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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 11 September 2018
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson, Tony Wellington
“Noosa Shire – different by nature”
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Full text of sections 2 to 68 (of 95)
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 MCU18/0084 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
FOR VISITOR ACCOMMODATION TYPE 3 (RURAL CABINS) AT 340 POMONA
KIN KIN ROAD, PINBARREN 3
2 MCU17/0005 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
ENTERTAINMENT AND DINING BUSINESS TYPE 2 RECREATION,
AMUSEMENT & FITNESS (PAINTBALL), 113 MARARA ST COOROY 22
3 MCU17/0046 PLANNING & ENVIRONMENT COURT APPEAL NO 2843 OF 2018
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR DUPLEX
DWELLING AT 38 PARK CRESCENT, SUNSHINE BEACH 33
4 OPW17/0555 PLANNING & ENVIRONMENT COURT APPEAL NO 2760 OF 2018
DEVELOPMENT PERMIT FOR OPERATIONAL WORKS FOR SIGNAGE AT 4-24
GIBSON RD, NOOSAVILLE 46
5 132006.1395.4 PLANNING & ENVIRONMENT COURT APPEAL NO 2995 OF
2018, REFUSAL OF EXTENSION TO RELEVANT PERIOD FOR 10 MULTIPLE
DWELLING UNITS AT 142 NOOSA DVE, NOOSA HEADS 48
6 COM18 0263 PLANNING & ENVIRONMENT COURT APPEAL NO 2881 OF 2018,
ENFORCEMENT NOTICE ISSUED TO NOOSA AIRFIELD, LAKE WEYBA DVE &
EENIE CREEK RD, NOOSAVILLE 51
7 CONSERVATION LAND GUIDELINES 57
8 REGISTER OF PREQUALIFIED SUPPLIERS FOR THE SUPPLY OF
ECOLOGICAL RESTORATION SERVICES 1718T077 87
9 LGAQ ANNUAL CONFERENCE PROPOSED MOTION - ELECTRONIC GAMING
MACHINES 91
10 ESTABLISHMENT OF TEEWAH AND COOLOOLA WORKING GROUP AND
APPOINTMENT OF COUNCILLOR REPRESENTATIVE 94
CLOSED SESSION -
Page 2 of 95
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU18/0084 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
VISITOR ACCOMMODATION TYPE 3 (RURAL CABINS) AT 340 POMONA KIN KIN
ROAD, PINBARREN
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Environment and Sustainable Development Department
Index ECM/ Application/ MCU18/0084
Attachment 1. Proposal Plans
APPLICATION DETAILS
Applicant Sarah Keating
Simon Marsh
Proposal Material Change of Use for Visitor Accommodation - Type 3 Rural
Properly Made Date 25 May 2018
Information Request Date 7 June 2018
Information Response Date 26 June 2018
Decision Due Date 2 October 2018
Number of Submissions 1
PROPERTY DETAILS
Property Address 340 Pomona Kin Kin Rd, Pinbarren
RP Description Lot 26 M 37911
Land Area 15.68 ha
Existing Use of Land Dwelling house
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production
Locality Mary River Catchment
Zone Rural
Overlays Biodiversity Overlay – Riparian buffer
Natural Hazards Overlay – Bushfire hazard
Natural Resources Overlay – Agricultural land conservation area
Assessment Type Impact
Page 3 of 95
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 11 September 2018 regarding Application No. MCU18/0084 for a
Development Permit for Material Change of Use - Visitor Accommodation - Type 3 Rural
(Cabins) situated at 340 Pomona Kin Kin Rd, Pinbarren Qld 4568, and
A. 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
A1 C Site Plan, prepared by Jim Morehead Building Design and 06/08/18
Drafting as annotated by Council
A2 B Site Plan – Aerial View, prepared by Jim Morehead 06/08/18
Building design and Drafting and as annotated by Council
A3 B Part Site Plan, prepared by Jim Morehead Building design 06/08/18
and Drafting and as annotated by Council
A4 A 2 Bedroom Cabin – Floor Plan & Elevations, prepared by 01/05/18
Jim Morehead Building Design and Drafting
A5 A 2 Bedroom Cabin, prepared by Jim Morehead Building 01/05/18
Design and Drafting
3. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting nuisance or other emissions.
Built Form
4. The cabins must be finished in colours that are muted/earth environmental tones that
blend with the natural environment.
5. Window hoods must be provided to all windows to provide weather protection.
6. Weatherboard cladding must be provided to at least 1 cabin in each Stage.
7. The maximum height of the development must not exceed that indicated on the
approved plans.
Performance Bond
8. Security in the form of a cash bond or trading bank guarantee to the sum of $3,000
must be submitted to Council prior to the issue of a Development Permit for Building
Works, to secure the carparking and landscaping conditions of this approval. The
cash bond or trading bank guarantee will be returned on performance of these
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. Screening vegetation must be planted near the cabins in accordance with Council’s
Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. In this regard
screening trees must:
Page 4 of 95
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
a. be planted to the north side and for the full length of the cabins and be setback
a minimum of 20m from the northern boundary;
b. be planted on the western side of Stage 1 cabins to screen the development
from the Pomona Kin Kin Road;
c. must have a minimum pot size of 75mm and consist of species Syzygium
smithii (formerly Acmena smithii), Waterhousia floribunda and Syzygium
francisii or similar native local species planted at a maximum spacing of 3 metre
centres; and
d. be planted as part of the first stage of development.
10. Landscaping must be provided in-between the cabins as they are constructed. The
landscaping must be in accordance with Council’s Planning Scheme Policy PSP 3
Landscaping Plants and Guidelines.
Staging
11. The development may be staged in accordance with the stages shown on the
Approved Plans. The development need not be completed sequentially in the stage
order indicated on the Approved Plans provided the landscaping and carparking area
to service the development and associated services are constructed as part of the
first stage.
Nature and Extent of Approved Use
12. The total number of cabins must not exceed 6 and a maximum of 2 bedrooms per
cabin.
13. The cabins must be used for short term visitor accommodation only. The cabins must
not be used for permanent accommodation.
Water Supply
14. The development must be provided with a potable water supply connected to each
cabin. The storage capacity of the potable water supply must be a minimum of 4000
litres per cabin.
Waste Water Treatment and Disposal
15. The development must be provided with an on-site waste water treatment and
effluent disposal system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
Waste Storage
16. Waste storage and disposal facilities must be provided in accordance with Planning
Scheme Policy 9, Waste Management.
17. All refuse and recycling containers must be suitably screened from neighbouring
properties.
ENGINEERING
Site Access and Driveways
18. Approval from the Department of Transport and Main Roads for the final design and
construction of the site access and driveway works must be submitted in writing to
Council prior to the commencement of the use.
Car Parking
19. A minimum of 7 car parking spaces must be provided and marked on the site as part
of the first stage of development. The carparking area must be designed by a suitably
qualified person and must be constructed with:
Page 5 of 95
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
a. a suitably bound surface that minimises the impacts of dust and noise on the
proposed development and the adjoining property;
b. dimensions, crossfalls and gradients in accordance with Australian Standards
AS/NZS2890.1:2004 and AS/NZS2890.6:2009 for the relevant user class.
Stormwater Drainage
20. Stormwater runoff from the development must be disposed of on-site without causing
scour or damage to the subject site or any adjoining property.
Earthworks
21. All earthworks 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.
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.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The application seeks a Development Permit for Material Change of Use for visitor
accommodation in the form of 6 two bedroom cabins to be introduced in 2 stages. Stage 1
includes 3 cabins and should there be sufficient demand, another 3 cabins will be constructed as
Stage 2. The cabins measure 6.5m x 5.8m with a gross floor area of slightly less than 38m²,
consist of a saw tooth roof form and a covered front veranda. The external walls consist of
insulated sandwich panels which the applicant proposes to either paint muted environmental
tones or clad in a weather board type finish. The applicant has also indicated that window hoods
could be added. The cabins are less than 4m high. Figure 1 shows a typical floor plan and
elevations of a cabin.
Page 6 of 95
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Figure 1 – Floor plan and elevations
Setbacks are a minimum of 40m to the nearest boundary and approximately 174m – 200m from
the Pomona Kin Kin Road frontage. Landscaping is proposed in-between the cabins and
between the cabins and the northern boundary. Figure 2 below shows an aerial of the site
overlaid with the cabin location.
Page 7 of 95
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Figure 2 – Aerial view showing the cabin location
A gravel car parking area is proposed for 7 vehicles including a disabled space to be accessed
from the existing sealed driveway. A walking track to access the cabins is also proposed.
The applicant has provided the following business outline as part of their operational plan:
Our target market is young families who want to come and stay in a rural location and enjoy a
lifestyle farm setting. We will have a variety of small animals on site namely chickens, guinea
fowl, pygmy goats, Dexter cattle, sheep, and horses (2 of each breed except chickens where we
will have 6) and will encourage the families to help with feeding and collection of eggs.
We would also like to attract those who want to enjoy the wildlife we have here, such as the
many types of birds and butterflies, and will advertise on nature sites and forums. As we are
located just off the Noosa Trail Network we hope that this will be an incentive to those who would
like to go walking/hiking or mountain biking during the day and enjoy the Noosa countryside.
We will not allow any type of motorised vehicles such as trail bikes/motocross etc. on site (other
than the main car in the designated area) as this would scare the local wildlife and could become
a noise nuisance to other visitors, our neighbours and ourselves.
We think that the provision of cabins in this setting will be a wonderful opportunity for those
people who want a back to nature experience with the comfort of a self-contained cabin.
The application is before Council because of a detailed submission against the development.
