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2020-03-10 Planning & Environment Committee Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 10 March 2020
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson, Tony Wellington
“Noosa Shire – different by nature”
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Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
DEPUTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 MCU19 0134 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
- ENTERTAINMENT & DINING BUSINESS TYPE 3 BAR AT 5 TAYLOR COURT,
COOROY 3
2 132006.1395.05 MINOR CHANGE TO DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE - MULTIPLE DWELLING DWELLING (10 UNITS) AT 142
NOOSA DRIVE, NOOSA HEADS 23
3 MCU19/0054 PLANNING & ENVIRONMENT COURT APPEAL NO 476 OF 2020
REFUSAL OF APPLICATION FOR MATERIAL CHANGE OF USE FOR A MIXED
USE COMMERCIAL DEVELOPMENT SITUATED AT 2-18 & 20 HOFMANN DRIVE,
NOOSAVILLE 44
4 RAL19/0011 PLANNING & ENVIRONMENT COURT APPEAL NO. D7/2020 -
REFUSAL OF APPLICATION TO SUBDIVIDE 120, 126 AND 138 HAPPY JACK
CREEK ROAD, RIDGEWOOD 49
CLOSED SESSION -
Page 2 of 53
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU19/0134 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE -
ENTERTAINMENT & DINING BUSINESS TYPE 3 BAR AT 5 TAYLOR COURT,
COOROY
Author Development Planner, Billy Glover
Environment and Sustainable Development
Index MCU19/0134
Attachments 1. Proposal Plans
2. Approved Site Plan for 39 industrial tenancies
APPLICATION DETAILS
Applicant BNB Super Pty Ltd
Proposal Material Change of Use - Entertainment & Dining Business - Type 3
Bar
Properly Made Date 1 November 2019
Information Request Date 28 November 2019
Information Response Date 10 December 2019
Decision Due Date 19 March 2020
Number of Submissions 0
PROPERTY DETAILS
Property Address 5 Taylor Ct Cooroy Qld 4563
RP Description Lot 5 SP 197517
Land Area Lot 5 SP197517 10,530.66m2
Tenancy 1 146.7m2
Tenancy 11 77.82m2
Existing Use of Land 39 Industrial Tenancies (under construction)
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy & Lake Macdonald
Zone Industry
Overlays Natural Hazard (Bushfire)
Resource (Resource separation area & Water Supply Catchment)
Assessment Type Impact
Page 3 of 53
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 March 2020 regarding Application No. MCU19/0134 for a
Development Permit for Material Change of Use - Entertainment & Dining Business - Type 3 Bar,
situated at 5 Taylor Ct Cooroy and:
A. Refuse the application for the following reasons:
1. The proposed Entertainment & Dining Business – Type 3 Bar use is identified as an
inconsistent use in the Industry Zone of the Cooroy & Lake Macdonald Locality.
2. The proposed site is not suitable for the commercial use being located outside of the
Cooroy business centre, in an isolated location, with no pedestrian connectivity or
accessibility to public transport for patrons to the bar contrary to Specific Outcomes
O30 and O31 and Overall Outcomes d) and f) of the Business Uses Code.
3. The proposal is contrary to Overall Outcomes a) and pp) i of the Cooroy & Lake
Macdonald Locality as the proposed bar:
3.1. will potentially undermine the intended use of the land in Taylor Court for
industrial uses to the exclusion of inconsistent uses; and
3.2. conflicts with the approved industrial uses on the site and hinder industrial uses
operations.
4. The applicant has not satisfactorily addressed that there is sufficient car parking on
site for the proposed use, with limited opportunities for street car parking.
5. The proposed use is specifically identified as an inconsistent use on the site under
the draft planning scheme as industrial land in Taylor Court is intended to be used for
industrial functions only to the exclusion of retail and commercial uses.
B. Advise the applicant may wish to establish a tasting area that is ancillary but incidental and
subordinate to the approved industrial use. Such an ancillary component would not include
the sale of beverages for consumption on site.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The application seeks a Development Permit for a Material Change of Use - Entertainment &
Dining Business - Type 3 Bar to operate in association with a Distillery industrial business.
The applicant describes the proposal as follows:
The applicant intends to occupy approved tenancies 1 and 11. These tenancies will be
used by 20 20 Distillery for a distillery and an associated tasting area. The proposed tasting
area will occupy part of tenancy 1. The tasting area will equate to an area of 39m2 and will
include a tasting bar and seating area. The balance of tenancy 1 and all of tenancy 11 will
be used as a distillery. The distillery will primarily brew vodka, whiskey and gin. It is
envisaged that the tasting area will only operate on Fridays and weekends.
The distillery is consistent with the definition of Industrial Business – Type 2 production,
alteration, repackaging and repairing. This land use is already approved for the site via
Council reference MCU18/0120. Council has confirmed that the tasting area constitutes its
own land use and is defined as Entertainment and Dining Business - Type 3 Bar. It is this
land use which is the subject of this application.
A total of 2 staff will be employed in the 2020 distillery business (industrial and tasting bar).
The tasting bar will operate:
- 3pm to midnight on Fridays;
- 12pm to midnight on Saturdays and Sundays.
Page 4 of 53
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
The applicant proposes the use area of the bar is 39m2 but review by officers indicates the bar
actually has a use area of 55m2.
