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2018-10-09 Planning & Environment Committee Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 9 October 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 the other 51 sections
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 MCU16/0079.02 FURTHER REPORT - REQUEST TO CHANGE A
DEVELOPMENT APPROVAL FOR 5 MEMORIAL DRIVE, TEWANTIN 3
2 MCU15/0086.02 REQUEST TO CHANGE AN EXISTING APPROVAL FOR
MATERIAL CHANGE OF USE FOR ENTERTAINMENT AND DINING BUSINESS
TYPE 1, FOOD AND BEVERAGES AT 2 BOTTLEBRUSH AVE, NOOSA HEADS 6
3 MCU18/0019 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF
USE FOR MULTIPLE HOUSING TYPE 3 - RETIREMENT & SPECIAL NEEDS (90
BED AGED CARE FACILITY) AT 52 - 62 GOODCHAP STREET AND 3 - 11 VAL
CRESCENT, NOOSAVILLE 19
CLOSED SESSION -
Page 2 of 52
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU16/0079.02 FURTHER REPORT - REQUEST TO CHANGE A DEVELOPMENT
APPROVAL FOR 5 MEMORIAL DRIVE, TEWANTIN
DOCUMENT INFORM AT ION
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development Department
Index ECM/ Applications/ MCU16/0079.02
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 October 2018 regarding Application No.
MCU16/0079.02 for a minor change to Development Permit for Material Change of Use for
extensions to RSL Club situated at 5 Memorial Avenue, Tewantin, described as Lot 10 on SP
273411 and:
A. Agree to amend condition 3 to read as follows:
3. The proposed development provides for an extension to the Gaming Area (providing
for a maximum of 195 gaming machines and limited to a maximum floor area of
565m2), Smokers Terrace, Store, Children’s Lounge, basement carpark area and
other internal modifications as shown on the approved plans.
B. Note the report is provided in accordance3 with Section 63(5) of the Planning Act 2016.
REPORT
A report on this application was considered by the Planning & Environment Committee meeting
on 10 July 2018 with a further report submitted to the General Committee meeting on 16 July
2018.
Council at its Ordinary meeting on 19 July 2018 resolved to defer consideration to a future
Council meeting in order for the Council to obtain further advice in relation to its powers to
regulate poker machine numbers via its planning provisions and/or other regulatory instruments,
and/or variations in terms of fees and charges.
Council officers subsequently sought advice from the Department of State Development,
Manufacturing, Infrastructure and Planning and the Local Government Association of
Queensland. The department has responded advising the following:
“…the issue of gaming machines, given current definitions, is not seen to be a planning matter.
The regulation of these under the Gaming Regulation is the current mechanism for regulation.”
Given the brevity of the advice, further clarification was sought from the department including
whether legal advice was sought and also if the department could advise the relevant sections in
the legislation that led the department to this conclusion.
Page 3 of 52
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
While the operation of gaming machines may not neatly fit into one of the current definitions
contained in the Planning Regulation 2009, it is clearly a land use and has the potential to have
significant social impacts on local communities. The department have advised that they have not
received legal advice on the matter but have confirmed their previous advice is a departmental
office position.
It is therefore appropriate now for Council to decide the development application lodged by the
Tewantin Noosa RSL & Citizens Club Inc. in May 2018.
In this regard, the current application seeks condition 3 to be amended to remove the restriction
on the number of gaming machines permitted on site. Condition 3 currently requires:
3. The proposed development provides for an extension to the Gaming Area (providing for a
maximum of 180 gaming machines), Smokers Terrace, Store, Children’s Lounge,
basement carpark area and other internal modifications as shown on the approved plans.
The applicant requests that the condition be amended to remove reference to the number of
gaming machines to read as follows:
3. The proposed development provides for an extension to the Gaming Area (providing for a
maximum of 180 gaming machines), Smokers Terrace, Store, Children’s Lounge,
basement carpark area and other internal modifications as shown on the approved plans.
The previous officer’s reports to Council concluded that given The Noosa Plan does not currently
regulate gaming machines, the condition should be amended to reflect the currently approved
number of gaming machines to 195 and the area currently used for gaming machines be limited
to the approved area. The reports to Council also noted that the proposed use being an RSL club
is specifically contemplated for the site by the Noosa Plan and the existing approval includes
entertainment and dining uses and on this basis it is considered the additional (15) gaming
machines already approved by the State are in keeping with the approved use for the site. For
these reasons the report concluded that it is therefore appropriate for Council to support a
change to the condition to reflect the number of gaming machines currently approved by the
state.
In regard to Council’s resolution from the July Ordinary meeting on this matter the following is
also noted:
Council resolved at its September Ordinary Meeting to endorse submission of a motion to
the Local Government Queensland annual conference for consideration and debate to
advocate for changes in planning legislation around electronic gaming machines.
Introducing additional or new fees in respect of electronic gaming machines is not
considered appropriate currently given The Noosa Plan does not include any specific
provisions in this regard for assessment and development application fees are based on a
cost recovery approach.
Previous Council Consideration
Ordinary Meeting, 19 July, Item 5, Page 12
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 July 2018 and the Further Report to the General Committee dated
16 July 2018 regarding Application No. MCU16/0079.02 for a minor change to Development
Permit for Material Change of Use of Premises for extensions to RSL Club situated at 5 Memorial
Avenue, Tewantin, described as Lot 10 on SP 273411 and defer consideration to a future Council
meeting in order that the Council can obtain further advice in relation to its powers to regulate
poker machine numbers via its planning provisions and/or other regulatory instruments, and/or
variations in terms of fees and charges.
Page 4 of 52
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
Ordinary Meeting, 20 September 2018, Item 4, Page 13
That Council note the report by the Director Environment & Sustainable Development to the
Planning & Environment Committee Meeting dated 11 September 2018 and endorse the
submission of the following motion to the Local Government Queensland annual conference for
consideration and debate:
“That the Local Government Association of Queensland advocates to the Department of State
Development, Manufacturing, Infrastructure and Planning to amend planning legislation to define
electronic gaming machines as a land use and permit planning schemes to address both the land
use as well as the social impacts of electronic gaming machines on communities.”
Finance & Risks
There are no direct financial implications or risks as a result of this report unless Council were to
refuse the requested change and the applicant seek to appeal the matter.
Consultation
External Consultation - Community & Stakeholder
Department of State Development, Manufacturing, Infrastructure and Planning
Local Government Association of Queensland
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 5 of 52
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
2 MCU15/0086.02 REQUEST TO CHANGE AN EXISTING APPROVAL FOR MATERIAL
CHANGE OF USE FOR ENTERTAINMENT AND DINING BUSINESS TYPE 1, FOOD
AND BEVERAGES AT 2 BOTTLEBRUSH AVE, NOOSA HEADS
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/MCU15/0086.02
Attachments 1. Development Approval
APPLICATION DETAILS
Application No. MCU15/0086.02
Development Approval Development Permit for Material Change of Use of Premises -
Entertainment & Dining Business Type 1 - Food & Beverages
Applicant Little Sister
Request Received On 16 August 2018
PROPERTY DETAILS
Property Address 2 Bottlebrush Ave Noosa Heads 4567
RP Description Lot 157 RP 88772
Land Area 546m2
Existing Use of Land Little Sister bar
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosa Heads
Zone Business Centre
Overlays Nil
Assessment Type Minor Change to Development Approval
Page 6 of 52
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 9 October 2018 regarding Application No. MCU15/0086.02 to make a
minor change to an existing approval for Material Change of Use of Premises - Entertainment &
Dining Business Type 1 - Food & Beverages situated at 2 Bottlebrush Ave, Noosa Heads and:
A. Refuse to delete Conditions 3 and 7 for the following reasons:
1. The proposed change to the condition 3 is likely to have a detrimental effect on the
amenity of local residents contrary to the Noosa Heads Locality Code and the
Business Uses Code.
2. Condition 7 is necessary to allow for ongoing review of the outdoor dining area
operations to ensure the area continues to be appropriately managed and noise
impacts are not exacerbated over time, given the proximity of the site to residential
properties, the open aired nature of the dining area, permitted patron numbers and
the complaints received by Office of Liquor and Gaming Regulation.
B. Amend conditions 3 and 7 to read as follows:
3. The approved use must not operate outside the hours of 5am to 12am, with use of
outdoor dining area permitted after 10pm only on Friday to Monday nights inclusive.
7. This development permit lapses on 18 October 2020, unless written consent is
provided by Council’s delegate to extend the approval. In assessing an extension to
the approval, Council will have regard to any breach details available from the Office
of Liquor & Gaming Regulation and any other relevant matters.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks approval to change an existing development approval for Material Change of
Use of Premises - Entertainment & Dining Business Type 1 - Food & Beverages in regards to the
operating hours and the life of the permit. The relevant conditions read as follows:
3. The approved use must not operate outside the hours of 5am to 12pm, with use of outdoor
dining area permitted after 10pm only on Friday to Monday nights inclusive.
7. This development permit lapses on 18 August 2018, unless an application is received to
extend the approval. In assessing an extension to the approval, Council will have regard to
any breach details available from the Office of Liquor & Gaming Regulation and any other
relevant matters.
This application seeks to delete both of these conditions.
2. BACKGROUND
A development approval for a Material Change of Use of Premises - Entertainment & Dining
Business Type 1 - Food & Beverages was issued on 18 August 2016. The application was for the
use of outdoor dining areas related to the Village Bicycle (now known as Little Sister) and Bean
Drop Café tenancies. The application sought to ratify the existing, at the time, unapproved use of
these areas.
Assessment of noise was critical and included review of an acoustic report which had been
submitted by the applicant. The application was initially considered by Council at the 2 February
2016 Planning and Environment Committee Meeting. The officer’s recommendation to the
Committee was that trading hours be limited to midnight and that use of the outdoor dining area
be permitted after 10pm only on Friday and Saturday nights.
Page 7 of 52
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
At its Ordinary Meeting held on 11 February 2016 Council resolved to defer consideration of the
application, at the request of the applicant, allowing them to provide further detail regarding the
use of the outdoor dining areas.
In seeking deferment, the applicant’s key concerns were the conditions recommended by staff
that limited the use of the Village Bicycle’s outdoor areas. They read:
3. The approved use must not operate outside the hours of 5am to 12pm, with use of outdoor
dining area permitted after 10pm only on Friday and Saturday nights.
4. Patrons in the outdoor dining area must be seated and limited to 50.
Council’s Planning and Environmental Health officers met with the applicant on 15 February 2016
and discussed the issues raised in the development assessment report, particularly noise. Staff
reiterated previous advice that they considered the most appropriate way to attenuate patron
noise from the outdoor areas would likely be the partial enclosure of those areas.
