referrals
The application was referred to the following internal Council specialists:
• Planning Assessment
Their comments form part of this report.
4.3. Public Notification
The application was code assessable and was not publically notified.
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GENERAL COMMITTEE MEETING AGENDA 12 January 2015
5. CONCLUSION
The application is consistent with the relevant provisions of the Sustainable Planning Act 2014
and The Noosa Plan and does not raise any particular concerns. The applicant has made
amendments to the initial proposal that address the assessment team’s concerns in relation to
visual clutter in Noosa River that may be caused by the proposed works.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health X DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 21 of 147
Section 22
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 22 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Attachment 1
aaa b
Ox
Queensland
Government
Department of
State Development,
Infrastructure and Planning
SARA reference: SDA-0914-014456
Applicant reference: 201002
Council reference: OPW14/0307
18 November 2014
Noosa Shire Council
PO Box 141
TEWANTIN QLD 4565
Dear Mr Mark Lewis
Concurrence agency response—with conditions
Jetty 256 Gympie Terrace, NOOSAVILLE QLD 4566
(Lot 158 SP146043)
(Given under section 285 of the Sustainable Planning Act 2009)
The referral agency material for the development application described below was received
by the Department of State Development, Infrastructure and Planning under section 272 of
the Sustainable Planning Act 2009 on 23 September 2014.
Applicant details
Applicant name: Bayeno Pty Ltd
Applicant contact details: C/- Jim Toovey
PO Box 257
TEWANTIN QLD 4565
Site details
Street address: Jetty 256 Gympie Terrace, NOOSAVILLE QLD 4565
Lot on plan: Lot 158 SP146043
Local government area: Noosa Shire Council
Application details
Proposed development: Development Permit for Operational Works — Prescribed
tidal works — Commercial jetty
Paget SEQ North SARA
Level 8, Mike Ahern Building
12 First Avenue
MARCOCHYDORE QLD 4558
Page 22 of 147Section 23
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 23 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
SDA-0914-014456
Referral triggers
The development application was referred to the department under the following
provisions of the Sustainable Planning Regulation 2009:
Referral trigger Schedule 7, Table 2, Item 13 — Tidal works, or works within a
coastal management district (coastal protection)
Schedule 7, Table 2, Item 15 — Tidal works, or works within a
coastal management district (maritime safety)
Conditions
Under section 287(1)(a) of the Sustainable Planning Act 2009, the conditions set out in
Attachment 1 must be attached to any development approval.
Reasons for decision to impose conditions
Under section 289(1) of the Sustainable Planning Act 2009, the department must set out the
reasons for the decision to impose conditions. These reasons are set out in Attachment 2.
Further advice
Under section 287(6) of the Sustainable Planning Act 2009, the department offers advice
about the application to the assessment manager—see Attachment 3.
Approved plans and specifications
The department requires that the following plans and specifications set out below must be
attached to any development approval.
Drawing Title Prepared by | Date | Drawingno. |
Aspect of development: Operational works
Demolition Plan International Marina Consultants 28 May 2014 4656-101
Pty Ltd
Plan of Lot 158 - N/A Survey Plan 4 December SP146043
Cancelling Lot 158 on 2013
$P233178 & Part of
U.S.L, being part of the
Noosa River
General Arrangement International Marina Consultants 16 October 4656-102/A
Pty Ltd 2014
Elevation International Marina Consultants 16 October 4656-103/A
Pty Ltd 2014
Pile Layout, Profile and | International Marina Consultants 16 October 4656-104/A
Schedule Pty Ltd 2014
Pontoon Setout International Marina Consultants 16 October 4656-105/A
Pty Ltd 2014
1.2m Overall Width x International Marina Consultants 30 May 2014 4656-106
7.5m Long Gangway Pty Ltd
Department of State Development, Infrastructure and Planning Page 2
Page 23 of 147Section 24
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 24 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
SDA-0914-014456
Standard Pontoon International Marina Consultants 30 May 2014 4656-109
Details Pty Ltd
A copy of this response has been sent to the applicant for their information.
For further information, please contact Tracey Smith, Senior Planning Officer, on 3882 8409
or via email [email protected] who will be pleased to assist.
Yours sincerely
<s aD
Sarah Doring
A/Manager (Planning)
cc: Jim Toovey; and Geoffrey Phillips
enc: Attachment 1—Conditions to be imposed
Attachment 2—Reasons for decision to impose conditions
Attachment 3—Further advice
Department of State Development, Infrastructure and Planning Page 3
Page 24 of 147Section 25
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 25 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
SDA-0914-014456
SARA reference: SDA-0914-014456
Applicant reference: 201002
Council reference: OPW14/0307
Attachment 1—Conditions to be imposed
(No. [Conditions «dC nition timing
Operational Works
7.2.13 Coastal protection—Pursuant to section 255D of the Sustainable Planning Act 2009, the
chief executive administering the Act nominates the Director-General of the Department of
Environment and Heritage Protection to be the assessing authority for the development to which
this development approval relates for the administration and enforcement of any matter relating to
the following condition(s):
1. The development must be carried out generally in accordance At all times
with the following plans:
e ‘Demolition Plan’, prepared by International Marina
Consultants Pty Ltd, drawing no. 4656-101, dated 28 May
2014
e ‘General Arrangement’, prepared by International Marina
Consultants Pty Ltd, drawing no. 4565-102/A, dated
10 October 2014
« ‘Elevation’, prepared by International Marina Consultants
Pty Ltd, drawing no. 4656-103/A, dated 16 October 2014.
e ‘Pile Layout, Profile and Schedule’, prepared by
International Marina Consultants Pty Ltd, drawing no.
4656-104/A, dated 16 October 2014
e ‘Pontoon Setout’, prepared by International Marina
Consultants Pty Ltd, drawing no. 4656-105/A, dated
16 October 2014
e ‘1.2m Overall Width x 7.5m Long Gangway’, prepared by
International Marina Consultants Pty Ltd, drawing no.
4656-106, dated 30 May 2014
e ‘Standard Pontoon Details’, prepared by International
Marina Consultants Pty Ltd, drawing no. 4656-109, dated
30 May 2014.
2. During the construction phase of the works: For the duration of
(a) install and maintain all measures, plant and equipment the works the subject
necessary to ensure compliance with these conditions; of this approval
(b) only use materials which are:
i; clean and free of silt;
ii. free from pests, chemicals and other contaminants
as defined under section 11 of the Environmental
Protection Act 1994; and
iii. suitable for the purpose; and
(c) promptly remove any material or debris which has been
deposited within the coastal management district or tidal
waters, other than in accordance with this approval.
3. Erosion and sediment control measures are to be installed and Prior to
maintained to prevent the release of sediment to tidal waters. commencement of
the works and
maintained until
their completion
Department of State Development, Infrastructure and Planning Page 4
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GENERAL COMMITTEE MEETING AGENDA 12 January 2015
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SDA-0914-014456
‘No. [Conditions | ontton timing
4. Should the works become damaged as a result of erosion, At all times
flooding or storm tide inundation, the registered landowner(s) of
the land to which the works are attached, shall be responsible for
the collection and removal of all debris, previously being a part of
the works, at their own expense.
No sand shall be permanently removed from the erosion prone At all times
area, and any clean sand excavated from the site must be placed
on the beach, seaward of the work.
Any debris or waste material encountered whilst undertaking Prior to the
demolition works must be suitably disposed of at the applicant's completion of works
cost.
7. The development must be in accordance with the ‘Demolition At all times
Plan’, prepared by International Marina Consultants Pty Ltd,
drawing no. 4656-101, dated 28 May 2014, in particular:
e The demolition work must incorporate best practice
measures for the protection of water quality objectives by
minimising the disturbance to the bed or banks.
Note: The water quality objectives are those of the receiving
waters as listed in the Environmental Protection (Water) Policy
2009.
7.2.15 Maritime safety—Pursuant to section 255D of the Sustainable Planning Act 2009, the chief
executive administering the Act nominates the Director-General of the Department of Transport and
Main Roads to be the assessing authority for the development to which this development approval
relates for the administration and enforcement of any matter relating to the following condition(s):
Provide written notice to: When the
Regional Harbour Master (Brisbane) development
Maritime Operations Base authorised under this
MacArthur Avenue East approval has started
PINKENBA QLD 4008 and when it has
when the development authorised under this approval has been completed.
started, and when it has been completed.
These notices must state this permit number, the location and
name of registered place and the condition number under which
the notice is being given.
“As Constructed” drawings must be provided to: Within two (2) weeks
Regional Harbour Master (Brisbane) of the completion of
Maritime Operations Base the works
MacArthur Avenue East
PINKENBA QLD 4008
10. The construction, operation or maintenance ofthe structure, and | at all times
any ship moored at this structure, must not impede the safe
navigation of other ships or restrict safe access to or from
neighbouring structures.
