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16. APP K. Local Code Response
Attached to the e-mail MCU14/0102 Development Application 4 of 4 App H Engineering, App I Water quality, App J Economic Needs, App K Local Code response..
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Division 17 – Specific Outcomes and Probable Solutions for the Noosaville Locality
Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
11.9 EFFECTS OF USE
Amenity
O1 Uses are located, designed and operated No solution provided. The proposal is not considered to impose Yes
to avoid significant adverse changes to the adverse impacts on the amenity of
light, air quality, noise, accessibility or other adjoining premises.
conditions enjoyed by users of associated,
adjoining or nearby uses.
Major Road Network
O2 Through traffic in Noosaville uses Gibson No solution provided. Not applicable. NA
Road or Eenie Creek Road, ensuring the visual
amenity of Gympie Terrace is protected with a
consequent enhancement of visitor and
recreation opportunities and benefit to
businesses along Gympie Terrace.
Visual amenity
O3 The visual amenity and character No solution provided. The proposal is considered to improve the Yes
surrounding the major road network is visual amenity of Eumundi Noosa Road as
protected and enhances the recognisable measured against the existing on-site uses.
entrance to Noosaville through—
a) retaining and enhancing the visual and A landscape concept plan (refer Appendix
physical separation of Noosaville from F) accompanies the application and
other localities; and illustrates that the frontage landscape will
b) ensuring development does not encroach be generally enhanced, with no existing
upon existing native vegetation along the native vegetation being encroached
road frontage other than for accessways. upon.
Neighbourhood identities
O4 The separate identities of the various No solution provided. Not applicable. NA
residential neighbourhoods remain important
and distinct elements of the residential
character of Noosaville.
Lake Entrance Boulevard
O5 There is no increase in the number of lots
NOOSAVILLE LOCALITY CODE Page 1
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Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
that gain access via Lake Entrance Boulevard. No solution provided Not applicable. NA
Airport
O6 Development and use of premises within No solution provided. Not applicable. NA
750m of the airport do not cause an
obstruction or other potential hazard to aircraft
movement associated with the airport by the
way of—
a) the physical intrusion of buildings or other
structures into aircraft take-off and
approach flight paths;
b) attracting birds or bats to the area, which
could cause or contribute to bird-strike
hazard;
c) providing very bright lighting or lighting
similar to runway lighting, which can
distract or confuse aircraft pilots;
d) interfering with navigation or
communication facilities;
e) emissions that may affect pilot visibility or
aircraft operations; and
f) transient intrusions into the airport’s
operational airspace.
See Figure 11.1 – Airport traffic area Figure 11.1 – Airport traffic area
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Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
11.10 BUILT FORM
Density
O7 The density of development within the site No solution provided. The proposal will comprise a density which Yes
area— is considered to be compatible with
a) is compatible with surrounding surrounding development and able to be
development; comfortably supported by the subject site.
and Further, the proposal has been designed
b) does not exceed— and sited to minimise cut and fill, taking
i. for the Semi-Attached Housing Zone: advantage of the natural landform,
A. for sites between 500m2 and 599m2 avoiding removal of any existing
inclusive—4.8 persons vegetation and improving the existing site
B. for sites 600m2 or more — 6.6 access and on-site vehicle movements.
persons or 100 persons per hectare
ii. for the Attached Housing and Business
Centre Zones—a maximum population
density of 100 persons per hectare with
the exception of the following sites
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Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
which have an allowable population
density of 320 persons per hectare
exclusively for the purpose of a visitor
hostel—
A. Lots 3 & 4 on RP122928 situated at
14-16 Mary Street; and
B. Lot 21 on RP815864 situated at 11-13
William Street;
iii. For the Visitor Mixed Use Zone— 160
persons per hectare; and
c) has a low site impact to enhance the
opportunity to maintain natural site
characteristics, including native
vegetation and natural landforms.
Height
O8 Buildings and other structures— S8.1 Buildings and other structures have a The proposal will not relate to any buildings Yes
a) are low rise and have a visual bulk and an maximum building height of— or structures with a height of more than
architectural scale consistent with a) if in the Attached Housing Zone – 8m, with 10m.
structures on adjoining or nearby land; the exception of those properties with
b) do not exceed a building height of — frontage to the following streets: - Russell St,
i. for the Attached Housing Zone 2 William St and Howard St, or Weyba Rd,
storeys unless located on property with James St and Albert St north of their
frontage to the following streets: - intersections with Elizabeth St where they
Russell St, William St and Howard St, or have a maximum building height of 12m;
Weyba Rd, James St and Albert St b) if in the Visitor Mixed Use Zone – 12m;
north of their intersections with c) if in the Business Centre or Industry Zones —
Elizabeth St, where they are not to 10m;
exceed a maximum building height of d) if in the Shire Business Centre Zone – 8m,
3 storeys; except in Precinct E1 or E2 where 12m;
ii. for the Visitor Mixed Use Zone– 3 e) if in the Industry Zone – 10m
storeys, although present only 1-2 f) in all other zones—8m.
storey façades to Gympie Terrace;
iii. for the Shire Business Centre Zone– 2
storeys, except in Precinct E1 and E2
where 3 storeys and Precinct REC/MU
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Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
where 1 storey; and
iv. for all other zones— 2 storeys;
c) do not visually dominate the street or
surrounding spaces;
d) preserve the amenity of surrounding land;
e) ensure that development responds to the
site topography; and
(f) are well articulated with strong horizontal
and vertical design elements to provide
an interesting streetscape and to
complement landform changes and
landscapes.