The applicant submitted their formal response to the deferment on 5 May 2016 which included
public comments of support from an online “change.org” petition started by the Village Bicycle
(from approximately 1300 people and totalling 90 pages). A petition of support (with
approximately 600 signatures and totalling 47 pages) was also submitted.
When the application was considered at the 16 June 2016 Ordinary meeting the application was
supported and the outdoor dining area was permitted to operate until midnight Friday to Monday.
At this meeting an additional condition was also added which applied a sunset clause. The
purpose of this condition was to allow Council time to consider the development’s compliance
with the approval conditions to ensure the outdoor dining area could operate satisfactorily without
adversely impacting on nearby residential amenity.
A copy of the development approval is included as Attachment 1.
3. SITE DETAILS
The subject site is a 546m2 triangular shaped lot situated at the corner of Bottlebrush Avenue
and Noosa Drive. The site contains a multiple tenancy building which is occupied by Peterpans
adventure travel agent, The Bean Drop café and Little Sister. The site is situated at the extremity
of Business Centre zoned land. The opposite side of Bottlebrush Avenue is zoned Semi-Attached
Housing and contains a mix of duplex dwellings and dwelling units. Nomads backpackers is
situated directly opposite the site in Noosa Drive.
The following image provides a locality plan of the site:
Figure 1: Locality plan
Page 8 of 52
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
The following image details the zoning of the site and surrounding land:
Figure 2: Zone map
Page 9 of 52
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
4. STATUTORY PROCESS
The applicant has requested to make a minor change to a development approval under s78 of
the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
the development would not result in substantially different development as the proposal
does not change the type of use or the extent of outside dining area;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new matters prescribed by regulation;
where the original application was code assessable, the change would not cause the
application to become impact assessable.
5. ASSESSMENT
5.1. 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.
The primary issues which require consideration relate to the potential for the proposed changes
to impact adversely on the amenity of residential properties within proximity of the site. The
following provides an assessment of each of the conditions the applicant seeks to delete.
Condition 3
3. The approved use must not operate outside the hours of 5am to 12pm, with use of outdoor
dining area permitted after 10pm only on Friday to Monday nights inclusive.
Applicant’s Request
Deletion of condition.
Assessment of Request
At the time of the original application a number of noise complaints had been made to the Office
of Liquor and Gaming Regulation (OLGR). The noise complaints predominately related to the use
of the outdoor area.
The relevant provisions within the Noosa Plan regarding noise and amenity are:
Specific Outcome 1 of the Noosa Heads Locality Code:
Amenity
Uses are located, designed and operated to avoid significant adverse changes to the light, air
quality, noise, accessibility, or other conditions enjoyed by users of associated, adjoining or
nearby uses.
Page 10 of 52
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
Specific Outcome 20 of the Business Uses Code.
Noise
Development is designed and sited to avoid noise emissions that unreasonably diminish the
amenity of the area or surrounding uses.
As part of the original application the applicant’s Acoustic Reports were assessed by Council’s
environmental health and planning officers. The principal concern with the applicant’s acoustic
assessment was that it suggested marginal compliance with acoustic levels based on acoustic
modelling. At the time of assessing the applicant’s representations the officer report noted the
following:
The condition as applied sought to strike a balance between the business needs and the amenity
of nearby residents and allowed outdoor operation to midnight on Sundays and Mondays in
addition to the staff recommendation for only Fridays and Saturdays. Notably the previous
assessment of the applicant’s noise reports did not “concede that the proposed use can comply
with noise level limitations” but sought to achieve an acceptable balance, where noise risk
remained.
To assist in the assessment of the current application advice has been sought from OLGR on the
proposed changes. OLGR have advised that:
I can confirm there have been no recent noise based complaints in relation to the outdoor dining
area associated with the Little Sister bar.
Also, that there are existing concerns regarding noise associated with the operational
management of the outdoor dining area / use of neighbouring properties as smoking areas and
patrons congregating to the front of the site and in the road after closing.
With regards to the permit conditions, prior to the planning restrictions, we had ongoing issues
with patron noise that could not be resolved. It appears that the planning conditions coupled with
the acoustic barrier has satisfactorily addressed the issue. However, noise from patrons
gathering on the footpath would not be stopped by the fence, as they are outside of it…..so, it
stands to reason that the planning conditions have played an important part in resolving the
issue.
Verbally OLGR have also advised officers that for these reasons the conditions should not be
changed.
Comment has also been sought from Council’s Environmental Health officers who, whilst
acknowledging that no complaints have been made to Council, have also noted that there is no
proposed change to how patron noise is to be managed. The officer notes that the original
acoustic report suggested an acoustic fence with management interventions to minimise crowd
noise. Whilst the acoustic fence has been constructed the officer maintains concern that patron
management solutions are not reliable and given the proximity of nearby residents increased
hours would not be appropriate.
Due to the amenity based complaints which resulted in the submission of the original application
contact was made with submitters to the original application to inform them of the change
application. As a result of this process feedback was received expressing concern with noise
from the current use of the outdoor area and that the removal of restrictions may result in
increased noise and reduce local amenity.
The site currently has the capacity to operate until midnight four nights a week. Two of the nights
are weekend nights when noise and activity within proximity of the site are generally expected to
be at a peak. Sunday and Monday nights, which would reasonably be expected by nearby
residential properties to be quiet nights, were included to facilitate hospitality industry workers to
attend this business on nights they are not usually working.
Page 11 of 52
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
It is recognised that the site is situated within close proximity of Sunshine Beach Road and other
noise generating establishments such as KB’s at Nomads and the Cornerstone Pub. However,
the siting of the subject venue at the periphery of the Business Centre and opposite residential
zoned and developed properties accentuates the risk attributed to noise associated with the
outdoor dining area. The previous assessment of the acoustic reports and the resultant
implementation of conditions recognised the sensitivity of noise attributed to the outside dining
area. Deletion of the condition as per the applicant’s request would may result in increased noise
on nights which nearby residents would reasonably expect, and currently experience, to be
quieter. The protection of residential amenity is very important and based on the advice of OLGR,
Council’s Environmental Health department and the feedback of nearby residents, extended use
of the outside dining area will have a detrimental effect on this amenity.
It is important to note that the restriction on the use of the outdoor dining area does not impinge
on the hours which the inside bar can be used. The use of the inside area is governed by the
liquor licence which limits the hours of operation until midnight.
The proposed deletion of Condition 3 is likely to have a detrimental effect on amenity contrary to
Specific Outcome 1 of the Noosa Heads Locality Code and Specific Outcome 20 of the Business
Uses Code. Accordingly, the proposed change is not supported.
Correction of error
It has been identified that the current wording of Condition 3 contains an error as it limits the
hours of operation from 5am to 12pm. The correct wording should be 5am to 12am. Accordingly
the Decision Notice for this application will reflect the correct wording.
Condition 7
7. This development permit lapses on 18 August 2018, unless an application is received to
extend the approval. In assessing an extension to the approval, Council will have regard to
any breach details available from the Office of Liquor & Gaming Regulation and any other
relevant matters.
Applicant’s Request
Deletion of condition
Assessment of Request
The condition has limited the time which the approval for the outdoor dining area applies and
provides an opportunity for Council to review the impact of current operations when considering
an application to extend or delete the condition. In this instance the applicant has sought to
delete the condition.
As detailed earlier in this report, advice has been sought from OLGR who confirm that there are
existing concerns regarding noise associated with the operational management of the outdoor
dining area / use of neighbouring properties, as patrons are congregating to the front of the site
and in the road after closing. OLGR have also advised that they are not supportive of increased
operating hours. Nearby residents have also expressed concern with the noise associated with
the use of the outdoor dining area.
It is acknowledged that Little Sister contributes to the vitality of Noosa Junction and provides
economic benefit to the local economy via employment and the use of local products. It is also
recognised that capital has been utilised by the current and previous owners to establish and
maintain the commercial operation on the site, the outdoor dining area being a key part of the
business’s success.
In light of the existing concerns with regards to noise and operational issues, it is recommended
that the applicant’s request to delete this condition be refused.
Page 12 of 52
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
It is recommended that the condition be amended to allow for the continued use of the outdoor
dining area for a further two years and further written consent from Council to continue to use the
outdoor dining area after this time be requested. Consent via written consent will mean that there
is no financial impost by way of an application fee to change the development approval but
permits Council the ability to continue to review the matter.
Therefore, it is recommended that Condition 7 be changed to read:
7. This development permit lapses on 18 October 2020, unless written consent is provided by
Council’s delegate to extend the approval. In assessing an extension to the approval,
Council will have regard to any breach details available from the Office of Liquor & Gaming
Regulation and any other relevant matters.
6. CONSULTATION
6.1. Referral Agencies
The applicant was not required to be referred to any Referral Agencies.
Contact was made with the Office of Liquor & Gaming Regulation whose feedback forms part of
this report.
6.2. Other Referrals
The application was forwarded to the following internal Council specialists:
Environmental Health
7. CONCLUSION & REASONS FOR DECISION
The application seeks to change an existing approval for the use of an outside dining area
associated with the Little Sister bar by removing conditions which limit the hours when the
outside dining area can be used and place an expiry date for when the permit lapses. In light of
advice received from the Office of Liquor and Gaming Regulation, Council’s Environmental
Health officer and feedback from submitters to the original application the proposed changes are
likely to have a detrimental effect on amenity contrary to Specific Outcome 1 of the Noosa Heads
Locality Code and Specific Outcome 20 of the Business Uses Code. Accordingly, the proposed
changes are not supported. The expiry condition is recommended to be amended to require
further written consent from Council in 2 years.
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 Infrastructure Planning,
Design and Delivery
Page 13 of 52
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
ATTACHMENT 1
Page 14 of 52
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
ATTACHMENT 1
ee) NOOSA COUNCIL
Officer: Denis Wallace
Direct Telephone: 07 53296239
Our Reference: MCU15/0086:
Your Reference: N/A
19 August 2016
Village Bicycle
2 Bottlebrush Ave
NOOSA HEADS QLD 4567
Attn. Luke Czajkowskyj / Trevor Aylward
Dear Sirs
Negotiated Decision Notice
Sustainable Planning Act 2009
| refer to your application and the representations you made in respect to the decision notice.