Department of State Development, Infrastructure and Planning Page 5
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GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 27 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
SDA-0914-014456
No. [Conditions | Conditiontiming |
11. Any ship, dry berth or device (including Air Lifting Pontoons) At all times
berthed, moored or attached to the pontoon/structure must not
exceed the following sizes:
e 9x ‘hire boat’ (5.3mx2.4m)
e 1x ‘charter boat’ (10mx3.2m)
e 6x ‘jet ski’
e 2x ‘hire boat’ (4.1mx2.0m)
e 2x ‘pontoon boats’ (6.5mx2.5m)
12. The development must be carried out generally in accordance At all times
with the plan ‘General Arrangement’, prepared by International
Marina Consultants Pty Ltd, drawing no. 4656-102/A, and dated
10 October 2014. In particular:
The structure and any part thereof, or any vessel moored at the
structure, must not extend beyond the water allocation as
indicated on the plan ‘Plan of Lot 158 - Cancelling of Lot 158 on
$P233178 & Part of U.S.L, being part of the Noosa River’,
drawing no. SP146043, and dated 4 December 2013.
13. All structures associated with the development must be lit/marked | At all times
in accordance with the following specifications, such that they are
clearly visible to approaching ships and do not cause a risk to the
safe navigation of other ships:
e Any anchors deployed by barges during the construction
must be marked yellow buoys and fitted with flashing
yellow lights.
e Any freestanding piles must have retro-reflective tape
fitted.
e The structure must be adequately lit and lighting must be
positioned so that it does not cause a risk to the safe
navigation of other vessels.
e Lighting must be provided in accordance with Maritime
Safety Queensland's requirement and section 3 of
AS 4282-1997 ‘Control of the obtrusive effects of outdoor
lighting’.
14. Any debris or similar obstruction encountered while undertaking Prior to completion of
the work must be suitably disposed of at the applicant's cost. works
15. All piles and/or structures to be demolished, both above and Prior to the
below the waterline must be completely extracted / removed. completion of works
Department of State Development, Infrastructure and Planning Page 6
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GENERAL COMMITTEE MEETING AGENDA 12 January 2015
SDA-0914-014456
SARA reference: SDA-0914-014456
Applicant reference: 201002
Council reference: OPW14/0307
Attachment 2—Reasons for decision to impose conditions
The reasons for this decision are:
e To ensure the development avoids or minimises adverse impacts on coastal
resources and their values.
e To ensure landowners are aware they must take responsibility for their damaged
property as they can impact on coastal resources and public safety.
e To ensure the natural processes and the protective function of landforms and
vegetation are maintained in coastal hazard areas.
e To facilitate the monitoring of the development works for compliance purposes.
e To ensure the development does not encroach on the navigable waterway in a way
that impedes the safe passage of vessels.
e To ensure the development does not adversely affect navigable access to
neighbouring premises.
e To ensure that at all times, all lights on or above the development site do not
interfere with safe navigation in surrounding waterways.
Department of State Development, Infrastructure and Planning Page7
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GENERAL COMMITTEE MEETING AGENDA 12 January 2015
SDA-0914-014456
SARA reference: SDA-0914-014456
Applicant reference: 201002
Council reference: OPW14/0307
Attachment 3—Further advice
General advice
Transport Operations (Marine Safety) Act 1994
1. The applicant must comply with all directions issued by the Harbour Master.
2. Any ships and equipment using the approved facility must comply with the Transport
Operations (Marine Safety) Act 1994, the Transport Operations (Marine Safety) Regulation
2004, and the Transport Operations (Marine Pollution) Act 1995.
Department of State Development, Infrastructure and Planning Page 8
Page 29 of 147Section 30
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 30 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
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Copyright protects the plan/s being ordered by you. Unauthorised reproduction or amendments are not permitted.
Page 30 of 147Section 31
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 31 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
10 ALL DIMENSIONS ANO LEVELS ARE TO BE VERFED ON SITE 170. CESGN PARAMETERS By es .
20. WHEN IN DOUBT ‘ASK’ 00 NOT SCALE MO ease wno se
30 ALL OIMENSONS ARE SHOWN IN TRES UN Wu > 57 m/s ‘
% wees Noe on ne RS UNO ~ TERRAN CATEGORY TC2 . ey
Aue a nS eT ee ee 10 = GUST QURATION = 30sec
WAVE
50 PLES ~ WIND GENERATED WAVE
~ TOLERANCE FOR ORIVING IN PLAN */- 50 mm. Hyaa™ 06m
MEASURED AS THE WORST COMBNATION CF PLAN « BOAT Wa “
DEVIATION AND QUT OF PLUMB OVER FULL TAL RANGE Hna® OS =
VERTICAL = 11N 150 MAX QUT OF PLUMB
~ CONTRACTOR TO ADVISE ENGNEER F BED LEVEL OFFERS FROM BERTHNG PACT ce
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v= O3n/s . “ age
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~ OMENSIONS ARE MEASURED TIMBER TO THBER ‘100 Fuo00 a et A aT
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ALL VESSELS SHALL BE REMOVED UNDER FLOOD CONDITIONS,
8 GUY) EX Sam DA. SPAING 10 VARY WH LOCATOR. aida Sa eo 1 oe wi ie ay ee TRL This plan is copyright and cannot
rieU fens NOMAL ROLL ee hha fe’, Hes
: ~ MAX. UNFORMLY OSTREUTED LOAD 3 kPa Pe pe PE ee Wi Tiel be used or reproduced without
90 ALL TIMBER OESGN AND CONSTRUCTION TO BE IN ACCORDANCE ~ FREEBOARD UNDER DEAD LOAD 400 + 25am ps ROR Sf a ae the written permission of
WITH AS 17201 ~ International Marina Consultants
——— LOCALITY PLAN
WALER SES -
= 2/90 x 200 GRADE F17 HARDWOOD VESSEL LENGTH OSPLACEMENT SCALE : NTS | ;
~ ALL TIMBER TO BE SEASONED AND TREATED IN im {| eeam [| ean | nternational
{a pee Te Marina
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100 ALL WELDS TO GE COMPLETE PENETRATION BUTT WELD OR onsultants
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M10 ALL ALUMINUM WORK TO BE IN ACCORDANCE WITH AS 164 %8.0 THE PROPOSED PONTOON COMPLES WITH THE GUDELNES Consultants Pty, Ltd.
7 AL OCTRUSINS 10 BE TYPE 6061-16 OR 6062-15 UNO IN AS3962-2001 “GUDELIES FOR OESGN OF MARNAS $P146043 ACN. 079 905 481
~ ALL ts SHALL BE INERT GAS WELD USING PULSE MIG 730 THE WORKS WILL BE STRUCTURALLY ADEQUATE FOR ANTICPATED USAGE LOCAL GOVERNMENT - SUNSHINE COAST RC. 473 ean pen
TH sek cual oe ean ee en WITH ALL 200 THE WORKS COMPLY WITH ALL RELEVANT CODES ~ INCLUDING THE OEHP'S LOCALITY - NOOSAVILLE husiralia
SHARP EDGES GROUND SMOOTH OPERATIONAL POUCY, BULOING AND ENGINEERING STANDARDS FOR TIDAL WORKS Phone (0713892 S71 Fax (0713892 S611
~ ALL WELOS TO BE COMPLETE PENETRATION BUTT WELD Emal - me@mc-marnascom
120 Alt STEAL AND MUMRM WORK SHALL BE NEATLY FRNSHED CLIENT:
190 PLE GUDE BLOCKS ARE TO BE ADJUSTED AS REQURED TO BAYENO PTY. LTD.
SUT PLE SIZE ANO POSITION ON SITE.
~ CLEARANCE MUST BE PROVIDED BETWEEN PLE AND
GUOE_T0 PREVENT “HANGING” OF PONTOON UNDER
FULL TOAL RANGE
140 CONCRETE PROJECT:
~ ALL CONCRETE WORKS SHALL BE IN ACCORDANCE WITH AS 3600 . U DRIVE BOAT HIRE
= MNMUM CONCRETE STRENGTH I'c = SOMP3 BER ARRANGEMEN
~ ALL STEEL RENFORCEMENT TO BE HOT OP GALVANZED THING Re T
BO WALKING SURFACES SHALL BE FINSHED IN ACCORDANCE WITH AS<S86 Tne
%60 INSULATION GENERAL NOTES &
BOLTED MATERIAL NSULATNG MATERAL LOCALITY PLAN
ALUMINUM 7 GALV DURALAC ANT] CORROSION
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OF QUEENSLAND NUMBER - 2938 Drawn By: JC.
Page 31 of 147Section 32
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 32 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
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Page 32 of 147Section 33
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 33 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
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Page 33 of 147Section 34
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 34 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
NOTES:
1 FOR GENERAL NOTES REFER TO ORAWING No 4656-100.
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Page 34 of 147Section 35
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 35 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
>< r NOTES:
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. 1 FOR GENERAL NOTES REFER TO DRAWING No. 4656-100.