Setbacks
O9 Buildings and other structures are S9.1 Buildings and structures comply with the The proposal will be largely compliant with Yes
appropriately designed and sited to— setbacks identified in Schedule 1 - Minimum the minimum boundary setback
a) provide amenity for users of the premises Boundary Setbacks. requirements, other than the following:
as well as preserve the visual and acoustic
amenity of adjoining and nearby The north eastern corner of the proposed
properties; Retail Business Type 6 and/or Industrial Type
b) provide adequate distance from adjoining 1 or 2 building is 4.05m to Walter Hay Drive
land uses; (considered to be a secondary frontage). It
c) allow space for required vehicle parking; should be noted that this is only at the very
d) preserve any existing vegetation that will corner of the building as it angles away
buffer the proposed building; from the boundary with the setback quickly
e) allow for landscaping to be provided increasing to a maximum of 10.59m. As
between buildings; such, the non-compliance relates to a
f) maintain the visual continuity and pattern minor 450mm. This minor encroachment is
of buildings and landscape elements considered to be appropriate given:
within the street; The existing vegetation buffering
g) avoid large areas of continuous wall the proposed building from Walter
planes by varying the building setbacks Hay Drive;
and using appropriate techniques to There not being any adjoining land
provide visual relief; and uses;
g) help protect the natural character and The proposed addition of further
visual amenity of the Noosa River system significant landscaping treatments
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Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
and other watercourses. to this buffer area; and
This treatment is considered to be
largely consistent with the existing
buildings located further east of the
site and that which front Walter
Hay Drive.
The second setback intrusion relates to the
proposed tyre & mechanical building
located in the south eastern corner of the
site. The building fronts Lionel Donovan
Drive (considered to be a secondary
frontage). As such, the non-compliance
relates to a total of 2.5m. This is understood
to be appropriate given:
the addition of a significant
landscaping screening treatment
to the setback area. This will
screen the subject building as well
as improve the visual amenity of
the streetscape;
the proposed development is
mainly orientated towards Eumundi
Noosa Road and only has a small
frontage in comparison to Lionel
Donovan Drive which in effect is
more equivalent to a side
boundary;
this is a generally inconspicuous
part of the Lionel Donovan Drive
where a building within 2m of the
boundary will have little impact on
the streetscape and character of
the area which is dominated by
large car sales premises;
there is currently no existing visual
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Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
continuity of buildings within this
section of Lionel Donovan Drive
and as such, the proposed building
is not ‘out of place’.
Given the above, the proposed setback
intrusions are considered to be appropriate
regardless of the non-compliance.
Site cover, gross floor area and plot ratio
O10 The site cover, gross floor area and plot No solution provided. The proposal will comprise a site cover, Yes
ratio of buildings and other roofed structures— gross floor area and plot ratio of buildings
a) results in a building scale that is and roofed structures which is considered
compatible with surrounding to be compatible with surrounding
development; development, avoids a ‘bulky’
b) does not present an appearance of bulk appearance and removal of any existing
to adjacent properties, roads or other vegetation and facilitates on-site
areas in the vicinity of the site; stormwater management and vehicular
c) maximises the retention of existing access.
vegetation and allows for additional soft
landscaping between buildings;
d) allows for adequate area at ground level
for outdoor recreation, entertainment,
clothes drying and other site facilities; and
e) facilitates onsite stormwater management
and vehicular access.
O11 Site cover does not exceed— O11 - O16 – not applicable. NA
a) for a class 1 or class 10a structure within
the Detached Housing Zone, does not
exceed—
i for a single storey building - 50%; or
ii for a building of 2 or more storeys - 50%
on the ground floor and 30% for the upper
storey(s), or 40% for all storeys for a
building of 2 or more storeys;
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Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
b) for other classes with the Detached Housing
Zone, does not exceed—40%;
c) for the Semi-Attached Housing Zone does
not exceed 40%;
d) for the Attached Housing Zone does not
exceed 40%;
e) for the Visitor Mixed Use Zone does not
exceed 40%; or
f) for the Shire Business Centre Zone in Precincts
E1, E2, E6 and E7 does not exceed 50%
O12 For the Semi Attached Housing Zone
buildings do not exceed a plot ratio of 0.45:1
O13 For the Attached Housing Zone the
maximum gross floor area is equivalent to the
maximum allowable population in persons
multiplied by 40m2.
O14 For the Visitor Mixed Use Zone, the
maximum gross floor area equals the allowable
population in persons multiplied by 40m2,
provided that the gross floor area does not
exceed 13,600m2.
O15 For the Business Centre Zone, outside of
the Mary Street/Thomas Street Precinct the
maximum plot ratio is —
a) 0.8:1 for site areas up to and including
2,000m2; plus
b) 0.3:1 for the balance portion of the site area
in excess of 2000m2.
O16 Within the Shire Business Centre Zone, the
maximum plot ratio for development within the
following precincts is —
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Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
a) Precincts B1 and B2 combined- 0.5:1;
b) Precinct B3- 0.8;
c) Precinct E1- 0.6;
d) Precinct E2- 0.6;
e) Precinct E3- 0.6;
f) Precinct E4- 0.6;
g) Precinct E5- 0.6
h) Precinct E6- 0.6;
i) Precinct E7- 0.6;
j) Precinct RES- 0.6; and
k) Precinct REC/MU- 0.1.
