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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 12 December 2017
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell, Tony Wellington
“Noosa Shire – different by nature”
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Full text of sections 2 to 92 (of 95)
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 PROPOSED NEW COUNCIL POLICY CLIMATE CHANGE RESPONSE 3
2 DELEGATE FOR THE MARY RIVER CATCHMENT COORDINATING
COMMITTEE 9
3 MCU16/0098.01 & OPW16/0183 - PERMISSIBLE CHANGE TO AN EXISTING
APPROVAL FOR MATERIAL CHANGE OF USE FOR INDUSTRIAL BUSINESS
TYPE 2 - NOOSA CHOCOLATE FACTORY, ANCILLARY CAFE & DWELLING
UNIT AND ASSOCIATED OPERATIONAL WORKS AT 21 VENTURE DRIVE,
NOOSAVILLE 13
4 MCU14/0008.03 PRE-REQUEST RESPONSE FOR A MINOR CHANGE TO THE
EXISTING APPROVAL FOR MATERIAL CHANGE OF USE FOR MULTIPLE
HOUSING TYPE 4 CONVENTIONAL AND VISITOR ACCOMMODATION TYPE 4
CONVENTIONAL, SITUATED AT 226 DAVID LOW WAY, PEREGIAN BEACH 25
5 MCU16/0130 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
FOR A HARDWARE AND GARDEN & LIFESTYLE CENTRE AT 101 EUMUNDI
NOOSA ROAD, NOOSAVILLE 37
6 MCU14/0102.07 MATERIAL CHANGE OF USE AND OPERATIONAL WORK
MINOR CHANGE APPLICATION AND OPW17/0570 SUPERSEDED PLANNING
SCHEME REQUEST FOR OPERATIONAL WORKS SIGNAGE AT 139 EUMUNDI
NOOSA ROAD, NOOSAVILLE 56
7 MCU17/0530 DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE
ENTERTAINMENT & DINING BUSINESS TYPE 1 FOOD & BEVERAGE AT 34
MAPLE ST COOROY 71
8 MCU16/0153 PLANNING & ENVIRONMENT COURT APPEAL 4066 OF 2017
REFUSAL OF DEVELOPMENT APPLICATION MULTIPLE HOUSING TYPE 4
CONVENTIONAL UNITS, VISITOR ACCOM TYPE 4 CONVENTIONAL UNITS &
SHARED MULTIPLE HOUSING & VISITOR ACCOM 215 DAVID LOW WAY
PEREGIAN BEACH 86
REPORTS FOR NOTING BY THE COMMITTEE 89
9 DEVELOPMENT ASSESSMENT FEES & CHARGES VARIATIONS FOR 1 APRIL
2017 TO 30 SEPTEMBER 2017 89
10 RECYCLING WEEK 2017 91
CLOSED SESSION -
Page 2 of 95
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 PROPOSED NEW COUNCIL POLICY CLIMATE CHANGE RESPONSE
DOCUMENT INFORM AT ION
Author Program Coordinator Climate Change Adaptation, Grant Hinner
Environment & Sustainable Development Dept
Index ECM/Subject/Climate Change
Attachments 1. Draft Climate Change Response Policy
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Program Coordinator Climate Change Adaptation to the
Planning & Environment Committee Meeting dated 12 December 2017 and approve the Climate
Change Response Policy.
REPORT
A Climate Change Response Policy for Noosa Council has been prepared to provide a policy
statement to guide Council’s priority setting, decision making and communications with respect to
climate change.
This policy gives overarching direction for work that Council is already undertaking in adapting to
climate change and in reducing emissions. This includes identifying appropriate adaptation and
mitigation actions arising from Council’s Climate Change Adaptation Plan and Zero Emissions
Organisational Strategy 2016 – 2026.
The Climate Change Response Policy makes a commitment towards collaborative, innovative
and flexible approaches to responding to climate change and incorporating climate change
considerations across Council’s many functions and activities. It encourages partnerships with
community, business, research and government agencies to find better ways of addressing
climate risk and harnessing new opportunities that bring economic, social and environmental
benefits.
Because climate change science and projections are progressing at a rapid rate, regular
monitoring, evaluation and review of policies, strategies and systems to consider managing
climate change are part of Council’s continual improvement approach. Hence, periodic reviews of
the policy are proposed to be linked to the release of the Intergovernmental Panel on Climate
Change (IPCC) assessment reports, published approximately every 5 years.
It is important that Council uses reliable, practical and defensible parameters and information
sources for determining climate projections, assessing climate risk, and determining appropriate
responses. The policy references these.
The policy also commits to sharing up to date information with the community and offering
learning opportunities about climate-related risks and emissions reductions to build community
capacity and resilience.
An implementation plan will be developed to provide specific details regarding how the Climate
Change Response Policy should be integrated into Council business and implemented at the
departmental and branch levels.
Page 3 of 95
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Previous Council Consideration
Nil.
Finance
There are no financial implications for Council.
Risk & Opportunities
The proposed Climate Change Response Policy is in alignment with Council’s stated
Sustainability Principles and Corporate Plan 2017 – 2037, providing Council and its community
with greater clarity and certainty regarding Council’s response to climate change.
Consultation
External Consultation - Community & Stakeholder
Guidance regarding the composition of an effective policy was sought from the consultant
conducting the climate change governance assessment as part of Council’s participation in the
State Government’s Queensland Climate Resilience Councils initiative.
Internal Consultation
Development of the policy incorporated three rounds of consultation, with input sought from
relevant Council staff, all Directors, Chief Executive Officer, Mayor and Councillors.
Departments/Sections Consulted:
X Chief Executive Officer X Community Services X Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
X Executive Services X Environment & Sustainable Development X Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service 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 4 of 95
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Page 5 of 95
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
qe NOOSA Council Policy
mm mi Keeler CLIMATE CHANGE
RESPONSE
Corporate Plan Reference: The Noosa Environment:
Noosa Shire is better prepared for Climate Change
Endorsed by Council: <Insert Date of Ordinary Meeting >
Policy Author: Program Coordinator, Climate Change Adaptation
BACKGROUND
South East Queensland has been identified as one of several high-vulnerability climate change hot
spots in Australia. Accordingly, a number of climate-driven natural,hazards which Noosa Shire is
currently exposed to are likely be more problematic in the future. The frequency and severity of
natural hazards including major storm events, droughts, heatwaves, flooding, storm surge and
coastal erosion across the region is expected to increase. However, some of these, such as sea
level rise and its influence on the extent and severity of coastal hazards risks, are not projected to
be felt for some time.
Our climate has already begun to change. As it continues to do so, the risks faced by private and
public property, infrastructure, natural systems, human health, agriculture, and the economy are also
expected to alter.
It is critical that Council adopts a long-term proactive approach regarding these risks to help improve
and build the adaptive capacity of our Shire. Proactive planning, for climate-related risks includes
ensuring appropriate development requirements, adequate infrastructure planning, effective disaster
management, good asset management and appropriate governance systems are established and
implemented.
Council acknowledges that climate. change poses a serious challenge to Noosa Shire — and
ultimately to the planet. Council believes that the responsibility for responding to the causes and
risks associated with climatechange is shared by many stakeholders and thus requires a
collaborative approach. Council acknowledges its responsibility to understand and consider local
risks, and to work.with the community, government agencies and other partners to improve its
knowledge and capability to respond appropriately. That response will involve not only adaptive and
pragmatic planning, butalso localised emissions reductions.
PURPOSE
This policy outlines Noosa Council's commitment to improve its knowledge and capability to
appropriately respond to climate change through meaningful actions that drive carbon emissions
reductions and pragmatic adaptation planning, as part of the pursuit of its overarching Sustainability
Principles.
PRINCIPLES
Council will:
e Maintain a precautionary approach to climate change adaptation and emissions reduction,
developing and implementing short and long term actions that seek to achieve resilience and
carbon reduction while also delivering other social, economic and environmental benefits.
e Commit to being innovative, flexible and adaptive in our approach to climate change.
Page 1
Page 5 of 95Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Page 6 of 95
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
COUNCIL POLICY - CLIMATE CHANGE
OBJECTIVES
The objectives of Council in implementing this policy are to:
e Support long-term financial planning, asset management, infrastructure delivery, land use
planning, disaster management and other key Council processes with consistent, timely and
scientifically-sound information related to climate change.
e Ensure that climate change adaptation is a core component of planning for a more resilient
Noosa Shire and is also embedded across Council's functions and activities.
e Comply with applicable legal requirements and implement any relevant State and Federal
government policies, guidelines and/or directives.
e Provide timely, up-to-date, coordinated and balanced information to Council and the community
on climate change in order to create a more holistic response and to build community resilience.
e Develop and implement appropriate adaptation and mitigation actions in response to climate
change
IMPLEMENTATION
To meet the challenges of climate change and satisfy the above, Council will:
e Take an adaptive management approach and periodically undertake a climate change risk
assessment for Council and the Local Government Area, consistent with ISO 31000:2009;
e Develop a Climate Change Adaptation Plan for the Noosa Shire;
e Continue to implement a Zero Emissions Organisational Strategy for Council;
e Regularly review its policies, strategies, plans and other relevant systems, where their content
may be affected by climate change, to ensure they remain current as the science of climate
change develops;
e Ensure that Council's actions, decisions and policy response to climate change remains current
and reflects Council’s financial and operational capacity;
e Ensure availability of appropriate financial resources for climate change related initiatives,
including pursuit of grant and other external funding opportunities;
e Review the provisions of the planning scheme to ensure that future development is designed and
located in a way that appropriately considers climate change risk;
e Work cooperatively with other councils and the State Government to seek synergies and ensure
that respective roles and responsibilities are appropriate and duplication is avoided; and
e Build the adaptive capacity and also the resilience of Council and its community through active
engagement, communication and learning opportunities regarding climate-related risks and
emissions reduction measures.
Council recognises the important role of the Intergovernmental Panel on Climate Change (IPCC).
Council will commence a review of relevant Council actions and programs in relation to new IPCC
assessment reports within 12 months of their publication. Council will use, as a minimum, the top
global Representative Concentration Pathway (currently RCP8.5) during decision making. Where
reliably available, Council will also seek to utilise climate change projections specific to the Noosa
region.
Where possible, Council will use climate change projections that are consistent with those used or
referenced by the Queensland Government for use in Council's hazard or risk determinations. In the
absence of these, Council will seek to apply factors contained in projections provided by the
Commonwealth Scientific and Industrial Research Organisation (CSIRO). Rainfall variations for flood
modelling and other decision-making will be based on the latest Australian Rainfall and Runoff
Guidelines’ section on Climate Change Considerations.
COMMUNICATION
Page 2
Page 6 of 95Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Page 7 of 95
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
COUNCIL POLICY - CLIMATE CHANGE
Council commits to ensuring that the community, Councillors and staff are updated whenever
material changes to this policy occur, in accordance with Council’s Community Engagement Policy.
Council will provide clear, consistent and transparent climate change information which
demonstrates best practice scientific knowledge. Council officers will address climate change
considerations (whether mitigation or adaptation), where applicable, in reports to Council.
ROLES AND RESPONSIBILITIES
The Director Environment and Sustainable Development is responsible for leading the
implementation and review of this policy and ensuring it remains current and fit-for-purpose.
SUPPORTING NOOSA COUNCIL DOCUMENTS
Asset Management Policy 2016
Business Continuity Management Policy 2015
Community Engagement Policy 2017
Corporate Plan 2017-2037
Emission Reduction Policy 2016
Environmental Management Policy 2016
Financial Sustainability Policy 2017
Health & Safety Policy Statement 2016
Risk Management Policy 2014
Tree Management on Public Land Policy 2015
The Noosa Plan 2006 — 2021
Zero Emissions Organisational Strategy 2016 - 2026
DEFINITIONS
Adaptation: Regarding climate change, adaptation is the process of adjustment to actual or
expected climate and its effects. It seeks to moderate or avoid harm or exploit beneficial
opportunities.
Climate: Relates to the average weather over various timescales, including over a period of months
up to millions of years.
Climate Change: refers to a change in the state of the climate that can be identified (e.g. using
statistical tests) by changes in the mean and/or variability of its properties, and that persists for an
extended period.
Hazard: the potential occurrence of a natural or human-induced event, trend or impact that may
cause damage, including loss to property, infrastructure, livelihoods, service provision, and
ecosystems.
Intergovernmental Panel on Climate Change: Established by the United Nations, the IPCC is the
leading international body for the assessment of climate change, with representatives from 195
countries.
Mitigation: A human intervention to reduce the sources or enhance the sinks of greenhouse gases.
Resilience: The capacity of social, economic, and environmental systems to cope with a hazardous
event, trend, or disturbance, responding or reorganising in ways that maintain their essential
function, identity, and structure, while also maintaining the capacity for adaptation, learning, and
transformation.
Risk: is the potential for consequences where something of value is at stake and where the outcome
is uncertain, recognising the diversity of values. Risk is often represented as probability of
Page 3
Page 7 of 95Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Page 8 of 95
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
COUNCIL POLICY - CLIMATE CHANGE
occurrence of hazardous events (likelihood) or trends multiplied by the impacts (or consequences)
if these events or trends occur.
RELEVANT LEGISLATION
Local Government Act (2009)
Planning Act (2017)
Page 4
Page 8 of 95Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
2 DELEGATE FOR THE MARY RIVER CATCHMENT COORDINATING COMMITTEE
DOCUMENT INFORM AT ION
Author Environment Officer (Rivers and Coast), Jan Maddin
Environment and Sustainable Development Department
Index ECM Subject / Waterways Management – Mary River
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Environment Officer (Rivers and Coast) to the Planning &
Environment Committee Meeting dated 12 December 2017 and support the nomination of
Councillor Brian Stockwell as a delegate on the Mary River Catchment Coordinating Committee
(MRCCC).
REPORT
The MRCCC has been operating for over 20 years and is a community based catchment
management organisation that has community, industry and government interests represented.
Membership consists of interest sectors, not organisations, and is shown below.
Beef Grazing Lands
Dairying Horticulture
Dept of Primary Industries and Fisheries (DAFF) Land for Wildlife
Dept of Natural Resources & Mines (DNRM) Landcare ( Upper)
Dept of Environment and Heritage (EHP) Landcare (Lower)
Dept of Education Project Participant (2)
Environment Local Government (Sunshine Coast)
Extractive Industries Local Government (Noosa)
Field Naturalists Local Government (Gympie)
Forestry Local Government (Fraser Coast)
Irrigation Sugar
Fisheries Seqwater
General Community (Upper) Special Members
General Community(Middle) Tree Crops
General Community (Lower) Waterwatch
General Community (Western)
1. Responsibilities of Delegates on MRCCC
Represent the nominated interest sector and act as a two-way contact point.
Attend and take part in committee meetings where issues of concern to the catchment and
its people are raised, discussed and acted upon (approximately 5 hours every six weeks).