2 AGL LEVELS ARE IN METRES ANO REDUCED TO CHART DATUM (CD)
Pi 3 PLS
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~ CONTRACTOR TO ADVISE ENGINEER F GEO LEVEL OFFERS FROM
OESIGN LEVEL BY MORE THAN 300mn
A %6/10/%% PONTOON LENGTH REDUCED
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Page 35 of 147Section 36
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 36 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
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Page 36 of 147Section 37
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 37 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
NOTES: _
|___ seam spans 7500 | |_3_JSHS 100 x 100 x 3__| 3 ALUMINUM STRUCTURAL EXTRUSIONS SHALL BE 6061-T6.
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Page 37 of 147Section 38
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 38 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
[a+ NOTES:
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Page 38 of 147Section 39
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
3 APPLICATION FOR REFERRAL AGENCY RESPONSE DETACHED HOUSE SITUATED
AT 62 PARK RD, NOOSA HEADS RAP14/0029
DOCMENT IN FOR MATI ON
Author Development Planner, Jack Lewis
Planning & Infrastructure Department
Index ECM / Application / RAP14/0029
Attachments 1. Proposal Plans
2. Inspection Photo
APPLICATION DETAILS
Applicant: Pacific BCQ
Proposal: Referral Agency Response – New Detached House
Properly Made Date: 24 September 2014
Information Request Date: 7 October 2014
Info Response Received Date: 3 December 2014
Decision Due Date: 15 January 2015
Number of Submissions: Not Applicable
PROPERTY DETAILS
Property Address: 62 Park Rd NOOSA HEADS
RP Description: Lot 108 SP 184118
Land Area: 1,131m2
Existing Use of Land: Vacant
STATUTORY DETAILS
SEQRP Designation: Urban Footprint
Planning Scheme: The Noosa Plan (16 September 2013)
Locality: Noosa Heads
Zone Semi Attached Housing
Assessment Type: Referral Agency Response - Planning
Page 39 of 147
Section 40
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting
dated 12 January 2015 for a Referral Agency Response for a Detached House at 62 Park Rd,
Noosa Heads and Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. 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
2. 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
TP 2.0 A Mitti Street View drawn by Frank Macchia 14/08/2014
TP 3.0 A Park Road View drawn by Frank Macchia 14/08/2014
TP 4.0 A Site Plan drawn by Frank Macchia 14/08/2014
TP 5.0 A Lower Level drawn by Frank Macchia 14/08/2014
TP 6.0 A Ground Level drawn by Frank Macchia 14/08/2014
TP 7.0 A Upper Level drawn by Frank Macchia 14/08/2014
TP 8.0 A Sections drawn by Frank Macchia 14/08/2014
TP 9.0 A Sections drawn by Frank Macchia 14/08/2014
TP 10.0 A Sections drawn by Frank Macchia 14/08/2014
TP 14.0 Landscape drawn by Frank Macchia 14/08/2014
Building Height
3. The maximum height of the development must not exceed 8 metres above the natural
ground surface.
4. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
building does not exceed the maximum height requirement of this Decision Notice.
5. Any fencing along the boundary of the site must be no more than 1.8m in height measured
from the existing ground level. Any fencing on top of the proposed retaining walls in the
north eastern portion of the site shall be setback a minimum of 1m from the property
boundary and include dense landscaping.
Page 40 of 147
Section 41
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Roof Form & External Finishes
6. The roof pitch shall be no less than 5 degrees and include eaves to at least 75% of the
perimeter of the detached house.
7. A detailed colour palette and schedule of materials shall be provided and approved by
Council prior to commencement of construction demonstrating the following:
a. The development shall be finished with appropriate colours and materials which
blend in with the existing native vegetation and backdrop, comprising muted
earth/environmental tones; and
b. The external pool walls shall be finished with appropriate materials and tones to
visually soften the built form presentation to the road frontage.
Performance Bond
8. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be
submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Building 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.
Landscaping
9. The development site and the road reserve areas must be landscaped in accordance with
Council’s Policy on Landscaping Guidelines, and in accordance with the approved
landscaping plans. Prior to landscaping works commencing within the road reserve, there
shall be a pre-start meeting with Council’s environmental officer.
10. Existing trees in the road reserve must be retained and protected during construction.
Earthworks
11. Earthworks required on site shall be carried out in accordance with Council’s Planning
Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or concentrate or direct overland flow on to an
adjoining property.
12. The ground level shall be reinstated around the building edges to screen the building in
accordance with the approved plans.
REPORT
1. PROPOSAL
The application seeks Council’s Referral Agency Approval for a Detached House at 62 Park Rd,
Noosa Heads. The proposal seeks assessment against the Specific Outcomes of the Detached
House Code in regard to setbacks, site cover and building height.
The proposal plans are included as Attachment 1.
2. SITE DETAILS
2.1 Site Description
The 1,131m2 vacant site is located on the corner of Mitti St and Park Rd, directly opposite the
entrance to the Noosa National Park.
Page 41 of 147
Section 42
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Figure. 1 – Locality Plan
The site slopes to the east towards Mitti Street at an overall rate of 25%. The site also includes
several flat bench areas that previously contained buildings.
The Park Rd frontage has a road reserve up to 30m wide in parts and is substantially vegetated
with mature native trees. There are a number of significant trees on the site proposed to be
removed as part of the development. There is an existing electricity box located in the road
reserve near the boundary of the site’s north eastern corner.
2.2 Background
Cocos Restaurant was previously located on the site before being demolished in 2007.
On the 23 March 2007, Council issued a siting variation for the construction of a detached house
on the site (2006/277). The house was never constructed and the approval lapsed. As a result,
there are no current approvals over the site.
3. ASSESSMENT
The Detached House Code regulates land use and design of detached houses. The technical
issues arising out of assessment against the Code are discussed below, with further discussion
relating to assessment against the Specific Outcomes thereafter.
Page 42 of 147
Section 43
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Criteria Planning Scheme Proposal Complies
Site cover 50% (565m2) on the ground floor and Garage Level X
2 2
30% (340m ) for the upper storey(s), - 28% (315m )
2
or - 11% (125m ) visible
2
40% (452m ) for all storeys.
Ground Level
2
- 35.3% (399m )
Upper Level
2
- 24.1% (272m )
Total Coverage
2
- 67% (755m )
2
- 43% (485m ) visible
2 2
226m (20%) of Soft Landscaping Area 210m (19%) X
Setbacks
Frontage (Mitti St) 6m 3.9m X
Frontage (Park Rd) 6m 2.5m X
Sides (south) 2.0m 2.0m
Sides (west) 2.0m 2.0m
Building height
in storeys 2 storeys max 2 storeys
in metres 8m max from Natural and Finished 12.9m to finished ground levels X
ground levels 8m to natural ground levels
Roof form
Roof Pitch 5 degrees 5 degrees
Eave overhangs 600mm to 75% 600mm to 75%
Carparking 1 4
Site Cover / Soft Landscaping
Probable Solutions S9.1 & S9.2 seek that the site cover of buildings does not exceed 50% on the
ground floor and 30% on the upper floor; with a minimum of 20% of the site provided for soft
landscaping.
Site cover refers to the total proportion of a site covered by all buildings and structures shown as
a percentage. From a birds-eye view of the site, the total site coverage is 67% (755m2).
The proposed building is set over three levels and steps up the hill, with a large grassed/terraced
podium level, which is located directly above the garage. A pool sits above the garage and
extends out in to the north eastern portion of the site, with a roof extending out over part of the
podium.
The following diagram identifies those areas at the garage level that will be more than 1m above
natural ground level.
Page 43 of 147
Section 44
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Figure.2 – Site Cover Plan (The Purple areas represents the site cover of the garage level; The
Green is the site cover of the visible elements of the garage and ground level)
Due to the topography of the site and the design of the building, the majority of the garage level
is not visible and is set into the hill. The green area on the above plan shows the parts of the
building 1m or more above natural ground level. These areas amount to only 43% of the total site
area. The applicant also indicates that over 1.8m of fill is planned on top of the buried garage
levels to provide for lawn/podium areas on the ground level with the pool. The upper storey of the
development has a site coverage of 272.6m2 (24%). Given a large portion of the garage will not
be visible, the proposed site cover is acceptable and consistent with the Specific Outcomes,
being compatible with the surrounding development.
The application includes a landscaping plan, showing extensive vegetation around the building,
to limit the perception of bulk to the adjoining Mitti Street frontage. The landscaping plan
indicates that 19% will be soft landscaping, and another 5% of landscaping area located above
the proposed garage level. This will bring the total area of landscaping up to 24%.
The split level design with open recreating areas at the ground level is considered a reasonable
response to developing the sloping site and meets the Specific Outcomes of the code pertaining
to site cover.