2. SITE DETAILS
2.1. Site Description
The lot is generally rectangular in shape with the western 1.2ha (approx.) of the property severed
by Pomona Kin Kin Road as shown in Figure 3 below. Both sides of the Pomona Kin Kin Road
are low lying. A seasonal drainage line is centrally located longitudinally through the lot. The
southern boundary has frontage to the south end of Camphor Road. The lot slopes up from
Pomona Kin Kin Road to the eastern boundary. The dwelling house and associated sheds are
located behind a stand of native vegetation toward the centre of the lot. The dwelling house and
sheds are accessed by a sealed driveway from the Pomona Kin Kin Road. Figures 3 and 4 below
show an aerial view and locality plan of the lot.
Page 8 of 95
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Figure 3 – Aerial Plan. The perimeter of the lot shown in red
Figure 4 – Locality Plan
2.2. Surrounding Land Uses
The site is generally surrounded by pasture on small lot tenure similar in size to the subject lot.
Activities typically found on small rural tenure such as hobby farms, equine uses, small scale
cropping and some combined lots suitable for cattle grazing surround the lot. The lot is in close
proximity to Trail 2 of the Noosa Trail Network. Figure 5 below shows the subject site and
proximity to Trail 2 of the Noosa Trail Network.
Page 9 of 95
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Figure 5 – Subject site and Trail 2 of the Noosa Trail Network in yellow.
The cabins are proposed nearly 400m from the neighbouring dwelling to the north and around
300m to the neighbouring dwelling to the south.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Regional Landscape and Rural Production area of the SEQ
Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for a tourist activity which complies with the provisions for the Regional
Landscape and Rural Production Area outlined in the Planning Regulation 2017.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the
provisions are relevant to the development.
Page 10 of 95
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Locality Provisions
The subject site is located in the Mary River Catchment Locality and is zoned Rural. The
proposed use is a consistent use within the zone and is required to follow an impact assessable
application process.
Overall Outcome 8.7.2 mm) of the Mary River Catchment Locality Code is relevant to the
assessment of this application and states:
mm) For the Rural Zone — rural land is protected and appropriately managed such that:-
i. agriculture and habitat protection are the dominant land uses;
ii. the scenic and environmental values, the distinct rural amenity and agricultural
productivity of the locality are preserved and are not adversely impacted as a
consequence of development on or adjacent to that land; and
iii. locally appropriate enterprises such as bed and breakfast accommodation, farmstays,
cabins, camping grounds, roadside stalls and home-based businesses enhance the
economic sustainability of the hinterland; and…
The property is a small rural tenure, designated as an Agricultural Land Conservation Area. The
cabins are 37.7m² each with a total combined footprint of 228m² which translates to the cabins
occupying less than 1% (0.15%) of the lot area. Given their small scale, the cabins are unlikely to
negatively impact on, constrain or alienate agricultural pursuits suited to the property.
The proposal will not affect any habitat along the riparian area of Pinbarren Creek being setback
between 300m to 500m from the creek.
Three of the 6 cabins are likely to be seen in the distance from the Pomona Kin Kin Road, as
shown in Figure 6 below. The applicant proposes to plant trees around the cabins to maintain the
rural scenic values.
Figure 6 – Location of cabins
In terms of preserving agricultural productivity or uses on adjoining land, the neighbouring
property to the north is currently utilised for equine activities. The cabins are a minimum of 40m
from the common boundary and approximately 65m – 70m to the nearest fenced paddock with 2
existing vehicle access roads between the cabins and the paddocks. The cabins are also
approximately 80m - 90m from the nearest farm shed and nearly 400m to the northern
neighbour’s dwelling house. It is considered that sufficient separation is proposed so to not
negatively impact any rural use on neighbouring land.
Furthermore, the applicant has provided the following as part of the original application
documentation:
Page 11 of 95
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
As we are looking to attract the family market with young children we anticipate that there
will be no noise late at night as the children will be in bed. Each cabin will have its own
kitchen and bathroom so there is no need for people to be moving around outside the
cabins late at night. We are not allowing vehicles up to the cabins and so there will be no
additional noise if people return late at night.
The applicant is proposing cabins for visitor accommodation in a farm stay type format which
provides economic diversity for the land owner, could complement any agricultural pursuits that
may occur on the property and will generally support the economic sustainability of the
hinterland.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of
the assessment against the codes are discussed below:
Visitor Accommodation Code
Table 14-36 of the Visitor Accommodation Code for Type 3 – Rural Accommodation is relevant
and specific for the subject use.
Probable Solution 35.1 states:
S35.1 Rural accommodation does not exceed a site density of —
a) 2 cabins per hectare; or
b) 2 guest bedrooms per hectare, providing the overall number of cabins and guest bedrooms
does not exceed 6.
The subject site is 15.68ha and the proposed 6 cabins comply with the maximum quantity of
cabins for the lot size. However, the proposal seeks 12 guest bedrooms within the 6 cabins
rather than the maximum of 6 bedrooms set out by Probable Solution S35.1 b). Therefore the
cabins should be assessed against the corresponding Specific Outcome O35 which states:
O35 Rural accommodation is associated with rural production, agricultural pursuits and
promoting the natural environment and takes the form of farmstays, bed and breakfasts,
cabins, cottages or a small guest lodge.
The applicant has recently purchased the lot and is in the early stages of establishing small scale
agricultural pursuits as outlined in Item 1 of this report. The applicant seeks to take advantage of
the lot’s natural features such as Pinbarren Creek (adjoins the western boundary) and views of
Mt Pinbarren. It is also a short walk or ride to the northern section of Camphor Road where
Noosa Trail Network Trail 2 meets the Camphor Road carpark (See Figure 5 in Section 2.2
above). It is considered the cabins would be associated with and complement the small-scale
agricultural pursuits and will promote the natural environment of the lot, the surrounding area and
the Noosa Trail Network.
In terms of the number of bedrooms, each cabin is small being only 37.7m² with the applicant
advising that their focus is on attracting families. Having 2 bedrooms, albeit small bedrooms
(2.8m x 3.1m with no wardrobe), is beneficial for this purpose. While there may be 12 bedrooms
proposed, the cabins are very small and any additional patrons or vehicle movements are
unlikely to have a negative impact on the agricultural practices of the lot, adjoining properties or
the surrounding area. Furthermore, the additional bedrooms may not necessarily attract
additional vehicles when considering the target market being families with children.
Probable Solution 37.1 is relevant to the assessment and states:
S37.1 Buildings and other structures —
a) take the form of small separate buildings which are visually separated;
b) comprise a mix of lightweight (low mass) and textured external materials, such as timber
cladding and corrugated iron roofs;
Page 12 of 95
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
c) reflect the line, form, colour and texture found in the existing landscape and do not replicate
artificial or imported themes;
d) use muted earth/environmental tones that blend with the rural and/or natural environment;
and
e) incorporate low reflective roofing.
The cabins do not have eaves to the side elevations but comply with S37.1 a), d), and e). The
applicant has not provided the colour of the cabins but has indicated, if approved, would accept a
condition which requires the cabins painted muted environmental tones, the incorporation of
window hoods and some cabins cladded in a weatherboard type finish. When these design
aspects are incorporated, the cabins would complement and blend into the rural and natural
character of the area and comply with the built form intent of the code.
Effluent treatment and disposal
The applicant has provided a site specific effluent disposal report which ensures appropriate
water treatment and land application area for the site can be achieved. The required plumbing
approval would ensure suitable effluent disposal area/s are provided, so no negative impact on
the natural environment is foreseen.
Bushfire
Some of the vegetation surrounding the centrally located drainage line is affected by Medium
Bushfire Hazard. See Figure 7 below.
Figure 7 – Aerial showing the extent of the Medium Bushfire Overlay.
The cabins are located well away from any mature vegetation and the lot is generally surrounded
by pasture and considered to be low risk. Nevertheless, each cabin is provided with a 4,000 litre
water tank in accordance with the Mary River Catchment Locality Code which can be
supplemented by the 2 existing dams on site. The applicant has provided an operational plan
which nominates an emergency evacuation route, a meeting point and proposes a notice in each
cabin detailing emergency procedures.
Carparking
One space per cabin and 1 one additional space has been provided in accordance with the
Planning Scheme. Should there be a need, there is sufficient space for more vehicles near the
proposed carparking area. The carparking area is proposed as gravel. To avoid noise and dust
concerns a condition could ensure the carparking area is a bound surface.
Page 13 of 95
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
4. CONSULTATION
4.1. Referral Agencies
The application was referred to the following Referral Agency:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for the application as the site is accessed directly from a
state-controlled road.
The Department has responded and approved the development subject to conditions to be
attached to the Decision Notice and advises that:
a. Adequate sight distance is available at the access location.
a. No adverse crash history exists at the access location.
b. The objective of the Transport Infrastructure Act 1994 (TIA) require the establishment of a
road regime that is safe and efficient.
c. The intensification of use of the access will not result in significant impacts to the safety or
efficiency of the road network.
4.2. Other Referrals
The application was forwarded to the following internal Council officers:
Ecology Officer
Engineering Officer
4.3. Public Notification
The application was publicly notified for 15 days business days in accordance with the Planning
Act 2016. One properly made submission was received from the northern adjoining property
owner. The following table provides a summary and assessment of the issues raised by
submitter.
Matters Raised Comments
The development application incorrectly The assessment of this application assumes agricultural
identifies my adjoining land as being a pursuits will be undertaken on rural land.
residential use and fails to acknowledge its
equine uses.
The proposal is more akin to detached motel The visitor accommodation structures meet the
villas (70m2 each) in a themed rural setting definition of a cabin in accordance with The Noosa
than a farm stay in eco cabins which are Plan.
ancillary to the continued operation of a farm The proposal is taking advantage of the natural features
as being claimed in the development of the area (Mt Pinbarren, Pinbarren Creek and the
application. Noosa Trail Network) and the applicant is in the start-up
phase of small scale agricultural pursuits.