Attend and take part in special meetings and community workshops (approximately 12
hours per year).
Participate in subcommittees where appropriate (approximately 20 hours per year).
Foster awareness and action on issues of catchment-wide concern with the interest sector
you represent.
Attend regularly - absenteeism extending to more than three meetings will be queried.
Page 9 of 95
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
2. Requirements of Delegates
Reside in the Mary River catchment or have significant involvement and interest in the
catchment, including knowledge of natural resource issues in the region.
Have sufficient time to devote to committee activities and have:
an understanding of the need for integrated catchment management and community
involvement processes;
a commitment to integrated catchment management and sustainable development;
and
knowledge, interest or experience in natural resource management.
Demonstrate they can represent the interests of one or more interest sectors and have the
ability to represent community views.
Have effective contacts in the community and commitment to keeping people informed.
Have personal qualities to support the committee such as progressive thinking and the
ability to work well with people.
Delegates can be either officers or Councillors - neighbouring Councils vary with one having a
Senior officer and the other having Councillors as delegates.
3. Background to the MRCCC
The MRCCC aims to promote within the community, through sector interests, a common view of
a sustainable and productive catchment. Key roles of the committee include:
education and awareness;
planning;
assisting interest sectors to improve practices;
supporting Landcare;
consultation; and
working with Government (policy formulation).
Since 1999, the MRCCC has facilitated the investment of over $10 million into the Mary
Catchment economy for the purpose of sustainable land and water management with
landholders also undertaking MRCCC project work which would invariably multiply this
investment substantially.
Improving community education and awareness has been a foundation action of the MRCCC as
identified in the Mary River Catchment Strategy. These activities are predominantly associated
with engaging rural landholders, restoring degraded habitats, delivering extension services and
promoting sustainable rural practices to keep soil on the land and out of the waterways.
MRCCC also have a strong focus on threatened species and their habitats. They managed the
Mary River Cod breeding program at the Gerry Cook Fish Hatchery located at Lake Macdonald;
and cod fingerling restocking throughout the catchment in accordance with the Mary River Cod
Recovery Plan.
In addition, MRCCC coordinated the annual Noosa Festival of Water, as well as threatened frog
species monitoring within the Mary catchment and the Noosa Shire.
4. Mary River Relevance in Noosa Shire
The Mary River catchment covers 36% of Noosa’s local government area (refer Map below).
A number of the Mary’s freshwater tributaries are located in the hinterland regions of the Shire.
Six Mile Creek is the largest of these and Lake Macdonald is the impounded reservoir of the Six
Mile Creek Dam which forms part of South East Queensland’s drinking water supply.
These creeks flow into the main channel of the Mary River and north to Hervey Bay.
Page 10 of 95
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
5. Catchment management relevance
The Mary River catchment is the 4th highest contributor of sediments to the Great Barrier
Reef.
Six Mile Creek provides primary habitat for the endangered Mary River Cod which has
suffered population declines since 1930s.
Six Mile Creek also provides habitat for the Australian Lungfish which is a prehistoric
species currently under threat due to reductions in breeding habitat.
The rainforest remnants along Six Mile Creek provide habitat for the stream dependent and
endangered Giant Barred Frog and other rare and threatened frog species.
The Mary River tributaries within the Woondum National Park, Ridgewood, Black Mountain,
Yurol State Forest, Cooroy and Timbeerwah are areas of high ecological value (Noosa
Shire Biodiversity Assessment Report, 2017).
The water quality of the Mary River tributaries located within the Shire is monitored by
volunteers in the Noosa Waterwatch Program. A Water Quality Report for Six Mile Creek
Catchment was developed by Waterwatch in 2017.
Page 11 of 95
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
6. Consideration for Noosa Council Delegate Representation
The MRCCC have indicated that delegates must be able to attend regularly and that delegates
are usually Councillors or Senior Managers. Officers are represented on various steering and
working groups and will continue to provide advice and input as required.
Considering the requirements of the delegates outlined in section 2 above, it is considered that
Cr Stockwell would be an appropriate and suitable delegate to represent Noosa Council (Local
Government).
Previous Council Consideration
Since 2014, Noosa Council’s delegate on the MRCCC has been the Environment Officer (Rivers
and Coast). Prior to this, Council’s nominated delegate was the Sunshine Coast Council’s
Partnerships Officer who was previously Noosa Council’s Environment Services Manager.
As mentioned above delegates for Local Government are usually Councillors or senior
Managers.
Finance
There are no financial implications on the current budget.
Risk and Opportunity
Having a representative on the MRCCC provides an important opportunity for Council to have
relevant issues and concerns represented at this forum, for knowledge contribution and
information sharing to occur and for linkages to broader catchment management issues and
opportunities to be considered.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Departments/Sections Consulted:
x Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service 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 12 of 95
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
3 MCU16/0098.01 & OPW16/0183 - PERMISSIBLE CHANGE TO AN EXISTING
APPROVAL FOR MATERIAL CHANGE OF USE FOR INDUSTRIAL BUSINESS TYPE 2 -
NOOSA CHOCOLATE FACTORY, ANCILLARY CAFE & DWELLING UNIT AND
ASSOCIATED OPERATIONAL WORKS AT 21 VENTURE DRIVE, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Wilhelm Koschade
Environment & Sustainable Development
Index ECM / Application / MCU16/0098.1 & OPW16/0183
Attachments 1. Proposal Plans
2. Superseded Plans
APPLICATION DETAILS
Applicant Building Suncoast Green
Proposal Development Permit for Material Change of Use of Premises -
Industrial Business Type 2, Entertainment & Dining Business
Type 1 and Ancillary dwelling Unit & Operational Works for
Stormwater, Landscaping, Carparking & Access.
Properly Made Date 23 June 2017
Decision Due Date 24 July 2017
Number of Submissions Nil
PROPERTY DETAILS
Property Address 21 Venture Drive, Noosaville
RP Description Lot 9 SP 216079
Land Area 1,663m²
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Industry
Overlays Not Applicable
Assessment Type Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 December 2017 regarding Application No. MCU16/0098.01 and
OPW16/0183 for a Permissible Change to the Existing Approval for a Material Change of Use for
Industrial Business Type 2 – Noosa Chocolate Factory, Entertainment and Dining Business Type
1 – Food & Beverage, Ancillary Dwelling Unit and associated Operational Works, situated at 21
Venture Drive, Noosaville and:
A. Amend condition 2 and 5 of approval MCU16/0098.01 to read as follows:
Page 13 of 95
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
DA200-01 D Ground Floor, drawn by Tim Stewart Architects 26.10.17
DA200-02 B Mezzanine Floor, drawn by Tim Stewart Architects 24.10.17
DA300-01 B Building Elevations (Eastern & Northern), drawn by Tim 24.10.17
Stewart Architects
DA300-02 B Building Elevations (Western & Southern), drawn by Tim 24.10.17
Stewart Architects
5. The outdoor dining area must not exceed 40m2.
B. Amend condition 28 of approval OPW16/0183 to read as follows:
Approved Plans
28. Development undertaken in accordance with this operational works approval must
generally comply with the approved plans of development. The approved plans are
listed in the following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
C001 A Drawing Index and Standard Notes, prepared by 18/08/2016
Job No: SC-5734 Empire Engineering
C020 A Siteworks and Drainage Plan, prepared by Empire 18/08/2016
Job No: SC-5734 Engineering
C025 A Siteworks and Drainage Sections and Details, 18/08/2016
Job No: SC-5734 prepared by Empire Engineering
C030 A Pavement Plan, prepared by Empire Engineering 18/08/2016
Job No: SC-5734
C040 A Sign and Linemarking Plan, prepared by Empire 18/08/2016
Job No: SC-5734 Engineering
PP01 B Planting Plan, prepared by Exhibit Green 21/11/17
Landscape Architects
C. Add new condition 37 to approval OPW16/0183 to read:
37. The landscape plan must be amended to provide for:
a. The deletion of the stair access at the north-eastern corner of the site;
b. The landscaping strip to the Venture Drive frontage to be at least 2.0 metres in
width and include 2 Pandanus tectorius (Screwpine), a mixture of large and
medium sized shrubs and ground covers native to the locality.
c. A schedule of plants which provides for meaningful buffers and screening
throughout the site resulting in a mix of trees, large shrubs, small shrubs,
ground cover, grasses and sedges native to the locality.
D. Delete condition 29 of approval OPW16/0183.
Page 14 of 95
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
REPORT
1. PROPOSAL
The application seeks a permissible change approval for external and internal alterations. The
amended floor layout results in an overall increase to the Gross Floor Area (GFA) of the
development by 58.3m2. Further details of the amended floor layouts are provided below in
Table 1.
Table 1 – Amended Floor Layouts
Use Approved Approved Proposed Proposed
Areas (m2) Carparking Areas (m2) Carparking
Industrial Business Type 2:
Industrial Use 568.3 13 spaces 551.6 14 spaces
Ancillary Administration 46.6 72.1
Ancillary Retail 40.6 90
Caretakers Unit 28.4 1 space 34 1 space
Entertainment & Dining Type 1:
Kitchen 16 - 14.5 -
Café Area 24 2.4 spaces - -
Outdoor Dining 20 2 spaces 40 4 spaces
TOTAL: 743.9 18 spaces + 4 802.2 18 spaces + 4
scooter scooter spaces
spaces
Amendments to the building elevations are also proposed which the applicant suggests are
resultant from the rebranding of the company (Noosa Chocolate). The new building will comprise
lighter tones and colours and provides for some articulation to the northern elevation along
Venture Drive and limited articulation along the elevation to Vision Court. Proposal plans are
provided in Attachment 1 and the superseded approved plans provided in Attachment 2.
The applicant also wishes to obtain approval for various amendments to the approved landscape
design, to complement the new building design, which namely comprises alternative species and
pot sizes. The proposed landscaped areas and setbacks are generally retained in the same
locations as per the original approval. Architectural renders of the approved and proposed
building is provided below in Figure 1, 2, 3 and 4.
Figure 1 – Existing Approval (Venture Dr elevation)
Page 15 of 95
Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Figure 2 – Existing Approval (Vision Ct elevation)
Figure 3 – Proposed Development (Venture Dr elevation)
Figure 4 – Proposed Development (Vision Ct elevation)
Page 16 of 95
Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
2. SITE DETAILS
2.1. Site Description
The site is a corner lot with a 58m frontage to Vision Court and 25m frontage to Venture Drive.
The lot has a slight slope from the south to north with no existing vegetation. An existing
easement is located on the northern side of the lot and runs to the site’s full frontage to Venture
Drive. Figure 5 below shows the site’s location.
Figure 5 – Locality Plan
2.2. Surrounding Land Uses
The site is within a recent subdivision located between Gateway and Venture Drive. The site is
near the small industrial tenancies of Gateway Drive and the Project Avenue industrial area.
Currently there is no development directly adjoining the site. Newly developed industrial
businesses are located to the north and east of the site. Vacant industrial lots are located to the
west and south.
2.3. Background
A Development Permit for Material Change of Use of Premises - Industrial Business Type 2,
Entertainment & Dining Business Type 1 and Ancillary Dwelling Unit & Operational Works for
Stormwater, Landscaping & Access was approved by Council on 17 November 2016At the time
the original application was publicly notified, 0 properly made submissions and 0 not properly
made submissions were received.
The original development application was considered at Council’s Planning and Environment
Committee meeting on 8 November 2016 as the entertainment and dining component of the
development is recognised as an inconsistent impact assessable use. For this reason the
proposed permissible change is being referred to Council for consideration.
Page 17 of 95
Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
2.4. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
Any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
2.5. State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
2.6. Statutory Instruments – Planning Scheme
Locality Provisions
Building Design
The proposed amended building design provides a mix of textured external building materials
and detailing. The design is considered appropriate and unlikely to detract from the character of
its locality being primarily industrial in nature. The proposed building aligns with the Specific
Outcomes sought in the Noosaville Locality Code which requires “Buildings to be designed and
sited to provide visual interest and amenity”.
Internal Floor Area
Approval is sought for an increase in GFA of 58.3m2 across the development. The additional
GFA includes a 74.9m2 increase to the administration and retail component ancillary to the
industrial business. The Noosa Plan defines an industrial business as:
“…the conduct of an industrial business activity, where goods or products are produced,
manufactured, dismantled, altered, repackaged, repaired or stored at a scale of greater than that
defined by retail business. The use includes the sale of goods, resulting from such operations,
provided that sales space does not exceed 20% of the use area. Any space dedicated for
administration or accounting work in connection with such operations does not exceed 20% of
the use area.”
The proposed administrative component is equivalent to 13% of the total use area. The retail
component is 16.3% of the total use area. Both areas remain below the allowable 20% for each
use.
The application also intends to delete the approved café area however proposes to offset this
loss with an additional 20m2 outdoor dining area. There is no net gain of the entertainment and
dining component of the approval. The outdoor dining area comprises an unroofed outdoor
Page 18 of 95
Section 19
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
landscaped area with seating. The area is partly paved with turf and is sited behind a landscape
setback to the Venture Drive frontage.
The application includes the provision of 19 spaces (18 carparks and 4 scooter spaces) which
satisfies the triggered carparking rate. The amendments to the internal floor areas raise no
concern.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Landscaping Code
Engineering Works Codes
The application has been assessed against each of the above applicable codes. The pertinent
issues arising out of the assessment against the codes are discussed below:
Landscaping
The amendments to the landscape plan are not supported as the proposed layout substantially
reduces the effectiveness of the landscaping as compared to the original approval. This is a
result of the addition of a stair access and the inclusion of retaining walls adjacent to the front
and north-eastern corner of the site and changes to the proposed planting regime. The original
approval provided for a low height landscape wall in the north-east corner of the site and the
landscaping included a combination of trees and large and medium sized shrubs. The landscape
plan accompanying the application only provides for Pigface in the north-eastern corner of the
site in the area between the retaining walls and the property boundary.
Accordingly it is recommended that new Condition 37 to the Operational Works approval be
included to read:
37. The landscape plan must be amended to provide for:
d. The deletion of the stair access at the north-eastern corner of the site;
e. The landscaping strip to the Venture Drive frontage to be at least 2.0 metres in width
and include 2 Pandanus tectorius (Screwpine), a mixture of large and medium sized
shrubs and ground covers native to the locality.
f. A schedule of plants which provides for meaningful buffers and screening throughout
the site resulting in a mix of trees, large shrubs, small shrubs, ground cover, grasses
and sedges native to the locality.
3. CONSULTATION
3.1. Referrals
The application was forwarded to the following internal Council specialists:
Environment Officer
4. CONCLUSION
The application seeks a permissible change approval for various internal alterations to the floor
areas of the approved building. The amended floor layout results in an overall increase to the
GFA of the development by 58.3m2 which includes additional outdoor dining area associated with
the entertainment and dining component. Additional retail and administration area is also
proposed ancillary to the industrial business use.