The locality and proposal plans are included below:
Figure 1 – Site Locality
Figure 2 – Site Plan
Page 5 of 53
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
Figure 3 – Proposed Ground Floor Areas
Figure 4 – Proposed Mezzanine Plan
2. SITE DETAILS
2.1. Background
On 21 November 2018, the following type of approval was issued for the site:
Development Permit for Material Change of Use - Industrial Type 2 Production, Alteration,
Repackaging & Repairing (39 Industrial Tenancies)
Development Permit for Reconfiguring a Lot (Access Easements)
Operational Works (Roadworks, Drainage Works, Landscaping, Stormwater, Earthworks,
Car Parking & Access).
2.2. Site Description
The development is located in a State designated industrial estate, south of the Cooroy township
and has convenient access to the Bruce Highway. The 39 industrial tenancies are currently under
construction, with tenancies 1 and 11 proposed to be used by the distillery and bar.
Page 6 of 53
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
2.3. Surrounding Land Uses
The site is located at 5 Taylor Court, which is part of a 5 lot industrial estate. The industrial estate
is surrounded predominately by rural and residential land uses and land zoned Rural under The
Noosa Plan. The site has nearby vehicular connectivity to the Bruce Highway and is located
approximately 2 kilometres south of the Cooroy township.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the 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 benchmark from the Planning Regulation 2017 applies to the
application:
SEQ Development Area
The proposal is for an urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the
provisions are relevant to the development.
The subject site is located in the Cooroy & Lake Macdonald Locality and is zoned Industry. The
proposed use is identified as an inconsistent use within the zone and is required to follow an
impact assessable application process.
Land Use
The applicant submits the following in support of the application:
The proposed tasting area is 39m2 and occupies approximately 20% of the overall floor
space of the two tenancies. The tasting room is ancillary to the primary, approved industrial
use of the tenancy. There is also a reasonable expectation that a distillery would include a
small tasting area to present, taste and sell product. Whilst Council has confirmed that it
considers the tasting area to comprise its own specific use, it should be noted that the
operation, use and function of the tasting area is wholly related to the primary use, being
the distillery. The use is considered to be complimentary to and typical of a modern
distillery;
The planning scheme definition of an “industrial business” permits the sale of goods
resulting from the industrial activity, with up to 20% of the floor area being able to be used
for this purpose. The proportion of space allocated to the tasting area is consistent with this
percentage;
Page 7 of 53
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
The site is well separated from residential uses, with the nearest house being located
approximately 380m to the east, across the Bruce Highway;
There is sufficient car parking. Four parking spaces are proposed to be allocated to
tenancy 1 and there will be a substantial pool of unallocated parking spaces within the
industrial estate;
The tasting area is only likely to operate on Fridays and on weekends. The peak periods
associated with other land uses in the estate are unlikely to coincide with these timeframes;
The site is within the Lake Macdonald water supply catchment but is located within a
building that is already committed for urban development purposes. There will be no
adverse impacts on the water supply catchment from the proposed use;
The site is already serviced by all typical urban infrastructure including sewer and
reticulated water;
The proposal satisfies all higher order provisions of the planning scheme.
The proposal is contrary to a number of Specific and Overall Outcomes of the Business Uses
Code and Cooroy & Lake Macdonald Locality, as discussed below.
Business Uses Code
Specific Outcomes
O30 Premises have accessibility to public transport.
O31 Business Uses are designed and constructed to encourage users of the development
to access the site by means of foot or bicycle through provision of appropriate end-of-trip
facilities including bicycle parking and shower/change rooms.
Overall Outcomes
d) Business Uses are located where there is an appropriate level of infrastructure and a
wide range of functions to support those uses;
f) Business development has high levels of accessibility and functionality;
Cooroy & Lake Macdonald Locality
Specific Outcome
O1 Uses are located, designed and operated to avoid significant adverse changes to the
light, air quality, noise, accessibility or other conditions enjoyed by users of associated,
adjoining or nearby uses.
Overall Outcomes
a) New uses and works are located, designed and managed to—
i be compatible with other uses and works;
ii maintain the safety of works;
iii avoid significant adverse impacts on the amenity enjoyed by users of other
premises, including acoustic and visual qualities; and
iv avoid significant adverse effects on the natural environment, including native
habitat removal, fragmentation and attrition;
pp) For the Industry Zone—land in this zone—
i accommodates the principal industrial centre of the hinterland including
businesses associated with manufacturing, production, storage, repairs and the
like to the exclusion of inconsistent uses such as residential or community uses;
Page 8 of 53
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
The proposed use is separately defined by the planning scheme and while may be
complementary to the proposed distillery, requires a separate approval from Council and is
contrary to the provisions of The Noosa Plan. The intent of the site’s industrial zoning is to
accommodate industrial uses to the exclusion of inconsistent uses such as the proposed
bar. Retail and commercial uses are intended to be located in the business centre of Cooroy and
not in the industrial areas.
While other distilleries and bars have been approved in the Noosaville industrial area, the Taylor
Court industrial estate is expected to develop for industrial uses in the future. Approval of retail
and commercial uses in the area will undermine its intended function as an industrial estate.
The subject site is also located approximately 2 kilometres to the south of the township and
urban areas of Cooroy. The isolated location is not supported by appropriate public infrastructure,
as there is no footpath nor public transport to connect the site to the township and urban areas of
Cooroy. The applicant has also not proposed a patron bus/tour operation service to the site as
part of the application.