Flooding and drainage
O17 Buildings and other works are designed
and sited to— S17.1 For new buildings or structures or additions The proposal will comprise habitable floor Yes /
a) provide flood free access to premises and of more than 50m2 gross floor area to an existing levels not less than the specified minimum, N/A
flood free habitable areas; building or structure, floor levels for habitable connections to all existing Council
b) allow only minor, short term and rooms are not less than the specified minimum infrastructure as well as car parking levels
infrequent flooding of non-habitable floor levels; which allow drainage via gravity means.
areas; AND The proposal will not be related to a
c) ensure carparking areas can be S17.2 Where Council infrastructure is available— residential use nor basement parking.
adequately drained; a) any drainage (including buildings and
d) ensure drainage does not adversely impact yards) flows to that infrastructure; and
upon other premises; and b) the infrastructure has the capacity to
e) ensure filling or excavation does not accept any additional loading;
adversely impact upon other premises AND
by— S17.3 For Residential Uses—
i. causing ponding on the site or nearby a) where slab on ground construction is
land; used, filling does not extend more than
ii. increasing flooding, which adversely 1m beyond the building footprint and
affects the safety or use of any land access to car parking areas, measured
upstream and downstream; and from the outer walls of the building ; or
iii. adversely affecting the flow of water in b) the design consists of a suspended floor
any overland flow path. construction;
AND
S17.4 Car parking and manoeuvring areas
are constructed at a level that permits the
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Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
parking area to drain from the site by gravity
means, without the need for mechanical
pumping;
AND
S17.5 Basements for residential uses have
flood immunity above the Q100 where
alternative means to mechanical pumping
are used to achieve such immunity; or
S17.6 Basements for non-residential uses
have flood immunity above the Q100 that
may be achieved by means of mechanical
pumping where the mechanical feature is
installed with adequate holding tanks and an
alternative back up power source.
Sloping sites & ridgelines
O18 Development on sloping sites— S18.1 Buildings and associated accessways are Not applicable, other than S18.3. The Yes
a) is responsive to the natural topography of not constructed on land with a slope greater than proposal is likely to comprise fill of more
the site and minimises cut and fill; 25% (1 in 4); AND than 1.2m in height (at the north eastern
b) does not visually dominate the hill slope or S18.2 Buildings are of split level design that step portion of the site). This is considered to be
interrupt the skyline; down the slope or have suspended floor an improvement to the site as it currently
c) is integrated with the natural site construction; exists, providing for a development which is
characteristics including vegetation; and AND visually integrated within the site and to the
d) for Multiple housing, takes the form of S18.3 Cut or fill is less than 1.2m in depth; surrounding locality. Further, this fill
small separate buildings; AND treatment is not considered to visually
S18.4 The distance between the ground and the dominate the site or interrupt the skyline
lowest part of the floor of the building does not and will be buffered by a significant
exceed 3m to avoid large under building areas; landscape treatment to the north of the
AND site.
S18.5 Buildings present no more than 2 or 3
storeys at any one point.
AND
O19 On sites which are visible from the major S19.1 No solution provided The proposal will not relate to outbuildings. NA
road network, areas of public open space, the
Noosa River or the beaches new buildings and
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Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
structures including outbuildings, are designed
so as not to dominate or detract from the
scenic and environmental qualities of the site
and its setting.
Roof form
O20 Rooflines— S20.1 With the exception of buildings within the The site is within the Industry Zone and the NA
a) contribute positively to the local skyline; Industry Zone, the main roof of the building has a proposal will not be related to a roof top
b) complement the character of the locality; roof pitch no less than 5 degrees and has a terrace.
c) are articulated, pitched or skillion; minimum 600mm eaves to at least 75% of the
d) avoid low pitched (eg. less than 5 perimeter of the building; AND
degrees) or box roof profiles/parapets; S20.2 Buildings and structures do not include roof
and top terraces.
e) do not create opportunities for residents to
overlook the private open space areas of
neighbouring properties.
Materials and finishes
O21 Buildings and other structures use S21.1 With the exception of buildings within the The site is within the Industry Zone. NA
materials and finishes that complement the Industry Zone, buildings
Noosaville character and integrate with the a) use a mix of lightweight and textured
surrounding natural and built environment. external building materials, including timber
finishes; or
b) use masonry construction where variation is
provided in texture, detailing and the like;
c) use open or transparent balustrades;
and
d) incorporate open balconies.
11.11 ENVIRONMENT, CONSERVATION AND RECREATION
Environment and cultural heritage values
O22 There are no significant adverse effects on
biodiversity, native vegetation, native fauna No solution provided. No adverse effects are expected to any Yes
habitat, landscaped quality, water quality or environmentally sensitive areas.
cultural heritage values, including those related Advisory note
to— PSP24 – Effluent Disposal details
a) changes to natural drainage; requirements for the design and siting of
effluent disposal systems where located
b) management of fire risk;
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Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
c) erosion and the transport of sediments off outside a sewerage service area.
site; Compliance with PSP24 will be
d) unmanaged public access; considered as part of Council’s
assessment of the plumbing and
e) effluent disposal;
drainage application.
f) changes to fauna habitat and behaviour;
and
g) disturbance of buildings and features,
including natural features of cultural
heritage significance.
Open space network
O23 An integrated open space network is S23.1 Open space corridors and existing native The site is not affected by open space NA
established throughout the locality and— vegetation in areas indicated in Schedule 5 – corridors or existing native vegetation as
a) allows for both passive and active Map 4 are protected from fragmentation and shown in Schedule 5.
recreational pursuits; encroachment by development.
b) provides safe and convenient
connectivity for pedestrians and cyclists to
neighbourhood centres, community
services and other key destinations such
as public open space, the Noosa River
and Wallace Estate;
c) provides habitat connectivity for wildlife;
d) protects watercourses and drainage lines
in the lowlands; and
e) forms a scenic backdrop for the locality’s
residential neighbourhoods
AND
O24 Physical and visual links between public S24.1 No solution provided
open space areas and watercourses are
retained.