As part of the rebranding of the company, aesthetic amendments to the building elevations are
also proposed in combination with modifications to the landscaped design to complement the
new building. The design utilises a mix of external finishes and tones and is unlikely to detract
from the character of its locality. The proposed amended landscape plan is not supported and
accordingly a new condition is proposed to address suitable buffers and screening.
Page 19 of 95
Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Departments/Sections Consulted:
x Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 20 of 95
Section 21
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
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5 1 1 1 50 2 1715 2280 7 3 0 &Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
4 MCU14/0008.03 PRE-REQUEST RESPONSE FOR A MINOR CHANGE TO THE
EXISTING APPROVAL FOR MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING
TYPE 4 CONVENTIONAL AND VISITOR ACCOMMODATION TYPE 4 CONVENTIONAL,
SITUATED AT 226 DAVID LOW WAY, PEREGIAN BEACH
DOCUMENT INFORM AT ION
Author Development Planner, Wilhelm Koschade
Environment and Sustainable Development
Index ECM / Application / MCU14/0008.03
Attachments 1. Approved Plans
2. Photos of Enclosed Balcony & Development Presentation
APPLICATION DETAILS
Applicant Raphill Pty Ltd
Proposal Material Change Of Use - Pre-request Response Notice -
Change to Existing Approval
Properly Made Date 3 November 2017
Information Request Date Not Applicable
Information Response Date Not Applicable
Decision Due Date 1 December 2017
Number of Submissions 2 Properly Made/1 Not Properly Made (to original application)
PROPERTY DETAILS
Property Address 226 David Low Way PEREGIAN BEACH QLD 4573
RP Description Lot 12 SP 207105
Land Area 1201m2
Existing Use of Land Multiple Housing Type 4 – Conventional
Visitor Accommodation Type 4 - Conventional
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Eastern Beaches
Zone Semi-Attached Housing
Overlays Not Applicable
Assessment Type Minor Change to Approval
Page 25 of 95
Section 26
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 December 2017 regarding Application No. MCU14/0008.03 for a
Pre-request Response for a Minor Change to the Existing Approval for a Material Change Of Use
for Multiple Housing Type 4 – Conventional and Multiple Housing Type 4 – Visitor
Accommodation, situated at 226 David Low Way, Peregian Beach 4573 and:
A. Amend condition 2 and 8 of the Development Permit to read as follows:
Approved Plans
2. Development authorised by this approval must be undertaken generally in
accordance with the Approved Plans listed below, unless otherwise amended by the
conditions of approval.
Plan No. Rev. Plan Name, prepared by Date
Approved Plan/s – December 2017
- - Peregian Beach Villas – Unit 6 Balcony Detail 09-11-17
Approved Plan/s – March 2014
A.01.1 K Site Plan, prepared by Hinton Steel Frames 20-03-14
A.01.2 G Renders, prepared by Hinton Steel Frames 20-03-14
A.01.3 G Renders, prepared by Hinton Steel Frames 20-03-14
Units 1, 2 & 3
Perspectives - Units 1, 2,& 3, prepared by Hinton N.D
Steel Frames
A.01.2 H Ground Floor, prepared by Hinton Steel Frames 20-03-14
A.01.3 H First Floor, prepared by Hinton Steel Frames 20-03-14
A.01.4 H Elevations, prepared by Hinton Steel Frames 20-03-14
A.01.5 H Elevations, prepared by Hinton Steel Frames 20-03-14
Units 4 & 5
Perspectives - Units 4 & 5, prepared by Hinton Steel N.D
Frames
A.01.2 I Ground Floor, prepared by Hinton Steel Frames 20-03-14
A.01.3 I First Floor (annotated), prepared by Hinton Steel 20-03-14
Frames
A.01.4 I Elevations, prepared by Hinton Steel Frames 20-03-14
A.01.5 I Elevations, prepared by Hinton Steel Frames 20-03-14
Units 6 & 7
Perspectives - Units 6 & 7, prepared by Hinton Steel N.D
Frames
A.01.2 H Ground Floor, prepared by Hinton Steel Frames 20-03-14
A.01.3 H First Floor, prepared by Hinton Steel Frames 20-03-14
A.01.4 H Elevations, prepared by Hinton Steel Frames 20-03-14
A.01.5 H Elevations, prepared by Hinton Steel Frames 20-03-14
Units 8 & 9
Perspectives - Units 8 & 9, prepared by Hinton Steel N.D
Frames
A.01.2 J Ground Floor, prepared by Hinton Steel Frames 20-03-14
A.01.3 J First Floor, prepared by Hinton Steel Frames 20-03-14
A.01.4 J Elevations, prepared by Hinton Steel Frames 20-03-14
A.01.5 J Elevations, prepared by Hinton Steel Frames 20-03-14
8. All deck and balcony areas above ground floor must not be enclosed by
permanent fixtures such as shutters, louvres glass panelling or the like unless
otherwise shown on the approved plans.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 26 of 95
Section 27
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
REPORT
1. PROPOSAL
This application is a request for a pre-request response notice regarding a proposed minor
change to the existing development approval. The proposed change includes the part enclosure
of the balcony area of Unit 6, equivalent to 10.3m2. The additional floor area represents a 1.9%
increase to the total Gross Floor Area (GFA) on the site.
The works have been undertaken and this request has been submitted retrospectively. The
matter was brought to Council’s attention via a complaint.
The approved plans for the original development are provided in Attachment 1 and the location of
the balcony area of Unit 6 currently enclosed is shown below in Figure 1.
Figure 1 – Enclosed balcony area
In addition to the above, the applicant seeks approval to amend condition 8 of the existing
approval in order to accommodate Unit 6’s balcony enclosure. The condition currently reads:
8. “All deck and balcony areas above ground floor must not be enclosed by permanent
fixtures such as shutters, louvers glass panelling or the like.”
The application proposes to amend the condition to read as follows:
8. “All deck and balcony areas above ground floor must not be enclosed by permanent
fixtures such as shutters, louvers glass panelling or the like, with exception of Unit 6, which
provides for two large glass windows along the eastern edge located above the balustrade
that open outwards and glass louvres along the north edge.”
Page 27 of 95
Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
2. SITE DETAILS
2.1. Background
The original application (MCU14/0008) to develop the site for multiple dwellings for use as either
visitor and/or permanent accommodation was considered by Council at its Ordinary Meeting on
31 July 2014. Council resolved to approve the application finding the following grounds were
sufficient to justify the decision despite the conflict with the planning scheme:
1. The proposed small low cost permanent and visitor accommodation provides housing
diversity ideally located in close proximity to the Peregian Beach neighbourhood centre and
other social infrastructure.
2. The building design is a well-articulated coastal building style that presents as domestic
scale and integrates well with development in the surrounding area.
3. The development allows sufficient separation between buildings, neighbouring properties
and adequate area for soft landscaping, outdoor recreation and clothes drying areas.
4. The site has been historically used for visitor accommodation.
The approval granted additional GFA beyond what the Planning Scheme permitted for the site
(approved 523m2 where Scheme allows 480m2). The additional GFA was supported as the
development presented as domestic in scale, was not considered bulky, complied with the site
cover and building height provisions of the code, and would be compatible and consistent with
development in the surrounding area.
An appeal was lodged with the Planning and Environment Court on 4 August 2014 by one of the
properly made submitters. The submitter requested the Court overturn Council’s decision and
refuse the application on the grounds that the proposal was in conflict with The Noosa Plan; was
likely to adversely impact on amenity enjoyed by other uses; will visually dominate; had not
satisfactorily addressed drainage; and there were insufficient grounds to justify approval of the
application.
The matter was heard and development approval issued by the Court on 6 February 2015.
Council received a complaint in August 2016 regarding the enclosure of the balcony of Unit 6.
Council issued a letter on 19 August 2016 requesting the landowner to return the balcony to its
original form or alternatively obtain approval for the works.
As a result of the development being subject to a Court order, any subsequent changes to the
approval must be processed by the Court. The application seeks Council’s preliminary consent
prior to submitting a change application to the Court.
2.2. Site Description
The site has approximately 31m of frontage to David Low Way. There is no significant vegetation
onsite. The site is generally level with a slight slope from the rear of the site towards David Low
Way.
The lot is an odd trapezoid shape with a truncated north east side boundary and a small change
of direction in the south west corner of the front boundary.
The site contains 2 easements, the first being 4.1m wide for an Energex transformer in the south
west corner and the second being 2.5m wide for sewer along the north east side boundary
truncation.
The site has been developed and comprises 9 x 1 bedroom dwelling units in four separate
buildings. The units are 2 storeys with each unit having a gross floor area of 55m 2, except unit 4
having a gross floor area of 83m2.
A locality plan is provided below in Figure 2.
Page 28 of 95
Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Subject Site
Figure 2 – Locality Plan
2.3. Surrounding Land Uses
The surrounding land uses are diverse and comprise a mix of commercial and residential
developments serving both the visitor and resident community. Peregian “Boardwalk” adjoins to
the south and across Heron Street is Peregian village. A multiple dwelling and Pacific Blue
Apartments (visitor accommodation) are located to the north with multiple dwellings and single
residences to the east. A commercial office development, tennis courts, day care centre are
located across David Low Way to the north and the new ‘Peregian Village Market’ development
to the south.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
3.2. State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan
The site is located within the urban footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the
application:
Koala Habitat Area
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Act Regulation 2017 for the SEQ
Development Area.
Page 29 of 95
Section 30
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
Eastern Beaches Locality Code.
Residential Uses Code.
Engineering Works Code; and
Landscaping Code.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
In this particular instance the applicant advises that the balcony was changed to make it more
useable and liveable during inclement weather. The change to the balcony raises concern
regarding the built form of the development being subject to further changes in the future and the
exterior built form becoming varied and inconsistent. It is noted that this aspect of the building
faces the rear of the site and is not prominent within the public realm.
Specific Outcome O9 of the Eastern Beaches Locality code nominates a maximum GFA
equivalent to the maximum allowable population density in persons multiplied by 40m2. Applying
the ratio, the site has a maximum allowable GFA of 480m 2. This can also be expressed as a plot
ratio of 0.40:1.
A greater GFA of 523m2 (plot ratio of 0.43:1) was previously supported as the development
presented as domestic in scale, was not considered bulky and complied with the site cover and
building height provisions of the code. A photo of the development’s presentation to David Low
Way is provided in Attachment 2.
The application seeks approval for the part enclosure of the balcony area of Unit 6 which
increases GFA by 10.3m2, equivalent to an additional 1.9% in GFA on the site. Although
increasing the GFA, the part enclosure does not result in the development presenting an
appearance of excessive bulk to adjacent properties and the building retains a scale compatible
with surrounding development.
The enclosed balcony is not made up of solid wall but rather comprises building materials
consisting of lightweight framing, transparent glass windows and louvres. These materials
collectively do not substantially increase bulk and scale of Unit 6, given the transparency and
open construction.
The proposed development respects the scale and character of the streetscape and surrounding
development and remains well below the approved GFA of the adjoining Peregian boardwalk
development which has an approved GFA of 2,359.5m2 equivalent to a plot ration of 0.65:1.
The proposed part enclosure of the balcony area of Unit 6 is recommended for approval however
the applicants proposed change to condition 8 is not supported. The applicants requested
wording as follows:
8. All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
such as shutters, louvres glass panelling or the like, with exception of Unit 6, which
provides for two large glass windows along the eastern edge located above the balustrade
that open outwards and glass louvres along the north edge.
The suggested wording provides a specific design outcome for Unit 6 and will be problematic
should the owners of other units seek to make alterations to their balconies. In order to
accommodate the change proposed by this application and any future changes to other
balconies, should they be supported, the following wording is suitable:
8. All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
such as shutters, louvres glass panelling or the like unless otherwise shown on the
approved plans.
Page 30 of 95
Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
4. CONCLUSION & REASONS FOR DECISION
This application is a request for a pre-request response notice regarding a proposed minor
change to the existing development approval. The proposed change includes the part enclosure
of the balcony area of Unit 6, equivalent to 10.3m2. The additional floor area represents a 1.9%
increase in the GFA on the site.
The additional GFA is considered minor and does not result in the development presenting an
appearance of bulk and remains in keeping with existing developments in the area. The
proposed development demonstrates compliance with the Overall Outcomes of the Eastern
Beaches Locality Code.
Departments/Sections Consulted:
x Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 31 of 95
Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Page 32 of 95
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Page 33 of 95
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
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Page 33 of 95Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Attachment 2
Figure 1 – Balcony Photos
Page 34 of 95
Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Figure 2 – Balcony Photos
Page 35 of 95
Section 36
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Figure 3 – Presentation to David Low Way
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
5 MCU16/0130 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
A HARDWARE AND GARDEN & LIFESTYLE CENTRE AT 101 EUMUNDI NOOSA
ROAD, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Wilhelm Koschade
Environment and Sustainable Development
Index ECM / Application / MCU16/0130
Attachments 1. Proposal Plans (Current)
2. Proposal Plans (Superseded)
APPLICATION DETAILS
Applicant Noosaville Medical & Professional Centre Pty Ltd
Proposal Development Permit for Material Change of Use of Premises -
Retail Business Type 6 (Hardware) & 7 (Garden & Lifestyle
Centre)
Properly Made Date 19 June 2016
Information Request Date 24 November 2016 (1st Information Request)
31 July 2017 (2nd Information Request)
Information Response Date 05 February 2017 (1st Response)
03 August 2017 (2nd Response)
Decision Due Date 22 December 2017
Number of Submissions 9 Properly Made Submissions (5 Support, 4 Object)
0 Not Properly Made Submission
PROPERTY DETAILS
Property Address 101 Eumundi Noosa Road, Noosaville
RP Description Lot 1 RP 230931
Land Area 3,736m2
Existing Use of Land Poolside Noosa
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville Locality
Zone Attached Housing Zone
Overlays Natural Hazards Overlay (Acid Sulfate Soils)
Assessment Type Impact
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RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 December 2017 regarding Application No. MCU16/0130 for a
Development Permit for Material Change of Use for Retail Business Type 6 – Hardware and
Retail Business Type 7 – Garden & Lifestyle Centre, situated at 101 Eumundi Road, Noosaville
and:
A. Issue a Development Permit for Material Change of Use for Retail Business Type 6 –
Hardware and Retail Business Type 7 – Garden & Lifestyle Centre in accordance with the
following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
SK02-01 B Proposed Site Plan, prepared by Epoch Architecture 02/02/2017
SK02-02 B Proposed Floor Plan, prepared by Epoch Architecture 02/02/2017
SK02-03 B Elevations, prepared by Epoch Architecture 02/02/2017
Building Height
3. The maximum height of the development must not exceed 8.0 metres above the
finished ground level and the natural ground level.