Setbacks
The Probable Solutions of the Code seek a 6m setback from both road frontages. The
development maintains a 3.9m setback along the pool edge and a 4.5m setback along the rest of
the façade to Mitti Street. The pool edge is also setback 2.5m from the Park Road frontage and
parts of the podium level adjacent to the pool will be retained along the boundary to match in with
the topography and terracing of the site.
The landscape plan identifies substantial landscaping is proposed within the road reserve and in
the north eastern corner of the site, adjacent to the retaining walls. 3-4m high feature pandanus
trees are proposed within this corner to visually minimise the bulk of the building, so as not to
visually dominate the Mitti Street or Park Road frontage.
Page 44 of 147
Section 45
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
While the pool area sits forward of the main line of the building, this feature will assist in breaking
up the line and plane of the building. The elevation plans indicate the pool to be finished in muted
toned render/rock and will be partially screened by the adjacent landscaping. This development
is considered to be a reasonable design element considered to meet the Specific Outcomes of
the code pertaining to setbacks.
Building Height
The Probable Solutions require the building height to not exceed 8m from the finished and
natural ground levels. The garage level has a finished ground level of 9.9m AHD and the top of
the first storey roof is at 22.8m AHD, resulting in a height of 12.9m.
The garage level is set more than 3.9m below the natural ground surface at this point and is not
visible to the site’s road frontage. The development meets the building height requirements in
respect to the natural ground level and the development will not dominate the street. The
development is consistent with the corresponding Specific Outcomes pertaining to height in
metres.
4. CONCLUSION
The split level design of the proposed detached house at 62 Park Rd, Noosa Heads is
considered to be an appropriate response to building on the sloping site. The development will
not present an appearance of bulk to the surrounding area and allows for landscaping to be
provided around the building. The development meets the corresponding Specific Outcome of
the Detached House Code and is recommended for approval, subject to appropriate conditions.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health x DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 45 of 147
Section 46
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Attachment 1 – Proposal Plans
Page 46 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Attachment 1 - Proposal Plans
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Page 46 of 147Section 47
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Ground Floor
Page 47 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Ground Floor
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Page 47 of 147Section 48
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
1st Floor
Page 48 of 147
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GENERAL COMMITTEE MEETING AGENDA 12 January 2015
2nd Floor
Page 49 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
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Page 49 of 147Section 50
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Landscape Plan
Page 50 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
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Page 50 of 147Section 51
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 51 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
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Page 51 of 147Section 52
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Attachment 2 – Inspection Photo
Page 52 of 147
Section 53
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
4 COMBINED DEVELOPMENT APPLICATION MCU14/0077 FOR WAREHOUSE AND
SHOWROOM (PLUMBING SUPPLIES) & OPW14/0324 FOR OPERATIONAL WORKS
10/100 RENE STREET, NOOSAVILLE
DOCUMENT IN FOR MATI ON
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM/ Application / MCU14/0077 & OPW14/0324
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Wilson Clark Construction Pty Ltd C/- Murray and Associates
Proposal • Industrial Business Type 1 – Warehouse
• Retail Business Type 4 – Showroom (trade related showroom,
plumbing supplies)
• Operational Works (Stormwater Drainage, Landscaping, Car
Parking and Access Driveway)
Properly Made Date 16 September 2014
Information Request Date 10 October 2014
Information Response Date 16 October 2014
Decision Due Date 15 January 2015
Number of Submissions No submissions received
PROPERTY DETAILS
Property Address 10/100 Rene Street, Noosaville
RP Description Lot 10 SP230643
Land Area 1702m²
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Shire Business Centre
Overlays Biodiversity Overlay – Environmental Protection
Natural Hazards Overlay – High Potential Acid Sulfate Soils
Assessment Type Impact Assessable
Page 53 of 147
Section 54
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting
dated 12 January 2015 regarding Application No. MCU14/0077 for a Development Permit for
Industrial Business Type 1 – Warehouse & Retail Business Type 4 – Showroom (trade related
showroom, plumbing supplies) and OPW14/0324 for Operational Works (Stormwater Drainage,
Landscaping, Car Parking and Access Driveway) situated at 10/100 Rene Street, Noosaville and:
A. Approve the application in accordance with the following conditions:
MATERIAL CHANGE OF USE
When Conditions must be Complied With
1. 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
2. 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, prepared by Date
DD201 J Floor Plan, prepared by Cool Architecture 14 October 2014
DD301 J Roof Plan, prepared by Cool Architecture 14 October 2014
DD401 J Rene Street Streetscape North Elevation, 14 October 2014
prepared by Cool Architecture
DD402 J Eastern Elevation & Western Elevation, 14 October 2014
prepared by Cool Architecture
DD403 J South Elevation, prepared by Cool Architecture 14 October 2014
2864-1 B Cover Sheet, prepared by Construction 15 October 2014
Hydraulic
2864-OP2 C Stormwater Management Plan, prepared by 15 October 2014
Construction Hydraulic
2864-OP3 C Stormwater Quality & Quantity Details, prepared 15 October 2014
by Construction Hydraulic
2864-OP4 A Stormwater Quality Maintenance, prepared by 15 October 2014
Construction Hydraulic
DD701 J Landscaping Plan, prepared by Cool 14 October 2014
Architecture
DD702 J Landscaping Notes & Schedules, prepared by 14 October 2014
Cool Architecture
Building Height
3. The maximum height of the development must not exceed 8 metres above the
finished ground level and the natural ground level.
Performance Bond
4. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to pre-start meeting. 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.
Page 54 of 147
Section 55
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Street Identification
5. 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.
Building Appearance
6. All air conditioning units or other mechanical equipment must be fully enclosed or
screened such that they are not visible from the street frontages nor adjoining
properties.
Water & Sewer Connections
7. An underground connection to reticulated water and sewerage must be provided to
the development site in accordance with the standards and requirements of Northern
SEQ Distributor–Retailer Authority (Unitywater).
8. 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.
Landscaping
9. The development site must be landscaped. The works must be undertaken in
accordance with The Noosa Plan, Planning Scheme Policy PSP03 Landscaping
Plants and Guidelines and the approved plans.
10. Dense screening vegetation must be provided for the full length of the black PVC
chainlink fence and the bin enclosure along the Rene Street frontage.
11. 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.
12. All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
Site Access and Driveways
13. A sealed access driveway must be provided from the common property road to all
parking and manoeuvring areas of the development. The works must include in
particular a driveway crossover in accordance with IPWEAQ standard drawing SEQ
R- 051 or R-052
Car Parking
14. A minimum of 17 car parking spaces must be provided and marked on the site. The
car parking must be made available and accessible at all times while the use is open
for business. The works must include in particular:
a. carspaces 1-5 and 12-15 must be allocated as staff parking spaces
b. 1 disabled parking space within the total
c. crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities
d. wheel stops for carspaces 7-12 to prevent vehicles entering the biobasin. The
wheel stops must be designed and installed in accordance with
AS/NZS2890.1:2004.
15. 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.
16. Directional signage must be provided to direct visitors and customers to the car
parking spaces provided on site.
Page 55 of 147
Section 56
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Service Vehicles
17. Service vehicle parking, manoeuvring and standing spaces must be provided on the
site.
Stormwater Drainage & Quality
18. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge.
19. Any overflow from rainwater tanks installed on site must receive treatment within the
bioretention basin prior to release from the site.
Earthworks and Retaining Walls
20. 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.
21. 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.
Damage to Services and Assets
22. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. 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.
Signage
23. All advertising signage must comply with the Advertising Devices Code.
Waste Management
24. Refuse storage, removal and collection facilities must be provided in accordance with
the following:
a. provision of separate bins (240l wheelie bins or 1.1 m3 bulk bins) for general
and recyclable waste for the site
b. collection by service vehicles from the kerbside of the internal common property
road frontage
c. provision of a hardstand impervious area within the site for the permanent
storage location of the bins, having minimum dimensions of 0.36 m2 (600mm x
600mm) per bin
d. provision of a 1.5m high purpose built enclosure to the storage location which is
screened from the street
e. provision of a wash-down area in the vicinity of the permanent storage location
fitted with a hose-cock and a drain connected to the sewer that has a
stormwater catchment area of no more than 1m².
Page 56 of 147
Section 57
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
OPERATIONAL WORKS
Prior to Commencement of Works
25. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6244.
The pre-start meeting must include the relevant parties for the following aspects of
the works:
a. Civil engineering works;
b. Erosion and sediment control works
26. A Construction Management Plan must be submitted to Council prior to the pre-start
meeting and must specifically address the following:
a. Traffic Management during all aspects of the construct phase including:
(i) A Traffic Management Control Plan in accordance with Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and
traffic control measures prior to construction
(ii) Maintenance of safe pedestrian access across the frontage of the site
both during daily construction and after daily construction has ceased
(iii) Proposed fencing to the site during the construction phase of the
development
(iv) Adequate parking arrangements for construction workers
b. Maintenance and protection of water quality and existing drainage lines through
the construction site through the implementation of appropriate erosion and
sediment control measures
c. Works program identifying key components of the works and their respective
durations
d. Establishment of a communication protocol with the general public, adjoining
owners, emergency services and local businesses to advise of construction
times, impacts on traffic and services and other relevant issues
27. Any conflict between the development and an existing or proposed service must be
referred to the relevant service authority for determination prior to commencement of
works.