Pedestrian and bicycle pathways
O25 Safe and convenient pedestrian and S25.1 Pedestrian and bicycle pathways are The site is not mapped as containing trunk Yes
bicycle pathways are provided and retained provided and retained where indicated in infrastructure. Contributions will be payable
between and around key destinations Schedule 5 – Map 2; where applicable.
including— AND
a) an east-west link between the Tewantin & S25.2 Contributions toward a Pathways Network
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Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
Doonan Locality and the Noosa Heads are provided in accordance with PSP20.
Locality along the Noosa River foreshore;
and
b) a north-south link between the Shire
Business Centre and Wallace Park to the
Noosa River foreshore
c) recreation areas off Shorehaven Drive and
Seacove Court;
d) scouting facilities at Gympie Terrace and
Gibson Road;
e) the Australian Rules field at Weyba Road;
and
f) camping and caravanning facilities at
Munna Point.
Foreshore character
O26 The natural landscape character and No solution provided. Not applicable. NA
vegetation along the foreshore areas of the
Noosa River, Lakes Doonella and Weyba and
Eenie Creek, Noosa National Park, Keyser Island
and Weyba Creek Conservation Parks is
protected.
Watercourses
O27 The environmental, economic, amenity No solution provided. Not applicable. NA
and transportation values of the Noosa River
system is protected.
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Division 26 – Specific Outcomes and Probable Solutions for the Industry Zone
Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
11.51 CONSISTENT USES
O186 The following defined uses and use
classes are consistent uses and are located in No solution provided. The proposal will comprise predominantly Yes
the Industry Zone – consistent uses including Industrial Business
a) Industrial Business Types 1 or 2; Types 1 & 2 and Retail Business Types 5 & 6.
b) Retail business Types 3, 5 or 6;
c) Retail business Type 4 if a vehicle sales
premises and located with frontage to
Lionel Donovan Drive;
d) Education Type 3 if trade related
vocational training
e) Emergency Service Type 2;
f) Service and utility;
g) Transport Types 1, 2 or 3; and
h) Ancillary dwelling unit.
11.52 INCONSISTENT USES
O187 The following defined uses and use
classes are inconsistent uses and are not No solution provided. The proposal will comprise an Yes
located in the Industry Zone – Entertainment and Dining Business Type 1 as
a) All Agricultural Uses; well as a Retail Business Type 2. However, as
b) Commercial business; demonstrated within the town planning
c) Entertainment and dining business; report, it is considered that sufficient
d) Home-based business; grounds exist to overcome this conflict.
e) Industrial business Type 3
f) Retail business Types 1, 2 or 7;
g) Retail business Type 4 if not a vehicle
sales premises located with frontage to
Lionel Donovan Drive
h) Education if not Type 3 and trade
related vocational training;
i) Emergency Service Type 1;
j) Open Space;
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Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
k) Wellbeing;
l) Transport Type 4;
m) Detached house;
n) Community residence;
o) Multiple housing; and
p) Visitor accommodation
11.53 EFFECTS OF USE
Amenity
O188 Uses are predominantly of an industrial No solution provided. It is considered that the proposal comprises Yes
nature ordinarily expected in an industrial uses which are largely industrial in nature
estate with ancillary uses compatible with and ordinarily expected in an industrial
industrial businesses. estate with the balance of the proposal
considered to be ancillary and compatible
with the primary industry uses.
0189 Industry business uses are located, The proposal will comprise industry business Yes
designed and operated to avoid significantly uses which are located, designed and
changing the amenity enjoyed by users of operated to avoid significantly changing
surrounding premises. the amenity enjoyed by users of
surrounding premises.
Storage of Materials
O190 Materials stored outside of buildings do No solution provided. Other than the underground fuel tank Yes
not exceed half the height of the on-site storage area (which will comply with
buildings; AS1940), there are no substantial outdoor
OR areas used for storage of materials that
O191 If there are no on-site buildings, the would not comply with these criteria.
stored materials do not exceed 5m;
AND
O192 Storage areas are screened from the
street and adjoining properties by buildings,
landscaping or fencing.
Frontages
O193 The frontage of each site contains S193.1 A landscaped building setback of 10m is to The frontage of the site will contain Yes
landscaping without adversely screening the be provided to Walter Hay Drive, Eumundi-Noosa landscaping without adversely screening
business or visitor carparking; Road and Eenie Creek Road, unless this is the only the business or carparking areas (for further
AND frontage to the site, in which case it can be detail refer to the Landscape Concept Plan
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Specific Outcomes Probable solutions (if code assessable)
reduced to 6m; provided in Appendix F).
AND
S193.2 This setback areas is to include a minimum
of 2m of soft landscaping behind which
uncovered visitor carparking may be located;
AND
O194 Vehicle display is focussed on and S194.1 There is no display of motor vehicle for sale The proposal will not relate to the display or NA
orientated towards Lionel Donovan Drive rather or hire on Walter Hay Drive, Eumundi-Noosa Road motor vehicle for sale or hire.
than Walter Hay Drive, Eumundi-Noosa Road or or Eenie Creek Road frontages;
Eenie Creek Drive; AND
AND
O195 Development fronting Walter Hay Drive, S195.1 No direct vehicular access is taken off The proposal does not comprise direct NA
Eumundi-Noosa Road and Eenie Creek Road is Eenie Creek Road or Walter Hay Drive where the vehicular access to Eenie Creek Road or
sympathetic to the character of the area and property has access to any other road. Walter Hay Drive.
suitable for its position along the entry roads to
the coastal urban part of Noosa.
Environmental Protection
O196 Industrial development is conducted in No solution provided. The proposal will comprise industrial Yes
an environmentally responsible manner, development which is anticipated to be
operating without deleterious impacts on conducted in an environmentally
immediate, surrounding or downstream responsible manner, operating without
communities, environments and environmental deleterious impacts on immediate,
processes. surrounding or downstream communities,
environments and environmental
processes.