Performance Bond
4. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to the issue of a Development Permit for Building Works. The cash
bond or trading bank guarantee will be returned on performance of the conditions of
approval less any costs incurred by Council in respect of enforcing performance of
this permit. Council reserves the right to call upon the bond or guaranteed sum to
effect compliance with conditions.
Street Identification
5. The street address of the development must be clearly visible and discernible from
the primary frontage of the site by the provision of a street number and, where
appropriate, the building name.
Water & Sewer Connections
6. An underground connection to reticulated water and sewerage must be provided to
the development site in accordance with the standards and requirements of Northern
SEQ Distributor–Retailer Authority (Unitywater).
7. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to the development site.
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Nature and Extent of Approved Use
8. The approved use must not operate outside the hours of:
a. 7am to 6pm Monday to Friday
b. 9am to 5pm Sunday or any public holiday
9. Any ancillary coffee shop associated with the Garden & Lifestyle Centre use is limited
to a maximum floor area of 45m2 or 10% of the floor area of the existing building,
whichever is the lesser.
10. Any ancillary coffee shop and associated use area must be located wholly within the
existing building.
11. The approved 462m2 outdoor display area is limited to the display of goods
associated with and consistent with the approved Garden & Lifestyle Centre use.
12. The requirements of this condition must be included in the Community Management
Statement for any body corporate for the subject site.
13. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and
not at all on Sundays or public holidays. The requirements of this condition must be
included in the Community Management Statement for any body corporate for the
subject site.
Building Appearance
14. The development must be finished with subdued external building colours.
Noise
15. Mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc on site should be situated within the building or suitably
provided with noise reduction measures and located as to prevent a noise nuisance
beyond the boundary of the premises and not exceed the levels specified in Table 1.
TABLE 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
Noise level at noise sensitive place measured as the adjusted
PERIOD
maximum sound pressure level (L10, adj,T)
7am – 6pm Background noise level (L90,T) plus 5 dB(A)
6pm – 10pm Background noise level plus 5 dB(A)
10pm – 7am Inaudible
NOISE LIMITS AT A COMMERCIAL PLACE
Noise level at a commercial place measured as the adjusted
PERIOD
maximum sound pressure level (L10, adj,T)
7am – 6pm Background noise level (L90,T) plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
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16. When requested by Council, a Noise Impact Assessment Report (NIAR) showing
monitoring and recording of noise levels must be undertaken to investigate any
complaint (other than a frivolous or vexatious complaint) caused by noise emissions
from operations at the premises. Such monitoring must be undertaken within a
reasonable and practicable timeframe nominated by Council and be performed by a
suitably qualified person in accordance with accepted guidelines and standards. The
report is to be submitted to Council detailing the results of such monitoring and
recommendations for any measures to achieve compliance with limits outlined in
Table 1 of this Decision Notice.
17. Measurement of sound pressure levels (adjusted for tonality and impulse) must be in
accordance with Australian Standard AS1055.1 “Acoustics – Description and
measurement of environmental noise – General procedures”.
18. For the purpose of measuring and certifying relevant noise conditions and reporting
(eg. equipment, air conditioning units, motors, electrical generators, compressors,
etc), a suitably qualified person is either:
a. a Registered Professional Engineer of Queensland, or
b. an environmental consultant with a minimum of 3 years current experience in
the field of acoustics.
Lighting
19. Light sources at the premises must be positioned and shielded to prevent light
spillage outside the boundaries of the premises.
20. When requested by Council, a Lighting Report (LR) showing monitoring and
recording of lighting levels must be undertaken to investigate any complaint (other
than a frivolous or vexatious complaint) caused by light emissions from the premises.
Such monitoring must be undertaken within a reasonable and practicable timeframe
nominated by Council and be performed by a suitably qualified person in accordance
with the relevant Standard. The report is to be submitted to Council detailing the
results of such monitoring and recommendations for any measures to achieve
compliance with the Standard or as otherwise directed.
21. Outdoor lighting associated with the premises must be designed, sited, installed and
operated 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.
Landscaping Works
22. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval, Planning Scheme Policy 3
“Landscaping Plants and Guidelines” and properly prepared landscape plan by a
qualified person* and must include in particular:
a. The landscaping areas shown on the approved Floor Plan (Plan No. SK02-02,
dated 02/02/2017);
b. A minimum 3 metre wide densely planted landscaping strip to the full length of
the sites frontage to Eumundi Noosa Road (excluding location for driveway and
crossovers). Landscaping must provide visual buffering of the development
from the road through the planting of vegetation that is in scale with the
building;
c. A minimum 2 metre wide densely planted landscaping strip to the full length of
the eastern and southern boundary. Landscaping must provide visual buffering
of the development from any adjoining residential properties through selection
of appropriate species achieving adequate heights; and
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d. One x 100 litre street tree with a mature height of 4m located within the road
reserve south of the existing crossover.
23. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures
healthy, sustained and vigorous plant growth. All plant material must be allowed to
grow to full form and be refurbished when its life expectancy is reached.
Waste Disposal
24. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial
and Industrial Premises”. The facilities must include an external impervious area
correctly sized for all refuse and recycling containers and suitably screened from
public places and neighbouring properties. A bin wash area is required with a cold-
water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain
outlet must be designed to prevent storm water entry to the sewerage system. This
can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max
0.5m²), or alternatively the waste area can be roofed, or any other design approved
by Council.
25. 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.
ENGINEERING
Frontage Works
26. The existing masonry planters boxes located adjacent to the Eumundi Noosa Road
frontage must be removed and/or relocated to be wholly within the subject site
Site Access and Driveways
27. A sealed access driveway must be provided from Eumundi Noosa Road 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:
a. a new driveway crossover adjacent to the northern site boundary. The driveway
must be in accordance with Council’s standard drawing number RS-051 and
located to not interfere with the existing access to the adjoining property.
b. the northern driveway must be for left turn entry only.
c. the southern driveway must be for left turn exit only.
d. internal driveways between the entrance driveway, the carparking areas and
the exit driveway.
e. suitable safety measures, including warning signage, to improve driver
awareness of pedestrians and enhance pedestrian safety. Warning signage
must be provided near the exit driveway to warn motorists of pedestrian
movement along the frontage street.
Car Parking
28. A minimum of 16 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:
a. pedestrian routes between the carparking area and the business use.
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b. dimensions, crossfalls and gradients in accordance with Australian Standard
AS/NZS2890.1:2004: Parking Facilities.
29. 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.
30. Directional signage must be provided to direct visitors and customers to the car
parking spaces provided on site.
Stormwater Drainage
31. 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 and be generally in accordance with drawing number 16789-SK001
Revision A dated 1 February 2017 prepared by TOD Engineers and Project
Managers
Electricity and Telecommunication Services
32. 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.
33. 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
34. 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.
35. 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.
36. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
37. All fill and associated batters must be undertaken in accordance with an Operational
Works approval, and contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council.
38. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All
retaining walls that are publicly accessible and exceed 1.0m in height must be fitted
with a commercial grade safety fence.
Damage to Services and Assets
39. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the
development.
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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 grounds sufficient to support the proposal:
1. The land enjoys existing use rights for various uses including some industrial uses
with the potential to generate off site impacts. The proposed development seeks
approval for a reduced range of uses able to operate from the site which are
considered more compatible in the area; and
2. The development offers various improvements to the site and provides an improved
interface between adjoining residential uses. The proposed building renovations and
landscaping outcomes collectively improve the visual amenity of the site and are
considered an overall community benefit.
REPORT
1. PROPOSAL
The application seeks approval for a Material Change of Use for a Retail Business Type 6 –
Hardware and Retail Business Type 7 – Garden & Lifestyle Centre.
The applicant suggests that the proposed uses generally reflect the existing use rights on the
land, which also includes the pool shop use that has existed on the land for a number of years
without approval.
Existing use rights over the site relate to an approval issued by Council on 23 May 1977 for
“Renovations to an existing building to permit hardware store/tyre & wheel alignment service,
office, storage and cabinet maker”. The applicant suggests the Hardware component is
consistent with existing use rights while the proposed Garden & Lifestyle Centre reflects the
current unlawful pool shop business which in the past has sold pools, spas, outdoor furniture,
garden ornaments and the like, akin to the Planning Scheme definition of a Garden Centre use.
Built Environment
The applicant intends to renovate the existing 454m2 building which includes aesthetic upgrades
to improve the overall building appearance and presentation. The aesthetic improvements
include a new render to the existing block wall, a combination of lightweight and metal cladding to
the building elevations, a new awning to Eumundi Road frontage, new windows, sliding doors
and re-sheeting of the existing roof. The building will be finished with subdued colours and muted
tones. Proposal plans are provided in Attachment 1.
The application also proposes to retain an existing 74m2 storage shed located in the north-
eastern corner of the site and intends to demolish (at a later date) an existing building
encroaching over the common boundary of 105 and 101 Eumundi Noosa Road. Both lots are in
the same ownership however the 101 Eumundi Noosa Road is only subject to this application.
Approval is also sought for a separate 462m2 outdoor display area which the applicant suggests
has been historically used for the sale of pools, spas, garden ornaments and the like, in
association with the current pool shop. The applicant has not indicated what this area is intended
to be used for.
Revitalised soft landscaped areas are proposed which include a 3.0m soft landscaped setback to
a portion of the site’s frontage to Eumundi Noosa Road, a 2.0m landscape strip along a majority
of the rear boundary and some internal landscaped areas.
A stormwater detention basin is proposed in the south-eastern corner of the site intended to
collect stormwater runoff from the impervious areas.
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Carparking & Access
The application proposes to re-use the existing crossover located central to the sites frontage in
combination with a new sealed crossover proposed in the north-western corner of the site. The
new entry point provides access off Eumundi Noosa Road and circulates to the rear of the site
via a sealed internal driveway where 21 carparks and a turnaround bay is proposed. 3 car
spaces are also proposed in tandem along the western front elevation.
The applicant has indicated that Lot 105 Eumundi Noosa Road is intended to be used for a
temporary car park as an interim use.
2. SITE DETAILS
2.1. Site Description
101 Eumundi Noosa Road
The subject site has an approximate frontage of 61m to Eumundi Noosa Road and has a minor
slope from the north-western to the south-eastern corner. Ground levels range from 17m – 19m
Australian Height Datum (AHD) with the lowest point of the site located in the south-eastern
corner.
The site does contain some scattered vegetation which is generally of low environmental value
and/or invasive species.
Existing development comprises a 454m2 commercial building, two sheds (1 encroaching over
common boundary of lot 105), informal gravel car parking area, sealed cross over and various
landscaped areas. A display area previously associated with the pool shop use is located directly
south of the commercial building.
A locality plan is provided below in Figure 1.
Figure 1 – Locality Plan
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2.2. Surrounding Land Uses
The subject site is 101 Eumundi Noosa Road which abuts lot 105 Eumundi Noosa Road which is
currently used for residential purposes. The site has frontage to Eumundi Noosa Road and
adjoins numerous residential lots to the south-east with frontage to Regatta Circuit. A battle axe
lot is located directly to the east which is currently used for an industrial business (Klinge
Scaffolding).
Land uses within the immediate vicinity generally comprise residential uses to the east and north
(detached dwellings), a community use to the south (Good Shepherd Lutheran College) and
open space use to the west across Eumundi Noosa Road.
A mixed use development (Ecom Noosa) is located directly to the north of the site at 95 Eumundi
Noosa Road and consists of small scale offices for start-up businesses and an ancillary café
area. This use was approved by Council on 4 February 2013 based on the following grounds:
the existing building is being reused with limited building work required to accommodate
the new development;
c. the proposed development results in a less intense use located adjoining residential
uses;
the proposal is transferring from one business use (garden centre) to another (offices),
which will not result in further impacts on adjoining neighbours; and
The use is limited to day time operations and not reliant on passing traffic for business, with
clients generally attending the site by appointment only. As a result, the development is
unlikely to generate high volumes of traffic.
2.3. Background
Existing Approval
On 23 May 1977, Council issued a Town Planning Consent (TPC 658) for “Renovations to an
existing building to permit hardware store/tyre & wheel alignment service, office, storage and
cabinet maker”.
On 27 August 2015, written advice was sought from a prospective purchaser requesting
clarification of existing approvals and use rights over the site in conjunction with whether the
existing pool shop (‘Poolside Noosa’) enjoys existing use rights under the TPC 658 approval.
Council provided written advice on 3 September 2015 (WA15/0036) stipulating that the only
relevant planning approval over the site comprises “Renovations to an existing building to permit
hardware store/tyre & wheel alignment service, office, storage and cabinet maker” (TPC 658).
Council further advised that “From limited information on the file it would appear the pool shop
and associated pool display had been operating prior to 1993. There is no evidence of a change
to the original approval or an application to seek another use at any time and therefore the pool
shop has been operating in breach of the approval for many years. An application to seek
approval for the existing business would be required should the use intend to continue.”
On 7 October 2016 Council issued a Standard Planning and Development Certificate confirming
existing non-conforming use rights apply over the premises for hardware store/tyre & wheel
alignment service, office, storage and cabinet maker.
Building approval was issued on 21 September 1984 for the existing shed located in the north-
eastern corner of the site. Based on limited information on the file there is no evidence to suggest
the existing shed was part of the original approval however correspondence on the file suggests
the shed was permitted for use for storage purposes.
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Application History
The development application has been subject to two changes. Originally a development
application for a Material Change of Use for Retail Business Type 6 – Hardware, Retail Business
Type 7 – Garden & Lifestyle Centre and Industrial Business Type 2 – Production, Alteration,
Repackaging and Repairing (Low Impact Industries & Service Industries) situated at 101
Eumundi Noosa Road, Noosaville was submitted to Council and properly made on 28 October
2016.
The applicant suggested the uses being applied for generally reflect the uses that have occurred
on the land, either currently or historically and that the proposed uses are generally consistent
with the current development approval (TPC 658) and the existing Pool Shop use.
The application proposed to retain the existing commercial building/use areas and indicated the
following site improvements would accompany the proposal:
“new northern access clear of the existing access over the adjoining land to the north
(Klinge land);
new sealed parking and manoeuvring areas and provision for 21 sealed carparking spaces
and gravel hardstand area for any overflow parking, if required;
maintenance works for the existing outdoor display area with provision for at least 2.0m of
landscaping to the frontage;
additional landscaping to the frontage in front of the existing building, extending partly
within the road reserve, in a similar manner to that existing, but being improved;
removal of all asbestos from the existing building, with new fascia, guttering and roofing to
be provided; and
New lightweight cladding and render to existing walls.”
Acknowledging the existing use rights, reuse of the existing building, various site improvements
and retention of approved gross floor areas/use areas, Council officers generally indicated their
support for the application. Council officers did express concern in respect to the extent and
range of industrial uses proposed given the site’s residential zoning.
Upon undertaking a dilapidation report and following discussions with Council officers relating to
the nature of the industrial uses being proposed, the applicant decided to change the proposal.