During Construction
28. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets
must be repaired immediately where it creates a hazard to the community. In
circumstances where the damage does not create a hazard to the community, it must
be repaired immediately on completion of the works associated with the
development. A condition report including photographs of the Rene Street frontage of
the site should be completed and submitted to Council at the prestart meeting.
29. All works must be supervised by a Registered Professional Engineer of Queensland
(RPEQ) who is independent of the Developer and Principal Contractor, and they must
certify that all works conform to the Operational Works permit. Where municipal
works are involved, such confirmation must be submitted for the respective hold
points prior to any site inspection by Council Officers.
30. All works must be constructed in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice
b. All relevant Noosa Council Planning Scheme Policies, standard drawings,
standard specifications and guidelines
c. The latest version of the Healthy Waterways document “Water Sensitive Urban
Design Technical Design Guidelines for South East Queensland” for all water
quality devices to be constructed on site.
Page 57 of 147
Section 58
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Bioretention Basins
31. During construction and establishment of the bioretention devices, the supervising
RPEQ must certify that the device was constructed in accordance with Construction
and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water
by Design, 2009) and that the forms contained in section 3.15 of the guidelines,
including the associated supporting information and data, are completed. These
forms and certification must be submitted to council prior to commencement of use.
32. A construction hold point with a council delegate must be established once the
contributing catchment is effectively stabilised with at least 80% groundcover, and
bioretention device underdrainage pipe work is installed.
33. At the time of the construction holdpoint, a sample of the drainage layer, transition
layer, and filtration media materials must be stockpiled onsite accompanied by
laboratory results that demonstrate that the media complies with the specifications
contained in the latest version of the Guidelines for Soil Filter Media in Bioretention
Systems (Facility for Advancing Water Biofiltration) and that the minimum hydraulic
conductivity of 180mm/hr or as specified on the approved engineering plans will be
achieved.
34. The bioretention underdrains and cleanout points must be provided as uPVC pipe
generally as shown on IPWEAQ Standard DrawingWSUD-003.
35. Where the bioretention filter media interfaces with stormwater pits and retaining walls,
nonwoven geotextile must be fixed to the pit/retaining wall and extend 300mm out
into the filter media generally in accordance with IPWEAQ Standard Drawing WSUD-
001 to prevent tunnelling of water along the interface.
36. All overflow pits within the bioretention devices must be provided with letterbox type
grates in accordance with IPWEAQ Standard Drawing WSUD-001.
37. A minimum of five of the following species must be planted in the bioretention basin
surface at a minimum density of 8 plants/m2:
a. Carex appressa.
b. Carex fascicularis.Ficinia nodosa.
c. Juncus usitatis.
d. Lomandra longifolia.
e. Ghania sieberiana.
38. Where landscaping/garden beds are proposed adjacent to the bioretention basin, a
900mm deep root barrier must be installed to the interface between the
landscape/garden area and the bioretention basin.
39. Following Construction - Prior to issuing of a final compliance certificate, council must
receive evidence that the results for the in situ hydraulic conductivity testing
conducted in accordance with PRACTICE NOTE 1: In Situ Measurement of Hydraulic
Conductivity (FAWB, April 2008) for the bioretention filter media achieve the design
criteria.
40. Maintenance - All stormwater quality treatment devices must be maintained in
accordance with the Maintaining Vegetated Stormwater Assets, Version 1 (Water by
Design, 2009). Records of all maintenance activities undertaken must be kept and
made available to council upon request.
Page 58 of 147
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GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Erosion and Sediment Control
41. Erosion and sediment control measures must be installed and maintained to minimise
erosion on the site and to minimise the export of sediment and associated pollutants
from the site. The erosion and sediment control measures must be designed,
installed and maintained in accordance with current best practice standards.* Any
waters discharged from the site in a 43mm rainfall event or less must contain less
than 50mg Total Suspended Solids per Litre. (*refer to advisory notes)
42. Prescribed Water Contaminants (as defined in the Environmental Protection Act
1994) must not be released from the site or to waters within the site, or be likely to be
released should rainfall occur, unless all reasonable and practicable measures as
detailed within the International Erosion Control Association Best Practice Erosion
and Sediment Control Document (2008) are taken to prevent or minimise the release
and concentration of contamination.
43. Prior to the the issue of the Certificate of Classification, all site surfaces must be
effectively stabilised using methods which have achieved effective short-term
stabilisation and which will continue to achieve effective stabilisation in the medium to
long-term (refer to advisory notes). For the purpose of this condition, an effectively
stabilised surface is defined as one that does not, or is not likely to result in visible
evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or
lead to water contamination.
44. Any exposed areas must be effectively stabilised without delay and prior to rainfall
occurring.
Works Within Road Reserve/Reinstatement
45. Safe pedestrian access on all streets in the vicinity of the development must be
maintained at all times. Should footpath/road closures be necessary to carry out
construction works, Council’s Engineering Officer must be notified prior to the
proposed closure and all requirements complied with.
46. All frontage works must match neatly with existing road and verge/footpath features.
Additional works beyond the frontage may be required to provide an acceptable
transition to existing road and verge/footpath profiles. In this regard, any sections of
the footpath in the common property frontage of the site that is either damaged or
missing must be replaced as part of these works.
Site Access and Driveways
47. Any existing unnecessary or redundant property accesses must be removed, and the
kerb, footpath and verge area reinstated to match the existing footpath and/or verge
treatments. Grassed verge areas to be reinstated must be provided with 100 mm
topsoil and grass seed or turf, and must be maintained by the developer until
established.
48. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway must be constructed so as not to concentrate stormwater runoff
onto neighbouring properties or cause ponding of water within the road reserve
Earthworks
49. The finished surface levels of the site must be graded and shaped to ensure that all
surface runoff is directed to the proposed drainage system and not directed on to any
adjoining property.
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Section 60
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
50. All earthworks shall be undertaken in accordance with the provisions of AS 3798
Guidelines on Earthworks for Commercial and Residential Development. Certification
must be provided by an RPEQ and submitted to Council the issue of the Certificate of
Classification for the building.
Service Conduits under Existing Road Features
51. Electrical conduits or other services proposed to be installed under existing sealed
carriageways, concrete pathways or concrete/sealed driveways must be installed by
boring. Trenching is not permitted, unless specifically approved by Council.
Supervision/Certification
52. Upon completion of the work a certificate must be issued by an RPEQ certifying that
the works have been constructed in accordance with the Operational Works permit.
Landscaping
53. The finished level of all mulch in garden beds must be a minimum of 50mm below the
level of the adjacent top of pavement. All landscaping is to be constructed in
accordance with Council’s Planning Scheme Policy PSP03 Landscaping Plants and
Guidelines.
54. All approved landscaping works must be maintained in good condition for the
duration of the approved use.
55. All landscape works must be constructed and work procedure undertaken in
accordance with:
a. The approved plan and conditions detailed in this Decision Notice.
b. All relevant council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
56. Landscape works must be supervised, constructed and certified by qualified
persons*. (* Refer to Advisory Note)
Advisory Notes
Qualified Person – Landscaping
1. For the purpose of supervising landscape works and preparing a landscape
certification, is considered to be a landscape architect, landscape designer or
horticulturist with a minimum of three years current experience in the field of
landscape design.
Equitable Access and Facilities
2. 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:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's Development
Assessment to arrange a Development Compliance Inspection.
Page 60 of 147
Section 61
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Infrastructure Charges
4. This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in
accordance with Council’s “Adopted Infrastructure Charges Resolution” under the
State Planning Regulatory Provision (Adopted Charges) and the Sustainable
Planning Act 2009.
General Advisory Notes
5. Council has undertaken an audit check of the Operational Works drawings in
relations to the proposed works. A detailed check of the calculations and drawings
has not been undertaken, as they have been certified by a RPEQ. The RPEQ bears
full responsibility for all aspects of the engineering design. Council reserves the right
to require further amendments and/or additions at a later date should design errors
become apparent.
6. Council reserves the right to call up any performance bond held or levy charges
against the property, should emergency works be required to be undertaken by
Council to make the site safe due to inactivity on the development site for extended
periods of time.
7. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the
Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the
changes must be lodged with this application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
8. Contact Council on 5329 6244 to arrange a prestart or an inspection giving a
minimum of 5 business days’ notice of preferred inspection time.
9. If Council officers are required to undertake additional inspections of the same works,
a reinspection fee will be applicable in accordance with Council’s Fees and Charges
register applicable at the time.