11.54 BUILT FORM
Visual Amenity and Character
O197 Buildings are designed and sited to No solution provided. The proposal will comprise buildings which Yes
provide visual interest and amenity by – are considered to be visually interesting
a) Providing well-articulated buildings and amenable through being well
with strong horizontal and vertical articulated with strong horizontal and
design elements and features; vertical design elements and features,
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Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
b) Using a variety of external building incorporating a variety of external building
materials within external walls where materials as well as varied site layouts and
such walls are visible from the street; roof designs.
and
c) Providing for interesting and varied site
layouts and roof designs;
AND
O198 Buildings are designed to provide for a The proposal will comprise buildings which Yes
range of potential users by allowing for are considered to have been designed to
adaptable floor plans and adequate floor to provide for a range of potential users by
ceiling heights. allowing for adaptable floor plans and
adequate floor to ceiling heights. This is
particularly evident given the range of
potential uses applied for as part of the
application.
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DIVISION 3 – BUSINESS USES CODE
TABLE 1 – FOR ALL BUSINESS USES
Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
14.16 Effects of Use
Electricity infrastructure
O18 The development does not S18.1 No solution provided The proposed development will not adversely Yes
adversely impact on existing or future impact on existing or future electricity supply
electricity supply infrastructure; infrastructure.
AND
O19 All uses and works maintain an S19.1 Development for uses adjacent to or within
adequate safe distance from electrical 50m of an existing electricity substation incorporates
infrastructure including substations, noise attenuation measures to mitigate noise
overhead powerlines, power poles and impacts; and
transformers. S19.2 Buildings and structures (including swimming
pools, sheds, tennis courts and outbuildings) are not
constructed under overhead electricity transmission
lines, or within electricity easements.
Noise
O20 Development is designed and sited No solution provided The proposed development has been Yes
to avoid noise emissions that designed and sited to avoid noise emissions
unreasonably diminish the amenity of the that unreasonably diminish the amenity of the
area or surrounding uses. area and surrounding uses.
Mechanical plant and equipment and
storage areas
O21 Mechanical plant and equipment S21.1 Mechanical plant and equipment are— Mechanical plant and equipment associated Yes
(including air conditioning equipment) a) located more than 2m from any property with the proposed development will comply
and storage areas are designed and boundary; with all relevant probable solutions.
located to— b) where located at ground level, screened by
a) avoid adverse visual impacts when fencing 1.5m in height or dense vegetation of at
viewed from the street and adjoining least 1.5m in width incorporating grouped trees
properties; and and shrubs with maximum separation distance
b) visually integrate with the building of 1m measured from the centre of the tree or
design. scrub; and
c) are visually integrated into the line and plane of
the building and roof design and do not project
BUSINESS USES CODE PAGE 1 OF 12
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Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
beyond the height or width of the building when
viewed from the street and adjoining properties;
AND
S21.2 For Industrial business and Retail business Type The proposal will comprise the outdoor Yes
3, materials stored outside of a building do not storage of materials (rear of the tyre &
exceed 4m in height or half the height of the on-site mechanical building) and will not exceed 4m
buildings whichever is the greater. in height.
Safety and security
O22 All property boundaries are clearly S22.1 Boundaries are identified by such means as - The boundaries of the subject site will be Yes
identifiable with public and private identified through the use of landscaping and
a) fencing; or
spaces clearly defined. fencing and will include well lit loading and
b) changes in surface materials or levels; or storage areas.
c) landscape treatments.
AND
S22.2 Loading and storage areas are well lit or can
be locked after hours.
O23 All premises and access routes are S23.1 All premises are identified by the provision of Yes
the street number in a prominent location, The proposal will be provided with a
clearly identifiable to all persons, prominently displayed street number.
particularly emergency services preferably near the site entry, (i.e. on the kerb or
personnel. letterbox or by signage on the building or site).
The proposal will comprise entrances and exits Yes
O24 All building entries are designed to S24.1 The number of entrances and exits are limited
be obvious and easily identifiable. which are located at the front of the site, in
and main building entrances/exits are located at
view of the street, well lit and signed
the front of the site, in view of the street. Where this is
(including hours of operation) with direct links
not possible, due to site or existing building
provided to driveways and carparking areas.
constraints, a well-defined path is provided to the
entrance/exit; and
S24.2 All entrances/exits to buildings, are lit and
signed, and signage includes hours of operation;
and
S24.3 Entrances/exits are located to provide a
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Specific Outcomes Probable solutions (if code assessable)
direct link to driveways and carparking areas; and
S24.4 Recessed doorways are avoided where the
recess is of sufficient size to conceal a person. Where
recessed doorways are unavoidable, measures are
used to enhance safety, as follows—
a) good lighting installed;
b) strategically placed mirrors installed;
c) angled approaches provided; or
d) gates which restrict access provided.
O25 Uses are arranged within buildings S25.1 Windows and main entrances are positioned Windows and main entrances associated with Yes
and on sites to enable external areas to to allow for casual surveillance. the proposal will be positioned to allow for
be monitored. casual surveillance.
O26 Communal open space, including S26.1 Communal open spaces, including NA
congregation and seating areas, is Not applicable.
congregation and seating areas are situated where
located where it can be monitored. they are in the line of sight of windows, doors and/or
balconies/verandahs of buildings, or can be seen
from a street or other public space.