The dilapidation report revealed that the existing building contains a significant amount of
asbestos and is otherwise in poor condition. The applicant indicated that the existing building will
need to be demolished and replaced by a new building and subsequently requested Council to
suspend any further assessment of the application.
On 13 June 2017, the applicant submitted a change to the application. The amended application
sought the following approvals:
Preliminary Approval to Reconfigure a Lot (Boundary Realignment); and
Development Permit for Material Change of Use of Premises - Retail Business Type 6 -
Hardware & 7 - Garden & Lifestyle Centre, Commercial Business Type 1 - Office and
Industrial Business 2 - Production, Alteration, Repackaging & Repairing (limited to Service
Industries).
The reconfiguration of the lot related to a realignment of the common boundary of 101 & 105
Eumundi Noosa Road and intended to create two rectangular shaped lots. The applicant
suggested the realignment removes the irregular boundary allowing for proposed Lot 101 to
better accommodate the proposed Material Change of Use while increasing the usability of Lot
105 to accommodate a future residential use.
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Similar to the original proposal, the applicant suggested that approval is sought for the various
uses to rationalise existing use rights over the land at 101 Eumundi Noosa Road while obtaining
retrospective approval for the pool shop and associated display area.
The amended application included a proposal to demolish the existing commercial building and
other associated sheds and redevelop the site entirely. A new split design, two storey commercial
building with a gross floor area of 710m2 was proposed. Approval was also sought for a 355m2
outdoor display area. Proposal plans are provided in Attachment 2.
The amended proposal also provided various improvements to the site when viewed from
Eumundi Noosa Road including an improved interface between adjoining residential uses.
Revitalised landscape areas, driveway and carparking upgrades and a stormwater detention
basin formed part of the application.
The application was to be considered by Council at the Planning and Environment Committee
meeting of 10 October 2017, and was recommended for refusal for various reasons which
primarily include:
The proposed development is inconsistent with The Noosa Plan’s zoning intent for the site
for multiple housing forms which retain a high level of residential amenity, design quality
and safety;
The proposed redevelopment of the site would have resulted in an intensification and
expansion of commercial and industrial uses in an area which is intended to be developed
for multiple housing; and
Over time it is considered that sites with non-conforming uses, will be redeveloped in line
with the zoning intent in place at the time.
Prior to Council considering the application, the applicant submitted a change to the application.
The changed application consists of the current proposal for Council’s consideration (Attachment
1).
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
Any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
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3.2. State and Other Statutory Instruments
State Planning Policies
State Planning Policy July 2014
The above State Planning Policies have been deemed by the Minister for Local Government and
Planning as appropriately reflected in the Planning Scheme and therefore do not warrant a
separate assessment.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and is zoned Attached Housing. The
proposed uses are identified as inconsistent uses within the zone and are required to follow an
impact assessable application process.
Locality Provisions
The subject site is located in a residential zone. A zoning plan is provided below in Figure 2. The
Noosa Plan zones the site (including all lots between the Good Shepherd Lutheran School and
Headland Drive, Noosaville) for Attached Housing with the desired Overall Outcomes for the land
being:
“…preservation of land for residential uses, specifically for multiple housing forms which
accommodates residents and visitors predominantly multiple housing forms that:
contribute to a high level of residential amenity, design quality and safety;
respect the scale and character of the streetscape and surrounding development;
Are located within convenient access of employment centres, goods and services, public
transport and community facilities.”
Aside from residential home-based businesses and an estate sales office, The Noosa Plan
nominates all other business uses as inconsistent uses for the zone requiring an impact
assessable development application. Other uses including Community Uses, Infrastructure Uses
and Agricultural Uses are listed as inconsistent impact assessable development as they are
considered incompatible with surrounding residential development.
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No. 101
No. 105
Figure 2 – Zoning Plan
The site currently enjoys existing use rights for various uses including a hardware store, tyre &
wheel alignment service, cabinet maker, office and associated storage. Without obtaining further
approval, any of these uses can lawfully operate from the existing 454m 2 building. The proposed
462m2 outdoor display area however does not form part of the existing use rights over the land.
The application seeks approval for a Retail Business Type 6 (Hardware) & 7 (Garden & Lifestyle
Centre) both of which are recognised as inconsistent uses within the Attached Housing zone.
The applicant acknowledges lawful use rights exist for a hardware store, however has re-applied
for the use for purposes of consistency with the current definition under The Noosa Plan.
Although approved under a different Planning Scheme, the proposed Hardware use raises
minimal concern as it is considered the likely impacts are expected to be the same. Both uses
are comparably defined under the superseded Scheme of 1973 and The Noosa Plan and
therefore are unlikely to give rise to new or additional impacts.
Retrospective approval is sought for the pool shop use (Garden & Lifestyle Centre) which has
been operating in breach for a number of years. The proposed 462m2 outdoor display area is
intended to compliment the Garden & Lifestyle Centre use.
The applicant suggests the proposed use characterises the existing pool shop which has
historically sold pools, spas, garden ornaments, outside furniture and other bulky goods intended
for the home and garden. Based on Council records, the pool shop and associated outdoor
display area operated since at least 1993. It is further noted, Council have not received any
complaints regarding the pool shop use and associated display since its original commencement.
Pursuant to The Noosa Plan’s definition, a Garden & Lifestyle Centre may include an ancillary
coffee shop which does raise some concern with regards to potential noise impacts to adjoining
residential uses. To ensure an ancillary coffee shop remains incidental and subordinate to the
Page 49 of 95
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
primary use on the land, it is recommended to include a condition of approval limiting the floor
area designated to an ancillary coffee shop whilst requiring the use to operate wholly within the
existing building with no associated outdoor use areas.
Although approval is sought for a Garden & Lifestyle Centre which is identified as an inconsistent
use on the land, the range of incompatible uses lawfully able to operate from the site is being
reduced. These include industrial businesses such as a mechanical workshop and cabinet maker
which have the potential to generate greater offsite impacts.
The application offers various improvements to the site when viewed from Eumundi Noosa Road
and provides an improved interface between adjoining residential uses. The proposed building
renovations and landscaping outcomes collectively improve the visual amenity of the site and are
considered an overall community benefit.
3.4. Site Zoning Considerations
Council’s Strategic Planning section provided comment regarding the zoning intent of the site
and nearby lots included in an Attached Housing Zone. Strategic Planning confirmed the zoning
of the subject site and nearby lots was a very conscious and deliberate zoning change following
extensive investigation and community consultation when options for other uses including
commercial, lifestyle and aged care options were considered. Background regarding re-zoning
considerations of the site is provided below.
“As part of amendments to The Noosa Plan in 2008, a special precinct was initially proposed on
Eumundi Noosa Road north of the Good Shepherd Lutheran School and south of Headland
Drive. At the time, the special precinct included 10 properties of various sizes. Following
community consultation, Council at its Special Meeting on 7 April 2005 resolved to instruct staff
to further review the area.
While detailed investigations were carried out in 2006, agreement on the best future of the
stretch was still not reached. In 2008 a proposed amendment sought to include the strip in
Attached Housing with a special precinct and land use and development criteria applied so that it
might be used for attached housing as well as professional offices, medical centres, significant
home-based businesses, garden and lifestyle centres and childcare centres.
Various submissions were received and considered with a high proportion of adjoining owners
opposed to the proposal. It was noted that there were vacancies in each established business
centre and industrial estate between Noosa Heads and Tewantin and the Shire Business Centre
was only partly developed. It was considered that allowing for new retail or commercial uses
outside of these centres undermines the integrity of the centres and creates nuisances within
residential areas.
Given however there was need for affordable housing, comprising of small dwelling units in areas
close to existing centres, this stretch of land, in close proximity to a number of employment and
service hubs including the Shire Business Centre, the industrial estate, the nearby professional &
medical centre, Wallace Estate, Noosa Hospital and a large school was seen as having
significant potential. At the time Council specifically noted that a larger lot such as 101 Eumundi
Noosa Road with an area of 3,740m2 could accommodate up to 37 people based on residential
density requirements. It was also noted that access arrangements for the sites in question would
be a critical consideration as redevelopment of properties in the subject area has the potential to
impact traffic flows and traffic safety on Eumundi Noosa Road.
As a result of considerations Council specifically resolved to include the land in the Attached
Housing Zone and remove any reference to a special precinct that would allow for a wider range
of uses or different planning provisions than those of the Attached Housing Zone elsewhere in
Noosaville. Existing uses would however retain their lawful rights.”
Page 50 of 95
Section 51
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code;
Landscaping Code; and
Engineering Works Code.
The application has been assessed against each of the above applicable codes and found to
generally comply.
Overlay Provisions
Not Applicable
4. CONSULTATION
IDAS Referral Agencies
Not Applicable
Other Referrals
The application was forwarded to Council’s Development Engineering specialists.
4.1. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. Nine properly made submissions were received (5 support and 4 objections).
The following table provides a summary and assessment of the issues raised by submitters.
Issues Comments
It is preferable to have the land zoned for It is considered that business/commercial uses have
mixed business/commercial uses as opposed the ability to generate greater impacts to that of
to a residential zone which would allow for unit multiple housing developments.
developments which may cause amenity
issues.
The land is zoned for Attached Housing and The submission was prepared based on the
the proposal is in conflict with The Noosa Plan. superseded application which sought approval for a
The proposal seeks to expand industrial uses broadened range of business and industrial uses.
over the site which will result in amenity
impacts and makes no attempt to provide uses
more consistent with the zoning of the site.
Collectively, the range of uses proposed as
part of the application are extensive and
inappropriate for the residential area in which
they are contained.
The site is significantly impacted when there is Various improvements are offer to the site including a
rainfall and the new development must provide new stormwater detention basis intending to
improved solutions for stormwater drainage. accommodate runoff from the site and new
Existing trees on the site are within proximity to impervious areas.
residential areas to the east and need to be The removal of vegetation to protect assets can be
removed. undertaken via a separate application and is not
relevant to this application.
The material change of use will set a precedent Each application must be assessed on its own merits.
for all the land designated attached housing It is noted that site enjoys non-conforming use rights
and will down value properties adjoining. for various business uses.
Page 51 of 95
Section 52
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
5. CONCLUSION
The application seeks approval for a Material Change of Use of Premises to permit Retail
Business Type 6 (Hardware) and Retail Business Type 7 (Garden & Lifestyle Centre).
The subject site is located in the Noosaville Locality and is zoned Attached Housing. The
proposed uses are identified as inconsistent uses within the zone and are required to follow an
impact assessable application process.
The land enjoys existing use rights for various uses including hardware store, tyre & wheel
alignment service, cabinet maker, office and storage. The proposed Hardware use raises no
major concern as the use is not likely to generate greater impacts beyond what’s expected under
current use rights which permits the same use to operate without further approval.
Retrospect approval is also sought for a proposed Garden & Lifestyle Centre which the applicant
suggests is best suited to the pool shop use and associated outdoor display which has operated
from the site prior to 1993. It is noted such a use may include an ancillary coffee shop which
raises some concern with regards to offsite impacts. Conditions of approval have therefore been
included limiting the extent of the floor area.
Although approval is sought for uses inconsistent with the zoning of the land, the range of
incompatible uses lawfully able to operate from the site is being reduced, some of which include
industrial business such as a mechanical workshop and cabinet maker which have the potential
to generate greater offsite impacts.
The application offers various improvements to the site including renovations to the existing
building, revitalised landscaped areas and formalisation of driveway and car parking areas which
collectively improve the visual amenity of the site which are considered an overall community
benefit.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development 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 Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 52 of 95
Section 53
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Page 53 of 95
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
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Page 53 of 95Section 54
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
UTTAR
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Page 55 of 95Section 56
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
6 MCU14/0102.07 MATERIAL CHANGE OF USE AND OPERATIONAL WORK MINOR
CHANGE APPLICATION AND OPW17/0570 SUPERSEDED PLANNING SCHEME
REQUEST FOR OPERATIONAL WORKS SIGNAGE AT 139 EUMUNDI NOOSA ROAD,
NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development
Index ECM/Application/MCU14/0102.07
Attachments 1. Sign Proposal (28 page attachment provided separately to this Agenda)
2. Examples of existing illuminated pylon signs located on
roundabouts in the Noosa Shire as of 21 November 2017
APPLICATION DETAILS
Applicant Inline Property Development Pty Ltd
Proposal Material Change of Use and Operational Work – Minor Change
Application; and
Superseded Planning Scheme Request for Operational Works
– Signage (The Noosa Plan, 16 September 2013)
Properly Made Date 1 November 2017
Information Request Date Not applicable
Information Response Date Not applicable
Decision Due Date 27 November, extended to 22 December 2017
Number of Submissions Not applicable for these applications.
Original MCU – 14 submissions.
PROPERTY DETAILS
Property Address 139 Eumundi Noosa Rd Noosaville Qld 4566
RP Description Lot 2 SP294726
Land Area 5196.88m2
Existing Use of Land Lot 1 & 2 SP294726 has been developed containing a service
station, convenience store and restaurant, industrial and
warehouse type uses with associated car parking and signage.
STATUTORY DETAILS
SEQRP Designation Urban footprint
Locality Noosaville Locality
Zone Industry zone
Page 56 of 95
Section 57
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 December 2017 and:
A. Refuse Application MCU14/0102.07 for a Development Permit for Material Change of Use -
Change to Development Approval, situated at 139 Eumundi Noosa Rd Noosaville for the
following reasons:
1. The proposed sign does not comply with the Overall Outcomes of the Advertising
Devices Code.
B. Refuse a Request to Accept, Assess and Decide a development application (The Noosa
Plan, 16 September 2013) Development Application for Operational Works – Signage,
(OPW17/0570) situated at 139 Eumundi Noosa Rd Noosaville for the following reasons:
1. The proposed sign does not comply with the Overall Outcomes of the Advertising
Devices Code;
2. The proposed sign detracts from the desirable characteristics of the part of the site in
which it is located;
3. The proposed sign is inconsistent with other signs in the Noosa Shire.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
D. Request that the applicant remove the existing concrete mount on the Walter Hay Drive
frontage.
REPORT
1. PROPOSAL
The applicant submitted 2 applications that are intrinsically linked. A superseded planning
request to assess a Development Application for Operational Works – Signage was received 25
October 2017, followed by a request to change a development approval on 30 October 2017.