The development application fails to As a response to the submission, the applicant has
acknowledge the potential for noise nuisance moved the closest cabins to the neighbouring use to the
on my equine use of the adjoining property west and provided a greater setback to avoid a
which is as close as 25 metres from the neighbour dispute. The closest cabin is proposed
proposed cabins. approx.65m – 70m from the nearest fenced paddock
and approx.80m - 90m from the farm shed.
There are examples in the Shire where detached
housing (far more intensive residential use than that
proposed) are adjacent to intensive equine uses and
generally exist in harmony.
Page 14 of 95
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Matters Raised Comments
The proposed communal car parking area is The equine ‘round yard’ is greater than 150m away
not appropriately designed or positioned and from the car park. Council’s Engineering Officer has
as such will be a potential to create a nuisance provided comment and indicates a bound gravel
for my equine use of my rural property. surface is sufficient to mitigate noise and dust issues
and a condition could ensure it is constructed to the
relevant standards.
The development application fails to provide Landscaping is proposed between the cabins, the
adequate visual buffers to my rural property. northern property, and the Pomona Kin Kin Road. The
cabins are not sited on a ridge line and the proposed
and existing trees will provide a visual buffer.
Loss of Privacy and Loss of Amenity (including The cabins are oriented to the south (internally) and not
privacy of activities on the property) toward the submitter’s boundary. Landscaping is
proposed which will buffer the 2 uses.
The large dam and water ways so close to the There is no lawful requirement to fence a dam.
cabins is dangerous for small children.
The existing vehicular access into the site is The application was referred to the Department of
not considered suitable for the proposed Infrastructure, Local Government and Planning as a
development. concurrence agency (access off a state-controlled road)
who raised no concern with the access. Their
assessment forms part of this report.
Furthermore, the existing access is sealed and provides
access to the existing dwelling house and sheds.
The development application provides limited The applicant has provided an effluent disposal report
information on the two proposed land and can comply with all relevant standards.
application areas which are sited against my Furthermore, the applicant must submit a plumbing
boundary fence and uphill from the cabins, that application to Council’s Building and Plumbing
they service and within landscaped buffers. Department for approval, which will ensure compliance.
The development application fails to provide The site is a low bushfire risk being surrounded by
sufficient information so as I can establish if pasture and the cabins are well away from any high risk
the proposal will increase the potential for mature vegetation. The cabins and proposed
bushfire hazards landscaping is unlikely to increase bushfire risk.
The proposal does not sufficiently identify The application material indicates 4,000 litres of water
where either the potable or non-potable water harvesting per cabin with 2 dams used as a backup.
supply.
The development application does not clearly The application documentation advises one refuse bin
indicate where the refuse bins/skip will be and one recycle bin will provided in each cabin and that
stored and whether any screening is proposed. waste will be disposed of at the local refuse point on
Louis Bazzo Drive or a refuse skip will be provided. A
condition could ensure refuse area/s are screened and
located appropriately in accordance with Planning
Scheme Policy 9.
The development application could There is a short section of the Pomona Kin Kin Road
compromise public safety by encouraging between the property and the northern section of
pedestrian access along a section of Pomona Camphor Road (Noosa Trail Network) where there is a
Kin Kin Road which is not suited to such narrow verge. The verge is still wide enough for
access. pedestrian movements if required and there are
adequate sightlines in this area.
The proposed development will increase my Surveillance of an area or building/s generally improves
current concerns that I have in relation to security.
security of my rural outbuilding.
Page 15 of 95
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Matters Raised Comments
The proposed use may result in a reverse Adequate buffer distances are proposed to minimise
amenity situation whereby visitors in the this occurring.
adjoining non-rural use, if approved, may
complain that my current rural uses are
creating a nuisance.
There is a concern that the people visiting the This is not a relevant planning matter.
proposed motel villas could decide to enter my
property and as a result I will face increased
liability in the case of trespass.
Amended proposal without amending relevant The proposal plans were amended as a result of this
supporting documents submission to mitigate neighbour concerns and to avoid
disputes.
Council’s approval of the development An assessment of the application against The Noosa
application will be in conflict with the preferred Plan is provided in the body of this report.
outcome and strategies for the Rural Zone in
the Noosa planning Scheme
5. CONCLUSION & REASONS FOR DECISION
The proposal is for rural visitor accommodation in the form of 6 small, 2 bedroom cabins which
are a consistent use in the rural zone. Three cabins are proposed as Stage 1 and should there
be demand, 3 cabins as Stage 2. Being new land holders, the applicant seeks to introduce
agriculture pursuits over time which are suitable for a small rural holding. The patrons will take
advantage of the hobby farm practices, the rural views, the natural surroundings and the nearby
Noosa Trail Network. When some additional architectural features are incorporated into the
cabins they would comply with the relevant built form provisions. It is considered the proposal
has sufficient separation from and is unlikely to negatively impact on the neighbouring equine
use. The cabins raise no significant planning concerns and are recommended for approval
subject to conditions.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
x
Design and Delivery
Page 16 of 95
Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Page 17 of 95
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Attachment 1
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Page 17 of 95Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
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Page 18 of 95Section 19
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
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Page 19 of 95Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
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Page 20 of 95Section 21
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Page 21 of 95
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
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Page 21 of 95Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
2 MCU17/0005 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
ENTERTAINMENT AND DINING BUSINESS TYPE 2 RECREATION, AMUSEMENT &
FITNESS (PAINTBALL), 113 MARARA ST COOROY
DOCUMENT INFORM AT ION
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development Department
Index ECM/Application/MCU17/0005
Attachments Nil
APPLICATION DETAILS
Applicant Hope Central Church
Proposal Development Application for Material Change of Use of Premises –
Entertainment and Dining Business Type 2 – Recreation, Amusement
& Fitness (Paintball)
Properly Made Date 10 January 2017
Information Request Date 8 February 2017
Information Response Date 10 August 2017
Decision Due Date 14 November 2017
Number of Submissions 3
PROPERTY DETAILS
Property Address 113 Marara St Cooroy
RP Description Lot 2 RP 225978
Land Area 23,500 m2
Existing Use of Land Place of Worship
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy & Lake McDonald
Zone Rural zone
Overlays Biodiversity Overlay – Environment Protection Area and Riparian
Buffer
Natural Hazard Overlay – Flooding and Bushfire (Potential Buffer and
High Potential
Koala Habitat Areas – Remnant Habitat
Assessment Type Impact
Page 22 of 95
Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 11 September 2018 regarding Application No. MCU17/0005 for a
Development Application for Material Change of Use of Premises – Entertainment and Dining
Business Type 2 – Recreation, Amusement & Fitness (Paintball) situated at 113 Marara St,
Cooroy and:
A. Refuse the application for the following reasons:
1. The proposed development is an inconsistent use in the Rural Zone and the increase
in traffic on Marara Street from the proposed development is not contemplated by
The Noosa Plan.
2. The proposed development is contrary to the Transport, Roads and Drainage Code
as the development will compromise the capacity and safety of Marara Street.
3. The current condition of Marara Street is not capable of safely accommodating any
increase in traffic from the proposed development and a satisfactory solution has not
been identified to address the constrained sections of Marara Street given the current
road formation and environmental constraints.
4. A number of properly made submissions have been received raising valid grounds of
objection.
B. Advise the applicant that an indoor play centre does require a further development
approval to operate from the site and such a use would significantly impact on the safety of
Marara Street were such a use to commence.
REPORT
1. PROPOSAL
The proposal is to accommodate outdoor paintball activities on the Hope Central Church Site in
Cooroy. The hours of operation for paintball activities are proposed to be run 5:30-10pm
Wednesday to Sunday with a maximum number of players of 20, plus 3 staff members. Games
are proposed to be completed by 9.30pm.
Paintball activities are proposed to be located within the existing cleared and lightly treed areas
of the grounds to the north of the northern car park and to the west of the existing auditorium.
The times specified for paintball activities cover the possible spread of opening hours depending
on bookings, with 1 session running per day. A session is 3 hours of multiple games with a
maximum of 20 players per session. A group of 20 players will play on one field at a time, rotating
between fields for different games.
Refer Figure 1 – proposed paintball fields and Figure 2 – general location of paintball
fields.
Page 23 of 95
Section 24
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Figure 1 – Proposed paintball fields
Figure 2 – General location of paintball fields (outlined in blue – aerial).
Red hatching is an easement (environment).
Page 24 of 95
Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
2. SITE DETAILS
2.1. Background
Historical Application History
In 1991, Council approved a town planning consent application for a place of worship and manse
over the site. Conditions included the upgrading of Marara Street. This permit was not acted
upon and lapsed in 1996.
In September 1997, a new application was made for a place of worship and church activities
utilising an existing dwelling on site. The application was advertised, but the church did not
continue with the proposal.
In 1998 Council approved (11871 TC) a place of worship and activities relating to the conduct of
the church, new buildings over 3 stages as follows:
Stage 1 – hall seating up to 60 persons, kitchen, toilet and storage facilities having a gross floor
area of 169m2.
Stage 2 – larger auditorium/hall to seat up to 170 persons and convert the area subject to Stage
1 to 3 offices. The total gross floor area of 416m2.
Stage 3 – church auditorium providing seating for 250 persons. Upon completion of this stage,
Stage 2 hall to be used for Sunday School sessions and youth group meetings. Stage 3 totals
360m2.
The completion of all stages resulted in a single auditorium seating up to 250 persons, Sunday
School, youth group rooms, staff offices, kitchen, toilet and storage facilities, totalling 945m 2. The
single storey dwelling on site has been retained.
As part of this previous approval, Council conditioned the sealing of Marara Street to 4 metres on
the 8 metre wide formation, from the intersection of Marara Street and Mary River Road to the
furthest on site car park (north of building) and a contribution of $5,500 to the future upgrade of
the Marara Street/Mary River road intersection.