On 18 August 2016, Council decided your representations.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: MCU15/0086
Street Address: 2 Bottlebrush Avenue, Noosa Heads
Real Property Description: Lot 157 RP 88772
Planning Scheme: The Noosa Plan (16 September 2013)
2 DECISION DETAILS
Council on 16 June 2016 decided to issue the following type of approval:
. Development Permit for Material Change of Use of Premises - Entertainment & Dining
Business Type 1 - Food & Beverages
In relation to representations, Council on 18 August 2016 decided to:
A. Agree to change Condition 7.
B. Refuse to change Conditions 3 & 4.
3 ASSESSMENT MANAGER 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.
NOOSA COUNCIL PO Box 141 P. (07) 5329 6500 [email protected]
ABN: 97 969214 121 TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qid.gov.au
Page 14 of 52Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
Page 15 of 52
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
MCU15/0086
Approved Plan
2. Development undertaken in accordance with this approval must generally comply with the
approved plan of development. The approved plan is listed in the following table and may
be further amended by these conditions.
Plan No. Rev. Plan/Document Name Date
AO - SITE PLAN October 2015
Nature and Extent of Approved Use
3. The approved use must not operate outside the hours of 5am to 12pm, with use of outdoor
dining area permitted after 10pm only on Friday to Monday nights inclusive.
4. Patrons in the outdoor dining area must be seated and limited to 50.
5. The outdoor dining areas within the site must be in accordance with those shown on the
approved plan, with no more than 40m? used at any one time.
6. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 7am to 6m Monday to Saturday and not
at all on Sundays or public holidays.
7. This development permit lapses on 18 August 2018, unless an application is received to
extend the approval. In assessing an extension to the approval, Council will have regard
to any breach details available from the Office of Liquor & Gaming Regulation and any
other relevant matters.
Noise
8. External speakers or amplified music are not permitted.
9. Internal amplified music must be directed away from the Bottlebrush Avenue frontage.
10. Refuse disposal, particularly glass bottles and the like, must be considerate of noise at all
times.
11. Management must ensure patrons leave the premises and street frontage promptly after
nightly closing time and do not mingle or otherwise cause noise nuisance to residents on
Bottlebrush Avenue.
12. The development must be undertaken in accordance with the recommendations of the
Acoustic Report prepared by ATP Consulting Engineers (Reference ATP150314-NIA-02)
dated 24 June 2015 and ATP’s addendum letters dated 9 October 2015 and 10 December
2015.
13. The 2.6m acoustic fence recommended by the approved Acoustic Report must be erected
within 3 months of this approval taking effect. The fence must meet the construction
standards required by the approved Acoustic Report.
14. Noise emissions from any new mechanical equipment associated with the development
shall comply with the following requirements:
14.1 Air-conditioning and Refrigeration
e 7am to 10pm: Background + 5dB(A)
e 10pm to 7am: Background + 3dB(A)
15. Written certification must be submitted from a suitably qualified person confirming noise
levels from any new mechanical equipment comply when measured at either the
residential boundary or outside the most exposed part of an affected building, whichever
is the closest to the equipment.
Page 15 of 52Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
Page 16 of 52
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
MCU15/0086
The assessment and certification is required immediately after installation of the
equipment and in a format approved by Council. All equipment should be operating at the
same time to test the overall noise level created.
Advice: It is highly recommended the person you engage to certify the installation is
involved prior to installation of any equipment so they can recommend where equipment
is best located. They can also advise about noise enclosures and make other suggestions
to avoid noise problems. It is a lot more costly to try and deal with noise problems after
installation.
Landscaping
16. Dense native screening shrubs up to 3m in height must be established on the Bottlebrush
Avenue side of the new acoustic fence for its full length to visually screen the fence.
Refuse
17. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
4 REFERRAL AGENCIES
Not Applicable.
5 ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
Equitable Access and Facilities
1. The plans for the proposed building work have NOT been assessed for compliance with
the requirements of the National Construction Code - Building Code of Australia (Volume
1) as they relate to people with disabilities.
6 PROPERTY NOTES
Not Applicable
7 PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
8 FURTHER DEVELOPMENT PERMITS REQUIRED
Not Applicable
9 SELF ASSESSABLE CODES
The following codes for self-assessable development related to the development approval
issued under this Decision Notice must be complied with.
e Advertising Devices Code
10 SUBMISSIONS
Not Applicable
11 REASONS/GROUNDS FOR APPROVAL
Not Applicable
Page 16 of 52Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
Page 17 of 52
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
MCU15/0086
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
the Sustainable Planning Act 2009 is attached.
13. OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available
on line at www.noosa.qid.gov.au, or at Council Offices.
DECISION NOTICE HISTORY
Original Decision Notice — 16 June 2016
Negotiated Decision Notice — 18 August 2016, with an
amendment to condition 7.
Yours faithfully
Kerri Coyle
Manager Planning & Environment
Enc: Appeal Rights
cc: Unitywater
Page 17 of 52Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
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aSection 19
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
3 MCU18/0019 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE
FOR MULTIPLE HOUSING TYPE 3 - RETIREMENT & SPECIAL NEEDS (90 BED AGED
CARE FACILITY) AT 52 - 62 GOODCHAP STREET AND 3 - 11 VAL CRESCENT,
NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Environment and Sustainable Development Department
Index ECM / Application / MCU18/0019
Attachments 1. Proposal Plans (Note: 13pg attachment provided separately to this report)
APPLICATION DETAILS
Applicant Arcare Pty Ltd
Proposal Material Change of Use - Multiple Housing –Type 3 Retirement &
Special Needs (90 bed aged care facility)
Properly Made Date 2 February 2018
Information Request Date 2 March 2018
Information Response Date 23 May 2018
Decision Due Date 18 October 2018
Number of Submissions 104 properly made - (96 objecting & 8 supporting)
5 not properly made
PROPERTY DETAILS
Property Address 52 - 62 Goodchap Street, Noosaville
and
3 - 11 Val Crescent, Noosaville
RP Description Lot 4 - 9 RP 138011
and
Lots 13 - 17 RP 151414
Land Area Combined lots of 6,741m²
Existing Use of Land 9 dwelling houses and 2 vacant lots
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Detached Housing
Overlays Natural Hazards Overlay - Potential Acid Sulphate Soils Area
Assessment Type Impact
Page 19 of 52
Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 9 October 2018 regarding Application No. MCU18/0019 for a
Development Permit for Material Change of Use - Multiple Housing –Type 3 Retirement &
Special Needs (90 bed aged care facility) situated at 52, 54, 56, 58, 60 & 62 Goodchap Street &
3, 5, 7, 9 & 11 Val Crescent, Noosaville 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
A-DA-01.01 D Site Plan, prepared by Elevation Architecture
A-DA-03.01 K Basement GA Floor Plan, prepared by Elevation Architecture
A-DA-03.02 K Basement GA Floor Plan, prepared by Elevation Architecture
A-DA-03.03 I Level 1 GA Floor Plan, prepared by Elevation Architecture
A-DA-04.01 F Roof Plan, prepared by Elevation Architecture
A-DA-09.01 G Elevations Plan, prepared by Elevation Architecture
A-DA-10.01 G Site Sections, prepared by Elevation Architecture
A-DA-10.02 F Site Sections (Sheet 02), prepared by Elevation Architecture
A-DA-22.01 G Goodchap Street (south), prepared by Elevation Architecture
A-DA-22.02 E Goodchap Street (east), prepared by Elevation Architecture
A-DA-22.03 E Porte Cochere (Goodchap St), prepared by Elevation Architecture
A-DA-22.04 G Goodchap Street (north), prepared by Elevation Architecture
A-DA-22.05 G Val Crescent (north), prepared by Elevation Architecture
A-DA-22.06 G Val Crescent (west), prepared by Elevation Architecture
A-DA-22.07 F Val Crescent (south), prepared by Elevation Architecture
3. The Approved Plans must be amended to incorporate the amendments listed within
this Decision Notice and resubmitted to Council prior to the issue of any Development
Permit for Operational Works.
Nature and Extent of Approved Use
4. The ‘café’ must be used for residents and their guests only and not be for general
public use. No external signage advertising the café is permitted.
Building Height
5. The maximum height of the development must not exceed 8 metres above the
finished ground level and the natural ground surface except for the lift overruns and
the centrally located skillion roof eaves which must not exceed the height indicated
on the approved plans and not exceed 8.8m above the natural ground level.
Page 20 of 52
Section 21
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
6. The maximum height of the development must be 2 storeys. A 0.75m wide garden
must be provided for the full length of the plant room wall near the driveway to a
height of a minimum of 1m below the ground floor so as to not constitute a storey
pursuant to The Noosa Plan. Amended plans must be submitted to Council prior to
the issue of an operational works approval demonstrating compliance with the
maximum height.
7. Certification must be submitted to Council from a Licensed Surveyor which certifies
that the building does not exceed the maximum height requirements of this Decision
Notice.
Performance Bond
8. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to the pre-start meeting. The cash bond or trading bank guarantee will
be returned on performance of the conditions of approval less any costs incurred by
Council in respect of enforcing performance of this permit. Council reserves the right
to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
9. The street address of the development must be clearly visible and discernible from
the primary frontage of the site by the provision of a street number and, where
appropriate, the building name.
Building Appearance
10. External finishes must consist of a mix of materials in accordance with the approved
plans.
11. All air conditioning units or other mechanical equipment must be fully enclosed or
screened such that they are not visible from the street frontages or adjoining
properties.
Protection of Privacy
12. To ensure privacy is protected between adjoining properties all windows and glass
doors located on the upper level of the southern building face must either:
have a minimum window sill height or 1.5 metres above floor level
be fitted with translucent glazing
be fitted with a fixed external screen
ENVIRONMENTAL HEALTH
Amenity
13. 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, air-borne hazards, atmospheric pollutants (including dust or
odours) nuisance or any other emissions in accordance with the nuisance provisions
of the Environmental Protection Act 1994.
Page 21 of 52
Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
Noise Nuisance
14. Noise emission from mechanical equipment must comply with the following
requirements:
Air-conditioning, refrigeration, fans including mechanical exhaust
fans/ventilation, plant rooms and refuse compactors:
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
15. Submission of written certification from a suitably qualified person confirming that the
noise levels from all mechanical equipment comply with the noise requirements of
this Decision Notice when measured at either the residential boundary or outside the
most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the
equipment and prior to any occupation of the building, and in a format approved by
Council. All equipment should be operating at the same time to test the overall noise
level created.
Kitchen Exhaust
16. Kitchen exhaust points for the development must be located and operated in
accordance with Australian Standard AS1668.2-2002 “The use of ventilation and air-
conditioning in buildings” (specifically Section 5.10 – Air Discharges).
17. The development must be constructed with reticulated ducting inside the building to
transfer kitchen exhaust fumes to a discharge point on the roof.