The proposal also seeks to use 2 out of 39 industrial tenancies approved on the site and while
the tenancies are orientated to the front of the site, the proposed bar has the potential to conflict
with the sites approved industrial uses. There is real potential that approved industrial uses will
impact on bar patrons’ amenity and also perhaps more importantly hinder genuine industrial uses
operations resulting in reverse amenity issues.
The table below also identifies that the proposal does not comply with the scheme’s car parking
and end of trip facility requirements.
Criteria Planning Scheme Proposal Complies
Site Area Not applicable Lot 5 SP197517 -
10,530.66m2
Tenancy 1
146.7m2 gross floor area
(including mezzanine)
Tenancy 11
77.82m2 gross floor area
Use area Bar use -
55m2
Industrial use
170m2
Carparking Approved tenancy 1 and 2
2.6 spaces
Bar use
1 space per 10m2 or part
thereof, of use area
= 6 spaces
Industrial use
1 space per 86.5m2
(approved development)
= 2 spaces
Total:
8 spaces 2.6 spaces X
Page 9 of 53
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
Criteria Planning Scheme Proposal Complies
Bicycle Spaces Bar use
2 bicycle spaces
Industrial use
2 bicycle spaces
End of Trip Facilities* 1 locker per 2 bicycle
*(required only where spaces and; 0 bicycle spaces X
5 + spaces are 1 shower cubicle with 0 locker/s X
required) ancillary change room per 2 shower cubicles
10 bicycle spaces
Carparking
The 5,104m2 gross floor area of the approved 39 tenancy industrial development is required to
provide a minimum of 59 car spaces on-site. The minimum 59 spaces was proposed and
approved for the site under MCU18/0120.
Given the 5,104m2 gross floor area of the 39 industrial tenancies and 59 on-site car spaces, each
of the 39 tenancies should reasonably be afforded the use of 1 space per 86.5m2 (5,104 / 59 =
86.5). Subsequently with a combined area of 225m2, the two subject tenancies (tenancy 1 and
11) are afforded the use of 2.6 car spaces.
Despite the applicant’s submission, the actual use area of the proposed bar and associated
industrial distillery is determined and detailed more appropriately as per figure 5 below. For the
purpose of assessing use area and carparking, one toilet/shower (room) has been allocated to
each of the two uses.
Figure 5 – Use area measurements (Council Development Planner)
The use area of the bar (55m2) requires 6 car spaces and the use area of the associated
industrial use (170m2) requires 2 car spaces. Therefore a total of 8 car spaces required, in
accordance with Probable Solution S7.1 of the Driveways and Carparking Code.
Additionally, whilst not proposed, it is noted the mezzanine floor above the bar clearly has the
potential to be used as part of the bar use.
Page 10 of 53
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
The applicant suggests upon completion of the overall development (MCU18/0120) some
tenancies will be allocated specific car spaces (in excess of what would be afforded as outlined
above) and other tenancies will not have any allocated car spaces. The applicant proposes the
subject tenancies (tenancies 1 and 11) will be provided with four car spaces for both the
proposed bar use and associated industrial use. The applicant also proposes the use of a pool of
unallocated parking spaces within the industrial estate. The proposed allocation of car parking is
not consistent with The Noosa Plan and is unlikely to be accepted at the Plan Sealing stage for
the overall development as some tenancies would have insufficient car parking.
The five existing industrial lots at Taylor Court, Cooroy have not yet been developed, however
given the short length of the Taylor Court roadway (approx. 50m) and cul-de-sac design there will
be limited on-street carparking available once the sites are fully developed and operating.
Therefore it is important that on-site carparking is appropriately provided and maintained for all
future uses, particularly given the size and potential development yield of the existing 5 lots.
Overall, given the proposed operating hours of the proposed use and typical operating hours of
industrial uses the on site car parking is considered reasonable though some overlap may occur
on Friday afternoon. A start time of 5pm in lieu of 3pm on Friday is considered more appropriate
and generally able to be conditioned. Similarly, the lack of end of trip facilities could be
conditioned also.
4. DRAFT PLANNING SCHEME
The draft planning scheme (The Noosa Plan 2020) specifically identifies the proposed bar use as
an inconsistent use on the subject site.
The application was referred to Council’s Principal Strategic Planner for advice in relation to the
draft planning scheme. The following advice was provided:
The Noosa Plan expresses the following overall outcomes for this zone:
The overall outcomes sought for the Low Impact industry zone are as follows: -
a) development facilitates the efficient use of land for small scale and low
impacting industry activities and supporting ancillary uses;
b) incompatible uses, or uses which are more appropriately accommodated in
other zones are avoided to protect land for low impact industry activities and to
ensure the continued efficient operation and viability of existing and future
industry activities;
c) development avoids and mitigates impacts such as noise, odour, dust and other
waste on the surrounding area and adverse impacts on the natural environment;
d) development does not compromise the function and viability of business
centres or the Noosa Shire centres hierarchy;
e) new uses are located, designed and managed to be compatible with
surrounding uses and development;
f) retail sales more appropriately located in business centres, such as shops and
showrooms are avoided;
g) small scale retail sales and administrative uses are ancillary to, and have a direct
relationship with, the industry activity on site;
h) food and drink outlets occur only where directly ancillary to and associated
with a bonafide industry activity on-site, are limited in scale and extent, and do
not locate on the western side of Gateway Drive, Noosaville or on land fronting
Taylor Court, Cooroy;
i) entertainment activities are limited to theatres in the form of film making studios or
recording studios;
Page 11 of 53
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
j) offices are trade-related only and do not compromise or compete with the Noosa
Shire Centres Hierarchy;
k) warehouses for self-storage facilities are avoided to protect industrial land from
underutilisation;
l) caretaker's accommodation:
(i) occurs only where directly associated with an industry activity on site and there
is a demonstrated operational need for full-time caretaking;
(ii) is ancillary to the primary non-residential use on the site and a small-scale
component of the building or premises, subsidiary in size, form and function to
the principal nonresidential use of the premises; and
(iii) is occupied by direct employees of the principal non-residential use of the
premises;
m) buildings are well designed, safe and visually attractive;
n) development is low rise building and does not present bulky to the street frontages;
o) energy and water efficiency through built form are maximised;
p) building setbacks incorporate attractive soft landscaped treatments to road frontages.