The applicant appealed these conditions. The appeal was settled out of court with Council
accepting the following requirements for roadworks:
Construction of a Type 1 intersection at the intersection of Marara St and Mary River Road;
An 8 metre wide sealed formation for the first 50 metres of Marara Street;
Construction of a 4 metre wide gravel road on the 8 metre formation with sufficient passing
places, varied to retain, where possible, all vegetation and drainage structures;
A 4 metre wide sealed formation for a distance of 100 metres along the frontage of the
dwelling house at 49 Marara Street; and
A monetary contribution of $5,500 to an intersection upgrade for Marara Street/Mary River
Road.
A total of 25 onsite car parks were conditioned as part of this approval. Council issued the
consent permit in December 1999.
Current Application History:
A development application was lodged by Hope Central Church for Paintball fields to be
developed behind the existing church at 113 Marara St, Cooroy in January 2017. In March 2017,
the applicant then changed their proposal to include an indoor play centre. This change was
made following a complaint received that ‘Kids world’ playmaze (indoor play centre) had
commenced without approval. The indoor play centre (playmaze) was operating out of an
existing building and included a small café to cater for patrons of the playmaze. Council advised
the Hope Central Church that the playmaze activities must cease and that an approval was
required for the playmaze. The existing approval for the church includes Condition 11 which
Page 25 of 95
Section 26
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
prohibits the premises to be used for ‘the holding of functions, wedding receptions or other uses
which are defined us function rooms, or indoor entertainment, under the provisions of the
Planning Scheme. Similarly the kitchen is not to be used for the commercial production of food’.
A playmaze would fall under the definition of indoor entertainment. Council officers confirmed in
writing to the church that this use is not permitted by the current development approval for the
site and requires a further development approval from Council to operate regardless of whether it
is a charitable arm of the church or a commercial venture. The play centre does not relate to the
conduct of the church with participants attending the play centre separately and unrelated to the
church’s activities of church gatherings, youth groups, bible study classes etc.
The church submitted again in July this year that they believed the playmaze did not require
Council approval as it was a not-for-profit run service. Because of this, and also in response to
the traffic concerns raised by Council officers, the applicant recently advised that they no longer
wished to include the playmaze in their application and formally changed their application to
exclude this use.
2.2. Site Description
The site is the home to the Hope Central Church and is accessed via Marara Street, a largely
unsealed road that formally begins with the Cooroy Library carpark as it intersects with Mary
River Road. Currently, the site has a regular church service on Sundays from 9:30am–1pm,
where up to 70 people may attend. In addition to the church service, a music lesson is held on
Thursday evenings from 7-8pm, with 4 people attending.
The beginning of Marara Road which also provides car parking for the library is sealed. There is
also a short sealed section on the frontage of No. 49 Marara Road, a residential property.
Refer to Figure 3 – First section of Marara Street - Cooroy Library Carpark intersecting with
gravel section of Marara Street.
Figure 3 – First section of Marara Street - Cooroy Library Carpark intersecting with gravel section of
Marara Street
The site is located adjacent to the North Coast rail line in a semi-rural area with significant
vegetation areas adjoining to the west and south. More than half of the site has significant
vegetation and a riparian area with a waterway running north/south through the site. Refer
Figure 4 – Aerial photo of subject site.
Page 26 of 95
Section 27
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Figure 4 – Aerial photo of subject site
2.3. Surrounding Land Uses
The subject site is located west of the North Coast Rail line with bushland immediately to the
south and west of the site. The Cooroy township is located further south beyond the bushland.
Residential development is located opposite the site and on the other side of the rail line. To the
north of the proposed paintball fields is a rural property with a house located approximately 150m
from the northern most paintball field. A dwelling is built on No. 49 Marara St approximately
550m to the south from the southernmost paintball field.
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;
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 Sustainable
Planning Act Regulation 2009;
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Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
3.2. State and Other Statutory Instruments
State Planning Policy
The State Planning Policy has been deemed by the Minister for Local Government and Planning
as appropriately reflected in the Planning Scheme and therefore does not warrant a separate
assessment.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the
provisions are relevant to the development.
Locality Provisions
The subject site is located in the Cooroy & Lake Macdonald Locality and is zoned Rural. The
proposed use is identified as an inconsistent use for land zoned Rural and is required to follow an
impact assessable application process. The Cooroy and Lake Macdonald Locality requires:
Rural land to be protected and appropriately managed such that agricultural and habitat
protection are the dominant land use, the scenic and environmental values, the distinct
rural amenity and agricultural productively of the locality are preserved and are not
adversely impacted, and locally appropriate enterprises such as farm stays, camping
grounds, roadside stalls etc. enhance the economic sustainability of the hinterland.
New uses to be located, designed and managed to be compatible with other uses, maintain
the safety of works and avoid significant adverse impacts on the amenity enjoyed by other
users of other premises.
The applicant states that ‘Cooroy has few recreational activities offered in the area and the
development of the paintball site would offer a unique day and night time event which allows
customers to avoid the heat in Summer at night.’ The applicant maintains that the proposed use
has minimal negative impact in the community and has the potential to offer a safe environment
for the youth. The applicant proposes a maximum number of people at any one time to limit
excess traffic on Marara Street.
The proposal does not directly compromise the zoning intent for the site given the existing use of
the site for a church, the site’s proximity to the Cooroy town centre, and the site’s limited
suitability for rural activities providing the proposal can maintain the amenity of the area for
nearby residents and access to the site is suitable. It also offers a potential alternative
recreational/entertainment activity for residents.
Noise & Lighting
The site is located in a rural area with 2 rural properties nearby. Paintball activities are located
outside and within the church grounds, on fields north and west of the existing buildings and have
the potential to impact on the 2 nearby residents.
The closest residence is approximately 150 metres away from the nearest paintball field. In
response to potential noise impacts, the applicant submitted a noise assessment to review the
potential noise impacts on nearby residents from the proposed paintball activities. The applicant’s
noise report recommended that the use of the horn be minimised and that activities be limited to
a maximum of 20 persons at any one time. The applicant has since advised that a horn will not
be used, but has not indicated how organisers would communicate with players with regard to
the commencement and conclusion of games. In this regard, Council’s Environmental Health
officer has advised that should the proposal be supported, that an alternative visual or other
remote personal signalling device be used to indicate start/stop times.
Page 28 of 95
Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
The site contains koala remnant habitat areas that align with the western portion of the site. The
proposed paintball activities are adjacent to these areas. It is proposed that outdoor lighting
associated with the use be angled towards the existing building and away from the bushland
area, so as to minimise impacts on fauna and neighbours to the north of the site.
Traffic and Access
Marara St is a narrow gravel single carriageway, servicing a small number of landholdings,
including the church and manse and 2 properties with dwellings. The road’s capacity is currently
significantly limited as it is very narrow in places, has limited to no sight line opportunities in
places, and is predominantly unsealed. Refer Figure 5 – Marara Road. The road is also
located in a bushland setting with a waterway running parallel to the road.
Residents living on this road (and submitters to this application) report safety issues associated
with the proposal and associated increased traffic, as was evident when the playmaze activities
commenced operations. The applicant states that they are not aware of any road safety
incidences on Marara Road associated with the use of their site. However, it is considered any
increase in use of this road beyond its current usage and in its current form is likely to cause
significant safety concerns for users.
These concerns were outlined in Council’s information request and the applicant was requested
to provide a traffic report to address the increase in traffic on Marara St. The applicant was also
requested to consider the existing formation, potential for impacts on residents, improvements of
the road necessary to cater for the proposed development and any other considerations, such as
an emergency management plan in high rainfall events.
A traffic report prepared by Road Pro Engineering was submitted by the applicant that
considered existing and proposed uses on site and results of a traffic survey. This survey over 7
days showed the highest peak demand generated by the existing church. The applicant’s traffic
report also submitted that this peak would increase to 40 vehicles per hour in the coming years
when the church patronage is expected to increase from an average of 70 to a maximum
capacity of 100 persons. In comparison, the proposed use will generate an estimated additional
maximum peak of 18 vehicles per hour. Due to the peaks occurring at different times, the
applicant’s traffic report submitted that the proposal would result in no net increase of peak traffic
from the site. On this basis, the applicant’s traffic consultant concluded that Marara Street would
not require upgrading (geometric improvements), sealing or the like to accommodate the
proposed uses. The applicant’s traffic consultant also recommended signage be installed along
Marara Street including ‘one lane’, ‘give way’ and ‘no stopping or passing’ signage at appropriate
locations along the road to support the proposal.
The applicant’s traffic report was peer reviewed by Council’s traffic consultant. Council’s traffic
engineer does not agree with the findings of the applicant’s traffic report and advises that
additional upgrade works are required to Marara Street to cater for the additional traffic
movements generated by the proposed development. The upgrades would including widening,
sealing and signage to address the valid and apparent safety issues that would result from the
proposal.
In an effort to address Council officer’s concerns in this regard, the applicant engaged an
engineer to undertake further investigation of the existing formation and prepare a design of the
necessary works. As part of the investigation, the applicant engaged a surveyor to locate and
identify levels of the existing road formation. The survey showed that part of the existing
formation (at the bend at the southern end and extending north for approximately 180 metres) is
located outside of the road reserve and within the adjacent Qld Rail land. In order to provide the
necessary width in the road reserve the formation would need to be relocated to the west and
this would require realigning a significant length of the creek bank. Due to the potential cost of
the necessary works and the potential impacts on the waterway and associated vegetation, it is
not considered feasible to undertake the works or reasonable to condition the applicant to
undertake the works. The option to widen and seal the existing formation without relocation
would require approval from Queensland Railway and may require a road opening.
Page 29 of 95
Section 30
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
The applicant has confirmed similarly that it is not within the church’s capacity to undertake the
improvements to Marara Street recommended by Council’s traffic engineer and submits that
Council should address the safety of the road. Such works are not currently within Council’s 5
year Capital Works program and are not identified as a priority for Council given the limited
number of properties that Marara Street serves. The existing road formation while less than ideal,
is acceptable for normal church services. However, issues arise and the safety risk significantly
increases if there are activities at the church that introduce additional traffic along the road. The
road currently carries approximately 55 vehicles per day and this would increase to 80 vehicles
per day with the paintball use.