Material Change of Use and Operational Works – request for a Minor Change
The applicant requests that Condition 114 (b) of the Development Permit for Material Change of
Use and Operational Work for Signage (MCU14/0102) be deleted to remove the provision
prohibiting a pillar sign on the Walter Hay Drive frontage. The condition currently reads:
114. This approval authorises the following signs as defined by the planning scheme and shown on
the Approved Plans. In this regard
a. two (2) freestanding pillar signs fronting the Eumundi Noosa Road to a maximum height of 5m
b. no pillar sign is permitted along the Walter Hay Drive frontage
c. tenant 1, 2, 3, 4 and 5 (as described on the approved plans) wall signs must not exceed a
single sign face area of 4m² and a maximum total sign face area of 10m² each
d. three illuminated signs are permitted facing (or viewed from) Eumundi Noosa Road
frontage, being 2 freestanding pillar signs and one wall sign located on the tenancy of the
Entertainment and Dining business
Superseded Planning Scheme Request – Operational Work - Signage
Pursuant to Section 29 of the Planning Act 2016, the applicant has requested that a proposal for
a freestanding pylon sign be accepted, assessed and decided under the Noosa Plan (16
September 2013). The applicant proposes to erect a 5 metre illuminated freestanding pylon sign
fronting Walter Hay Drive. Refer to Figure 1 – Proposed location of sign, Figure 2 – Proposed
sign and Figure 3 – Proposed illuminated sign – rendering.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Figure 1 – Proposed location of sign (identified by red star)
Figure 2 – Proposed sign
Page 58 of 95
Section 59
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Figure 3 – Proposed illuminated sign – rendering
2. SITE DETAILS
The applications have been made over Lot 2 SP294726, which has frontage to Eumundi Noosa
Road, Lionel Donovan Drive and Walter Hay Drive. Refer Figure 4 – Subject lot for this
application. Lot 1 SP294726 adjoins this lot and both sites have been developed in accordance
with the existing approval over the site (MCU14/0102 and subsequent changes to the approval).
Figure 4 – Subject lot for this application
Page 59 of 95
Section 60
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
2.1. Background
A Material Change of Use was approved in 2015 (MCU14/0102) over Lot 1 & 2 SP294726 for a
mixed use development as follows:
Service station
Convenience store
Restaurant
Retail, industrial and warehouse type uses
Associated car parking and signage.
The site was developed in 2016 and all tenancies have since been filled. At the time, the original
application was publicly notified, 14 properly made submissions were received (1 objection and
13 in support). The objection was primarily concerned with car parking, traffic generation, fuel
storage and the financial viability of existing food outlets.
Changes to this approval are detailed as follows:
MCU14/0102.01 - On 24 September 2015 Council approved a change to the approval which
primarily consisted of including a vehicle drive through to the rear of the food outlet and minor
changes to floor areas and car parking.
MCU14/0102.02 - On 23 October 2015, Council approved a change to the approval to remove
Retail Business Type 6 – Hardware Store from the Material Change of Use approval.
MCU14/0102.03 - On 14 March 2016, Council approved a change to the approval for minor built
form alterations to the entertainment and dining business use and to relocate one pylon sign from
Walter Hay Drive to Eumundi Noosa Road and change approval to locate 3 illuminated signs
facing Eumundi Noosa Road.
MCU14/0102.04 - On 26 August 2016, Council approved a Material Change of Use to include a
showroom within the commercial complex.
MCU14/0102.05 – On 21 March 2017, Council approved a request to make a change to the
existing approval, to include Retail Type 6 Hardware affecting Shop 1 & 2.
MCU14/0102.06 – On 12 July 2017, Council approved a request to make a change to the
existing approval, to include additional floor area of 67m2 constructed as a mezzanine level within
the existing Trade Tools tenancy.
The current approval (MCU14/0102 & OPW15/0051) allows for 2 illuminated pylon signs with a
maximum height of 5 metres on the Eumundi Noosa Road frontage and smaller one (not
illuminated) on the Lionel Donovan frontage. These signs are existing.
The applications discussed in this report relate only to Lot 2 SP294726 as shown in Figure 4 –
Subject lot for this application.
Council’s compliance officer attended the site on 9 August 2017, after a truck was noticed
carrying a large pylon sign on the Walter Hay Drive frontage of the subject site. At that time that
there was no permit to undertake any work on the road reserve and no planning approval for
Operational Works - Signage. Upon the advice of the Council officer, the truck then left the site.
Sign mount and fixtures (for the future desired sign) are existing and it is not clear when these
were constructed however may have been constructed at the time the site was developed.
Page 60 of 95
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
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 State Planning Policy has been deemed by the Minister for Local Government and Planning
as appropriately reflected in the Planning Scheme and therefore does not warrant a separate
assessment.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the
application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Act Regulation 2017 for the SEQ
Development Area.
3.3. Statutory Instruments – Planning Scheme
Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Industry.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of
the assessment are discussed below.
Material Change of Use and Operational Works – Minor Change to the Development approval
The applicant is requesting a minor change that seeks to delete Condition 114 (b) of the existing
approval that currently prohibits a pillar sign on the Walter Hay Drive frontage, as shown in the
proposal section (section 1) of this report.
Superseded Planning Scheme request
Pursuant to Section 29 of the Planning Act 2016, the applicant has requested that a proposal for
a freestanding pylon sign be accepted, assessed and decided under the Noosa Plan (16
September 2013). The applicant proposes to erect a 5 metre illuminated freestanding pylon sign
fronting Walter Hay Drive and set back approximately 0.8-1.0 metre from the boundary.
The Superseded Planning Scheme allowed 1 pylon illuminated sign per frontage (as in road
frontage). Council amended the Advertising Devices Code on 28 October 2016. The amended
code only permits 1 sign per site, thus restricting the ability for a site with multiple frontages to
have 1 pylon illuminated sign on each frontage. This site (2 lots) has frontage to 3 roads.
The proposed sign is defined as a Medium Impact sign under the Superseded Code and Code
assessment is required. The proposed sign is also Code assessable under the current Planning
Scheme. The below table outlines, the applicants view of the overall outcomes and a Council
officer’s assessment.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Assessment – Under the Superseded Planning Scheme - Advertising Devices Code (16
September 2013)
The proposed sign is defined as a Medium Impact sign under the Advertising Devices Code and
is Code assessable. Compliance with the Code is outlined and discussed as follows:
Summary of Overall Outcomes under the Code – Advertising Devices:
Overall Outcomes Applicants Comments Officers Comments
a) Complement and do not The advertising device is It is acknowledged there are
detract from the desirable proposed to be exhibited in an pylon signs on Eumundi Noosa
characteristics of the natural environment which is Road.
and built environment; characterised by commercial However, the intent for this part
buildings and extensive signage of the site (with prominent
and branding. Therefore the frontage to main roads) is that
signage is considered to be landscaping should be the
consistent with the character of dominant feature other than the
the built environment in this built environment.
location.
b) Designed and integrated to The proposed advertising device The developed site already has
minimise visual clutter; is to be located in close proximity 2 illuminated pylon signs fronting
to Eumundi Noosa Road which Eumundi Noosa Road and 1
has a number of other similar pylon sign on Lionel Donovan
pylon signs providing for good Drive.
integration to the existing The proposed signage would
character. contribute to visual clutter,
especially when viewed from the
north along Eumundi Noosa
Road.
c) Do not detract from the The advertising device is The sign is located on a
visual amenity of the major consistent with the character of roundabout that connects two
road network; the surrounding area which does major roads (Eumundi Noosa
not have a high rural or Road and Walter Hay Drive).
residential amenity. As signage
element which is consistent with The proposed sign is prominent
the commercial nature of this on the roundabout of 2 major
area the proposed signage is not roads and is situated in front of
considered to detract existing vegetation. Refer Figure
significantly from the visual 3.
amenity of the road network in It is important to note that Walter
the proposed location. Hay Drive does not have any
existing pylon illuminated signs,
but has 1 pylon sign associated
with a school.
There are no examples of
pylon/illuminated signs on
roundabouts that advertise
multiple tenancies within a site.
Although, in similar comparison,
there are 3 pylon/illuminated
signs associated with petrol
identities and prices. There are
also a few smaller freestanding
signs.
Refer to Attachment 2 –
Examples of illuminated pylon
signs in Noosa Shire
Page 62 of 95
Section 63
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Overall Outcomes Applicants Comments Officers Comments
d) Safely constructed and The sign is to be constructed The site has an existing concrete
secured – not creating a from vacuum formed acrylic and hardstand area with anchor
hazard. will be securely anchored into a points that would secure the
base slab and fabricated by a proposed sign.
reputable fabricator. Therefore
the device is considered to be
safely constructed and obscured.
The following Specific Outcomes of the Advertising Devices Code are relevant to the assessment
of this application:
1. Specific Outcome O1 states: The following advertising devices are inconsistent with the
overall outcomes sought by this Code and are not located in the former Noosa Shire-
a) balloons or other gas filled advertising devices;
b) Blind signs;
c) Attached Flagpole signs;
d) Moving signs;
e) Roof signs;
f) Signs illuminated by, or incorporating, neon lighting;
g) Signs with a sign face area exceeding 4m2;
h) Sky signs;
i) 3-Dimensional signs;
j) Any combination of signs on one premise with a combined sign face area of more
than 10m2
2. Specific Outcome O2 as follows, Advertising Devices:
a) are compatible with the human-scale and character of the locality in which they are
situated;
b) are compatible with the scale, proportion, bulk and other characteristics of buildings,
structures and landscaping; and
c) are designed, sited and integrated so as not to contribute to the proliferation of visual
clutter.
3. Specific Outcome O6 states: Advertising devices respect the scale and nature of
surrounding development and contribute positively to the visual amenity, streetscape,
landscape setting and natural and built environment of where the advertising device is
placed.
Applicant’s comments regarding the areas of non-compliance
The applicant has submitted a visual assessment (Refer Attachment 1 - Sign Proposal) which
has specifically addressed Specific Outcome O1. In summary the applicant concludes that the
proposed sign:
At 5m in height is consistent in size and character of other signage along Eumundi Noosa
Road near the proposed location;
Is not out of scale with the 10m high building behind or tall vegetation;
Is sited around the corner from other similar signage in this location assisting in reducing
the proliferation of visual clutter along Eumundi Noosa Road.
The applicant also advises:
The proposed signage is consistent with the scale of the built form and use of the site. The
proposed signage is consistent with the surrounding commercial streetscapes and built
environment. The proposed sign is the only sign along the North Eastern frontage.
Professionally constructed the sign maintains the generally high level of presentation of
signage in this locality.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Council Officer’s Assessment:
Three (3) pylon signs are already approved on site (2 of which are illuminated). The proposed
sign does not comply with the maximum 4m2 sign face area. The sign is proposed to be 5m high
and 1.8-2.0m wide, resulting in a sign face area of approximately a 9m2 sign face area. It is
estimated that the total sign face area pertaining to the existing and approved pylon signs is
approximately 16m2.
Existing wall signs also currently exceed the total sign area per site of 10m2. In total, it is
estimated that approximately 42m2 of total sign face area is approved over the developed site.
The total sign face area approved on site exceeds the limit of 10m 2 of total sign face area
required under the Code and thus do not comply with Specific Outcome O1. Further approvals
for signage, particularly one that is 9m2 is considered excessive.
The current approval allows for 2 pylon signs on the Eumundi Noosa Road frontage and prohibits
a pylon site on the Walter Hay Drive frontage. With regard to the two approved illuminated pylon
signs on Eumundi Noosa Road, it was deemed at the time of the original approval that any more
illuminated signs relating to the site would adversely impact visual amenity from Eumundi Noosa
Road, particularly at night time. Any additional illuminated pylon signs or additional signage will
be in direct conflict with Specific Outcome O1 & O6.
Although the applicant’s position that the proposed sign is not out of scale with the existing
concrete wall behind the proposed sign is somewhat valid, on balance it is not considered
compatible with the streetscape, surrounding land uses, buildings or existing landscaping, which
is intended to be the dominant feature in this location.
The intent for this part of the site is that landscaping be the dominant feature, especially once the
existing vegetation matures. The sign is proposed in front of the wall and would negatively impact
and detract from the landscaping and the aesthetics attributed to the embellishment of the wall.
The proposed sign will not complement this area. Refer Figure 3 – Proposed illuminated sign –
rendering. An additional sign will result in a ‘proliferation of visual clutter’ in the area, which is
further exacerbated being situated on a roundabout.
The proposed sign results in a large illuminated sign at the end of Walter Hay Drive and in a
prominent location on a major roundabout where two major roads intersect. The positioning may
also be distracting for motorists navigating the roundabout. It is important to note that there are
very few examples of illuminated pylon signs in Noosa and no examples found to be in the same
context as the proposed sign (promoting multiple tenancies).
The plans indicate that the sign is setback approximately 1.1-1.2 metres from the front boundary.
There are no setback provisions under the superseded code. However, the existing code
provision requires a setback that is half the amount of the height of the sign. If assessed under
the current version of the Code, the sign (and mount) would need to be setback 2.5 metres from
the front boundary to comply with the relevant Probable Solution.
4. CONSULTATION
4.1. Referral Agencies
The application was not referred to any Referral Agencies.
4.2. Other Referrals
Not applicable
Page 64 of 95
Section 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
5. CONCLUSION & REASONS FOR DECISION
The proposed sign does not comply and cannot be conditioned to comply with the Overall
Outcomes of the superseded Advertising Devices Code (2013) and is recommended for refusal.
Any additional illuminated pylon signs or additional signage will be in conflict with Specific
Outcomes O1 & O6 and does not comply with the Overall Outcomes of the superseded Code.
The location of the proposed sign is prominent on a roundabout where 2 major roads intersect.
The intent of this part of the site is for the vegetation to mature and be the dominant feature.
Further, there are no other examples in the Noosa Shire of an illuminated pylon sign advertising
multiple tenancies.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service 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 65 of 95
Section 66
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
7 MCU17/0530 DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE
ENTERTAINMENT & DINING BUSINESS TYPE 1 FOOD & BEVERAGE AT 34 MAPLE
ST COOROY
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development
Index ECM/Application/MCU17/0530
Attachments 1. Proposal plans
APPLICATION DETAILS
Applicant Noosa Hot Bread Shop
C/- Martoo Consulting
Proposal Material Change of Use - Entertainment & Dining Business Type
1 Food & Beverage
Properly Made Date 27 September 2017
Information Request Date 25 October 2017
Information Response Date 6 November 2017
Decision Due Date 11 December 2017
Number of Submissions 0
PROPERTY DETAILS
Property Address 34 Maple Street, Cooroy
RP Description Lot 2 RP 1866
Land Area 885m2
Existing Use of Land Showroom
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy and Lake MacDonald
Zone Business Centre Zone
Overlays Heritage Overlay: Heritage Character
Assessment Type Code
Page 71 of 95
Section 72
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 12 December 2017 regarding Application No. MCU17/0530 for a
Development Permit for Material Change of Use - Entertainment & Dining Business Type 1 Food
& Beverage situated at 34 Maple St Cooroy and:
A. Approve the application in accordance with the following conditions:
When Conditions Must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
A100 B Site Plan by Steve Campbell Design 29.10.2017
A300 B Floor Plan by Steve Campbell Design 29.10.2017
A400 B Elevations and Door and Window Schedules by 29.10.2017
Steve Campbell Design
External Works
3. The Maple Street frontage must be upgraded. The works must be undertaken in
accordance with an Operational Works approval and completed prior to the use
commencing. The works must include in particular:
a. removal of the existing layback and reinstatement of the kerb and footpath;
b. removal of the existing island in the frontage of the adjoining property;
c. linemarking of the new on-street parking spaces. The spaces must be generally
in accordance with drawing number A100 Revision B dated 29 October 2017
prepared by Steve Campbell Design.