Greater landscape setbacks are provided to Eumundi Noosa Road, Eenie Creek
Road, Walter Hay Drive and Holts Road;
q) visual amenity and character is enhanced along the major road network by
development providing an interesting built form, landscaping and minimum signage
along frontages;
r) building design does not detract from the established or planned character of the
zone; and
s) development is located, designed and its operations managed to protect the health
and safety of the community, does not harm the environment and avoids adverse
impacts on creeks, gullies, waterways, wetlands, habitats and vegetation.
As stated above uses in this zone should not be incompatible uses or uses which can be
catered for in other zones, such as centres and development should protect the integrity
and intent of the industrial nature of the zone and not result in reverse amenity impacts on
prime industrial land such as this site and location. Overall outcome h) above also applies
to the subject site whereby
“food and drink outlets occur only where directly ancillary to and associated with a bonafide
industry activity on-site, are limited in scale and extent, and do not locate on the western
side of Gateway Drive, Noosaville or on land fronting Taylor Court, Cooroy;”.
The application includes an entertainment activity in the form of a bar and is not considered
an appropriate or compatible use within the immediate locality, being an industrial estate
and located on land fronting Taylor Ct, Cooroy. Entertainment uses are more in keeping
with and expected to occur in a centre zone and approving them in out-of-centre locations
like the industrial estate not only compromises the industrial estate but devalues the
centres hierarchy.
The New Noosa Plan does allow for complementary uses, in some industrial precincts in
Noosaville where this has occurred organically overtime or is adjacent to a centre location.
This is to cater for new business models and enterprises to locate and cluster with other
similar businesses to reduce the reverse amenity impacts on other more traditional
industrial businesses and retain the viability of key industrial areas outside these precincts.
The inclusion of entertainment activities such as bars has proven to be challenging in terms
of reverse amenity impacts on existing industrial businesses in the locality, including
parking and traffic issues and lack of access to public transport for patrons. The new
Page 12 of 53
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
scheme does not allow entertainment activities such as a bar in industrial areas and any
inclusion would need to be considered on its merits in terms of precedence in the
immediate locality and the preservation of remaining industrial areas for industrial
development into the future.
The inclusion of these new precincts being Venture Drive Enterprise and Gateway West
Makers Precincts allows for the remaining industrial land to be preserved for industrial
uses. It would not be considered appropriate to locate entertainment uses in industrial
areas generally, and particularly outside of precincts such as these, where it would erode
the integrity of remaining key industrial areas for Noosa Shire now and into the future.
There is an argument to support the local production of food and beverages and this has
been allowed for in the New Noosa plan, however there seems to be an increasing and
concerning expectation for restaurants and bars co-located with this production which
creates reverse amenity and parking problems within the industrial estate. A small ancillary
tasting area taking up a small area floor space where the business is predominantly a
distillery is reasonable and is permitted in the scheme. Introducing a bar or similar
entertainment area is not considered compatible, particularly in industrial areas where this
has not occurred and is located adjoining major freight routes which should be preserved to
ensure the continued efficient operation and viability of existing and future industry
activities.
5. CONSULTATION
5.1. Other Referrals
The application was forwarded to the following internal Council officers:
Principal Strategic Planner, Strategic Land Use Planning
5.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. No properly made submissions were received.
6. CONCLUSION & REASONS FOR DECISION
The proposed Entertainment & Dining Type 3 Bar use is identified as an inconsistent use in the
Industry Zone of the Cooroy & Lake Macdonald Locality under The Noosa Plan.
The proposed bar is not well located being isolated from the township and urban areas of Cooroy
with no footpath and public transport opportunities for patrons. The applicant has also not
proposed a patron bus/tour operation service to the site as part of the application. The proposed
use also has the potential to conflict with the approved industrial uses on the site and is more
appropriately located within a tenancy readily found in Cooroy’s Business Centre Zone or the
like.
Notwithstanding, the applicant may wish to establish a tasting area that is ancillary but incidental
and subordinate to the approved industrial use. This could provide an opportunity for the
industrial business use to offer complimentary samples (manufactured on-site) to potential bulk
purchasers, such as local restaurant owners and the like. Such an ancillary component would not
include the sale of beverages for consumption on site.
The application is therefore recommended for refusal.