Erosion and Sediment Control
10. Accepted best practice standards include:
a. the Sunshine Coast Regional Council Manual for Erosion and Sediment Control
V1.2 or other superseding document subsequently adopted by Noosa Council;
b. Best Practice Erosion and Sediment Control, International Erosion Control
Association (2008)
11. As a general rule, a site is determined to have achieved effective short-term
stabilisation if at the time of the request for “on maintenance”:
a. Methods of stabilisation are:
• appropriate for slopes and slope lengths; and
• are consistent with best practice environmental management practices
such as in the Manual for Erosion and Sediment Control or the IECA
Manual; and
• Stormwater runoff from the site is not currently, and is not likely to result
in visible evidence of sedimentation or erosion, or lead to water
contamination.
12. If at the time of request for “on maintenance”, the method of short-term stabilisation
has not achieved a level of stability that Council's Officers believe will have a high
probability of achieving long term stability, Council Officers may take the following
matters into consideration in determining whether the site is capable of achieving
medium to long-term stability:
Page 61 of 147
Section 62
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
a. Evidence that the site has been effectively stabilised in the short term;
b. Evidence that soil has been adequately ameliorated;
c. Evidence that seed of annual and perennial grass species has been applied at
an adequate rate; and
d. That grass seed has germinated at a density that is likely to achieve an
effective grass cover.
For example, while hydromulch can provide an immediate and effective stabilising
cover to soils, the protective cover can be relatively short-lived if vegetation fails to
establish before the thin layer of mulch decomposes. So if hydromulch is selected as
the method of temporary short term stabilisation, Council Officers will seek to confirm
that perennial as well as annual grasses are well established to reduce the risk of
instability of the site in the medium to long term. As a general rule, hydromulch will
only be accepted as a “patch” fix and should comprise no more than 20% of the
exposed site area due to the high risk of failure. Due to the requirement to
progressively stabilise exposed areas, it is not envisioned that this will present any
difficulties for an appropriately managed and compliant site.
Property Notation
MCU14/0077 – Stormwater Treatment Device
The following notation applies to the subject lot:
This property is serviced by a bioretention basin water quality treatment device that
must be maintained in accordance with the document titled Maintaining Vegetated
Stormwater Assets, Version 1 (Water by Design, 2009). Records of all maintenance
activities undertaken on stormwater quality treatment devices must be kept for a
minimum of 5 years and made available to Council upon request.
B. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The proposal adds to the range of businesses and employment opportunities in the
Shire Business Centre
2. The trade related warehouse and showroom is more compatible with industrial uses
when compared to typical retail uses and is therefore suitably located as proposed,
being a transitional area between industrial and retail uses in the Shire Business
Centre.
REPORT
1. PROPOSAL
The proposal seeks to establish an 818m² warehouse and showroom for plumbing trade and
retail sales. The applicant submits that the showroom component is an ancillary use to support
the trade business as new products need to be displayed to the trade. The proposal consists of
431m² for warehousing purposes which includes 136m² of outdoor storage area for the bulkier
and PVC items. The 387m² balance areas are for trade related sales, a showroom, 2 offices and
amenities. The layout of the proposal is shown in Figure 1 below.
Page 62 of 147
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GENERAL COMMITTEE MEETING AGENDA 12 January 2015
The built form consists of tilt panel construction with large glass panels adjacent to the showroom
part of the building and roller doors to the trade sales and warehouse areas. A 3° pitched
Colorbond roof is proposed, sloping from east to west with substantial overhangs and awnings to
both street elevations. Stormwater quality and management is provided in the form of a
bioretention swale and basin to the north west corner of the lot. The site is accessed from the
internal common property road with 12 car spaces provided along the Rene Street frontage and 5
spaces along the front of the building, providing a total of 17 spaces. A minimum of a 2m wide
landscape garden is proposed along both the Rene Street and internal common property road
frontage.
The application is before Council as the proposed uses are inconsistent within Precinct E3 of the
Shire Business Centre zone.
Figure 1 - Layout of the proposal
2. SITE DETAILS
2.1. Background
On 28 August 2008 Council approved 132007.1841 for Industrial Business Type 1 – Warehouse
and Type 2 – Production, repackaging & repairing and Education Type 3 – Adult for 11 factory
units. The approval granted an 11 lot industrial community title development comprising the
whole of Precinct E3. Consequently the small cul de sac road which provides access to all lots is
common property and not Councils asset. A built form has been approved on each lot.
Page 63 of 147
Section 64
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
132007.1841.2 - A change to the development approval was approved on 23/12/2010 which
amended the payment times of the Infrastructure Charges.
132007.1841.03 - A change to the development was approved on 31/01/2012 to stage the
development.
2.2. Site Description
The site is level except for a slight slope towards the north west corner of the land.
2.3. Surrounding Land Uses
The site and Precinct (E3) adjoins industrial uses. Across Rene Street and opposite in Precinct
E4 is vacant land and a recently approved self-storage facility and a recently constructed
industrial business.
Figure 1 - Location of surrounding uses.
Page 64 of 147
Section 65
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
• State Planning Policies;
• the South East Queensland Regional Plan;
• State Planning Regulatory Provisions;
• any Structure Plan or Master Plan in place for declared areas;
• any Preliminary Approval Overriding the Planning Scheme for the land;
• the Planning Scheme for the local government area; and
• any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policies
The proposal meets the Integrated Development Assessment requirements of State Planning
Policy 2014.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
• SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and is zoned Shire Business Centre. The
proposed uses are identified as inconsistent uses within the zone and are required to follow an
impact assessable application process.
A current approval over Precinct E3 permits Industrial Business Type 1 – Warehouse within the
Precinct. Currently there are 3 Industrial Business Type 1 – Warehouses established within
Precinct E3 under the current approval for the site.
Locality Provisions
The Planning Scheme definition allows 20% of a warehouse use area to be used for the sale of
goods from the use. The proposal includes a retail area for trade related sales/showroom totalling
47% of the use area, exceeding the maximum allowable by 27% and therefore, a portion of the
proposal is considered Retail Business Type 4 - Showroom.
The Noosaville Locality Code provides the following Specific Outcomes for development within
Precinct E3 of the Shire Business Centre:
Page 65 of 147
Section 66
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
O140 - Development within Precinct E3 is designed and sited to form a key employment node
based on environmental research and development, in accordance with the sensitivities of the
surrounding area and promoting Noosa’s position in pursuing environmental excellence;
The proposal is not based on environmental research nor does it promote Noosa’s position in
environmental research. The proposal would provide additional employment opportunities within
an already established industrial type Precinct and also within the Shire Business Centre.
O141- The nature, design and operation of any use within Precinct E3 is compatible with uses in
other precincts, including the open space functions in the Open Space Precincts and Industrial
business uses in the Noosaville Industrial Estate; and
O142 - Development has a significant business relationship with development in Precinct E4;
The lot adjoins the Noosaville Industry zone where a variety of industrial uses exist. Opposite the
site in Precinct E4 of the Shire Business Centre industrial businesses are a consistent use and a
self-storage facility and food repackaging/distributor have recently been approved. The proposal
would be compatible with these nearby uses given its industrial nature catering to the trade
professions and the showroom component being ancillary to and essential for a contemporary
plumbing supply outlet. The proposal would provide another choice for consumers in the Shire
Business Centre.
With regard to the location of showrooms within the Shire Business Centre, Retail Business Type
4 – Showrooms are a consistent use in Precinct B3. Typical retail uses that require larger floor
spaces such as Dick Smith Electronics, BCF, and Supercheap Auto are currently located in
Precinct B3. The proposal does require a larger floor space but, given the custom base, the
industrial warehouse component and nature of the use, it has the potential to cause conflicts with
typical retail uses.
Despite showrooms being inconsistent within Precinct E3, it is considered the trade related
nature of the proposed use is compatible with and has a closer relationship with industrial uses
when compared to a typical retail use, and is well suited to its proposed location.
Criteria Planning Scheme Proposal Complies
Site Area 1702m²
Plot ratio 1021 m² max 682m²
0.6:1 max. 0.4 :1
Landscaped open space 170 m² min 210 m²
Soft landscaping 10% 11.8%
Landscaping Setbacks 6m to the internal loop The proposal does
road not have frontage N/A
to the internal loop
road.
Landscaping setback to
2m 2m – 4m
carparking
Building height
• storeys 2 storeys max 1 storey
• metres 8 metres 7.2 metres
Carparking 17 spaces 17 spaces
Page 66 of 147
Section 67
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Roof Form - Eaves and Roof pitch
The Code requires that development in the Shire Business Centre provide a minimum of 0.6m
eaves to 75% to the perimeter of the building and a roof pitch no less than 5°.
The proposal is built with a zero boundary setback to 2 boundaries and therefore it is impossible
to provide eaves to 75% of the building. The design has provided substantial awnings to the west
and eastern elevations for solar protection and visual interest. The building as a whole is
articulated and uses a combination of roof overhang and awnings to provide visual interest. A 5°
roof pitch is unlikely to provide a better visual outcome. The building presents well to Rene Street
and will contribute positively to the existing character of the surrounding industrial area where no
eaves or roof pitch provisions are required.