O27 Buildings and structures are
S27.1 Buildings or structures that are visible from a The proposal will comprise buildings that are
designed to minimise opportunities for Yes
public street or laneway— visible from a public street and that which
vandalism.
comprise blank walls. As such, the use of
a) avoid the use of solid fences and blank walls landscaping, vandal resistant paint and
which attract graffiti. Where solid blank materials will be used in the construction of
surfaces are unavoidable, measures in the form buildings. Further, toughened glass, security
of landscaping, creepers, murals, vandal screens and other measures will be used in
resistant paint, etc are used; and windows at ground level, where required.
b) use toughened glass, security screens and
other measures (but not including security
shutters that obscure the view of shopfronts) are
used in windows which are provided at ground
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Specific Outcomes Probable solutions (if code assessable)
level, to deter break and enters; and
c) use hardy vandal proof materials and anti-
graffiti paint are used in the construction of
buildings.
S28.1 Lighting of appropriate intensities is provided The proposal will comply with all relevant Yes
O28 Lighting of appropriate intensities is which satisfies the requirements of Australian probable solutions, where require to do so.
provided to maximise safety. Standard AS1158: Public Lighting Code, unless
otherwise specified in this Code; and
S28.2 External lighting of a graduated intensity is
provided which starts at a lower level of brightness
at the perimeter of the site and rises to a higher level
at the entrance to buildings or at the centre of the
site; and
S28.3 Lighting is directed onto the site and away
from neighbouring properties; and
S28.4 Vandal-resistant lighting is used in public and
publicly accessible areas.
O29 Public toilets are designed and S29.1 Public toilets are located in high traffic areas; Not applicable. NA
constructed to – AND
A) ensure the safety of all people
using them; and S29.2 Features that may legitimise loitering, such as
B) take advantage of informal seating or public telephones are not located within
surveillance from adjoining uses 20m of toilet entrances;
and activities, discouraging non- AND
legitimate uses.
S29.3 Entrances to public toilets are visible from the
street, footpath and other activity areas on the site
or adjoining sites.
O30 Premises have accessibility to public S30.1 Safe and convenient pathway access is The proposal will utilise the existing pedestrian Yes
transport. provided from the site to link to existing pathway pathways at the frontage of the site, which
networks that services public transport facilities; connect to public transport facilities.
OR
S30.2 Direct pathway access is provided to the
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public transport facility if the facility is contained on
site or within 50m from the property boundary.
O31 Business uses are designed and S31.1 Safe and convenient cycle access to The proposal will be designed and Yes
constructed to encourage users of the and from the site from the existing road and constructed to encourage users of the
development to access the site by means bicycle network, and safe pathway movement development to access the site by means of
of foot or bicycle through provision of within the site is provided; foot or bicycle through maintaining the
appropriate end of trip facilities including AND existing pedestrian pathway (which connects
bicycle parking and shower/change to the wider surrounding area) as well as the
rooms. S31.2 Secure and convenient parking space provision of appropriate end of trip facilities
for bicycles is provided on site in accordance including bicycle parking and
with AS2890.3 Bicycle Parking Facilities and shower/change rooms, where required to do
Figure 14-1 Minimum Requirements for so.
Bicycle Parking;
AND
S31.3 Where at least 5 bicycle parking spaces are
required in accordance with Figure 14-1 Minimum
Requirements for Bicycle Parking, end-of-trip cycle
facilities are provided at the following rate:
a) 1 locker per 2 bicycle parking spaces; and
b) 1 shower cubicle with ancillary change rooms per
10 bicycle spaces or part thereof;
AND
S31.4 Bicycle parking spaces and cyclist facilities are
designed in accordance with AUSTROADS Guide to
Traffic Engineering Practice, Part 14 – Bicycles,
Section 10;
S31.5 On-site pedestrian facilities such as seating
and shade structures are provided in developments
for the convenience of persons walking to the site.
Site Facilities
O32 Waste storage areas, external S32.1 Waste storage areas, external storage areas The proposal will comprise two waste storage Yes
storage areas and loading docks do not and loading docks are situated to the rear of the areas – one for the service station/shop
detract from the visual amenity of the building or under the ground; component (located internally to the building
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Specific Outcomes Probable solutions (if code assessable)
streetscape or cause nuisance to OR and appropriately screened with walls and
adjoining properties. louvered swinging gates for access). The
S32.2 With the exception of the access way, waste second waste storage area will be located
storage areas, external storage areas and loading adjacent to the service station/shop
docks are visually screened by landscaping or component waste storage area and will
fencing. comprise the capacity for 3 x refuse bins. This
area will be screened via a 1.8m high fence
to the side and rear as well as further buffered
by landscaping.
Environment and Heritage Values
O33 There are no significant adverse No solution provided. The land the subject of this application is not Yes
effects on the biodiversity, natural considered to comprise any significant
vegetation, native wildlife, habitats, Advisory note ecological features and as such, the proposal
landscape quality, water quality or PSP24 – Effluent Disposal details requirements for the will not cause any significant adverse effects
heritage values, including those related design and siting of effluent disposal systems where to the environment or heritage.
to— located outside a sewerage service area.
a) changes to natural drainage; Compliance with PSP24 will be considered as part of
b) disturbance to any of the Council’s assessment of the plumbing and drainage
wetland systems; application.
c) management of landslide and
fire risk;
d) erosion and the transport of
sediments off-site;
e) unmanaged public access;
f) effluent disposal1;
g) changes to fauna habitat and
behaviour; and
h) disturbance of buildings and
features, including natural
features, of heritage significance.
TABLE 14-10 – ENTERTAINMENT & DINING BUSINESS OR RETAIL BUSINESS TYPES 1 OR 2
Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
14.18 Effects of Use
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Noise and visual amenity
O35 Uses maintain a satisfactory level of S35.1 For uses involving outdoor courts including The proposal will not relate to outdoor NA
acoustic and visual amenity for tennis courts, half courts and netball courts—the use courts.
surrounding uses. complies with the requirements in Section 2 of PSP8
Tennis and other Courts.