18. Submission of written certification must be provided from a suitably qualified person
confirming that the kitchen exhaust is constructed, installed and is operating in
accordance with Australian Standard AS1668.2-2002.
The assessment and certification is required immediately after installation of the
equipment and prior to any occupation of the building, and in a format approved by
Council.
Service Vehicles
19. Deliveries to the site must be between 7.00am and 6.00pm Monday to Saturday and
not permitted on Sunday or public holidays.
Building Demolition/Removal/Relocation
20. Where the development involves the removal, relocation or demolition of a building, a
Waste Management Plan (construction and demolition) in accordance with Planning
Scheme Policy 11, Waste Management Plans must be submitted and approved by
Council’s Environmental Health Officer prior to issue of a development permit for
operational works for demolition, removal or relocation of any building other than a
shed.
The purpose of the Waste Management Plan is to facilitate the segregation of waste
for the effective reuse and recycling of such materials. Segregated wastes attract
significantly reduced disposal fees at the landfill with some items free. Higher gate
fees are charged for mixed waste.
Waste storage areas must provide adequate separation of all reusable, recyclable
and waste materials. These must be located so that they are convenient and safe to
use.
Page 22 of 52
Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
The Plan must contain the following information:
The site area for the storage and separation of waste is to be shown on the
plan drawings accompanying the application
A waste management table as indicated below is to be completed showing how
waste material is to be segregated - recycled – reused or disposed.
Table – Waste Management Table
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected Estimated On-site Off-site *specify contractor
waste volume(m³) *specify proposed *specify and landfill site or
materials re-use or on-site contractor and other disposal site
recycling methods recycling outlet
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals -
please specify
Asbestos
Other - please
specify
Note * If a demolition contractor is undertaking works, then the Waste Management
table is to be completed by the demolition contractor.
Waste Storage & Disposal
21. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy 9, Waste Management, including an external imperviously
paved area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties.
22. Waste collection services are limited to between 6.30am and 6.30pm Monday to
Saturday and not permitted on Sunday or public holidays.
Outdoor Lighting Devices
23. Lighting associated with the use must be designed, sited, installed and tested to
comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the
obtrusive effects of outdoor lighting” using a control level of 1.
24. Certification must be submitted to Council from a qualified person which certifies that
all outdoor lighting devices comply with the requirements of this Decision Notice at
the time of commissioning.
For the purpose of certifying outdoor lighting devices for the development, a qualified
person is:
a Registered Professional Engineer of Queensland;
an environmental or electrical design consultant with a minimum of 3 years
current experience in the field of outdoor lighting.
Page 23 of 52
Section 24
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
LANDSCAPING
25. The development site must be landscaped in accordance with Planning Scheme
Policy PSP 3 – Landscaping Plants and Guidelines and an Operational Works
approval and must include in particular:
any boundary fencing must be setback a minimum of 1m from the boundary
and/or covenant areas. The area of land between the boundary or covenant
areas and the fence must be densely landscaped to screen the fence from the
street. The landscaped area must include 1 feature tree every 3m;
dense landscaping must be provided along the southern boundary to effectively
screen the development from the adjoining residential dwellings;
dense landscaping must be planted for the full frontage of Val Crescent to
screen the development. The plantings must include a mix of low, medium and
tall shrubs and trees and in particular;
i. include 12 x 100 litre native tree species along the Val Crescent frontage
between the driveway and the southern boundary of the site. Proposed
species must be submitted for operational works approval;
shrubs and trees along the Goodchap Street frontage must have a minimum
pot size of 200mm and must include 5 feature trees with a pot size of 100 litres
1 feature tree each side of the porte cochere
provision of 1 street tree with a pot size of 100 litres for every 8 metres of
frontage
provide a survey plan prepared by a suitably qualified person which identifies
the mature trees on site and their possible retention in particular the trees near
the site boundaries.
the large eucalypt tree near the proposed driveway in Val Crescent must be
retained. In this regard, an arborist report outlining measures to maintain the
health of the tree during the design, construction and operational phase of the
development must be submitted for operational works approval
any vegetated water quality treatment system must be located to allow for
landscape screening of the development.
ENGINEERING
External Works
26. Goodchap Street and Val Crescent must be upgraded for the length of their frontage
to the subject site. The works must be undertaken in accordance with an Operational
Works approval and must include in particular:
reconstruction of any damaged kerb and channelling;
construction of pedestrian footpaths in accordance with the conditions of this
Decision Notice;
removal of the existing property accesses and reinstatement of the kerb,
footpath and verge area to match the balance of the site frontage, including the
provision of topsoil and turf where the existing verge is grassed;
relocation/reinstatement of existing on-street parking bays required as a result
of development works;
linemarking for any potential additional on street parking spaces.
This Condition is imposed pursuant to s665 of the Planning Act 2016 being non-trunk
infrastructure and s646 being necessary trunk infrastructure identified by Council’s
LGIP to service the development.
Page 24 of 52
Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
27. The existing formation in Val Crescent must be upgraded from the existing formation
in Goodchap Street and extending to the tangent point in the kerb line adjacent to the
northern boundary of No 3 Val Crescent. The works must be undertaken in
accordance with an Operational Works approval and must include but not be limited
to:
works designed and constructed in accordance with Council’s Planning
Scheme Policy PSP 5 – Engineering Design Standards – Roads, Drainage and
Earthworks (section 3.19(d) – Industrial/Commercial – Local road);
the full width of the formation in Val Crescent;
reinstatement of existing linemarking.
This Condition is imposed pursuant to s665 of the Planning Act 2016 being non-trunk
infrastructure and s646 being necessary trunk infrastructure identified by Council’s
LGIP to service the development.
Bus Stop relocation
28. The bus stop and associated infrastructure must be relocated in accordance with
Translink’s requirements. These works must also include the installation of a new
shelter in accordance with Council’s standard drawings. In this regard please note
that Council has a contract with a 3rd party to manufacture and install bus shelters.
The developer must:
carryout adjustment works to the kerb line and/or road linemarking along the
new bus stop bay as necessary to achieve compliance with the applicable
standards for cycle lanes requirements. The works must be included as part of
the Operational Works application.
liaise with the bus shelter manufacturer/installer and create all necessary
conditions for their works (i.e. concrete slab, etc.);
advise Council of timing for the installation of the bus shelter and report as soon
as possible any changes to the programme.
This condition is imposed pursuant to s646 of the Planning Act 2016 being necessary
trunk infrastructure identified by Council’s LGIP to service the development
29. Written approval from Translink’s Temporary Closures Team must be provided as
part of the Operational Works application, confirming that the application for impact to
the public transport bus network has been accepted and complies with DTMR’s
“Industry Guideline: A guide to managing public transport impacts”.
Site Access and Driveways
30. Sealed access driveways must be provided from Goodchap Street and Val Crescent
to all parking and manoeuvring areas of the development. The works must be
undertaken in accordance with an Operational Works approval and must include in
particular:
driveway crossovers generally in accordance with Council’s standard drawing
RS-051
suitable safety measures, including warning signage, to improve driver
awareness of pedestrians and enhance pedestrian safety. Warning signage
must be provided near the exit driveways to warn motorists of pedestrian
movement along the frontage street
Page 25 of 52
Section 26
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
Car Parking
31. A minimum of 53 car parking spaces must be provided and marked on the site and
made available and accessible at all times while the use is open for business. The
works must be undertaken in accordance with an Operational Works approval and
must include in particular:
53 visitor and staff parking spaces within the total, which are clearly marked for
that purpose and accessible at all times for visitor use
1 disabled parking space within the total
1 space for an emergency vehicle
crossfalls, dimensions and gradients in accordance with Australian Standard
AS2890: Parking Facilities
32. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
33. Directional signage must be provided to direct visitors and customers to the car
parking spaces provided on site.
Paving Treatment of Vehicle Movement Areas
34. Alternative materials, patterns, or threshold treatments must be used to articulate the
pavement treatment of vehicle movement areas.
Service Vehicles
35. Service vehicle parking, manoeuvring and standing spaces must be provided on the
site. The works must be undertaken in accordance with an Operational Works
approval.
Pedestrian and Bicycle Facilities
36. Pedestrian and bicycle facilities must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and must
include in particular:
a 2.0 metre wide concrete footpath within the road verge for the entire length of
the site’s frontage to Goodchap Street including a new pram ramp at the
intersection with Val Crescent
a 1.5 metre wide concrete footpath within the road verge for the entire length of
the site’s frontage to Val Crescent. This path must be widened to 1.8m where
not constrained by services or vegetation in the road reserve.
adequate separation of all specific pedestrian routes from vehicle access and
manoeuvring areas, and clear demarcation by pavement marking, signposts or
changes in surface materials or levels
signage and lighting at strategic locations to direct people to building entries
and public toilet facilities
A pram crossing at the southern end of the path in Val Crescent
Joining smoothly to existing paths, services and verge areas
10 bicycle spaces provided in accordance with AS2890.3 Bicycle Parking
Facilities; and AUSTROADS Guide to Traffic Engineering Practice, Part 14 –
Bicycles, Section 10.
end of trip facilities of one locker per two bicycle space and one shower cubicle
with ancillary change room per 10 bicycle spaces or part thereof.
Page 26 of 52
Section 27
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
Condition a is imposed pursuant to s646 of the Planning Act 2016 being necessary
trunk infrastructure identified by Council’s LGIP to service the development.
Condition b is imposed pursuant to s665 of the Planning Act 2016 being non-trunk
infrastructure.
Stormwater Drainage
37. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval that is issued only where the Operational Works application
demonstrates the following in particular:
Stormwater quantity managed as described in section 4 of the Site Based
Stormwater Management Plan for Knowles Group Proposed Aged Care Facility
at Goodchap Street by Empire Engineering Revision B dated 3 May 2018, with
the exception of the following:
i. a stormwater quality treatment system designed in accordance with a
MUSIC model prepared in accordance with the Water By Design
Guidelines which demonstrates that pollutant reduction targets of 90%
reduction in Gross Pollutants, 80% reduction in Total Suspended Solids,
60% reduction in Total Phosphorous and 45% reduction in Total Nitrogen
can be achieved.
ii. To satisfy Section 4.8 of the MUSIC modelling Guidelines, the nodes
provided in the MUSIC model for any proprietary stormwater quality
treatment device must be verified by Stormwater Australia as achieving
the pollutant reduction and design parameters attributed to the node
included in the MUSIC model. Where Stormwater Australia is unable to
endorse the node for the proprietary stormwater quality treatment device,
the industry accepted bioretention basin node must be provided in the
MUSIC model, and redesign of landscaping layout to incorporate any
required bio retention device must be provided.