4. CONSULTATION
4.1. Other Referrals
The application was forwarded to Unitywater and the following internal Council specialists:
• Engineering Officer
• Hydrology Officer
• Ecologist
4.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. No submissions were received.
5. CONCLUSION
A trade related warehouse and showroom are inconsistent uses within Precinct E3 and will not
add to Noosa’s position in environmental research. However, an existing development approval
permits industrial business within Precinct E3 with a number of businesses already established.
Furthermore, industrial uses are consistent in Precinct E4, (which is located opposite the site)
and in the Industry zone that adjoins the site. It is considered that the trade related nature of a
contemporary plumbing supply outlet is more suitably located with industrial uses rather than with
typical retail uses. The proposed use is compatible with surrounding uses, adds to the range of
employment opportunities in the Shire Business Centre and the proposed built form will
contribute positively to the area. The proposed plumbing supply warehouse and showroom is
recommended to be supported subject to conditions.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 67 of 147
Section 68
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
ATTACHMENT 1
Page 68 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
RP Details
Lot 10 on SP230643 20"
Site Area - 1702 m@ a6" 58 7
Site Coverage - 47.4% (806.8m*) ¢ ser
Local Authority - Noosa Council et oat ZONA
Parish - Tewantin Ss tT e TF ae. Be
County - March Rene a ( 2 er at 48
Shire - Noosa Shire = (g00m
Locality - Noosaville ee I. 3
Precinct - E3 11250 sap 4s" _— : Qe
Zone Map ZM8 - Shire Business Centre * * rem oo 3 m1 \2
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— ca c3 ct cs
98° 51°00" ee oe —\e % /\
- Extent of Landscaping 4.188 m eT ot C1 " g 0, \
~ 12:4 me \ \\
s Be - 1 ot 5 - 9 a le (Lie 5 \\
& oh pel [= - 7 8 i <—-K-9600 peo ae “\ 83 \\
RS - Shared Zone eS tine of <n ; 6 4 a0” 2600 4\ 38 \\
° 7 i 4 s pam 7 2600 B%\ 938 \\
concrete hardstand . . 3 _4-ggq0 260° 83\ 58 \\
Car Parking Dimensions - 1 —#pao0 i 324\ 33 \\
fenced ~~ 9400 driveway &\ $¢ \\
User Class 3 - 5400 x 2600 =9 ig ye \ +4 7400 2400 concrete herdstand 3 \ an
User Class 1 - 5400 x 2400=7 g ‘open use 49400 2g | \
User Class 4 - 5400 x 2400=1(+1) warehouse si - y 7600 , 2400 , 2400 , 2600 , , 2600 Ss |
136.4m2 3 7] 18h 1s ta gi |
= ind & ‘bol.
XN line of roof above A cles _ _
2 a I line of scs above zone eB
8 | ino... | fal 88
Materials & Finishes 4504 rd 48x70 10 48x48 326 | thrf "38ove o3 8&8 c3 ok
. 8 & . 8 auto doors line of awn above 13 ~
abs aluminium batten screen 8s | onenk afd 27x40 at 27x40 atw 27x40
afd aluminium framed auto sliding door mS peel = = = = *
afw aluminium framed window with fixed glass ! foyer
afws aluminium framed window with sliding panel 2° (
awn__ light weight awning typ |=
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bol _bollard 3 warehouse trade related sales showroom lz a |
ors colorbond roof sheet -imdek @ 3 pitch 3 6m min. ceiling height 3.6m ceiling height 3.6m ceiling height |* 8
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fg fascia gutter 8 295.0m 212.0m? 175.0m 5 g
mv mechanical ventilation ~ polished concrete polished concrete ls s 2
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pef black pve chainlink fence |= Fe
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. 150 90 ren ie 26RD WC crs 30mcoing Som 22809 om Lc f t
Note - refer to engineers drgs for 50 90 90 330 90 90 90 90 278" 50°50" 50.401 m
floor & driveway levels ‘“ 7 pe 7 , " ‘“
14020 3210 4599 2490 2630 4310 3000 14180
Copyright * 46510 °
This design is the intellectual property of Cool Architecture
The reproduction of this documentation is not permitted F | oor P | an
and is subject to international copyright laws.
without prior consent.
COOL ARCHITECTURE Project: Issue-Date-Initial-Revision Title: Drawing #:
Elaroo Pty Ltd \ A-05.05.14-LR-Concept Design Floor Plan DD201
. B-14.0514-LR-Design Development
Phone: 07 5448 8850 Proposed Industrial Dev C-19.05.14-LR-Draft DA
[email protected] Lot 10/100 Rene Street to3e'oed 4-UR-internal Planning’? A3 Scale: Des: LR/GM Project #: | Issue:
2A/ 35 Seaside Blvd Marcoola Q 4564 Noosaville Q J-14.10.14-LR-Information Request 1:200 Chk: GM 14.019 J
Page 68 of 147Section 69
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 69 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Materials Legend
UI - Trimdek Roof Sheeting @ 3° pitch 7 \
_ s ded c te Slabt t AC unit street — area —\
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details and location. ° |
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Copyright
This design Is the intellectual property of Cool Architecture R
The reproduction of this documentation is not permitted Oo Oo f P | a n
and is subject to international copyright laws.
without prior consent.
COOL ARCHITECTURE Project: Issue-Date-Iinitial-Revision Title: Drawing #:
Elaroo Pty Ltd \ A-05.05.14-LR-Concept Design Roof Plan DD301
. | | 8-14.05.14-LR-Design Development :
Phone: 07 5448 8850 Proposed Industrial Dev ‘ C-19.0514-LR-Draft DA
[email protected] Lot 10/100 Rene Street | Pag oadactRcinteccal leaning 2 A3 Scale: Des: LR/GM Project #: | Issue:
2A/ 35 Seaside Blvd Marcoola Q 4564 Noosaville Q . a -14.1014-LR-laformation Request 1:200 Chk: GM 14.019 J
—e 2A 1/99 2885/08 DIVU Marcoula U 4004 | mvuveaviis wu i 1” ~ - ~ ~ wT 1 '.e2uyu vun. uM trewew -
Page 69 of 147Section 70
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 70 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Materials & Finishes Copyright
abs aluminium batten screen This design is the intellectual property of Cool Architecture
afd aluminium framed auto sliding door and is subject to international copyright laws.
afw aluminium framed window The reproduction of this documentation is not permitted
awn light weight awning without prior consent,
bol bollard
crs colorbond roof sheet - trimdek @ 3° pitch
fg fascia gutter
rd roller door
wv roof vents
pef black pve chainwire fence with 3 strands
of barbed wire above 2.4 high
ptp painted tilt panel
ptr painted tilt panel with rebates
sed _ solid core weatherproof external grade door
s8c3 suspended concrete slab
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Eastern Elevation Western Elevation
Note - refer to engineers drgs for
floor & driveway levels
COOL ARCHITECTURE Project: Issue-Date-Initial-Revision Tithe: Drawing #:
Elaroo Pty Ltd A-05.0514-LR-Concept Design Side Elevations DD402
B-14.05.14-LR-Design Development
Phone: 07 5448 8850 Proposed Industrial Dev C-19.05.14-LR-Draft DA
[email protected] Lot 10/100 Rene Street to2e0014-UR Internal Planning = A3 Scale: Des:LR/GM Project #: | Issue:
2A | 35 Seaside Blvd Marcoola Q 4564 Noosaville Q 3-14,1014-LR-Information Request 1:200 Chk: GM 14.019 J
Page 70 of 147Section 71
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 71 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Materials & Finishes Copyright
abs aluminium batten screen This design is the intellectual property of Cool Architecture
afd aluminium framed auto sliding door and is subject to intemational copyright laws.