Page 13 of 53
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
X
Design and Delivery
Page 14 of 53
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
ATTACHMENT 1
Page 15 of 53
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
Page 16 of 53
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
Lot 5 TA YL OR c oO U RT Cc OORO Y
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Page 16 of 53Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
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Page 18 of 53Section 19
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
Page 21 of 53
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
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Page 21 of 53Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
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Page 22 of 53Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
2 132006.1395.05 MINOR CHANGE TO DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE - MULTIPLE DWELLING DWELLING (10 UNITS) AT 142 NOOSA
DRIVE, NOOSA HEADS
DOCUMENT INFORM AT ION
Author Patrick Murphy, Coordinator Planning
Environment and Sustainable Development Department
Index ECM/ Application/ 132006.1395.05
Attachments 1. Proposal Plans
APPLICATION DETAILS
Application No. 132006.1395.05
Development Approval Development Permit For Material Change Of Use – Multiple Dwelling
(10 Units)
Applicant Royal Automobile Club of Victoria (RACV) LTD
Request Received On 12 August 2019
PROPERTY DETAILS
Property Address 142 Noosa Drive, Noosa Heads
RP Description Lot 3 SP 126203
Land Area 5453m²
Existing Use of Land Undeveloped land
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosa Heads
Zone Semi-Attached Housing
Open Space Conservation
Overlays Biodiversity Overlay: Riparian Buffer and Environment Protection Area
Natural Hazard Overlay: Flood Hazard Overlay, Bushfire and Acid
Sulphate Soils
Assessment Type Minor Change to Development Approval
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
RECOMMENDATION
That Council note the report by the Coordinator Panning to the Planning & Environment
Committee Meeting dated 10 March 2020 regarding Application No. 132006.1395.05 for a minor
change to an existing approval for Material Change Of Use – Multiple Dwelling (10 Units) situated
at 142 Noosa Drive, Noosa Heads and:
A. Refuse the change for the following reasons:
1. The proposal does not constitute a minor change as it would result in a substantially
different development due to the application applying to a new parcel of land.
2. The proposal is contrary to schedule 11, part 2, section 7 of the Planning Regulation
2017 as the development is situated in a koala assessable development area and
does not provide for habitat connectivity or safe koala movement.
3. The proposal is inconsistent with biodiversity assessment benchmarks (1), (2), (4)
and (5) of Part E of the State Planning Policy as the development will adversely
impact upon koala habitat and linkages, with koala populations recognised as being
matters of both national and state environmental significance.
4. The proposal is inconsistent with water quality assessment benchmarks (1) and (2) of
Part E of the State Planning Policy as the development has not adequately
demonstrated that water quality objectives will be achieved.
5. The proposed development will adversely impact upon the site’s ecological values,
including koala habitat and linkage for koala movement throughout the site contrary
to Overall Outcomes 13.7.2a)i, 13.7.2a)iii, 13.7.2a)iv, 13.7.2b), 13.7.2c), 13.7.2d)i,
13.7.2d)vii, 13.7.2e), 13.7.2g), and Specific Outcomes O1a, O3, O4, O5, O7, O10,
O11, O16, O17, O18a), O18b), O18e), O18h), O19b), O19c), O19g) and O19i) of the
Biodiversity Overlay Code.
6. The proposed development is inconsistent with the Noosa Heads Locality Code as
the proposal will adversely impact on the site’s environmental values contrary to
Overall Outcome 9.7.2a)iv and Specific Outcomes O3 and O20.
7. The proposed Bushfire Management Plan proposes vegetation removal and
management within a part of the site which is zoned Open Space Conservation and
is intended to be protected and managed to the exclusion of development.
8. The proposed development is contrary to the Natural Hazards Overlay Code as
bushfire mitigation measures do not avoid or minimise impacts on the natural
environment and ecological processes.
9. The proposed development is contrary to the Water Sensitive Design Code as
modelling for stormwater treatment has not included all relevant run-off areas.
10. Insufficient detail has been provided to demonstrate the extent and potential impact
of the proposed height variation for the dwelling units.
11. The proposed development is contrary to the draft Noosa Plan provisions, which
reinforce the current Noosa Plan’s requirements for an appropriate response to the
site’s natural hazards and protection of the site’s environmental values including
vegetation retention.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks approval to change the existing development approval for a multiple dwelling
of 10 units to address the issues raised by Council’s decision to refuse to extend the currency
period of the approval.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
On 20 August 2018 Council was notified that the applicant had lodged an appeal to the Planning
and Environment Court seeking the Court extend the currency period. At the 20 September 2018
Ordinary Meeting it was resolved to defend the appeal.
Notably, the current court proceedings have been paused until the assessment of this application
is finalised, which is required by 20 March 2020 by the Court. The original approval remains
current until such time as the court decides the appeal.
The applicant has submitted revised plans of development and supporting reports in respect of
koala habitat, bushfire and stormwater.
The revised site plan results in the location of the structures and roads being adjusted slightly
from the existing approved layout with the applicant’s primary intent being to retain additional
koala trees compared to the original layout.
The application also includes a request to amend, delete and include new conditions relating to
stormwater and bushfire management.
In terms of the proposed changes the applicant advises:
The proposed development will either comply with or can be conditioned to comply with the
following key development parameters under the Noosa Heads Locality Code. In summary, the
proposed development:
complies with the maximum allowable population density of 40.54 persons with the
maximum population density being 33 persons;
complies with the maximum allowable site cover of 40%, with the proposal having a site
cover of 23%;
complies with the maximum allowable GFA this being 1,621.60m², with 1,600m² or 160m²
per dwelling unit being proposed;
complies with the required building height of two storeys; and
complies with the minimum car parking requirements providing for 20 covered spaces and
4 visitor car parking spaces.