Nature and Extent of Approved Use
4. The approved use must not operate outside the hours of:
a. 6am to 10pm Monday to Thursday;
b. 6am to 12am Friday and Saturday;
c. 6am to 10pm Sunday or any public holiday.
5. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and
not at all on Sundays or public holidays.
Noise
6. External speakers or amplified music are not permitted.
7. Refuse disposal, particularly glass bottles and the like, must be considerate of noise
at all times.
8. Noise emissions from any new mechanical equipment associated with the
development shall comply with the following requirements:
i. Air-conditioning and Refrigeration
ii. 7am to 10pm: Background + 5dB(A)
iii. 10pm to 7am: Background + 3dB(A)
Page 72 of 95
Section 73
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Car Parking
9. The rear carparking and garaging area must be used for staff parking and deliveries
only.
10. 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.
Stormwater Drainage
11. Stormwater runoff from the development must be connected to the existing drainage
system.
Damage to Services and Assets
12. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
Waste Disposal
13. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial
and Industrial Premises”. The facilities must include an external impervious area
correctly sized for all refuse and recycling containers and suitably screened from
public places and neighbouring properties. A bin wash area is required with a cold-
water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain
outlet must be designed to prevent storm water entry to the sewerage system. This
can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max
0.5m²), or alternatively the waste area can be roofed, or any other design approved
by Council.
14. 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.
Site contamination
15. Within three months of the date of this approval a detailed site contamination
assessment report prepared by a suitably qualified and experienced person in
accordance with the procedures and practices detailed in the National Environment
Protection (Assessment of Site Contamination) Measure 1999 (NEPM) must be
prepared and submitted to Council. The report must conclude:
a. whether any site contamination associated with the dangerous goods
infrastructure within the road reserve is causing, or is likely to cause,
‘environmental harm’ (as defined under the Environmental Management and
Pollution Control Act 1994); and
b. whether any site contamination associated with the dangerous goods
infrastructure within the road reserve presents an occupational health and
safety risk to workers involved in redevelopment of the site.
If the assessment report concludes that remediation and/or management strategies
are necessary to avoid risks to human health or the environment, a proposed
remediation and/or management plan must also be submitted to Council. Any
remediation or management plan involving soil disturbance must include a detailed
soil and water management plan to prevent off-site transfer of potentially-
contaminated soil or stormwater.
Page 73 of 95
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
NB: It is mandatory for any contaminated land investigation documents, including
investigation reports, validation reports and draft site management plans to be
certified by an approved auditor and must have approval from the Department of
Environment and Heritage and Protection (DEHP). DEHP have list of approved
auditors.
16. Ensure that all disused underground hazardous chemical storage tanks comply with
the requirements of the Work Health and Safety Regulations section 366, including.
a. Advise Workplace Health & Safety Queensland (WHSQ) that the tank(s) are no
longer required and,
b. Within 6 months of the date of this approval, supply Council with certification
from WHSQ that all underground tanks have either been removed or are
decommissioned in accordance with the legislative requirements.
17. Within 6 months of the date of this approval the petrol bowser within the road reserve
must be removed.
18. All works required in the road reserve must be re-instated to Council’s satisfaction
and must be carried out in accordance with an Operational Works permit
Dedication
19. Within three months of the date of this approval a 1.50 metre wide strip extending
across the full length of the frontage to Wimmers Lane is to be dedicated to Council
as ‘Road’.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The application relates to the use of 34 Maple Street Cooroy for the purpose of an Entertainment
and Dining Business Type 1 – Food and Beverage. The applicant proposes to convert the
existing building into a bakery and restaurant.
The front portion of the building facing Maple Street is to be utilised for display counters for the
purpose of selling artisan breads, French pastries, coffee (roasted on site) and other baked
goods.
A dining area is proposed to be situated to the rear area of the building, this area is
approximately 155 square metres in area. The remainder of the existing building is to be utilised
for a bakery, commercial kitchen, storage areas, cool rooms, office, cellar and toilets. A staff toilet
area is proposed within an existing garage at the rear of the site.
As part of the proposal, the existing vehicle access onto Maple Street is to be removed and three
additional parking bays provided in the Maple Street road reserve.
The applicant indicates that only small vans are needed to service the proposed use with around
one to two deliveries a day and they will be able to utilise the existing carparking bays at the front
of the site.
The existing garages at the rear of the site are to be retained and utilized by staff for carparking.
The proposed use is intended to be operated 6 to 7 days a week.
The application is before Council as it is recommended that conditions of approval require the
dedication of 1.50 metres of land at the Wimmers Lane frontage and the removal of petrol
bowsers and underground tanks associated with previous use of the land.
Figures 1 and 2 below detail the relevant proposal plans:
Page 74 of 95
Section 75
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Figure 1: Site plan
Figure 2: Floor Plan
2. SITE DETAILS
2.1. Background
There are no previous development approvals applying to the site.
The site has historically used for a service station and garage and more recently for a showroom
for power equipment sales and repairs at the front of the site known as Madill Garage Cooroy.
As a result of the historical use of the site a petrol bowser is situated on the road reserve and four
tanks are situated underground. Two of the petrol tanks were filled with inert material in 1998.
The remaining two tanks, each 4,500 litres, have not been decommissioned. The use of the
petrol bowser and underground tanks continued until at least August 2011.
The site has been in the same ownership since 2015.
Page 75 of 95
Section 76
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
A pre-lodgement meeting was held on 14 August 2017. The proposed plans provided a range of
uses including food market, bakery, office, café and outdoor dining.
During this meeting several concerns were raised with regards to the scale of development,
increased floor area with regard to a shortfall in the provision of carparking on site, access and
plot ratio. In response to the issues raised the applicant made modifications to the proposal and
now proposes to locate all works within the existing building and utilise the building only for a
restaurant/cafe and bakery.
2.2. Site Description
The site is a rectangular shaped lot located at 34 Maple Street, Cooroy and described as Lot 2
on RP1866. The site has an area of 884.95m2 and currently contains a single storey building.
The single storied building extends across the full extent of the Maple Street frontage and
includes a vehicle access driveway that crosses the footpath. An awning and parapet also extend
across the frontage typical of the country town character of the Cooroy main street.
The building extends across two thirds of the site with a rear service area including three service
bays and manoeuvring area accessed from Wimmers Lane.
Figures 3 and 4 below provide a locality plan for the site:
Figure 3: Locality Plan
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Section 77
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Figure 4: Locality Plan
2.3. Surrounding Land Uses
North: Commonwealth Bank
South: Wythes Real Estate
East: Opposite side of Maple Street – Post office and car park
West: Existing industrial premises previously used by Wimmers Soft Drink
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 proposal has been reviewed against the State Planning Policy and due to the use of the
existing building and infrastructure the proposal is consistent with the relevant requirements.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Act Regulation 2017 for the SEQ
Development Area.
Contaminated Land
The site is included on the Environmental Management Register (EMR site id – 10234) due to
the sites previous use as a Service Station. The proposal however does not trigger assessment
or referral under the Planning Regulations 2017 as the Entertainment and Dining Business -
Type 1 is not a sensitive land use and does not involve underground works.
Page 77 of 95
Section 78
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
Cooroy & Lake Macdonald Locality Code
Heritage Overlay
Business Uses Code;
Landscaping Code; and
Engineering Works Codes
The site is included in the Business Centre zone and in the Cooroy & Lake Macdonald Locality
area in which a Type 1 Food & Beverages use is a consistent use which requires a Code
Assessable application.
A review of the proposal against the Cooroy & Lake Macdonald Locality Code, Heritage Overlay,
and Business Uses Code and against the provisions of the Landscaping and Engineering Works
codes has been undertaken and the proposal is considered to meet the relevant requirements.
Discussion of the pertinent issues is detailed below:
Car Parking
The site has previously been used for a service station, vehicle workshop and showroom. Based
on the current use of the site as showroom and a floor area of 560 square metres, a rate of 1
space/50m2 of use area provides the site with a credit of 11.2 spaces, a further 3 spaces are
available within the existing garages to the rear of the site providing for a credit of 14.2 spaces.
The applicant is also proposing to remove the existing layback, reinstate the kerb and footpath
and provide three additional car parking spaces to the frontage of the property.
Under the Noosa Plan 2006, assessment of car parking requirements for Type 1 Food &
Beverages in the Business Centre zone are undertaken in accordance with the following rate.
1 space per 20m2, or part thereof, of use area and outdoor dining area (excluding kitchen
and food storage areas) on the property.
Use area is defined as:
use area means the sum of the area of the premises (exclusive of all walls and columns),
including all storeys, used or intended for use for a particular purpose. The term excludes—
a. the areas (inclusive of all walls and columns) of any lift rooms, motor rooms, air
conditioning or other mechanical or electrical plant or equipment rooms located at
any topmost storey;
b. The areas of any staircases or liftwells;
c. The areas of any common foyer or arcade;
d. The areas of any public toilets; and
e. The areas used for the access, parking and associated manoeuvring of motor
vehicles.
The proposal plans detail an internal area of 542m2. Of this area, 157m2 is to be used for the
restaurant, 30m2 is associated with the bakery whilst the toilets, office and coffee roasting area
comprise a further 50m2. The remaining areas on site are associated with the kitchen, food
storage and common foyer areas.
Figure 5 below details the use areas which have formed the basis of the car parking assessment.
Page 78 of 95
Section 79
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Figure 5: Use areas forming the basis of car parking assessment
Therefore, a total of 237m2 is applicable for car parking assessment which equates to 11.85
spaces.
Based on the existing car parking on site and car parking credits associated with the existing
building and use the proposal therefore complies with car parking requirements as detailed by
the Noosa Plan.
Heritage
The site is also mapped as being located in a Character Area under the Noosa Plan and the
proposal seeks the following changes to the building:
Small existing door to Maple Street to be closed and replaced with a new fixed window to
match existing windows. New rendered masonry to match existing.
New triangular fixed windows with black aluminium frame to be surrounded by zinc
aluminium roof sheeting as existing to be fitted to the rear of the building.
The existing roller door to the rear of the building removed and replaced with sliding doors
due to poor condition of roller door and issues with maintaining a clean food area.
The proposal generally seeks to re-use the existing building in its current form. The minor
changes proposed are consistent with the Heritage Overlay as:
The original architectural style is maintained;
The saw tooth roof form is retained; and
Existing cavities of the building façade are to be filled with fixed glazing.
Wimmers Lane
Wimmers Lane widening
Specific Outcomes O4 and O5 of the Cooroy and Lake Macdonald Locality Code promote the
use of laneways for access to new uses in Cooroy. In particular, Specific Outcome O5 is relevant
to this development having deliveries from Wimmers Lane and reads:
Specific Outcome O5 - Access for new uses is only taken off a laneway where upgrading works
are carried out to the laneway to enable the laneway to accommodate the anticipated levels of
traffic.
Page 79 of 95
Section 80
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Currently, Council does not have a strategy for the use of or for improvements to Wimmers Lane.
However, Council has established a practice of requiring previous developments to dedicate
1.5m of land to Wimmers Lane road reserve or provide a Public Thoroughfare easement. Figure
6 below shows the location of the previous land dedications and approved Public Thoroughfare
easement (yet to be developed). Council’s Infrastructure Planning and Design section indicates
that a Pedestrian and Access study of Cooroy, which will include Cooroy’s laneways is likely to
be undertaken in near future.
Figure 6: Location of dedications and public thoroughfare easement
The reasons for the previous dedications and public thoroughfare easement were:
A development required additional road width to provide safe vehicle access, being located
on the corner of Wimmers Lane and Wattle Street;
a redevelopment immediately adjoining the development on the corner of Wimmers Lane
and Wattle Street extended the road widening;
approval for the redevelopment of the lot abutting the subject site provided continuation of
the road widening; and
the approved development on Emerald Street provided for a Public Thoroughfare
easement to the rear of the site which extended the possibility to widen the Lane
Therefore, a 1.5m wide road widening is consistent with road widening required for other
developments on the southern side of Wimmers Lane and a condition is recommended
accordingly.
Underground petrol tanks and bowser
As a result of the historical use of the site a petrol bowser is situated on the road reserve and four
tanks are situated underground. Two of the petrol tanks were filled with inert material in 1998.
An independent risk assessment for Large Dangerous Goods Location Operating on Council
Footpaths and Lands - Daddows Cooroy Motors, 34 Maple Street Cooroy was undertaken on
behalf of the Sunshine Coast Council by AECOM (dated 31 August 2011)
Page 80 of 95
Section 81
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
The AECOM report identified that there are significant life safety issues and substantial
environmental risks associated with the facility at the subject site. It is also likely that there are a
number of other sites throughout the Shire which present a similar risk attributed to previous use
and associated dangerous goods infrastructure.
As a result of the findings of the report a Council Environmental Health Officer issued a Directive
to Reduce Risk under Section 91 of the Dangerous Goods Safety Management Act 2001. The
directive was issued on 15 December 2011 to the occupier of the land at the time. The current
land owner and occupier are different to the occupier that was issued the directive.
The directive included requirements for the occupier to:
a. permanently cease receiving bulk fuel deliveries to the underground storage system
located on Council footpath;
b. permanently cease dispensing fuel from the pump located on Councils footpath to
members of the general public;
c. permanently cease the dispensing of all fuels from the pump located on Council’s footpath;
d. provide written confirmation to Council’s Healthy Places Unit when fuel dispensing
operations have ceased and decommissioning of the large dangerous goods location had
begun;
e. effectively decommission the large dangerous goods location underground petroleum
storage system in accordance with Australian Standards 1940:2004 and 4976:2008
At around this time the responsibility for the Dangerous Goods Safety Management Act 2001
was transferred from Council to the Workplace Health and Safety Queensland (WHSQ). A
Council Environmental Health Officer provided WHSQ with a brief on 17 January 2012 which
included the following advice regarding follow up work required for the site:
Decommissioning of the underground storage tanks system in accordance with relevant
Standards and removal of pump and pipe work from the Maple Street, Cooroy foot path.
The Dangerous Goods Safety Management Act 2001 was repealed on 1 January 2012, from this
date the Queensland Work Health and Safety Act 2011 regulated dangerous goods and major
hazard facilities. This meant that local governments no longer regulated or enforced matters
relating to flammable and combustible liquids under the Dangerous Goods Safety Management
Act 2001. However, any directives issued prior to 1 January 2012 continued to apply and were to
be actioned by WHSQ inspectors after this date.