Outdoor dining areas
O36 Outdoor dining areas are designed 36.1 Walls to outdoor dining areas are— The proposed Entertainment and Dining Yes
and located so that— a) if facing a roadway or other public area, Business use will comprise an outdoor dining
a) structures are aesthetically pleasing transparent; area (west of the associated building). The
and in keeping with the existing b) not made of flexible, roll-up or drop plastic wall of the associated building – facing the
character of the area, including the sheeting; outdoor dining area – will be transparent,
architecture of the associated c) separated from the floor and any roof by a not made of flexible sheeting, separated
building; minimum vertical gap of 500mm; and from the floor by a vertical gap of 500mm,
b) outdoor dining adds to the d) if detachable or collapsible, are only used will not extend beyond the boundaries of
landscaped streetscape without during inclement weather; the premises (relating to the roof and walls)
increasing perceived building bulk; AND and will comply with the Planning Scheme
c) temporary walls or roofs are stored S36.2 Roof, walls or other structures do not extend Policy 14 – Outdoor Dining.
when not in use and secured at all beyond the boundaries of the premises;
times; AND This area will not be enclosed via a roof
d) adequate air movement is S36.3 The outdoor dining area complies with structure.
available; and Planning Scheme Policy PSP14 Outdoor Dining;
e) structures do not impede the AND
movement of pedestrians or
vehicles;
AND
O37 Adequate clearways and head S37.1 Roof structures over outdoor dining areas have
clearance are provided to allow safe a minimum clearance height of 2.1m.
movement of users of the premises.
TABLE 14-14 –INDUSTRIAL BUSINESS
Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
14.24 Effects of Use
O65 Industrial business is conducted in No solution provided. The proposal will comprise an Industrial Yes
an ecologically responsible manner, Business component, which will be
operating without deleterious impacts on conducted in an ecologically
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Specific Outcomes Probable solutions (if code assessable)
immediate, surrounding or downstream responsible manner, operating without
environments and ecological processes, deleterious impacts on immediate,
including avoiding the release of surrounding or downstream
pollutants that would adversely affect the environments and ecological processes.
quality of the land, air or water.
O66 Where adjoining an existing No solution provided. Not applicable. NA
residential use or a community use or land
included in a residential zone any
emissions of odour, dust, air pollutants,
noise, light or vibration does not spread
beyond the site boundaries.
Site Suitability
O67 Industrial business uses are S67.1 The site is connected to reticulated water The site the subject of this application is Yes
established on land that has access to an supply, sewerage, stormwater and electricity. connected to reticulated water supply,
appropriate range of infrastructure sewerage, stormwater and electricity
services and utilities; and comprises a total area of 7,740m2.
AND
O68 Industrial activity is established on S67.2 The site is a minimum of 1000m2.
sites having sufficient area and dimensions
to accommodate the building or
buildings, associated parking areas,
service vehicle provision, storage areas,
landscaping, vehicle access and on site
movement.
Visual amenity
O69 The façades of industrial buildings S69.1 Where the length of any façade facing a street The building located at the north west of Yes
do not present unbroken and continuous or residential property exceeds 30m, the design the site will comprise a façade of more
blank walls; presents a stepped building line and uses varying than 30m, and as such will be
AND colours and materials to break the building bulk. appropriately stepped and will
incorporate varying colours and
materials to break the building bulk.
O70 The building design addresses the S70.1 The main entry to the building faces the street or The main entry to the various on-site Yes
street; front customer carparking area. buildings will either face Eumundi Noosa
AND Road or the associated customer car
parking area.
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O71 The minimum boundary setbacks S71.1 No solution provided The minimum boundary clearance Yes
are landscaped, with no car parking, setbacks associated with the proposal
garbage bins, outdoor storage areas and will either be landscaped or built to
the like located within the boundary boundary. The proposal will comprise
setback areas. carparking between the proposed
Industrial Business building and Eumundi
Noosa Road, however these will be
buffered with a frontage and carparking
area landscape treatment, considered
to be an appropriate outcome in terms
of visual amenity.
Site security
O72 Suitable day and night safety and S72.1 A security fence no less than 1.8m in height The proposal will comprise a security Yes
security measures are provided to encloses the rear and side boundaries of the site and fence of no less than 1.8m in height to
Industrial businesses to protect people prevents unauthorised access to all outdoor parts of enclose the rear and side boundaries of
and property; the site used for the Industrial business use; the site and to prevent unauthorised
AND AND access to all outdoor parts of the site
used for the Industrial Business use, where
applicable.
O73 Security fencing does not have a S72.2 Any proposed office or public space is sited and The proposal will not relate to an office NA
significant adverse impact upon the orientated towards the principal frontage of the site; or public space.
appearance of the local streetscape. AND
S73.1 Fencing on any frontage is setback an average The proposal will not comprise front NA
of 2m provided that no part of the fencing is within fencing.
1m of the property boundary;
AND
S73.2 Landscaping is provided between the fence See above response. NA
and the frontage without inhibiting sight lines to the
building entrance or carparking.
Storage
O74 The storage of materials on-site does No solution provided The proposed Industrial Business NA
not cause a public health hazard or component may comprise the storage
environmental nuisance. of materials on-site and is not considered
to cause a public health hazard or
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environmental nuisance.
Retail components
O75 Retail sales are ancillary to the S75.1 Only goods resulting from the Industrial business The proposed Industrial Business will Yes
Industrial business use. are sold on site; provide goods (sold on-site) resulting only
AND from and relating to, the operation of
S75.2 The proportion of gross floor area used for retail such a use and will not comprise a GFA
sales and display of goods for sale does not exceed for retail sales and display of goods for
20%. sale in excess of 20%.