In relation to koala habitat, the arborist, terrestrial ecology and stormwater management reports
propose:
39 of the 66 Eucalyptus robusta koala habitat trees within the construction area are to be
removed;
21 Melaleuca quinquenervia koala habitat trees within the construction area are proposed
to be removed;
The removal of weeds, especially the climbing vines currently impacting the Eucalyptus
robusta on site should improve tree health over time;
Strategic planting of Eucalyptus robusta in identified replanting zones to provide some
mitigation of the impact of the development for koalas and provide food and shelter for
koalas using the site;
Additional planting in the road reserve adjacent to the disturbance area, to provide a
significant mitigation of the impact of the development on the habitat connectivity of the
site;
A reduction in building footprint;
Use of permeable pavement to assist with retention of koala habitat trees; and
Provision of re-planting off-site or a financial contribution for koala offsets
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
The proposed re-planting zones are identified in green in the following image:
Figure 1: Re-planting zones
The following images detail the revised site plan and provide a comparison of the approved and
proposed building footprints. A locality plan is also provided. The proposal plans are included at
Attachment 1.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
Figure 2: Proposed Site Plan
Figure 3: Comparison of approved and proposed building footprints
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
Figure 4: Locality Plan
2. BACKGROUND
The original application for the multiple dwelling development was received by Council on 7 July
2006 requesting that Council assess the application against the Superseded Planning Scheme.
Council agreed to this request as it was considered to be largely consistent with The Noosa Plan
2006 at the time. The application was publicly advertised in August & September 2007 and no
submissions were received during the advertising period.
A Preliminary Approval for a Material Change of Use Multiple Dwellings (10 Units) was granted
on 24 January 2008. The preliminary approval was issued for the subject site as the applicant
had not submitted a Bushfire Risk Assessment or a Bushfire Management Plan for the
development. A Development Permit was not issued at the time as the Bushfire Management
Plan may have resulted in changes to the proposed development layout due to fire buffers.
Following representations, it was agreed to issue a Development Permit, accordingly a
Negotiated Decision Notice was issued on 15 May 2008.
A minor change application was approved on 14 July 2008 which:
Changed conditions relating to land identified as Open Space; and
Deleted the requirement for a further Development Permit for Material Change of Use as a
Bushfire Management Plan was provided.
The following image details the approved layout:
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
Figure 5: Approved development layout
In December 2011 an application was received to extend the relevant period of the development
approval by a further 4 years until 16 May 2016. On 5 April 2012 Council refused the application
as it was considered that the community would not be appropriately aware of the development
given the lapse of time. It was also thought that submissions may arise from the adjoining
development to the north in the event that a further or new development application was
submitted. Council staff considered a 2 year extension would be reasonable however, the
applicant would not accept this timeframe.
The applicant appealed Council’s decision in the Planning and Environment Court. On 5 July
2013 the Sunshine Coast Council settled the appeal and agreed to extend the relevant period
until 15 May 2016.
A further application to extend the currency period by 2 years was received on 22 December
2015. The application was assessed against the benchmarks applicable at the time and was
refused due to:
Non-compliance with the maximum permitted gross floor area;
Ecological and water quality reports submitted with the original application being outdated;
An updated bushfire management plan not being provided;
The approval being contrary to the Planning Regulation assessment benchmarks for
development in a koala habitat area;
The community being unlikely to be aware of the approval given significant time had lapsed
since the public notification of the original application; and
A further development application being likely to generate submissions raising valid
grounds of objection to the proposed development’s non-compliance with The Noosa Plan
given the site’s significant location and environmental values.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
On 20 August 2018 Council was notified that the applicant had lodged an appeal to the Planning
and Environment Court seeking the Court extend the currency period. At the 20 September 2018
Ordinary Meeting it was resolved to defend the appeal.
Notably, the current court proceedings have been paused until the assessment of this application
is finalised, which is required by 20 March 2020 by the Court. The original approval remains
current until such time as the court decides the appeal.
3. SITE DETAILS
The site is generally triangular in shape, comprises 5453m2 and has frontage to Noosa Drive.
The western boundary of the site is adjacent to Weyba Creek. The land located to the north of
the subject site is developed with 149 multiple dwelling units and resort facilities.
The site has a north-westerly aspect, with a gradual slope towards the west, adjacent to Weyba
Creek. The Department of Agriculture and Fisheries identifies Weyba Creek as a ‘Fish Habitat
Management Area A’.
The site is identified as including “essential habitat” by the State Regional Ecosystem mapping as
it contains species that are endangered, vulnerable, threatened or rare (the Nature Conservation
Act 1992) which are known to utilise this habitat including koalas and acid frogs.
The site has a split zoning with generally the front portion zoned Semi-Attached Housing and the
rear Open Space Conservation. The Semi-Attached Housing Zone applies to approximately
3817m2 of the site, which represents 70% of the total site area. The remaining 30% of site is
zoned Open Space Conservation. This area is primarily situated directly adjacent to the Weyba
Creek Bushland Reserve.
The following image details the split zoning applicable to the site.
Figure 6: Zoning Plan
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
3.1. Surrounding Land Uses
North: RACV Resort which is accessed via an easement through the subject site and Weyba
Creek Bushland Reserve.
South: Road reserve and Noosa Drive
East: Road reserve and Noosa Drive with developed Detached Housing Zone land beyond.