38. All vegetated stormwater quality treatment devices must be:
designed consistent with the Bioretention Technical Design Guidelines (Water
by Design, 2012); and
maintained in accordance with the Water by Design (2009) - Maintaining
Vegetated Stormwater Assets (Version 1). A copy of this document must be
retained on the site together with the approved Operational Works drawings for
the stormwater quality treatment system and a detailed life cycle costing of the
system attached as an addendum. Records of all maintenance activities
undertaken must be kept and made available to Council upon request.
39. Any proprietary stormwater quality treatment devices must be routinely checked,
serviced and cleaned in accordance with the manufacturer’s recommendations.
Records of all maintenance activities undertaken must be kept and made available to
Council upon request. Where replacement cartridges or other necessary components
for the system become unavailable, an alternative system is required to be retrofitted
into the development to achieve an equivalent pollutant reduction outcome.
40. Any Site Operator Management Strategy must include the Water by Design (2009) –
Maintaining Vegetated Stormwater Assets (Version 1) document and/or maintenance
manual for the proprietary device as appropriate and must include the full cost of
maintaining the system in accordance with that document.
Page 27 of 52
Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
41. Where proprietary devices are endorsed as part of the Operational Works Approval, a
copy of a signed supply agreement between the body corporate/site operator and the
stormwater filtration system supplier for the maintenance of the proprietary devices
must be provided to Council prior to the pre-start meeting for the development. The
supply agreement must be for at least 10 years.
Acid Sulfate Soils
42. All works must be carried out in accordance with an Acid Sulfate Soil and
Groundwater Management Plan for the development prepared by a qualified person*
and provided in the application for the Development Permit for Operational Works.
43. All waters, including stormwater runoff, groundwater seepage and leachate from acid
sulfate soils must achieve the following quality prior to release from the site:
a pH range of 6.5-8.5 pH units;
50mg/L maximum total suspended solids concentration;
0.3mg/L maximum total iron concentration;
0.2mg/L maximum total aluminium concentration;
no visible plume at either the point of release from the site or within a waterway.
44. The basement must be designed and constructed as a water excluding structure in
accordance with Australian Standard AS3735 “Concrete Structures for Retaining
Liquids” to ensure groundwater does not enter the basement after construction is
completed.
45. All treated material must undergo verification undertaken by a qualified person* using
the SPOCAS or Chromium Reducible Sulphur testing suite, and the results must be
submitted to Council for appraisal.
46. The application for Operational Works must demonstrate that continual dewatering of
groundwater’s will not occur as a result of groundwater movement along any bedding
material associated with pipes and around the basement of the development.
Electricity and Telecommunication Services
47. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
48. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and
all applicable legislation at the time of construction.
Easements/Covenants
49. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.
50. All easements must be designed in accordance with the planning scheme and
granted at no cost to the Grantee. Where the Grantee is Council or a service
authority, the easement documentation must be in accordance with the Grantee’s
standard easement terms. Draft easement documentation must be submitted to
Council for endorsement.
51. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Page 28 of 52
Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
52. Covenants for the preservation of sight lines distances must be created at the
intersection of Goodchap Street and Val Crescent and at the bend in Val Crescent.
The covenant areas must be generally in accordance with the QTraffic plan SK.01A
in the report dated 3 August 2018, and as modified in red by Council in the reference
documents. The covenant must be in favour of Council and the terms must include
but not be limited to:
No structures or fencing
No landscaping other than grasses, excluding the existing gum tree
The areas to be maintained at all times by the property owner.
Earthworks and Retaining Walls
53. All earthworks and associated batters must be undertaken in accordance with an
Operational Works approval, and contained entirely within the subject site (both
above and below ground) unless written permission from the respective landowner(s)
is provided to Council.
54. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All
retaining walls that are publicly accessible and exceed 1.0m in height must be fitted
with a commercial grade safety fence.
Preparation of a Preliminary Construction Management Plan
55. A preliminary Construction Management Plan must be submitted with the Operational
Works application and must address the following:
traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of
Uniform Traffic Control Devices (MUTCD) detailing all temporary signage
and traffic control measures prior to construction
ii. maintenance of safe pedestrian access for the areas affected by the
works during and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of the
development
iv. approval of the Traffic Management Control Plan by the Department of
Transport and Main Roads (DTMR) for any works on State controlled
roads
v. provision for worker car parking
maintenance and protection of water quality and existing drainage lines through
the construction site, through the implementation of appropriate erosion and
sediment control measures
works programme identifying key components of the works and their respective
durations
establishment of a communication protocol with the general public, adjoining
owners, emergency services and local businesses to advise of agreed
construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
i. contact details for the on-site manager
iii. dispute resolution procedures
Page 29 of 52
Section 30
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details on the location of external fill/dump sites, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. NB any
damage to the existing road system as a result of haulage operations shall be
fully repaired at the applicant’s expense
it is acknowledged that the preliminary Construction Management Plan will be a
draft document requiring finalisation upon appointment of the Principal
Contractor employed to construct the works and a final document will be
required to be submitted at the Pre-Start Meeting for the project.
Damage to Services and Assets
56. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
where otherwise, upon completion of the works associated with the
development.
57. 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. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. There is a significant need for aged care facilities within the Noosa region and the
proposal will in part satisfy this need.
2. The use is compatible with surrounding residential uses and will not significantly
impact on the amenity of the area. Further conditions are proposed to mitigate and
address any potential amenity impacts.
3. The proposal being low rise and articulated with a variety of external finishes will sit
reasonably well within the streetscape without being overly dominant.
4. The proposal provides extensive landscaping to the Val Crescent frontage to screen
the development from the street.
5. There are limited opportunities of appropriately zoned land for the development of
aged care facilities and overall the proposal is a good response for this site,
considering the Noosa Hospital opposite and Goodchap Street medical centre
nearby.
6. The applicant has demonstrated that vehicles can enter and exit the Val Crescent
driveway safely.
7. The development will not adversely affect the broader road network.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
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REPORT
1. PROPOSAL
The application seeks a Development Permit for a Material Change of Use of Premises to
establish a 90 bed aged care facility. The proposed use is defined under The Noosa Plan as
Multiple Housing Type 3 – Retirement and Special Needs. The development is proposed to be
located over 11 existing Detached Housing zoned lots opposite the Noosa Hospital.
The building comprises 2 storeys and basement.
Setbacks proposed are -
to Goodchap Street - between 6.1m and 13.5m except for the roof of the porte cochere
which is setback 2.4m
to the northern part of Val Crescent – 9.2m to 29m
to the western part of Val Crescent – 6.1m to 15m & 33m to the narrower building
connection between the north and south wing.
A recessed courtyard for sensitive care residents is located in the southern wing. The roof form
includes a 5 degree and 8 degree skillion roof with a centrally located flat roof where photovoltaic
solar panels and lift overruns are proposed. Some centrally located eaves and the lift overruns
measure up to 8.8m above the natural ground level. The external finishes consist of a variety of
material including:
feature stone cladding
weatherboard
vertical cladding
timber cladding
feature timber
rendered finish
Colorbond roof
glass balustrading to Goodchap Street frontage.
The basement includes 53 car parking spaces, emergency vehicle space, kitchen, laundry,
storerooms, communication rooms, office, stormwater detention and water reuse tanks, battery
store and other ancillary spaces.
The ground level essentially consists of a northern and southern wing connected by a narrower
central area where a reception, administration, meeting and ancillary spaces are located. To the
west of this area, access is provided to a large terrace area with raised garden beds, pergola and
outdoor seating and to the east, the porte cochere. This level includes 41 beds including 20
sensitive care beds in ensuited rooms, each room generally around 25m².
Level 1 provides for 49 beds in mostly similar sized rooms to the ground floor except for a few
larger accessible rooms. All rooms are provided with small covered balconies. The narrower
central connection area provides for sitting, dining and lounge areas and a theatre.
Extracts from the architectural perspectives are shown in Figures 1 – 6 below. Full architectural
plans are included in Attachment 1.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
Figure 1 – Goodchap St 3D perceptive
Figure 2 – Goodchap St 3D perceptive
Figure 3 – Goodchap St 3D perceptive
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Figure 4 – Val Crescent 3D perceptive
Figure 5 – Val Crescent 3D perceptive
Figure 6 – Val Crescent 3D perceptive
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A U shaped driveway and porte cochere is located off Goodchap Street for emergency vehicles
and drop off and pick up of residents, taxis and the like. Access for service deliveries, visitors and
staff parking is located in Val Crescent between the Goodchap Street roundabout and the first
corner in Val Crescent.
The operator advises typical shift times for the facility would be:
Day shift: 7am – 3pm,
Afternoon / evening shift: 2:45pm – 10:30pm,
Night shift: 10:15pm – 7am.
It is advised that between 30 – 35 staff would be on site during the main 7am to 3pm shift with
staff numbers reducing in the 2:45pm to 10:30pm and night shift and further reduced on the
weekends.
Landscaping is proposed around the perimeter of the site, including screening trees and shrubs,
but due to the construction footprint, it is unlikely the retention of any mature trees on the site,
except for 1 mature eucalypt which is located close to the northern part of Val Crescent.
The proposal incorporates sustainable building design features such as stormwater capture,
treatment and reuse for landscaping and toilet facilities, photovoltaic solar array and batteries for
power storage. The design has also maximised the northerly aspect, flow through ventilation and
wide eaves to the west.
The application material includes specialist reports and supporting documents comprising:
Town Planning Report, prepared by Project Urban
Site Based Stormwater Management Plan, prepared by Empire Engineering
Traffic report, prepared by Empire Engineering
Economic Impact Assessment, by prepared by Sister City Partners
Need Assessment, prepared by Project Urban
Noise Assessment Report, prepared by RoadPro Acoustics
The application is before Council due to the significance of the proposal and the conflict with The
Noosa Plan.
2. SITE DETAILS
2.1. Background
An application MCU15/0122 for Commercial Business Type 2 – Medical and Retail Business
Type 2 – Shop was refused by Council on 18 August 2016 on the following grounds:
The development conflicts with the South East Queensland Regional Plan’s Desired
Regional Outcome for employment because it detracts from future development at the
Noosa Business Centre.
The development conflicts with The Noosa Plan’s provisions for the Detached Housing
zone and is a significant departure in use type, scale and intensity of development intended
for the site and would impact on the residential amenity of the area and streetscape of
Goodchap Street and Val Crescent.
The development conflicts with The Noosa Plan’s provisions that seek to ensure new
commercial development is located at Noosa Business Centre and other existing business
centres in Noosa and would impact on development at those centres.