Figure 5 – Marara Road
4. CONSULTATION
4.1. Referral Agencies
The application was referred to the Department of Infrastructure, Local Government and Planning
(SARA).
The Department is a referral agency for Queensland Rail for development within 25 metres of a
railway corridor. The Department has responded advising that they have no objections to the
proposal.
4.2. Other Referrals
The application was forwarded to the following internal Council officers:
Coordinator Operational Works
Environmental Health Coordinator
The application was also referred to Council’s external traffic consultant Stuart Holland.
Page 30 of 95
Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
4.3. Public Notification
The application was publicly notified for 17 business days in accordance with the Sustainable
Planning Act 2009. Three properly made submissions were received. The application was
publicly notified with the two uses being the paintball activities and the indoor play centre
(playmaze). The following table provides a summary and assessment of the issues raised by
submitters. Although the comments were based on two additional uses occurring on site, it is
considered the issues raised are still relevant for 1 additional use as per the existing proposal.
Matters Raised Comments
Single unsealed land does not support Marara Street in its current form is not suitable for
increased traffic the proposed increase in traffic and the proposal
Accidents have already occurred as raised by all has the potential to raise some significant and
3 submitters serious traffic safety issues for people using Marara
Concerns for pedestrians and cyclists and Street. The current condition and construction of
limited vision for cars coming both ways - Marara Street is not capable of safely
danger posed by increased vehicular and accommodating the proposed paintball fields or an
pedestrian traffic indoor play centre if proposed in the future.
Road is very dusty at the moment
People are not familiar with the dangers on this
road
Any increase in traffic on Marara Street cannot
happen safely without major upgrading of the
road - that is 2 sealed lanes with clear visibility
The nature of the existing road lends itself to
uses as there will be low traffic volumes and
some drive accordingly, creating dangerous
situations
The Playmaze/café has been operating since It is agreed that increased traffic or pedestrians on
April 2017 and since that time the road has this road in its current form is not suitable from a
attracted children and families either walking or capacity and a safety viewpoint.
cycling, when this has not been the case in the
past. Blind corners and the nature of the road
with increased traffic creates a very dangerous
situation.
The development proposal greatly There are approximately 25 onsite car spaces in
underestimates the expected numbers. close proximity to the paintball fields and
Sometimes parking spills out onto Marara St approximately another 12 spaces located on the
southern portion of the site. Car parking numbers
are adequate to cater for existing and the proposed
use. Paintball will utilise the onsite church parking
which has no overlapping hours with church times.
Increased noise from more patrons The closest residence is 150 metres from the
nearest paintball field. It is acknowledged that there
may be noise from paintball activities which will
consist of vehicle movements and voices from
players.
5. CONCLUSION & REASONS FOR DECISION
The proposed use, whilst it may offer Cooroy an additional recreational activity and a safe place
for youth, has the potential to raise some significant and serious traffic safety issues for people
using Marara Street and the current condition and construction of Marara Street is not capable of
safely accommodating any increase in traffic from the proposed paintball fields. Given the traffic
safety concerns the proposal would require significant upgrading to Marara Street and the church
has advised such works are not within their capacity. An upgrade to Marara Street is also not in
Council’s capital works program with the increase in traffic on Marara Street not contemplated for
the area. On this basis, and given a satisfactory solution to address the constrained sections of
Marara Street has not been identified throughout the application process, the proposal cannot be
reasonably conditioned. The application is therefore recommended for refusal.
Page 31 of 95
Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
It is also considered prudent to advise the applicant that an indoor play centre requires a further
development approval to operate from the site and such a use would significantly impact on the
safety of users of Marara Street were such a use to commence.
Departments/Sections Consulted:
Chief Executive Officer x Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
x Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning x Infrastructure Planning,
Design and Delivery
Page 32 of 95
Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
3 MCU17/0046 PLANNING & ENVIRONMENT COURT APPEAL NO 2843 OF 2018
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR DUPLEX DWELLING
AT 38 PARK CRESCENT, SUNSHINE BEACH
DOCUMENT INFORM AT ION
Author Manager Development Assessment, Kerri Coyle
Environment and Sustainable Development Department
Index ECM/ Application/ MCU17/0046
Attachments 1. Approved Plans
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 September 2018 regarding Planning & Environment
Court Appeal No. 2843 of 2018 and agree to defend the appeal.
REPORT
An appeal to the Planning & Environment Court has been lodged in response to an application to
change a development approval for a duplex dwelling. The appeal seeks that the Court approve
the application for a minor change to allow an additional open visitor space for the duplex
dwelling currently under construction at 38 Park Crescent, Sunshine Beach.
The duplex dwelling was approved over 38 Park Crescent, Sunshine Beach in August 2017. The
approved duplex consists of 2 x two bedroom units with each unit having a rumpus room capable
of being used as a third bedroom. The duplex is currently under construction, is 3 storeys and
just under the maximum 12 metre height limit for the area. Two single garages with a zero front
boundary setback and 1 open visitor car space to the southern side of the garages is approved
for future residents/visitors. A copy of the approved plans is included as Attachment 1.
Figure 1 – Approved site plan detailing 3 car parking spaces
Page 33 of 95
Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
The duplex dwelling fully complied with The Noosa Plan probable solutions for a duplex dwelling,
with the exception of the setback for garages and width of the driveway. A reduced setback from
6m to 0m for the garages was supported due to the site steeply sloping down from Park
Crescent, with the proposal also considered consistent with the existing streetscape.
Notably the original plans lodged with the application for the duplex dwelling proposed 4 car
parking spaces including 2 garages and 2 open visitor spaces. As part of the assessment
process, Council officers issued an information request requesting a revised design to reduce the
amount of hardstand area, narrow the driveway access on the street frontage and provide for
more landscaping. The applicant responded to the information request providing amended plans
to address the issues raised removing 1 of the open visitor spaces.
Figure 2 – Original proposal detailing 4 car parking spaces
In June 2018 the applicant lodged an application seeking to change the development approval to
allow an additional open visitor space on site and so provide a total of 4 car parking spaces on
site. The additional visitor space is shown in Figure 3 below.
Figure 3 – Plans lodged with Minor Change Application
Page 34 of 95
Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
This application was refused by officers as it would require a very wide driveway generally
covering the full frontage of the site, with limited opportunities for landscaping and result in a poor
outcome for the streetscape. The proposal is not consistent with The Noosa Plan requirements to
minimise the number of access points to a site, ensure vehicle manoeuvring areas are designed
and sited to not dominate the street and provide opportunities for landscape screening. The
proposal is further not consistent with Council’s standard drawing for residential driveways which
seeks to limit the maximum width for a duplex to 5m which may widen to 6m at the property
boundary.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
The application was previously decided by Council officers under delegation.
Finance & Risk
It is premature at this stage to advise on the likely prospects of the appeal. There will be costs
associated with defending the appeal.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes - Solicitor
Internal Consultation
Nil
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 35 of 95
Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Attachment 1
Page 36 of 95
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Noosa Council documents Attachment 1
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Page 36 of 95Section 37
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Page 37 of 95
Noosa Council documents
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Page 37 of 95Section 38
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
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Page 39 of 95
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Noosa Council documents:
a Legend
s 31.63r00f b basin
g r col column
8 Neighbouring Building aes APPROVED PLANS we tet pat
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mates ram NOOSA COUNCIL
mee 8 NOVEMBER 2017
RL 29.19 tog
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ARCHITECTS 2S swwssteim Secatccenr fet ey | ae ewe sas (7) Sieg 2 DAS
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Version: 2, Version Date: 08/11/2017 Print Date: 17 August 2018, 11:22 AM
Page 39 of 95Section 40
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Page 40 of 95
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Page 41 of 95
Noosa Council documents
» Legend
8 31.63r00f b basin
a Neighbouring Building Oe
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Fri 2628 (L1) APPROVED PLANS wh window hood
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couse NOOSA COUNCIL
8 NOVEMBER 2017
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ie: ment sation Revisions: \
ARCHITECTS Seat [email protected] role eudned, coped or ied wit A __bonalopnat Aopen sw ‘ou aroveriad J16009 *Sunthine Beach ( 7) October 2016 1:100 @A3 8 DA07
DoctiMEMCe eaten abn: 62 190.909 188 thelr euosty, Client Project No. Project _ Date ‘Scale Revision Drawing No.
Version: 2, Version Date: 08/11/2017 Print Date: 17 August 2018, 11:22 AM
Page 41 of 95Section 42
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Page 42 of 95
Noosa Council documents
Legend
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eb marine plywood sheet with
cover batten
cu copper sheet cladding or
& op pagmicenebaden
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phone: 5485 3635 / 0411 633 797 Sapran cnmanteut one. B Development Application Revisions 07/06/17 eunecee 38 Park Crescent,
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Version: 2, Version Date: 08/11/2017 Print Date: 17 August 2018, 11:22 AM
Page 42 of 95Section 43
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Page 43 of 95
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
4 OPW17/0555 PLANNING & ENVIRONMENT COURT APPEAL NO 2760 OF 2018
DEVELOPMENT PERMIT FOR OPERATIONAL WORKS FOR SIGNAGE AT 4-24
GIBSON RD, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Manager Development Assessment, Kerri Coyle
Environment and Sustainable Development
Index ECM/ Application/ OPW17/0555
Attachments Nil
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 7 August 2018 regarding Planning & Environment Court
Appeal No. 2760 of 2018 and agree to defend the appeal.
REPORT
On 19 July 2018, Council at its Ordinary Meeting resolved to refuse to change conditions 1, 2, 8
& 9 of a Development Permit for Operational Works for signage for the Noosa Village Shopping
Centre.