West: Weyba Creek Bushland Reserve
4. ASSESSMENT
4.1. 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.
4.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of
the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’ as defined by the
Planning Act 2016.
The proposed plans include 3 visitor car parking spaces which are provided on the adjoining
land. The original application form (2006) noted that the application was over Lot 3 on SP126203
(subject site) and Easement B on SP126206 on the adjoining land for access purposes. The
current plans do not clearly demonstrate that the car parking is included within the Easement. It
appears that the car parking is partly outside of the easement and therefore the application
should also be made over Lot 203 SP267424.
A change application which applies to a new parcel of land does not constitute a minor change
and a new application would be required.
Land dedication
The existing approval recognises the environmental qualities of the land in the north-eastern
corner of the site and requires the area to be dedicated to the Crown (with Council as Trustee)
for environmental protection purposes. The current application proposes that an environmental
covenant be applied to this area as opposed to the land being dedicated. Adjoining land to the
north of this area was previously dedicated to the Crown as part of the development of the RACV
resort. Dedication of the land to the Crown is the preferred outcome as it will result in a
contiguous and consistent Crown land tenure arrangement and provide for the long term
protection of koala habitat and maintain a known koala linkage.
The following image details the area of land currently required to be dedicated:
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Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
Figure 7: Area of land to be dedicated (outlined in red)
Bushfire Management
The current State Planning Provisions relating to bushfire came into effect after the original
approval. The current bushfire hazard mapping assesses bushfire hazard differently to the
previous bushfire mapping used in the original assessment. When assessing the original
application, the hazard assessment concluded the site had a low hazard status and that there
was no need for any bushfire measures to make the site safe. The current State Planning Policy
Bushfire mapping identifies that part of the footprint of the proposed development is of high
potential bushfire intensity and is within a potential impact buffer.
A Bushfire Management Plan (BMP) was submitted with the current application and identifies two
bushfire management zones for bushfire hazard protection. The zones are referred to as
‘Understorey Management Zone’ and ‘Landscape Management Zone’.
The following image is a site plan detailing the proposed management zones. The Understorey
Management Zones (UMZ) is identified by the area with red hatching whilst the Landscape
Management Zone (LMZ) is hatched blue:
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
Figure 8: Site Plan – Bushfire
The UMZ is wholly contained within the area of the site zoned Open Space Conservation, and
required to be dedicated for environmental purposes. It is proposed that trees up to 5 metres in
height will be removed within this area, with groundcover, regularly maintained with plants to not
exceed 400mm in height. All trees including the Eucalyptus robusta greater than 5 metres in
height within this zone are to be retained.
The LMZ requires landscaping to be regularly managed by gardeners, requiring the removal of
weeds and dead vegetation material. The applicant notes that some koala habitat trees may be
retained and planted in this area and landscape species is to include local, less flammable, plant
species.
The BMP also requires that planting of koala habitat trees occurs at a density no greater than 1
tree per 8m2 and that no tree be planted within 8 metres of any structure. The BMP suggests that
based on the size of the UMZ, approximately 478m2, that an additional 60 koala habitat trees
could be planted in the UMZ. This suggestion does not appear to acknowledge approximately 28
existing trees already located in this area which are proposed to be retained. In this regard, only
32 trees additional could be planted in this area, however their growth would be influenced by
competition from the existing trees. The successful maturation of the planted koala food trees in
this area is therefore questionable.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
Whilst the proposed bushfire management plans may provide a functional solution from the
threat of bushfire, the proposed mitigation actions rely on the clearing of vegetation within the
part of the site required to be dedicated to the Crown and zoned Open Space Conservation and
is not supported. The removal of trees less than 5 metres in height and the modification of the
understorey will also have a detrimental effect on the environmental values of this part of the site
and impact on the ability of this area to provide a buffer to the adjoining wetland.
Furthermore, the suggestion within the BMP that koala habitat trees be replanted within the UMZ
raises concern as it is contrary to the requirement that trees less than 5 metres in height be
removed from this area. It is unclear as to how one component of the BMP can require trees less
than 5 metres in height be removed but also support the re-planting of the same vegetation.
Accordingly, the proposed bushfire management plan is not supported as it proposes vegetation
removal and management within a part of the site which is zoned Open Space Conservation and
includes elements which are contrary with each other.
Koala habitat
The site is currently mapped as being located within a Koala Assessable Development Area
(KADA) under the superseded State Planning Regulations Provisions mapping. It is also mapped
as “generally not suitable” habitat for koalas. Due to the site’s location in a KADA the application
requires assessment under the assessment benchmarks listed in Schedule 11 of the Planning
Regulation 2017. These include that the site is designed to provide safe koala movement
opportunities and consider habitat connectivity values of the site. Native vegetation clearing is
also required to be undertaken in a sequential manner and under the guidance of a koala spotter
where the native vegetation is a non-juvenile koala habitat tree and landscaping activities provide
food, shelter and movement opportunities for koalas consistent with the site design.
The Noosa Plan requires that development avoid impacts on koala habitat areas and provide
ecological linkages for safe and appropriate koala movement.