The development of medical uses in unplanned areas is likely to undermine the long term
viability of the Noosa Business Centre as the Noosa’s principal business centre and focus
for business and employment growth.
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The applicant has not demonstrated significant need exists for the development at the
subject site.
The development’s vehicle access and maneuvering provisions are inadequate and would
cause impacts on the local road network.
The development would use spare capacity within the local road network, which is
undesirable.
The applicant has not demonstrated sufficient grounds exist to overcome the
development’s statutory planning conflicts.
It should be noted the above application was over 7 of the 11 lots subject of this application.
2.2. Site Description
The site comprises 11 existing Detached Housing zoned lots fronting Goodchap Street and Val
Crescent totalling 6,741m2 in area. The site is roughly rectangular shaped and has frontages of
approximately 115m to Goodchap Street and 160m to Val Crescent. The land slopes moderately
from Goodchap Street west toward Val Crescent, with a total fall of around 3.5m across the site.
Nine of the 11 existing residential allotments contain a detached house and 2 are vacant.
Currently, 3 driveway accesses have been created off Goodchap Street and 6 others are via Val
Crescent.
The site contains a mixture of native and exotic trees, shrubs and palms, most of which are
garden plantings. Significant trees on the site include a number of scattered mature gum trees
but the vegetation is not mapped under The Noosa Plan’s Biodiversity Overlay or State mapping.
Figure 7 below shows an aerial of the subject site.
Figure 7 – Locality plan
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2.3. Surrounding Land Uses
The Noosa Hospital is opposite the site across the 40m wide Goodchap Street road corridor. To
the north and west across Val Crescent are detached houses and further to the west is Lake
Doonella. To the south the site directly adjoins 2 detached houses.
The area’s zonings under The Noosa Plan is shown in Figure 8 below.
Figure 8 – Zoning Plan
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
raises no issues relevant to the proposed development.
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South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is consistent with the assessment benchmarks contained in the Planning
Regulation 2017.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and is zoned Detached Housing. The
proposed residential aged care use is identified as inconsistent within the zone and required to
follow an impact assessable application process.
Locality Provisions
Development sought in Noosaville’s Detached Housing zone is predominantly detached
dwellings and ancillary uses and structures associated with private residences. The Overall
Outcomes for the zone are stated as:
11.7.2 (nn) For the Detached Housing Zone—single detached housing prevails which
maintains—
i low rise, low density development form;
ii a high level of residential amenity consistent with the varied character of the
locality’s residential neighbourhoods;
iii allotment sizes and densities which are consistent with the character of the
particular neighbourhood;
iv building styles befitting the character of the locality and the regional climate,
and which respond to, and are integrated with, natural site characteristics
including native vegetation;
v various styles and eras depicting a cross section of architectural development
and the history of Noosaville; and
vi landscaping amongst buildings, retaining trees and vegetation wherever practical;
For new development the Code seeks the following overall outcome:
11.7.2 (a) New uses and works are located, designed and managed to—
i be compatible with other uses and works;
ii maintain the safety of people and works;
iii avoid significant adverse impacts on the amenity enjoyed by users of other
premises, including acoustic and visual qualities; and
iv avoid significant adverse effects on the natural environment, including native
habitat removal, fragmentation and attrition;
The proposal can be said to address the overall outcomes, in part, in so far as it:
is a residential use;
is low rise;
provides generous building setbacks to Val Crescent;
provides good side boundary setbacks to adjoining residential properties;
provides articulation and variation;
is Noosa style architecture;
positions the porte cochere to Goodchap Street away from the majority of residences in Val
Crescent;
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accesses the basement from Val Crescent within 25m of Goodchap Street to
reduce/minimise traffic impacts on the majority of residents in Val Crescent; and
provides landscaping to the perimeter of the site with generous landscaping setbacks
particularly to the majority of the western part of Val Crescent.
Notwithstanding the above points, the building is a departure from the scale, character and
intensity of development anticipated in the zone.
The table below summarises the development’s level of compliance with the built form provisions
for development in the Detached Housing zone and also provides a level of comparison of the
proposal to development anticipated in the Detached Housing zone.
Criteria Planning Scheme provisions for Proposal Complies
Detached Housing zone
Site Area 6741m²
Gross floor area No maximum prescribed for the 5055m²
or Detached Housing Zone.
Indicatively, up to 0.8:1 based on 0.75:1
max. site cover for detached
Plot ratio
dwellings
Site cover 50% max. Ground Floor 40%
30% max. Upper Floor
OR
40% for all storeys
Landscaped open Min. 20% soft landscaping required 1851m² = 29% landscaping
space where a detached house comprising
Min. 10 - 15% in Noosa’s 26% soft landscaping area
commercial and community zones. plus approx. 15% outdoor
paved areas
Building height
storeys 2 storeys max 3 storeys and basement X
metres 8 metres 8.8 metres X
Roof form 5 degrees to 75% of the roof area 5 degrees to 66% of roof X
area
Eaves to 75% of the perimeter of 95%
the building
Boundary setbacks
Frontage to 6 metres 6.1m – 13.5 metres
Goodchap Street 3m to pergola (garden X
(approx. 115m) architectural/structures)
2.4m (porte cochere) X
Frontage to Val 6 metres 9.2m (near Goodchap St)
Crescent (approx. 20m approx. (to basement
160m) entry)
6.4m – 30m to the western
part of Val crescent.
9m average approx. to the 2
wings
Side (south side) 1.5 - 2.0 metres min 3.2m
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The development’s primary non-compliance with built form provisions relates to building height in
metres and storeys, roof pitch and the porte cochere and pergolas encroaching into the
Goodchap Street setback. Bulk and scale is also important to the assessment.
Building height
Height in metres - the proposed building height encroachment is to the 2 lift overruns and eaves
which are centrally located and therefore are unlikely to be seen from the street nor cause
overlooking or shadowing of neighbouring properties. Furthermore, the development would not
create any additional overshadowing or overlooking of the 2 adjoining residential properties to the
south. The proposal is compliant in height along this elevation and setback 3.2m with the setback
greater than that required for a 2 storey detached house. There are some windows on the upper
level of the proposal which are setback more than 18m from the subject boundary but are
unlikely to cause any overlooking, given the separation.
Height in storeys - a small section near the entry to the basement technically does not constitute
a basement as the plans do not indicate the natural ground level to be reinstated; refer to Figure
9 below. Although this wall would be partially hidden by topography and landscaping, a condition
could be included which requires a garden provided at the natural ground level along the subject
wall which would ensure the basement is compliant and resulting in a 2 storey development. It
should be noted a garden would not interfere with vehicle maneuvering paths and would still
allow for the plant room to ventilate.
Figure 9 – Showing the cause of the 3 storey portion of the development
Roof pitch
The flat centrally located roof provides for photo voltaic solar panels and lift overruns. The flat
roof would not be seen from the street. The building presents with a pitched roof with
architectural overhangs except for near the porte cochere. The area near the porte cochere is
articulated and uses a variety of external finishes which provides interest to this part of the
Goodchap Street elevation.
Setbacks
The porte cochere defines the entry and would be used for emergency vehicles, pickup and drop
off of residents, and used by taxis and the like. The porte cochere is not intrusive, is human scale
being 4.5m in height and proposed in a landscaped setting as seen in Figure 10 below. It is
considered the porte cochere would contribute positively to and not dominate the streetscape.
The pergola’s provide some shading and architectural interest also to the development.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
Figure 10 – The porte cochere
Site Cover and plot ratio
Importantly, even though the overall site cover and plot ratio comply (when compared with
detached housing), the proposal is still larger in scale than nearby houses and what would be
anticipated for the site. Also, the proposal does not provide the individual scale that 11 detached
houses represent.
To address this scale, the proposed built form is well articulated, provides roof overhangs, uses a
variety of external materials and provides good building setbacks to adjoining residences and is
well separated to Val Crescent and the majority of surrounding residences. Furthermore, the
proposal is 2 definite wings connected by a narrower section which is setback 13.5m from the
Goodchap Street boundary and approx. 21m from Val Crescent, which effectively breaks up the
built form. Figure 11 below shows the building shape.
Figure 11 – The mauve outline provides clarity of the building shape.
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While a large scale building, the proposal is well designed and is likely to sit within the
streetscape without excessively dominating the streetscape or negatively impacting on nearby
residences.
The Overall Outcome also seeks that new uses are compatible with other nearby uses. The
primary use proposed is residential aged care which is a residential use and considered
compatible with the surrounding detached houses. However, given the level of care, there is a
commercial component relating to matters such as additional waste collection, service deliveries,
light spill, noise and traffic which residents may not normally be subject to in a Detached Housing
zone. These matters are assessed in more detail against the relevant engineering codes below in
the body of this report. Importantly though, the site has frontage to Goodchap Street which is a
busy distributor road and vehicle access for servicing and visitor parking is located in Val
Crescent near to the Goodchap Street round-about which minimises impacts on the quieter Val
Crescent. Figure 12 below shows the location of the proposed driveway.
Figure 12 – Proposed location of the driveway.
Café
The proposal plans indicate a café on the ground floor. The applicant has not addressed this
aspect of the development. However, the Arcare website indicates that Cafés at Arcare are for
residents and their family and friends to use. An extract from their website is provided in Figure
13 below. To ensure the ‘café’ is not used as a public café, a condition could be included to
restrict its use to residents and their guests only.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
Figure 13– Extract from Arcare website in regard to the café.
The applicant contends that there are sufficient planning grounds to justify the proposal despite
the conflict with the Planning Scheme. The applicant has provided the following grounds in the
submitted planning report and states:
This report demonstrates the proposals compliance with the applicable state planning
provisions and general compliance with the Noosa Plan. Where conflicts exist with the Noosa
Plan sufficient grounds based on planning need and economic benefit are demonstrated to
justify the proposal despite this conflict. Specifically:
A needs analysis concludes that:
o Noosa is aging at a faster rate than the rest of Queensland
o There exists strong demand for further aged care facilities in Noosa
o Projections estimate a shortfall of 251 beds by 2026
o A lack of suitable sites exist within Noosa to accommodate this need
o The proposed 90 bed facility fits well within the projected demand with the applicant
having already been allocated 90 bed licences from the Federal Government.