The applicant had made representations to the Decision Notice seeking to allow:
All 3 pylon signs to be illuminated; and
Retention of the existing illuminated Woolworths sign and Reject Shop sign.
Council did not agree with the applicant’s representations, refusing to approve the changes to the
conditions for the following reasons:
1. The proposed changes will result in additional signage and illumination of signage contrary
to the Noosa Plan’s Advertising Devices Code.
2. The proposed changes will detract from the amenity and desired character of the area and
contribute to visual clutter.
3. The proposed changes are not legitimately necessary to provide directions and/or identify
the businesses location to residents and visitors to the area.
As a result of Council’s decision to refuse the representations, the applicant has now lodged a
Planning & Environment Court Appeal. The applicant seeks that the Court approve this
additional signage.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 19 July 2018, Item 2, Page 12
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 July 2018 regarding Application No. OPW17/0555 for a
Development Permit for Operational Works - Signage situated at 4-24 Gibson Rd, Noosaville and
refuse to change Conditions 1, 2, 8 & 9 for the following reasons:
Page 46 of 95
Section 47
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
1. The proposed changes will result in additional signage and illumination of signage contrary
to the Noosa Plan’s Advertising Devices Code.
2. The proposed changes will detract from the amenity and desired character of the area and
contribute to visual clutter.
3. The proposed changes are not legitimately necessary to provide directions and/or identify
the businesses location to residents and visitors to the area.
Finance & Risk
It is premature at this stage to advise on the likely prospects of the appeal. There will be costs
associated with defending the appeal.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes - Solicitor
Internal Consultation
Nil
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 47 of 95
Section 48
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
5 132006.1395.4 PLANNING & ENVIRONMENT COURT APPEAL NO 2995 OF 2018,
REFUSAL OF EXTENSION TO RELEVANT PERIOD FOR 10 MULTIPLE DWELLING
UNITS AT 142 NOOSA DVE, NOOSA HEADS
DOCUMENT INFORM AT ION
Author Manager Development Assessment, Kerri Coyle
Environment and Sustainable Development Department
Index ECM/ Application/ 132006.1395.4
Attachments Nil
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 September 2018 regarding Planning & Environment
Court Appeal No. 2995 of 2018 and agree to defend the appeal.
REPORT
On 19 July 2018, Council at its Ordinary meeting, resolved to refuse to extend the relevant period
of a Development Permit for Multiple Dwellings (10 units) at 142 Noosa Drive, Noosa Heads by a
further 2 years for the following reasons:
1. The development is not consistent with the Noosa Plan 2006 as the proposal exceeds the
maximum gross floor area permitted for the site and the proposal does not adequately
respond to the site’s environmental values.
2. Significant time has lapsed since the ecological assessment reports were originally
submitted and the information in these reports is now outdated. Updated ecological reports
have not been submitted. Review of the original ecological report also finds the report is
deficient as it does not satisfactorily address known koala movement through the site.
3. Significant time has lapsed since the water quality assessment reports were originally
submitted and the proposed stormwater drainage solutions are not compliant with the
current Sate Planning Policy for Stormwater.
4. Different bushfire hazard mapping to that used for the initial approval applies as the State
Planning Provisions came into effect after the original approval and result in a higher
hazard rating. The higher hazard rating may require changes to setback/buffer areas and
an amended layout. An updated bushfire management plan has not been submitted to
enable an assessment of the current bushfire hazard.
5. The approval is contrary to the Planning Regulation 2017’s assessment benchmarks for
development in koala habitat area as the development has not satisfactorily considered
safe koala movement measures and habitat connectivity values.
6. The community is unlikely to be aware of the proposal given the significant time that has
lapsed and no works have commenced on site.
7. If this request was refused and a further development application was lodged it is likely that
submissions would be received raising valid grounds of objection to the proposed
development’s non-compliance with The Noosa Plan given the site’s significant location
and environmental values.
Page 48 of 95
Section 49
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
As a result of Council’s decision to refuse to extend the relevant period, the applicant has now
lodged an appeal to the Planning & Environment Court. The applicant seeks that the Court
extend the relevant period.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 19 July 2018, Item 2, Page 5
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 July 2018 and refuse Application No. 132006.1395.04 for an
Extension to the Relevant Period for Development Permit for Material Change of Use - Multiple
Dwellings (10 units), situated at 142 Noosa Drive, Noosa Heads for the following reasons:
1. The development is not consistent with the Noosa Plan 2006 as the proposal exceeds the
maximum gross floor area permitted for the site and the proposal does not adequately
respond to the site’s environmental values.
2. Significant time has lapsed since the ecological assessment reports were originally
submitted and the information in these reports is now outdated. Updated ecological reports
have not been submitted. Review of the original ecological report also finds the report is
deficient as it does not satisfactorily address known koala movement through the site.
3. Significant time has lapsed since the water quality assessment reports were originally
submitted and the proposed stormwater drainage solutions are not compliant with the
current Sate Planning Policy for Stormwater.
4. Different bushfire hazard mapping to that used for the initial approval applies as the State
Planning Provisions came into effect after the original approval and result in a higher
hazard rating. The higher hazard rating may require changes to setback/buffer areas and
an amended layout. An updated bushfire management plan has not been submitted to
enable an assessment of the current bushfire hazard.
5. The approval is contrary to the Planning Regulation 2017’s assessment benchmarks for
development in koala habitat area as the development has not satisfactorily considered
safe koala movement measures and habitat connectivity values.
6. The community is unlikely to be aware of the proposal given the significant time that has
lapsed and no works have commenced on site.
7. If this request was refused and a further development application was lodged it is likely that
submissions would be received raising valid grounds of objection to the proposed
development’s non-compliance with The Noosa Plan given the site’s significant location
and environmental values.
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes - Solicitor
Internal Consultation
Nil
Page 49 of 95
Section 50
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 50 of 95
Section 51
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
6 COM18/0263 PLANNING & ENVIRONMENT COURT APPEAL NO 2881 OF 2018,
ENFORCEMENT NOTICE ISSUED TO NOOSA AIRFIELD, LAKE WEYBA DVE & EENIE
CREEK RD, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development Department
Index ECM/COM18/0263
Attachments Nil
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 September 2018 regarding Planning & Environment
Court Appeal No. 2881 of 2018 and agree to continue enforcement against Noosa Airfield to
address the current breaches of The Noosa Plan.
REPORT
In November 2017, Council received complaints about numerous trucks carrying fill material
travelling to Noosa Airfield.
The complaint was subsequently investigated by officers with a joint inspection of the site carried
out with State Government officers from the Department of Environment and Science. This
inspection confirmed that significant uncontrolled fill material (concrete and earth) as well as
builder’s demolition materials had been placed into the manmade waterway at a number of
locations. Vegetation had also been removed from Lot 2 RP160983 (the lot adjacent the airfield)
on the south-eastern side of the access driveway.
In response, Council officers issued formal notices to Noosa Airfield and its directors requiring
them to cease further filling and clearing vegetation, remove all unauthorised fill and other
materials and ecologically rehabilitate the riparian buffer area cleared of vegetation. Noosa
Airfield failed to provide satisfactory responses to these notices and accordingly officers issued
an Enforcement Notice in July 2018 after review by Council’s planning solicitor.
Noosa Airfield have now lodged an appeal against the Enforcement Notice on technical grounds
submitting that the notice is deficient, unlawful and invalid.
Page 51 of 95
Section 52
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
The map below depicts the area where the fill was dumped and vegetation cleared.
The photos below identify some of the unauthorised fill and clearing undertaken.
Page 52 of 95
Section 53
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Page 53 of 95
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Page 54 of 95
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Ae ASection 55
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Under the Noosa Plan filling where involving more than 100m3 or more of material requires a
Development Permit for Operational Works. Filling where involving less than 100m 3 of material
also requires a Development Permit for Operational Works where the filling does not meet
Column 2 of Table 14-52 of the Earthworks Code which includes the following requirement:
S6.1 The fill material is solid clean earth, free of putrescibles or refuse material, vegetation,
acid sulphate soils, building or construction material or other material or contaminants.
The fill is estimated to exceed 100m3 and is not solid clean earth. Council records indicate that
no Development Permit for Operational Works has been obtained for the filling.
Under the Noosa Plan, the area on Lot 2 RP160983 on the south eastern side of the access
driveway, which has been cleared of vegetation, is identified by the Noosa Plan’s Biodiversity
Overlay as being a Riparian Buffer and Environmental Enhancement area. Clearing vegetation
within the Riparian Buffer and/or the Environmental Enhancement area requires a Development
Permit for Operational Works.
Council records indicate that no Development Permit for Operational Works has been obtained to
clear vegetation.
Therefore, the filling and vegetation clearing was undertaken in breach of the Noosa Plan and
contrary to the Planning Act 2016.
During Council officers’ investigations of this matter, a review was also undertaken of the
development approval for the Noosa Airfield. This review showed that the original town planning
consent for the use expired many years ago and that a subsequent rezoning approval in 1994 to
Special Facilities was never completed despite correspondence by Council at the time noting the
Council’s concerns in this regard.
The present use of the land for airfield purposes involving the landing and take-off of aircraft and
associated facilities being housing, servicing, maintenance and repair of aircraft is therefore
unlawful.
This has also been brought to the attention of Noosa Airfield and accordingly the Noosa Airfield
were advised that under The Noosa Plan the use requires a development approval for a material
change of use in the Community Services Zone which is the current zoning the land. The Noosa
Airfield was also advised that if they intend to continue with the use of the airfield it will be
necessary to make a development application to Council.
Noosa Airfield have not provided any response to this land use issue and given the lodgement of
this appeal it is appropriate that this non-compliance be considered further and addressed. This
will be further discussed with Council’s solicitor for planning matters on how best to proceed.