afw aluminium framed window The reproduction of tis documentation Is not permitted
awn light weight awning without prior conse
bol —_—bollard
crs colorbond roof sheet - trimdek @ 3° pitch
fg fascia gutter
rd roller door
v roof vents
pef black pvc chainwire fence with 3 strands
of barbed wire above 2.4 high
ptp _ painted tilt panel
ptr painted tilt panel with rebates
sed _ solid core weatherproof external grade door
8cs suspended concrete slab
9 , 19300 y 27210 ,
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South Elevation
Note - refer to engineers drgs for
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COOL ARCHITECTURE Project: Issue-Date-Initial-Revision Title: Drawing #:
Elaroo Pty Ltd A-05.05.14-LR-Concept Design South Elevation DD403
B-14.05.14-LR-Design Development
Phone: 07 5448 8850 Proposed Industrial Dev C-19.05.14-LR-Dratt DA
[email protected] Lot 10/100 Rene Street Idebate-Leclpeersal Planning A3Scale: Des:LR/GM Project #: | Issue:
2A/35 Seaside Blvd Marcoola Q 4564 Noosaville Q J-14,.1014-LR-Information Request 1:200 Chk: GM 14.019 J
Page 71 of 147Section 72
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Page 72 of 147
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
$F
RP Details t (Ax path 7
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[5] - Extent of Bio-retention Basin Landscaping Plan
COOL CHITEC \) F Project: Issue-Date-Initial-Revision Title: Drawing #@:
AR T R Elaroo Pty Ltd \ A-05.05.14-LR-Concept Design Landscaping Plan DO701
i - B-14.05.14-LR-Design Development
Phone: 07 5448 8850 Proposed Industrial Dev 4 ' C-19.0514-LR-Draft DA
[email protected] Lot 10/100 Rene Street \ 2oo01 4cURcloternel flanaing = A3Scale: Des: LR/GM Project #: | Issue:
2A / 35 Seaside Blvd Marcoola Q 4564 Noosaville Q . J -14.10.14-LR-Information Request 1:200 Chk: GM 14.019 J
Page 72 of 147Section 73
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
5 APPLICATION FOR BUILDING WORKS WITHIN 4.5 METRE SETBACK SITUATED AT
81 SHOREHAVEN DRIVE, NOOSAVILLE - RAP14/0040
DOCUMENT IN FOR MATI ON
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM/Application/RAP14/0040
Attachments 1. Locality Plan
2. Proposal Plans
APPLICATION DETAILS
Applicant R & M McGuire
Proposal Building Works within 4.5 metres canal setback
Properly Made Date 3 December 2014
Information Request Date Not Applicable
Information Response Date Not Applicable
Decision Due Date 15 January 2015
Number of Submissions Not Applicable
PROPERTY DETAILS
Property Address 81 Shorehaven Drive, Noosaville
RP Description Lot 465 RP 868304
Land Area 722m²
Existing Use of Land Dwelling under construction
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Detached housing
Overlays Natural Hazards Overlay – High Potential Acid Sulfate Soils
Natural Hazards overlay – Flood Hazard Area
Assessment Type Concurrence Agency Referral
Page 73 of 147
Section 74
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting
dated 12 January 2015 regarding Application No. RAP14/0040 for a Concurrence Agency
Response situated at 81 Shorehaven Drive, Noosaville and approve the application in
accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Concurrence Agency Response must be
complied with prior to the use commencing, and then compliance maintained at all times
while the use continues.
Approved Plans
2. 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, prepared by Date
1416Asbuilt.dwg Asbuilt Building Location, prepared by Sight 24/11/2014
Surveys
1410 – 10 B Elevations 3 & 4, prepared by Design to Detail 15-07-14
Performance Bond
3. Security in the form of a cash bond or trading bank guarantee to the sum of $2,000 must be
submitted to Council to secure performance of all conditions of this approval. The bond
submitted for PBA14/0018 can be used for this condition. 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.
Noosa Waters Setback
4. The land area within 4.5 metres of the revetment wall must be developed in accordance
with the following requirements:
a. a minimum of 25% of the area must be planted with shrubs.
a. a maximum of 25% of the area must be under hard pavement and the balance must
be turf or ground covers.
b. any tree species planted must not have a mature height that exceeds 3 metres.
c. two (2) trees of suitable species must be planted adjacent to the steel columns and
the concrete plinths to both the eastern and western boundaries. The planted
vegetation must have a minimum pot size of 45 litres, have a minimum spacing of
1.5m and consist of native, endemic species with a mature height of not more than 3
metres. The trees must be planted in accordance with Council’s Planning Scheme
Policy PSP3 Landscaping Plants and Guidelines.
d. all land within 1 metre from the revetment wall must not be planted with shrubs, and
instead must be provided with either turf or ground cover.
e. any side boundary fencing within 4.5 metres of the revetment wall must taper down to
a maximum height of 1.2 metres at the revetment wall, and must have a height not
exceeding 1.5 metres at a distance of 2.25 metres from the revetment wall.
Page 74 of 147
Section 75
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
REPORT
1. PROPOSAL
The proposal seeks approval for as constructed building works within the 4.5m setback to the
Noosa Waters canal. The encroachment consists of 4 concrete plinths, 4 steel columns
supporting the roof and a portion of the upper level timber deck of the partially constructed
dwelling. Table 1 below summarises the extent of the encroachments.
Table 1 - Summary of the encroachments
Structure Encroachment Height Above Natural Ground Level
(NGL)
4 x Concrete plinths 3 x 0.9m 2m approx.
1 x 0.33m
Steel columns and roof facia 0.29m – 0.32m 6.8m – 7.8m
Lower deck 0.10m 1.2m approx.
Upper level deck (2.5m width) 0.20m 4m approx.
Figure 3 - Plans showing the encroachment
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Section 76
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
Figure 2 - Annotated photo showing the 4.5m setback (approx.) and the columns and
concrete plinths
2. SITE DETAILS
2.1. Background
A Development Permit for Building Works DA 20140118 was granted by Pacific BCQ on 15 July
2014. The Approved Plans are annotated indicating that no part of the building was to encroach
into the 4.5m setback. A complaint for works under construction within the 4.5m setback area
triggered enforcement action and an application for a garden wall was submitted.
The application was a Preliminary Building Approval Assessable against the Planning Scheme
PBA14/0018 for which approval was granted for the garden wall. This application assessed the
garden wall in regard to flood storage, impacts on the revetment wall and amenity.
The applicant suggests that the subject encroachment of this current application should have
been addressed as part of PBA14/0018. Application PBA14/0018 was for a garden wall and
works subject of this application (RAP14/0040) were under construction at the time, and were
subject to a Building Approval under the jurisdiction of the Private Certifier.
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Section 77
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
2.2. Site Description
The site is generally level with the typical batter from the building platform to the top of the
revetment wall seen in Noosa Waters lots that adjoin the canal system.
2.3. Surrounding Land Uses
Detached Houses and the Noosa Waters canal.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
• State Planning Policies;
• the South East Queensland Regional Plan;
• State Planning Regulatory Provisions;
• any Structure Plan or Master Plan in place for declared areas;
• any Preliminary Approval Overriding the Planning Scheme for the land;
• the Planning Scheme for the local government area; and
• any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
• SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and is zoned Detached Housing.
The application is for a Concurrence Agency Referral pursuant to Schedule 4 of the Sustainable
Planning Act 2009 which exempts dwellings from being a material change of use within the urban
or rural residential areas. In these cases a private certifier is the assessment manager not
Council, as would be the case in a normal code assessable application process where Council is
the Assessment Manager. The private certifier refers the building application to Council when
there is a non-compliance with the Acceptable Solutions of the Planning Scheme. In regard to
this application, the Building Approval has been issued but because the certificate of
classification has not been issued by the certifier the appropriate process is a Concurrence
Agency Referral.
Land Use
The setback encroachments are required to be assessed against the special provisions for
Noosa Waters in the Detached House Code and are set out below:
Specific Outcome O32 - The flood detention and amenity functions of areas adjacent to the
revetment walls within Noosa Waters Estate are retained and enhanced by ensuring—
Page 77 of 147
Section 78
GENERAL COMMITTEE MEETING AGENDA 12 January 2015
a) works do not protrude through a batter line of 1:4.5 measured from the centre line of the
revetment wall;
b) there is no additional load placed on the revetment wall;
c) works do not pose a risk to the membrane adjoining the revetment wall;
All works are above the flood containment level except for a portion of the concrete plinths. The
total quantity of flood storage displaced by the plinths is 0.2m³. To offset the displacement, the
setback area has been re-profiled (slightly excavated). There is no net reduction of flood storage
as a result of the works within the 4.5m setback.
The applicant has provided certification from a Registered Professional Engineer of Queensland
(RPEQ) that certifies the flood storage function of the setback is not reduced and there is no
additional load on the revetment wall, nor do the works pose a risk to the membrane near the
revetment wall.
d) the amenity of the locality is not adversely affected by the building works, filling or
excavation works or improvements.
The plinths are approximately 2m above the natural ground level, of which the majority would be
screened by a dividing fence. The Planning Scheme allows vegetation up to 3m in height to be
planted within the setback, which when combined with the fence would effectively screen the
plinths. A condition could be imposed to ensure that mature pot sized vegetation is planted along
the boundaries which would provide immediate screening of the plinths.
The building is prominent at the setback line, given that the roof height is approximately 7.5m
above the finished ground level. The columns impede views from neighbouring properties to a
maximum width of 0.36m forward of the required setback. The face of the building is a V shape
being setback between 6m–11m from the revetment wall leaving the rear of the building an open
structure. This allows light and views through an area which could be enclosed ‘as of right’.
Figure 3 below shows annotated photos of the works that are forward of the required setback and
the area that could be enclosed.
Figure 3 - The extent of encroachment. Red shaded - area that could be enclosed may be enclosed.
Page 78 of 147
The text continues on section 79.