A preliminary economic assessment concludes that:
o The project contributes to Noosa closing the gap in the provision of aged care beds,
which is recognized in the Noosa Shire Economic Plan as being below the
appropriate beds-to-population ratio
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o The project has clear economic benefits in both direct and flow-on employment terms,
with 158 full time equivalent jobs during the construction phase and a further 178 full
time equivalent jobs during the ongoing operations phase
o The project is consistent with the strategic aspirations articulated in the Noosa Shire
Economic Plan to diversify Noosa’s economic base in sectors like aged care, health
and wellness.
o The project reinforces the direction articulated in the Economic Plan and associated
Action Plan to drive industry collaboration and clustering, with the possibility of
establishing a centre of aged care excellence in Noosa.
o The project contributes to the building of critical mass in the aged care sector and
reinforce of Noosa as desirable destination for retirement living.
o The location of the project contributes to the Noosa Hospital and Central Queensland
University Noosa Campus precinct as a focus of activity in the provision of aged care
facilities and services, further contributing to the development of clustering critical
mass.
Approval of the proposed Aged care facility is warranted.
Need & Demand
The application included an extensive assessment of the level of need for aged care facilities.
This assessment involved an analysis of existing and projected demand, against existing and
projected facilities which was in part based on findings from Council initiated reviews by
Humphreys Reynolds Perkins in 2006 and by Briggs & Mortar in 2015.
However, the more recent Housing Needs Assessment prepared Briggs & Mortar in 2017 for the
new Noosa Plan was not used by the applicant, but this report concluded a shortfall of 214 aged
care beds by 2021 and 289 beds by 2036. These figures include all approved aged care facilities.
The proposed residential aged care use would in part satisfy a significant need for aged care
facilities within the Noosa region. It is also noted that there are limited opportunities of
appropriately zoned land for the development of aged care facilities.
The applicants Need Assessment concludes that—
Noosa is aging at a faster rate than the rest of Queensland, with even the ‘youngest’ suburb
having a median age of 42.3 years. This is significantly higher than the Queensland average
of 36.0 years, and the SEQ’s average of 38.1 years.
The 65+years age group has grown from 16.5% in 1991 to 19.3% in 2011.
In support of the applicant’s report, the 2017 Briggs & Mortar Housing Needs Assessment states
that ‘Looking forward to 2036, a projected 57.2% of all residents in the Shire will be aged 45
years and older, with almost a third of all residents forecast to be aged 65 years and over’.
Land Use & Works and Overlay Provisions
The following codes which regulate land use and design are most applicable to this application:
Natural Hazards Overlay Code for Potential Acid Sulfate Soils
Residential Uses Code
Driveways & Carparking Code
Landscaping Code
Engineering Works Codes
Generally, the development complies or can comply with most provisions of these codes. The
primary assessment issues for the development are discussed below.
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3.3.1. Primary Planning Scheme assessment Issues
Acid Sulfate Soils
The site is affected by the Natural Hazards Overlay for potential acid sulfate soils. The
development proposes significant excavation across the site for the basement. The applicant has
not provided an Acid Sulfate Management Plan. A condition could be included to provide an Acid
Sulfate Soils Management Plan as part of an operational works application to ensure acid sulfate
soils are managed during and post construction.
Traffic and carparking
The applicant has provided a Traffic Report prepared by QTraffic Engineering Consultants
(QTraffic report) which addresses broader traffic impacts, vehicle access and manoeuvring, car
parking provision, servicing and refuse collection. The QTraffic report was peered reviewed by
Council’s consultant traffic engineer, Holland Traffic Consulting. The pertinent matters raised by
Holland Consulting are discussed below.
Traffic impacts on the broader road network – no concerns were raised by Holland Consulting
stating with Council’s consultant traffic engineer advising:
I concur with the traffic impact assessment outlined in Section 4.0 of the QTraffic report
dated 20 December 2017. The impact of the proposal on the broader road network would
be insignificant – the aged care facility would generate traffic similar to the volumes
generated by 20 residential houses, and there are 9 residential houses currently on the
site, so the additional traffic would only be equivalent to that generated by 10 houses.
Vehicle Access in Val Crescent – the location of the Val Crescent driveway raises concerns in
regard to sightlines, given its proximity to the Goodchap Street roundabout and the bend in Val
Crescent. Initially, the applicant demonstrated sightlines in one direction only and as part of
addressing Council’s Information Request, assumed vehicles would be travelling at less than
40km/hr. Council’s consultant traffic engineer required verification of vehicle speeds as the basis
for sight line distances in both directions. As part of the response to these outstanding issues, the
applicant undertook a traffic speed survey over 5 days in 2 locations in Val Crescent which found
the mean recorded speed was 25.3km/hr and 27.7km/ph and slightly higher for the 85th
percentile.
The QTraffic report also indicated as a result of the traffic speed survey that:
… the frequency with which a vehicle will seek to exit the site when a vehicle is
approaching the driveway on Val Crescent will be extremely low, therefore any potential for
conflict in this location is substantially reduced.
Council’s consultant traffic engineer is satisfied with the response to the outstanding issues and
advises:
The QTraffic report of 3 August 2018 now provides sufficient detail to demonstrate that
sight lines in accordance with the requirements of Australian Standard (AS/NZS 2890.1-
2004) can be achieved at the access driveway, and the author of that report has certified
as an RPEQ that access arrangements are acceptable.
I note that QTraffic plan SK.01 A of the latest report identifies a lesser sight distance
requirement toward the Goodchap Street roundabout than was identified in the earlier
QTraffic reporting (previous reporting had the sight line toward the Goodchap St
roundabout touching the edge of the fence as shown in the attached sketch). It is
recommended if the development is to be approved, that a condition be included to require
that the sight line areas identified in the QTraffic plan SK.01A in the report dated 3 August
2018, and as modified in red on the attached version of that plan, be maintained at all times
without structures or landscaping (the gum tree trunk can obviously remain) other than
grass. A covenant or easement over those sight line areas would be appropriate.
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Figure 14 below shows the proposed sight line areas.
Figure 14 – Clouded area showing covenants for sightlines.
It is considered the applicant has sufficiently demonstrated compliance with the relevant
Standards to ensure safe vehicle movements when entering and exiting the site which has been
certified by a Registered Professional Engineer of Queensland (RPEQ).
It is pertinent to note there is still adequate space for substantial landscaping between the
proposed grassed covenant area and the building.
Car Parking - the proposal provides 53 car parking spaces in a basement. An emergency vehicle
space, a drop off and pick up zone to the front of the building in the porte cochere which is
accessed from Goodchap Street. To ensure the development is providing sufficient car parking,
the following table provides an analysis of 6 other Queensland Councils and their car parking
provision for a 90 bed aged care facility and for 2 other relevant aged care facilities.
Council Car parking rate for a 90 bed Number of spaces required for a
aged care facility 90 bed aged care facility
The Noosa Plan 1 space per 4 beds 23
Sunshine Coast Council 1 space per 4 beds 23
Gympie Shire 1 space per 3 beds 30
Redcliffe Council 1 space per 4 beds 23
Cairns 1 space per 10 beds plus 69 approx.
.5 space per bed plus
.5 space per employee
Townsville Council 1 space per 10 beds plus 24 approx.
1 space per 2 employees
Brisbane City Council 1 space per 6 beds 15
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Council Car parking rate for a 90 bed Number of spaces required for a
aged care facility 90 bed aged care facility
The recent Noosacare 1 space per 1.1 beds 82
(Carramar) development
Arcare Peregian Springs (90 bed 1 space per 2.5 beds 36
aged care facility)
Proposal 1 space per 1.69 beds 53
The proposal is providing more than double the car spaces required by The Noosa Plan and
more spaces than most other Queensland Council’s as seen in the above table. Notwithstanding
compliance with the Noosa Plan, the application was referred to Council’s consultant traffic
engineer who states:
‘The QTraffic report dated 20 December 2017 correctly assessed that the parking
requirement of the development according to Noosa Plan is 23 parking spaces, and that 53
parking spaces are proposed, such that the proposal significantly exceeds the Noosa Plan
parking requirement… In my experience the proposed parking provision of 52 spaces for a
90 bed aged care facility would be sufficient to contain site generated parking demands.’
Bus Stop
The proposal seeks to relocate the existing bus stop on Goodchap Street approximately 40m to
the south to provide for the porte cochere driveways. Figure 15 below shows the existing and
proposed location of the bus stop.
Figure 15 shows the subject site outlined in green, the existing and proposed location of the bus stop.
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The applicant suggests the new location provides the ability to establish better sight lines for
traffic, will provide less congestion at the roundabout and better connections to the footpath for
the adjacent hospital. The Department of State Development, Manufacturing, Infrastructure and
Planning (Translink) initially raised concerns but the applicant subsequently addressed their
concerns. The Department indicates the proposed bus stop complies with the relevant standards
and policies. A condition could be imposed to ensure a new shelter is installed in accordance
with Council’s standard drawings.
Landscaping
Given the building footprint, the proposal seeks to remove all trees within the site. The existing
mature trees scattered throughout the 11 subject sites provide limited habitat and mostly provide
amenity. To offset their removal, generous landscaping setbacks are provided to the perimeter of
the site. Soft landscaping setbacks vary to Val Crescent from a minimum of 2m to the turning
area to 12m to the centrally located paved outdoor area. Landscaping setbacks to the 2 directly
adjoining dwellings range between 1.5m to 3m which provide adequate space for good
landscape screening. A condition could be included to provide 100 litre pot size trees and a
survey plan identifying any trees that may be able to be retained on site. It should be noted the
mature eucalypt within the Val Crescent verge is proposed to be retained.
Noise
Given the commercial component of the development, concerns are raised in regard to noise
emanating from the site and for the internal noise levels for the occupants. The applicant has
provided a Noise Assessment prepared by Road Pro Acoustics which states:
Existing road traffic noise levels were measured and used to validate a 3-dimensional road
traffic noise model for the site. External road traffic noise levels were calculated, and
minimum glazing requirements to satisfy the internal noise levels in AS 2107 were
determined in accordance with AS 3671.
Noise from carparking activities is not expected to cause a nuisance at nearby residences
due to low vehicle turnover and undercover parking.
Service vehicles should only attend the Site, and the service (bin) area should be restricted
to 7 am to 6 pm due to low ambient noise levels outside of these times.
Mechanical plant noise should be assessed in detail during the detailed design stage of the
project, as low background noise levels in the area combined with significant plant
requirements will make attenuation of those sources critical.
Subject to provision of the recommendations in this report, the proposed development is
supported with respect to acoustic amenity.
Council’s Environmental Health Officer raised no concerns with the submitted Noise Assessment.
Air-conditioning, refrigeration, mechanical exhaust fans/ventilation, the laundry and kitchen, plant
rooms, bulk stores and the like are located in the proposed basement which will ameliorate noise
emanating from the site. To ensure no noise nuisance, conditions could be included to ensure
that acoustic measures are included at the building design stage and submitted as part of an
operational works approval and deliveries are between the recommended hours.