Previous Council Consideration
Nil
Finance & Risks
It is premature at this stage to provide advice on the likely prospects or costs of prosecuting the
matter and/or proceeding to the Planning & Environment Court. This will require further
discussion with Council’s solicitor for the matter.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes – Solicitor
Department of Environment & Science
Internal Consultation
The site inspection was undertaken jointly with Council’s Environmental Health Coordinator &
Waste Coordinator.
Page 55 of 95
Section 56
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 56 of 95
Section 57
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
7 CONSERVATION LAND GUIDELINES
DOCUMENT INFORM AT ION
Author Principal Environment Officer, Peter Milne
Environment and Sustainable Development Department
Index ECM/ Environment Levy
Attachments 1. Policy Guideline - Conservation Land
2. Policy Guideline - Revolving Fund
3. Policy Guideline - Private Landholder Conservation Partnerships
4. Fact Sheet – Conserving Land in Noosa Shire
EXECUTIVE SUMMARY
The Environment Levy Policy provides the head of power for the acquisition of environmentally
significant land and the delivery of the Voluntary Conservation Agreement (VCA) Program. The
Environment Levy Policy requires that high priority land parcels be identified for voluntary
acquisition or the VCA program. Through a mapping methodology the Conservation Land
Guideline identifies high biodiversity value land parcels that help consolidate and connect Core
Protected Areas (CPAs) consisting of National Park, Conservation Park, Nature Refuge and
Bushland Reserves. In addition, the Land for Wildlife (LfW) program supports private land
conservation efforts and is also included in the guideline. In summary, the Conservation Land
Guideline provides the mapping methodology for public and private land conservation programs.
The Revolving Fund and Private Landholder Conservation Partnerships guidelines provide the
framework and additional detail to support the implementation of the Environment Levy Policy
and Conservation Land Guideline.
RECOMMENDATION
That Council note the report by the Principal Environment Officer to the Planning & Environment
Committee Meeting dated 11 September 2018 and adopt:
A. The Conservation Land Guideline provided at Attachment 1 to the report, which provides a
mapping methodology to support the Environment Levy Land Acquisition Program and
Private Landholder Conservation Partnerships Programs;
B. The Revolving Fund Guideline provided at Attachment 2 to the report, which provides a
framework to implement a revolving fund;
C. The Private Landholder Conservation Partnerships Guideline provided at Attachment 3 to
the report to guide the Voluntary Conservation Agreement (VCA) and Land for Wildlife
(LfW) Programs; and
D. The Fact Sheet - Conserving Land in Noosa Shire provided at Attachment 4 to the report.
REPORT
The Conservation Land Guideline provides guidance on the delivery of Council’s voluntary
environmental land acquisition and private landholder conservation partnerships programs.
Consistent with the Environment Levy Policy, the Conservation Land Guideline identifies and
prioritises land parcels of interest that can help consolidate and connect Core Protected Areas
(CPAs). CPAs are large areas of land under conservation protection consisting of National Park,
Conservation Park, Nature Refuge and Bushland Reserve. Noosa Shire has four significant
CPAs (see map 1):
Page 57 of 95
Section 58
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Cooloola-Noosa
South-west Cooroy
Woondum
Tewantin-Pomona (including Yurol-Ringtail State Forests)
Map 1. Noosa Shire Core Protected Areas (CPAs)
Page 58 of 95
Section 59
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Land that is located next to or within CPAs are potential land parcels of interest for conservation
purposes. The following methodology is outlined in the conservation land guideline to identify the
highest priority land:
Land parcels 30ha or more in size;
Located next to or within CPAs;
Have high biodiversity value (based on the Noosa Biodiversity Assessment Report 2016).
Before a particular land parcel can be considered for voluntary acquisition or private land
conservation, further detailed analysis will be required on a case-by-case basis. For example, the
land parcel may meet the key criteria however be weed infested, affected by future development
such as a road corridor or may be vulnerable to climate change impacts including sea level rise.
The Conservation Land Guideline further guides the categorisation of priority land parcels into
preferred public or private land tenures which may be suitable under the following programs:
1. Environment Levy Land Acquisition Program
The Environment Levy Policy provides the head of power for the voluntary acquisition of
environmentally significant land. Recent purchases include 25SP104706 on Cooloothin Creek
(106ha) for $2.7m and 115SP173075 Johns Landing (49ha) for $2.2m (70% funded through the
levy).
The Conservation Land Guideline offers two types of land acquisition models:
Land acquisition and retain in public ownership
The Conservation Land Guideline provides a mapping methodology to identify large land parcels
in the lower Noosa River catchment for acquisition and public ownership because of the
environmental significance of some of these land parcels in the catchment and the potential for
development pressure in this part of the Shire.
Note that other parcels of land not identified through the mapping methodology may be
considered for acquisition on a case by basis. For example, smaller parcels of environmentally
significant land located within CPAs and forming a critical link could be considered for acquisition.
An Environment Levy Working Group (ELWG) assesses land acquisition proposals and makes
recommendations to Council.
Revolving fund
Under the Environment Levy Policy land can be purchased, protected by Nature Refuge, and on-
sold (or parts thereof). This model allows expansion of the protected area estate in private
ownership to free up financial capital for further purchases. The Voluntary Conservation
Agreement (VCA) program has a similar outcome (i.e. private land with Nature Refuge or
covenant) however the buying and selling is managed by the private landholder. Because the
majority of levy funds are likely to be utilised for land in the lower Noosa River catchment, a
revolving fund provides a mechanism to purchase land parcels of interest in other parts of the
shire. There are three types of revolving fund mechanisms:
Purchase, apply a Nature Refuge dedication and on-sell entire parcel with a house site;
Purchase, subdivide for park purposes and on-sell house site;
Purchase two adjoining parcels, boundary realignment and on-sell house site.
Should Council approve the revolving fund guideline to progress a revolving fund program further
detailed investigation will be undertaken around the financial accountability mechanisms for a
revolving fund.
A guideline has been drafted to progress a revolving fund program (Attachment 2).
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Section 60
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
2. Private landholder conservation partnerships programs
Similar to the Environment Levy land acquisition program, the Conservation Land Guideline
identifies a methodology to identify land parcels of interest but for voluntary private land
conservation under the Voluntary Conservation Agreement (VCA) and Land for Wildlife (LfW)
Programs. VCA and LfW properties can play an important role in providing connectivity across
mapped biodiversity corridors as shown in Map 2.
Map 2. VCAs and LfW properties can help consolidate biodiversity corridors (in purple)
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Section 61
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Voluntary Conservation Agreement (VCA) program
Private landholders may voluntarily elect to place a covenant or Nature Refuge over their
property to ensure vegetation and habitat is protected in perpetuity on title. The VCA incentives
program was initiated by Sunshine Coast Council (SCC) which provided a rate contribution
and/or funding to deliver an Environment Management Plan (EMP). The VCA incentives
agreement terminates on property transfer. Council is contractually bound to honour VCAs set up
under SCC.
A Private Landholder Conservation Partnerships Programs Guideline (Attachment 3) has been
developed for new VCA’s. The incentives available differ from the original SCC VCA program:
A rate contribution is no longer offered
Support is provided depending on budget and/or resources as follows;
o Nature Refuge or covenant only, or
o Nature Refuge or covenant with incentives
Incentives are tied to the delivery of an Environment Management Plan (EMP)
Incentives are provided over a maximum term of 5 years only
Capping incentives to 5 years only will allow funds to be redirected to other eligible landholders
after the delivery of the EMP is complete.
The identified land parcels of interest for acquisition could also qualify for the VCA program which
may be a good outcome if either these parcels do not come up for sale or Council does not have
adequate levy funds in reserves to acquire. In addition, landholders who have properties in
Biodiversity Corridors (see Map 2) may be eligible for VCA or LFW and can be assessed on a
case-by-case basis by the Environment Levy Working Group (ELWG).
Land for Wildlife (LfW) Program
The LfW Program offers an alternative program for private landholders who want to be part of a
private land conservation network but may not qualify for the VCA program or may not want
stringent statutory protection over their land. LfW offers a lower level of protection than Nature
Refuge or a covenant. 90% of existing LfW properties are also afforded protection over part of
the property under the Noosa Plan Biodiversity and Riparian Overlay.
The Private Landholder Conservation Partnerships Guideline also offers two levels of support for
LfW depending on budget:
Level 1: Base level of support including a property assessment, LfW sign and a quarterly
newsletter
Level 2: As above but also property re-visits, free trees, nest boxes, workshops, open days
or other initiatives consistent with the intent of the LfW program
Eligibility for Land for Wildlife (LfW) is less stringent than the VCA program and applications are
assessed on a case-by-case basis. Eligible properties may also occur outside of mapped
Biodiversity Corridors (see Map 2).
3. Decision support tool and levels of protection
Figure 1 provides guidance on determining the most preferred and appropriate conservation
program for landholders depending on their location and priority.
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Section 62
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Figure 1. Preferred conservation program depending on location and priority
Figure 2 below shows the various conservation protection tenures, levels of protection and the
general investment required.
Figure 2. Levels of protection/investment for conservation tenures
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Section 63
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Previous Council Consideration
Ordinary Meeting Minutes, 15 January 2015, Item 6, Page 18
That Council note the report by the Principal Environment Officer to the General Committee
Meeting dated 12 January 2015 and
A. Adopt the Noosa Environment Levy Policy as set out in Attachment 1;
B. Endorse the development of an Environment Levy Guideline to guide the implementation of
the Environment Levy Policy;
C. Endorse the development of Strategic Biodiversity Corridor maps to assist with the
implementation of the Environmental Levy; and
D. Endorse the formation of an Environment Levy Working Group consisting of the Council
staff identified in the report minus the Coordinator Financial Services but including
Councillor Wellington.