Advice has been sought from WHSQ as to whether the underground tanks have been
decommissioned. Additional advice was also sought regarding who has the on-going
responsibility for complying with the requirements of the directive.
WH&SQ’s response includes the following advice:
…..do not believe there were any forced removal of tanks.
Under the Work Health and Safety Act 2011, the Person Conducting a Business or
Undertaking (PCBU) in control of the fuel system is responsible for safely operating and
maintaining the system including notifying WHSQ of its operation of a manifest quantity
workplace (>2500 litres of petrol).
If the PCBU decides to no longer use an underground fuel tank, it is responsible for
ensuring it poses no risk to persons by removing it so far is reasonably practicable.
Otherwise it is responsible for notifying WHSQ of an abandoned tank if it has not been
used to store fuel for up to 2 years or does not intend to use the tank again.
……..In terms of who is the PCBU, this may need to be determined by contractual
arrangements between operators and land owners, contracts of sale etc and would be
expected to be determined during due diligence checking as changes occur. WHSQ has
had no further notifications since 2012 from this business address and a check in 2015
indicated Daddows no longer operated the site.
Page 81 of 95
Section 82
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
This application identifies that unresolved issues associated with the decommissioning of
underground tanks presents a risk.
Dangerous goods infrastructure within the road reserve is associated with a previous use of the
site. The current application before Council is the first application for a Material Change of Use of
the site and provides the opportunity for conditions to be imposed requiring the removal of the
underground tanks. The Planning Act 2016 requires that conditions included as part of an
approval be ‘reasonable and relevant’.
Based on the advice from WHSQ, Council’s Environmental Health unit have advised that it is
appropriate to include conditions to an approval requiring the PCBU to investigate and remove
the underground tanks and petrol bowser
Due to the risk to the community and the resultant risk to Council associated with the presence of
the underground tanks within the road reserve it is considered that it is reasonable and relevant
for conditions to be imposed addressing the dangerous goods infrastructure. This application is
the first Material Change of Use application for the site and will be the only opportunity for
Council to address this matter through the Development Assessment process.
4. CONSULTATION
4.1. Referral Agencies
The application was not required to any Referral Agencies.
4.1. Other Referrals
The application was forwarded to the following internal Council officers whose comments are
included in this assessment of the application:
Development Engineering
Environmental Health
Property
5. CONCLUSION & REASONS FOR DECISION
The application is for a consistent food and beverages use within the Business Centre zone
triggering code assessment which generally complies with the relevant provisions within the
Noosa Plan. The proposal benefits from car parking credits attributed to the previous use of the
site however includes the provision of additional car parking within the Maple Street road reserve.
The historical use of the site as a service station has resulted in dangerous goods infrastructure
being located within the road reserve. It is reasonable and relevant for conditions to address the
decommissioning of this infrastructure. It is also reasonable for a land dedication to allow for a
future upgrade of Wimmers Lane.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws x Property
x Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning x Infrastructure Planning,
Design and Delivery
Page 82 of 95
Section 83
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Page 83 of 95
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Page 84 of 95
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Page 85 of 95
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5 1 1 1 47 4 2159 2289 48 34 96 95Section 86
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
8 MCU16/0153 PLANNING & ENVIRONMENT COURT APPEAL 4066 OF 2017 REFUSAL
OF DEVELOPMENT APPLICATION MULTIPLE HOUSING TYPE 4 CONVENTIONAL
UNITS, VISITOR ACCOM TYPE 4 CONVENTIONAL UNITS & SHARED MULTIPLE
HOUSING & VISITOR ACCOM 215 DAVID LOW WAY PEREGIAN BEACH
DOCUMENT INFORM AT ION
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development Department
Index ECM/ Application /MCU16/0153 /Case /Thomco 2087 Pty Ltd
Attachments Nil
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 12 December 2017 regarding Planning & Environment
Court Appeal 4066 of 2017 and agree to defend the appeal.
REPORT
A report on this application for 26 dwelling units for permanent residency, 20 visitor dwelling units
and 12 permanent/visitor dwelling units at 215 David Low Way, Peregian Beach was considered
by Council at its Ordinary Meeting on 19 October 2017.
At the Ordinary Meeting Council resolved to refuse the application for the following reasons:
1. The proposal development is in conflict with the tourism objectives of the planning scheme
as set out in the:
(i) Desired Environmental Outcomes; and
(ii) Overall Outcomes for the Eastern Beaches Locality Code,
of the Noosa Plan.
2. The proposed development is an inconsistent use in the Open Space Recreation Zone.
3. The proposed development is for a scale and form of buildings which is incompatible with
the informal beachside character of the Eastern Beaches Locality and is contrary to the
Overall Outcomes of the Eastern Beaches Locality Code. Furthermore, the proposal is for
multiple housing, a form of development which under the Planning scheme is limited to
Sunshine Beach.
4. The proposed development ignores the Council’s long-held planning strategy whereby the
site is to be retained for low-cost visitor accommodation.
5. The proposal presents an unacceptable development outcome with respect to adjoining
properties in Rufous Street.
6. The development provides for an inadequate number of car parking spaces.
7. The application has not demonstrated sufficient planning or community need to justify
setting aside the clear conflicts with the Noosa Plan.
8. The proposed works are contrary to the Natural Hazards Overlay Code as the risk from
bushfire has not adequately been addressed and the layout may compromise the safety of
people and property in the event of a bushfire.
Page 86 of 95
Section 87
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
9. The applicant has not sufficiently demonstrated that the development will not adversely
impact upon the specialised habitat for threatened species through discharge of stormwater
through the wetland areas of the National Park.
10. The application for the proposed works has not demonstrated compliance with State
Planning Policy July 2017 Part E Biodiversity as impacts on matters of state significance
have not been adequately addressed.
11. A number of properly made submissions have been received raising valid grounds of
objection.
The applicant subsequently appealed the decision stating that the application should be
approved subject to reasonable and relevant conditions and the respondent (Council) should pay
their costs of the appeal.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting Minutes, 19 October 2017, Item 2, Page 11
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 October 2017 and refuse Applications MCU16/0153 for a
Development Permit for Development Permit for Material Change of Use of Premises - Multiple
Housing Type 4 Conventional (26 units) Visitor Accommodation Type 4 Conventional (20 units)
shared Multiple Housing Type 4 Conventional and Visitor Accommodation Type 4 Conventional
(12 units) (Total 58 units) and REC16/0041 for the Reconfiguration of a Lot (1 Lot into 29 Lots),
situated at 215 David Low Way Peregian Beach
for the following reasons:
1. The proposal development is in conflict with the tourism objectives of the planning scheme
as set out in the:
a. Desired Environmental Outcomes; and
b. Overall Outcomes for the Eastern Beaches Locality Code,of the Noosa Plan.
2. The proposed development is an inconsistent use in the Open Space Recreation Zone.
3. The proposed development is for a scale and form of buildings which is incompatible with
the informal beachside character of the Eastern Beaches Locality and is contrary to the
Overall Outcomes of the Eastern Beaches Locality Code. Furthermore, the proposal is for
multiple housing, a form of development which under the Planning scheme is limited to
Sunshine Beach.
4. The proposed development ignores the Council’s long-held planning strategy whereby the
site is to be retained for low-cost visitor accommodation.
5. The proposal presents an unacceptable development outcome with respect to adjoining
properties in Rufous Street.
6. The development provides for an inadequate number of car parking spaces.
7. The application has not demonstrated sufficient planning or community need to justify
setting aside the clear conflicts with the Noosa Plan.
8. The proposed works are contrary to the Natural Hazards Overlay Code as the risk from
bushfire has not adequately been addressed and the layout may compromise the safety of
people and property in the event of a bushfire.
9. The applicant has not sufficiently demonstrated that the development will not adversely
impact upon the specialised habitat for threatened species through discharge of stormwater
through the wetland areas of the National Park.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
10. The application for the proposed works has not demonstrated compliance with State
Planning Policy July 2017 Part E Biodiversity as impacts on matters of state significance
have not been adequately addressed.
11. A number of properly made submissions have been received raising valid grounds of
objection.
Finance
Should the matter proceed to trial there will be costs in defending the appeal.
Risk and Opportunity
It is premature to advise on potential prospects of the appeal.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes Solicitor
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 88 of 95
Section 89
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
REPORTS FOR NOTING BY THE COMMITTEE
9 DEVELOPMENT ASSESSMENT FEES & CHARGES VARIATIONS FOR 1 APRIL 2017
TO 30 SEPTEMBER 2017
DOCUMENT INFORM AT ION
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development
Index ECM / Subject / Fees & Charges
Attachments Nil
EXECUTIVE SUMMARY
Nil
RECOMMENDATION
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 12 December 2017 regarding the waiver or partial waiver
of development application charges for 1 April 2017 to 30 September 2017 as detailed in the
Report.
REPORT
As part of Council’s budget each year, Council adopts its Fees and Charges for the financial
year, including its regulatory and commercial charges for lodgement of development applications.
The fees and charges policy for development applications cover a number of policy provisions
including delegation to the Director, Environment & Sustainable Development to “partially or
wholly waive a development fee where strict application of the scheduled fee is obviously
unreasonable for the type of application being received.”
This report identifies proposed applications where a fee variation has been granted for the last 6
months. Between 1 April 2017 and 30 September 2017 there were 2 proposed applications
where a partial waiver or full waiver of the development application fees was granted. The tables
below set out a summary of each application and the reason for the fee waiver.
Application No Applicant Application Details Fees & Charges Fee proposed
Policy
RAP15/0033 Chris Clout GIA for Detached House $542 $0
Design
An approval was given for a Detached House at 25 Lorikeet Drive, Peregian Beach. After construction
commenced, complaints were received from the neighbours concerned that the approved works would
impact on their amenity.
Review of the approved plans identified that while the issue had been considered by the officer, the
officer had inadvertently relied on information in their assessment that was misleading and had not
appropriately conditioned the development. Inspection showed that the approved plans for the detached
house would result in significant impacts on neighbouring resident’s amenity.
Council officers subsequently worked with the owners and the owner’s architect to achieve changes to
the plans to address neighbouring amenity concerns. Given the co-operation shown by the owners to
make changes it was agreed that there would be no charge for the application to be made to Council.
Notably, the application was subsequently lodged with Council and changes were made to the detached
house that addressed neighbouring resident’s concerns.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Application No Applicant Application Details Fees & Charges Fee proposed
Policy
OPW17/0204 Building Industrial Estate $1763 $1001
Suncoast Green
Op Works –
Landscaping
The applicant missed lodging the landscaping plans with the joint Material Change of Use and
Operational Works application for an industrial building in the Noosaville Industrial Estate and
subsequently lodged an application for the landscape works separately. The landscape plans were well
prepared and assessment was minimal, with the assessment time being equivalent time to a driveway
application. A reduction of the fees was therefore agreed to be reflective of the minimum application fee
in Council’s fees and charges.
Previous Council Consideration
The fees and charges for development applications were considered by Council at the special
budget meeting in June 2017.
Finance
The agreed variations to the development application fees amounted to a total of $1304 and had
no significant impact on the budget for 2016-17 and are likely to be inconsequential for the 2017-
18 budget.
Risks & Opportunities
The fee variations are considered to be reasonable and are adequately justified.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Nil
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 90 of 95
Section 91
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
10 RECYCLING WEEK 2017
DOCUMENT INFORM AT ION
Author Project Officer, Emma Menzies
Community Services Department
Index ECM/Subject: Waste/Recycling
Attachments 1. Calendar of Events
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Project Officer to the Planning & Environment Committee
Meeting dated 12 December 2017 providing an overview of activities during National Recycling
Week 2017.
REPORT
The purpose of this report is to provide an overview of the activities that occurred during National
Recycling Week 2017.
1. Background
National Recycling Week is a well-established and highly regarded annual education and
behaviour change campaign by Planet Ark. The aim of the campaign is to increase the
environmental benefits, including greater tonnage and less contamination of kerbside, industrial
and community recycling programs. National Recycling Week provides residents with an
opportunity to move towards avoiding waste through changing daily habits to avoid, reduce,
reuse and recycle at home, at work and in the community. Noosa Council has supported the
program for the past two years and the program of events has grown in 2017.
2. Activities and Workshops
Activities organised for the week included information sessions, composting workshops, an
outdoor movie, tour of the Noosa Eumundi Landfill, a repair drop off morning with the Men’s
Shed, e-waste drop off day in partnership with Bunnings and a pre-loved women’s clothing sale
in partnership with Another Woman’s Closet. A new waste app for mobile devices “Recycle
Smart” was also introduced and promoted during the week.
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Section 92
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 DECEMBER 2017
Table 1: Activities & Workshops 13–19 November 2017
Activities & Description & Comments Community
Workshops Engagement
Tour of the Noosa A tour of the Noosa Landfill & Resource Recovery Centre, 20 adults/
Landfill feedback was very positive. children
Info session Noosa An information display was set up after school at the NAC. This 55 adults/
Aquatic Centre included a recycling competition on what can and can’t be children
recycled.
A competition for adults – answer three questions about
recycling and go into the draw to win a self-watering garden
bed and environmental goodies.
Composting & Two composting & growing food in small places workshops 56 adults
growing food in were held at both libraries. Spaces were limited to thirty people
small places per session.
workshops held at Twenty-six attended the Cooroy library & the Noosa library
the Noosa & Cooroy session was booked out.
Library
Feedback was excellent.
Furniture repairs at The community were invited to take along broken furniture to 30 adults
the Men’s Shed be repaired at the Men’s Shed. An information display on waste
& recycling was also set up.
Information sessions Waste & recycling display and competition. People could ask 58 adults
(2) at Noosa Library questions about what can and can’t be recycled and people
went into the competition draw.
Outdoor movie at A free recycling art workshop for children was on from 5.00- 600 adults/
Gympie Terrace 6.30pm. Over 50 children participated. children
A 3-minute speech was given on why we should recycle and
reduce our waste before the movie started.
A short TEDX movie on recycling was shown before the main
movie, Finding Dory.
Waste & recycling display and competitions were held. 30
adults & children asked questions and went into the draw.
Noosa Biosphere also had a stall.
Council received good feedback on the night and positive
comments on Facebook.
Bunnings info Waste & recycling display and competitions. 75 adults/
session & E-waste The Men’s Shed demonstrated how to make things out of old children
drop off Saturday pallets on Saturday. Unfortunately, it rained which meant that
they were not using power tools to make furniture.
We spoke to approximately 50 people on Saturday and 25
people on Sunday.
80 people took advantage of the e-waste collection.
Four cages of e-waste were collected and diverted from landfill.
Another Women’s Council partnered with Another Woman’s Closet for a pre-loved 200 adults
Closet Sunday women’s clothing sale at the Leisure Centre. 47 stalls were
involved and members of the public came along.
Competitions engaged approximately 35 adults who went into a
raffle draw.
Total of direct community engagement 2,000+ people
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