Light spill
Concerns are raised regarding potential light spill from vehicles exiting the site and general
external lighting for the development. In terms of vehicle lights, deliveries and the primary shift
changes are during daylight hours with no light spill consequences. The 10:30pm staff shift
change entails reduced employees. Furthermore, the proposed Val Crescent driveway is located
opposite a dwelling’s car port separated by landscaping to the frontage which minimises light spill
from vehicles.
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General external light spill from the proposal would be softened by landscaping and a condition
could be included which ensures that external light from the development meets the relevant
legislation and has no detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive lighting.
Waste
The development would likely trigger additional waste collections which would have the potential
to impact on surrounding residents amenity. It is likely 1 additional collection would be required
based on Noosacare Carramar Tewantin requiring 3 collections per week for a 142 bed facility.
Access for the waste vehicle is close to Goodchap Street minimising impacts on Val Crescent
residents. Furthermore, plastic low noise 1100 litre waste bins designed specifically for noise
sensitive areas would be used and emptied via the back of the waste vehicle. It is considered
that any additional waste collections would have minimal impact on surrounding residents. A
condition could be included which limits waste collection to between reasonable daylight hours.
Stormwater
The development proposes stormwater water quality treatment by a proprietary device. There is
some concern that proprietary devices have not evolved sufficiently to continually meet relevant
water quality targets. A condition could be included that the stormwater quality treatment system
demonstrates the relevant pollutant reduction targets and the any MUSIC model node used be
verified by Stormwater Australia as part of an operational works application. Should the proposed
proprietary device not be suitable, there is sufficient space on-site to provide a bio-basin and still
maintain good landscaping screening of the development, given the substantial water storage
(225kl) provided in the basement.
4. CONSULTATION
4.1. Referral Agencies
The application was referred to the Department of State Development, Manufacturing,
Infrastructure and Planning (SARA). The Department is a referral agency for state transport
infrastructure and the development exceeding a 50 bed threshold.
The Department has responded advising that with conditions, the proposed development will not
adversely impact on matters of state-interest, being public passenger transport and the proposed
development complies with the purpose and applicable performance outcomes of State Code 6:
Protection of state transport networks of the State Development Assessment Provisions version
2.1.
4.2. Other Referrals
The application was forwarded to the following internal Council officers:
Engineering;
Ecology;
Water Quality;
Environmental Health;
Waste;
Strategic Planning;
Infrastructure, Design and Delivery.
Their assessment forms part of this report.
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4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. 104 properly made submissions were received being 96 objecting to and 8 in support.
Included in the total are approximately 77 pre-formatted submissions. The following table
provides a summary and assessment of the issues raised by submitters.
Matters Raised Comments
Traffic / Car parking
It is already a struggle to get a car park on The car parking proposed has been independently
Goodchap Street and Val Crescent as a result peer reviewed which indicates 53 spaces is sufficient
of overflow parking from the hospital. for the intended use.
The extra traffic caused by the development
will impinge on ambulance access to Noosa
The effect of the development on the road network
Hospital Emergency.
has been deemed to be insignificant. This has been
The development will significantly increase certified by a RPEQ traffic engineer and peer
vehicles using Val Crescent, particularly reviewed by Council’s consultant traffic engineer.
commercial vehicles including 12.5m heavy
Additional vehicles to that which currently use Val Cr
rigid vehicles.
would increase. However, the proposed driveway is
Val Crescent is intended to service residents located 20m from Val Cr/Goodchap St roundabout
who live in the street only. minimising the traffic impacts on Val Cr.
Val Crescent should be widened to cater for The current width has been deemed suitable for the
the additional traffic if the development is to development.
proceed.
The proposed 53 car parks is not sufficient to The car parking numbers proposed have been
cater for patients, staff, visitors and other independently peer reviewed.
people required to attend the facility.
Number 2 Val Crescent’s driveway is not The location of 2 Val Cr driveway and the impact of
indicated on the developer’s plans. This the development has been considered in the
driveway is within 10m of the proposed assessment of the development.
driveway.
The increased traffic created by the
development will make Val Crescent more
dangerous given—
there are no footpaths for local residents A footpath to the whole Val Cr frontage of the
or for people who park in the street to development must be constructed should the
access the hospital; development be approved.
children ride bikes and scooters on the The proposed driveway to the development in Val Cr
street and the increased traffic will is near the Goodchap St roundabout. minimising the
prevent them from doing this safely. traffic impacts on Val Cr.
The Val Crescent access is inappropriate and The sight lines and other traffic related concerns
unsafe because of restricted sight lines and raised by the submitter are addressed in the body of
the applicant’s information response is this report.
grossly inaccurate.
Additional rubbish collection adding to nose This has been addressed in the body of this report.
and stress levels
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Matters Raised Comments
During construction
The development will create noise and disrupt Noise is unavoidable during any construction. Should
amenity during the construction phase. the development be approved a construction
management plan and other relevant documents
The construction phase is an enormous
would be required as part of the operational works
impost on Val crescent over a substantial
application and therefore construction impacts would
period of time and one we should not have to
be minimised.
tolerate.
Excavation for the basement raises stability
concerns and will probably result in pumps Should the development be approved, conditions
working all the time and over-taxing the storm would address the stability of the site during
water drainage system and adding to construction.
sediment levels in Lake Doonella.
The Val Crescent road surface is not suitable If approved this would be addressed as part of the
for heavy construction traffic. Construction of operational works application. Any damage to the
this scale will require large articulated delivery road is the responsibility of the developer. If approved,
vehicles and raises safety issues with the Council would require a substantial bond of $50,000
Goodchap Street / Val Crescent roundabout. to ensure compliance with conditions of any approval.
Property Value
Devaluation of Val Crescent properties. This is not a planning matter.
Built form
The proposal conflicts with the Noosa Plan. This is addressed in the body of the report.
No expectation a 90 bed aged care facility
would be built in Val Crescent given that it is
zoned for Detached Housing. The expectation
is 11 dwellings over 11 lots.
A 90 bed aged care is an overdevelopment of
the site. It is a high density commercial
development in a residential area with service
levels equal to a commercial development.
The size, mass and bulk dominates the This is addressed in the body of the report.
streetscape and is a significant departure
from The Noosa Plan and will look out of
place on the site which is characterised by
detached houses.
The proposal does not give the physical
This is addressed in the body of the report.
appearance of detached houses and change
the nature of Val Crescent where there is no
units or other multiple dwellings.
The proposed ‘cookie cutter’ unit style doesn’t This is addressed in the body of the report.
fit the Noosa style of development.
Insulted by the impressive circular driveway The development provides variation and articulation in
on Goodchap Street whilst the ugly design and the ‘commercial access’ and associated
commercial access is located in Val Crescent, delivery area is below road level with good
subjecting local residents to noise and landscaping screening the development from the
congestion. street.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 OCTOBER 2018
Matters Raised Comments
Ambient light from the development will A condition could ensure no negative impact from light
change the night time amenity of Val spill.
Crescent.
Rooms and balconies overlooking our yards The development is setback 3.2m from the adjoining
and walkways and courtyards along the fence residential uses with no windows to these areas of the
line creating major privacy concerns. building except for a small balcony and windows
setback 18m. The courtyard is likely to be at or slightly
below natural ground level and should not create any
overlooking. A condition could be imposed to provide
screening devices to ensure privacy.
Location
The aged care facility should be located on a This is addressed within the body of this report.
more appropriately zoned lot.
Need
There is enough aged care beds in Noosa The matter is addressed in the body of this report.
Shire considering the population ceiling cap.
Stormwater/Wastewater
A large volume of sewage and grey water Unitywater would address this aspect of development.
output. Stormwater has been demonstrated to comply with
the Planning Scheme, relevant policies and
standards.
Vegetation
Removal 40 mature trees across the 11 lots Not all of the mature trees are native species. The
negatively impacts on the character of Val large mature eucalypt located to the north western
Crescent. If 11 new detached houses were end of Val Crescent is proposed to be retained. A
constructed the vast majority of these trees condition could be included to explore the opportunity
would be retained. to retain mature trees. This is likely to occur only
along the Val Crescent frontage. If the development is
approved, 100 litre pot size trees could be
conditioned.
Were 11 new detached houses constructed it is
unlikely that the vast majority of the trees would be
retained.
A commercial café appears to be operating The café is ancillary to the proposed use and is not
from the Peregian Springs Arcare facility. The proposed for external use. It is proposed to be utilised
proposal plans show a café area but is not by residents, residents’ visitors and staff. A condition
mentioned in the applicant’s application is recommended to ensure the café is not a
documentation. commercial activity.
Some of the properties to be removed are The lower cost properties appear to be in a state of
lower cost rentals. Removal of these seems disrepair being the reason they are potentially low
contradictory to the current requirement for cost rentals. There is a need for both low cost
more low cost rental properties. accommodation and aged care beds in Noosa Shire.
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5. CONCLUSION & REASONS FOR DECISION
The use of the site for a 90 bed residential aged care facility represents a greater scale of
development than anticipated by the Planning Scheme for the detached housing zone.
It is considered the development being a residential use would be compatible with surrounding
development and the built form is likely to sit within the streetscape without excessively
dominating the streetscape or significantly impacting on nearby residences. In particular,
significant landscaping is proposed to the perimeter of the development which will screen and
buffer the development.
There are limited opportunities of appropriately zoned land for the development of aged care
facilities and the use is considered a residential use.
The applicant has demonstrated the development can be accessed safely and given the location
of the access near to the Goodchap Street round about, any impact of the commercial
component of the development is limited to a small portion of Val Crescent and will not have any
significant effect on the broader road network.
The application is recommended for approval subject to conditions.
The following are sufficient grounds to justify the decision despite the conflict with the Planning
Scheme:
There is a significant need for aged care facilities within the Noosa region and the proposal
will in part satisfying this need.
The use is compatible with surrounding residential uses and will not significantly impact on
the amenity of the area. Further conditions are proposed to mitigate and address any
potential amenity impacts.
The proposal being low rise and articulated with a variety of external finishes will sit
reasonably well within the streetscape without being overly dominant.
The proposal provides extensive landscaping to the Val Crescent frontage to screen the
development from the street.
There are limited opportunities of appropriately zoned land for the development of aged
care facilities and overall the proposal is a good response for this site, considering the
Noosa Hospital opposite and Goodchap Street medical centre nearby.
The applicant has demonstrated that vehicles can enter and exit the Val Crescent driveway
safely.
The development will not adversely affect the broader road network.
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 X Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture X Environmental Services Disaster Management
Strategic Land Use Planning X Infrastructure Planning,
X
Design and Delivery
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