Ordinary Meeting Minutes, 19 July 2018, Item 7, Page 14
That Council note the report by the Principal Environment Officer to the Planning & Environment
Committee Meeting dated 10 July 2018 and repeal the current Environment Levy Policy and
adopt the revised Environment Levy Policy provided as Attachment 2 to the report, authorising
the CEO to make minor amendments as necessary.
Finance
Apart from the Land for Wildlife (LfW) Program implementation of the Conservation Land
Guideline is financed through the Environment Levy and implemented subject to budget
availability.
Funding for LfW is subject to the annual Budget process.
Risks & Opportunities
The guidelines provide a clear and rigorous approach to guide the use of Environment Levy
funds for the purposes of acquisition or application of other conservation mechanisms suitable on
private land. There are however potential risks with implementing a revolving fund. It is not
always possible to predict fluctuations in the property market and placing an encumbrance over
land (i.e. Nature Reserve) may affect a property value on re-sale. Alternatively, certain buyers
place more value on a property with Nature Refuge status. A business case is intended to be
developed before entering into a revolving fund proposition.
The Conservation Land Guideline provides a methodology for identifying land parcels of interest
for conservation protection. Some landholders may be concerned that their land may be of
interest to Council for conservation protection. However, conservation measures are voluntary
and initiated at the request of the landowner.
Consultation
External Consultation - Community & Stakeholder
Subject to Council’s consideration, a public Conserving Land in Noosa Shire Fact Sheet
(Attachment 4) has been developed which will be available publicly to assist the community and
key stakeholders to understand the intent of the Conservation Land Guideline.
Internal Consultation
The Conservation Land Guideline, Revolving Fund and Private Landholder Conservation
Partnerships Guidelines and the Conserving Land in Noosa Shire Fact Sheet have been
reviewed by the Environment Levy Working Group.
Page 63 of 95
Section 64
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Departments/Sections Consulted:
x Chief Executive Officer Community Services x Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws x Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
x Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 64 of 95
Section 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Attachment 1
Page 65 of 95
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
Attachment 1
| @ | NOOSA Policy Guideline
| @ | COUNCIL CONSERVATION LAND
Corporate Plan Reference: Our environment is protect, enhanced and valued by
the community
Endorsed by Council: Ordinary Meeting <DD Month, YYYY>
Guideline Owner and Department: Director Environment and Sustainable Development
GUIDELINE BACKGROUND
The Environment Levy Policy provides the head of power fo uisition of environmentally
significant land and the Voluntary Conservation Agreement m. In addition, the Land
for Wildlife (LfW) program supports landholders with c ation on private land. An
Environment Levy Working Group (ELWG) makes mendations ouncil on the best
mechanisms to protect environmentally significant la er these program
The purpose of the Conservation Land Guidelin provide a clear methodo! or identifying
land parcels of interest for either voluntary acquis! he VCA ‘am or the L ram.
POLICY GUIDELINE
Core Protected Areas and Biodivers sridors
Consistent with the Environment Levy P anservatio d Guideline is based upon the
principle of consolidating and connecting ote Areas s). CPAs are large areas of
remnant vegetation which consist collectively © 0 eady“tinder conservation protection
such as National Park, Cg on Park, Us efuge e hland Reserve. The larger the
protected area, the mg ance surviva ertain vegetation types and faunal species.
Fragmentation of ha places falinial specieéS iat risk of genetic isolation, predation by pest
species and impac' climate change.
Noosa’s four largest GPAs are Map d are Cooloola-Noosa, Tewantin-Pomona
(including Ringtail and Y e Fore Cooroy and Woondum. Map 1 also shows
mapped B orriddtS that help connect’CPAs via creek lines and vegetation networks.
The VG id LfW prepenties p an important role in consolidating biodiversity corridors.
Map § methodology lentify d parcels of interest
To con ate and conne' PAs, land parcels of interest are identified based on the following
mapping odology:
e Land locé immedia ext to or within CPAs;
° Land equal gre han 30ha in size ;
° Land parcels ¥ high biodiversity score (as identified in the Biodiversity Assessment
Report mapping).
The ELWG has recommended that land parcels in or adjacent to the Cooloola-Noosa CPA be
considered as the highest priority because of the potential threat of development in the lower
Noosa River catchment. A suitable land parcel is land that:
e Is located immediately next to the Noosa River or lakes;
° Is located on Noosa North Shore that connects National Park or Bushland Reserve;
° May have a lower biodiversity score because the main criteria for these land parcels is ‘threat
level’ and lower biodiversity score parcels are still considered a high priority for acquisition in
this area;
° Are larger parcels of land i.e. zoned Open Space Conservation, Rural Settlement or Rural.
Page 1
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
POLICY GUIDELINE - Conservation Land
Core Protected Areas
& Biodiversity Corridors
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Map 1 Noosa’s Core Protected Areas and Biodiversity Corridors
Conservation mechanisms
Apart from environmental legislation, Council has four key mechanisms to protect environmentally
significant land:
1) Land acquisition program-Buy and hold
Page 2
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
POLICY GUIDELINE —- Conservation Land
A landholder may approach Council with an offer to sell their land. The ELWG makes an
assessment of whether the land meets the criteria under the mapping methodology. If so, an
assessment is undertaken for:
° Verification of biodiversity values and condition
° Investigation of encumbrances including weed infestation, future road corridors or impacts
from climate change such as sea level rise
° Assessment of funding opportunities for revegetation if the property is partly cleared.
Examples include grants, environmental offsets or carbon offset programs
° Suitability for potential Nature Refuge dedication under the Nature Conservation Act 1992
° Value for money: A potential purchase must also be ‘value for money’ based on a current
land valuation
The ELWG has recommended that land parcels in or adjacent to ooloola-Noosa CPA be
considered as the highest priority because of the potential t! f development (including
clearing for views) in the lower Noosa River catchment. Land in this area are considered
for ‘buy and hold’ under public protection and not recomme elling. After purchase the
land may be managed by Council as a bushland reserve ed’ to al Parks to add to the
protected area estate.
Land parcels that do not meet the mapping meth may also be con d on a case by
case basis. For example, a smaller land parc y have unique charact that warrant
conservation such as the last remaining populatio threate ecies.
2) Land acquisition-Buy and on-sell (Revolving fund
Similar to the land acquisition ‘buy and@old’ program land parcels identified through the
mapping methodology are suitable for a BU d on-sell pr ition (also termed a revolving fund).
Only the Cooloola Noosa CPA land pa a et suitable esale through a revolving fund
because they are identified as a priority E n and commended for the highest
level of protection through public ownership’
Under the Environment land (OF \ ereof), “may be on-sold with conservation
protection if there are adverse pacts to thé environmental values of the land. The main
mechanisms to do tk e:
° On-sell entire [an@yparcel: Th€ land parcel i rchased, dedicated as a Nature Refuge and
on-sold
° Bound alignme adjoining Ta cels can undergo a boundary realignment, one
pan sded dasa re Refuge and the balance parcel on-sold
° division: A la arce be subdivided for park purposes, one parcel is dedicated as a
ure Refuge and balanéé parcel on-sold
A Revol¥ und Guideline‘ia@s been developed to implement a revolving fund.
3) Volunta anservation Agreements
Private land co wation play an important role in re-connecting corridors between CPA's.
Council may ente 3 greement with a private landholder to place conservation protection
over their land (or pa eof). A covenant or Nature Refuge is placed on title to protect land in
perpetuity. Council may provide funds towards the costs of establishing the covenant or Nature
Refuge and may also provide ongoing funding support to deliver an Environment Management
Plan.
Land parcels identified through the mapping methodology are suitable for the VCA program. In
addition land parcels that occur in mapped biodiversity corridors may also be suitable for the VCA
program.
A Private Landholder Conservation Partnerships Guideline has been developed to implement the
VCA program.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 11 SEPTEMBER 2018
POLICY GUIDELINE — Conservation Land
4) Land for Wildlife
The LfW Program offers an alternative for landholders whose properties do not qualify for the VCA
Program or for landholders that do not want a statutory covenant on their land. The LFW Program
provides a support network for landholders interested in conserving their land and adds to Noosa’s
social capital of people involved in private land conservation. Based on popularity and area of land
cover the LFW program is Noosa’s leading private land conservation initiative.
Land for Wildlife offers a lower level of conservation protection than public ownership or private
Nature Refuge, however, like many other rural properties that are vegetated, LfW properties are
protected (or partly protected) under the under the Noosa Plan Biodiversity and Riparian Overlays.
Applications for LfW are considered on a case by case basis and suitable land includes:
e Land parcels identified in the mapping methodology
° Land in biodiversity corridors
e Land outside biodiversity corridors that meets LfW criteria id in supporting guidelines.
A Private Landholder Conservation Partnerships Guideline h veloped to implement the
LfW program.
Conservation tenure and levels of protection
In terms of safeguarding biodiversity, public owne Is considered mor re than private
ownership. It is not possible to determine the abse isk to biodiversity of eac ervation land
mechanism as it is subject to the intent of thé fanadholder ardiess of sta protection
provisions). Figure 1 below shows the various consé@tWation p on tenures, levels of protection
and the scale of investment required.
Common land conservation tenures
Public ownership (acquisition)
1. National Park ,
Highest YR OSE oa 4 Highest
ee NV aaa
4. Council freehold Nature refuge
protection y a cinnl-al 4
Level of
Private ownership
we 5. Freehold Nature Refuge (VCA or Revolving fund)
6. Freehold with vegetation covenant (VCA)
7. Freehold protected under Noosa Plan Biodiversity ee
Overlay (LfW)
8. Landholder goodwill (all tenures)
Figure 1. Common land conservation measures and level of protection
Decision support tool
Landholders may choose to voluntary sell to Council for conservation purposes or elect to be part
of a private landholder conservation partnerships program. Figure 2 is a decision support tool for
helping to determine the preferred conservation mechanism for landholders interested in protecting
their land through one of the conservation mechanisms.
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