TABLE 14-15 - SERVICE STATION
Column 1 Column 2 Proposal Complies
Specific Outcomes Probable solutions (if code assessable)
14.24 Effects of Use
Siting
O76 Service stations are located only S76.1 The service station is located in a Commercial The proposal will comprise a service station Yes
where they are compatible with the zone, on a site fronting part of the major road component, which will be located on a
existing and proposed amenity and network; site zoned Industry, considered to be a
development of a neighbourhood and OR consistent use for that land. The proposal
where they are appropriate given the S76.2 The service station is co-located with, or will be compatible with the existing and
existing or likely future traffic movements in adjoining, shopping facilities or established business proposed amenity of the surrounding
the area. development. locality and is considered to be
appropriate given the type of existing road
network (proposed use is reliant on and
reasonably expected to be sited on, a
major road frontage).
O77 Service stations are sited and S77.1 Publicly accessible parts of the service station Publicly accessible parts of the proposed Yes
designed for maximum surveillance from including the point of sale and the entrance to any service station component will be well lit
adjacent streets and other activities external toilets are well lit and clearly visible from and clearly visible from areas of activity,
areas of activity within the site (such as petrol pumps) adjacent uses and the surrounding street
as well as from adjacent uses and the street. network.
O78 The site is large enough to S78.1 The site has— The proposal will be located on a site Yes
accommodate the service station and a) an area of a least 1,500m2; which has an area of at least 1,500m2, a
associated carparking, accessways and b) a frontage of at least 40m; and frontage of at least 40m and a secondary
landscaping. c) where a corner site, a frontage of at least 30m frontage of at least 30m to each road
to each road to which the site has frontage. frontage (being a corner site).
Neighbouring amenity
O79 Service stations ensure the amenity S79.1 Where located within 150m of a residential use Not applicable. NA
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Specific Outcomes Probable solutions (if code assessable)
of neighbouring residential areas is or land included in a residential zone—
protected. a) buildings are constructed of non-reflective
material, including concrete, brick or timber;
and
b) a landscaped area , a minimum of 2m, is
provided along the property boundary to any
road;
AND
S79.2 Where the site adjoins a Residential Use or land
included in a residential zone—
a) a 2m high solid screen fence is provided along
the common boundaries; and
b) hours of operation are limited to between 7.00
am and 10.00 pm.
Site layout & design
O80 Buildings, structures, driveways, tanks S80.1 Fuel pumps are not less than 8m from any The proposal will comprise fuel pumps Yes
and fuel bowsers are sited to— frontage— which are not less than 8m from any road
a) ensure the safe and efficient use of AND frontage as well as inlets to bulk fuel
the site; S80.2 Inlets to bulk fuel storage tanks are located so storage tanks which allow a refuelling
b) maintain visual amenity and tankers stand wholly within the site and on level tanker to stand wholly within the site and
streetscape character; ground while discharging fuel into tanks. on level ground whilst discharging fuel into
c) provide adequate separation to tanks.
adjoining land uses; and
d) not cause an environmental
nuisance to neighbouring
properties.
O81 Customer air and water facilities, S81.1 Customer air and water facilities, and any car Customer air and water facilities will be Yes
and any automatic mechanical car washing facilities are setback 5m from any residential setback at least 5m from any residential
washing facilities are located such that— property boundary. property boundary.
a) vehicles using or waiting to use such
facilities are standing wholly within
the site; and
b) an adequate buffer area can be
provided to any adjoining
Residential Use.
O82 The layout and design of the service S82.1 Sealed impervious surfaces are provided where The refuelling forecourt area will be sealed Yes
station ensures that on site operations do potential spills of contaminants may occur; and impervious.
not cause any environmental nuisance or AND
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Specific Outcomes Probable solutions (if code assessable)
harm or result in the release of untreated S82.2 Grease and oil arrestors or other infrastructure is A blind sump tank will be incorporated into
pollutants. provided to prevent the movement of contaminants the design of the proposal, considered to
from the site. adequately treat the movement of
contaminants from the site prior to
discharge to the existing stormwater
reticulation network.
O83 The associated sale of goods, S83.1 The gross floor area used for the associated The associated sale of goods is considered Yes
including foodstuffs, is ancillary to the retail sale of goods is limited to 15% of the gross floor to be ancillary to the service station use.
service station use. area. However, Council have requested that this
component be classified as its own specific
use (Retail Business Type 2 – Shop & Salon),
given the size of the paypoint building. This
use is inconsistent in the Industry Zone. As
such, sufficient justification has been
provided in the town planning report
regarding this matter.
Traffic & Access
O84 The layout of the site facilities and S84.1 Where the site is situated at the intersection of The site is situated at the intersection of Yes
vehicular accesses result in unrestricted two roads, separate entrances and exits are provided Eumundi Noosa Road and Walter Hay
vehicular access to and egress from the to one or more of the adjoining roads. Drive. As such, a separate entrance and
site. exist has been provided to Eumundi Noosa
Road as well as Lionel Donovan Drive (to
O85 The use of land for a service station – the rear).
a) Does not impair traffic flow or
road safety;
b) Facilitates safe and convenient S85.1 Any vehicular crossing over a footpath is – The proposal will comprise the removal of 2 Yes
movement to and from the site a) Not less than 8m in width; existing vehicle crossovers (over a
through the design and b) Located so the crossing is not less than 14m footpath) with 3 new crossovers (over a
arrangement of vehicular from any vehicular crossing on the same site; footpath) to be provided. Each of these
crossovers; and and will be not less than 8m in width, located so
c) Provides adequate, safe and c) Not less than 12m from any road intersection. that the crossing is not less than 14m from
functional on-site parking and any vehicular crossing on the same site
manoeuvring areas. and not less than 12m from any road
intersection.
BUSINESS USES CODE PAGE 12 OF 12