Council’s consulting ecologist advises that the re-planting of koala habitat trees on site to provide
'no net loss' would produce an adequate outcome for koalas at this particular site in terms of
habitat. However, the proposed measures to achieve no net loss of koala habitat are not practical
due to bushfire requirements as the vast majority of the identified re-planting zones, aside from
the UMZ, are incapable of being re-planted due to their proximity to structures. A 126m2 area
within the north-eastern corner of the site already contains significant canopy coverage these
areas however are within proximity of power-lines and are likely required to remain cleared to
provide clearance to the power lines and to allow for satisfactory sightlines for vehicles exiting the
site. The area proposed for replanting within the UMZ is also already vegetated and the density
of vegetation in this area will mean replanted vegetation will compete with existing vegetation and
hinder their development into adequate koala food trees.
Furthermore, a number of existing trees proposed to be retained are located within close
proximity of the proposed buildings and internal access driveway. Retention of large Koala food
trees amongst buildings and within vehicle and pedestrian frequented areas, is likely to be
compromised by construction activities and future demands for risk mitigation, and inevitably
result in the trees being lost from the landscape. The applicant has proposed the use of pervious
paving to maintain surface water penetration for the koala food trees, however this measure is
redundant considering the high water table. The koala food trees are largely reliant on ground
water and the provision of permeable paving to allow surface water to penetrate to the ground is
of inconsequential value. In addition the construction of the permeable paving will have a similar
impact on root zones of koala food trees compared with the construction of a standard
impermeable paving.
An acoustic report was provided in the original application and included a recommendation that a
2 metre high acoustic fence be constructed and in part setback 2.0 metres from the property
boundary. This recommendation was included as a condition of the approval. The acoustic fence
has not been adequately considered in the applicant’s determination of koala habitat loss. The
Page 34 of 53
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
construction of an acoustic fence to the Noosa Drive boundary is likely to result in further tree
clearing and further compromises the ability to retain suitable koala habitat in-situ.
The loss of koala food trees from the site has the real potential to be deleterious to Noosa’s
koalas. The trees proposed to be removed also currently provide a linkage for koala movement
and consequently the proposal fails to maintain linkages for koala movement through the site. As
such, the proposal does not satisfy the requirements of the Planning Regulation or the Noosa
Plan as it does not sufficiently retain vegetation and provide for safe koala movement
opportunities.
Change to planning framework – South East Queensland Koala Conservation Strategy
2019 - 2024
Under the new South East Queensland Koala Conservation Strategy 2019-2024 mapping, the
site is mapped as Koala Habitat Area. As such, if an application was lodged today, the proponent
would be required to comply with the State Code 25: Development in South East Queensland
koala habitat areas and provide environmental offsets to the State in accordance the
Environmental Offsets Act 2014.
The applicant has advised that the preferred outcome for koalas would be to provide “offset” tree
planting elsewhere in the locality on a site to be negotiated with Council or if necessary, a
financial offset arrangement could be made in accordance with the State environmental offsets
legislation. In this instance, replanting off-site or a financial contribution to achieve an offset is not
fully supported as it is important that the physical linkage for koala movement is maintained
through the site.
The following image details the mapped Koala Habitat Area on the site and surrounding land.
Figure 8: Koala Habitat Area (green) effective 7 February 2020
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
Stormwater
The stormwater management requirements as part of the original approval for the site are not
compliant with the current Sate Planning Policy for Stormwater.
The current application has sought to address this by providing a letter from a civil engineer
which details an amended stormwater management regime and concludes that the proposed
treatment train exceeds the requirements of the state planning policy.
Council’s consulting water engineer has reviewed the proposed stormwater management and
has raised concerns regarding the suitability of the stormwater modelling as it does not address
runoff from the internal access road and is required to.
The proposed pervious paving to the internal access road also relies on strict maintenance.
Maintenance requirements have not been provided however would rely on removing debris from
the porous system of the permeable paving. The removal of this debris by hosing or waterjet
would also increase the nutrient inputs into the surrounding nutrient sensitive environment.
Gross Floor Area (GFA)
In 1999, prior to the approval of the original application, the landowner dedicated 236m2 of land to
Council for the construction of the Noosa Drive roundabout. The dedication formed part of an
Infrastructure Agreement (IA) between Council, the landowner and the landowner of the adjoining
property. The IA also required that any future application for development approval take into
account the area of 236m2 for the purposes of assessing site density.
Therefore at the time of the original approval a maximum GFA of 1896m 2 was permitted, being
reflective of the permissible GFA attributable to that part of the land zoned Residential Low
Density and the 236m2 for the roundabout. This exceeds the current requirements of the Noosa
Plan which permits a maximum GFA of 1527.4m2. The maximum permissible GFA has reduced
as the Noosa Plan has decreased the area of the land zoned for development by increasing the
area zoned for environmental protection. Furthermore, the area is further reduced as the IA does
not clearly specify that the consideration of the 236m2 associated with the dedication applies to
successors in title.
The applicant has included a notation on the plans that the maximum GFA now proposed is to be
approximately 1600m2. It is acknowledged that the proposed GFA exceeds the planning scheme
requirements however it is considerably less than what is currently approved. Furthermore, it is
important to note the draft Noosa Pan permits a plot ration of 0.65:1 which allows for a GFA of
2,482m2. As such there is no objection to the proposed GFA.
Building Height
In accordance with the planning scheme the maximum permissible height is 8 metres. In the
supporting material supplied with the application the applicant advises:
The proposed built form is 2 storeys and 8m in height but might marginally exceed 8m from
natural ground level to provide for a flooding minimum floor level of 2.8m (AHD) with a 5 degree
roof pitch.
Elevation plans have not been provided to demonstrate the extent of non-compliance proposed.
Where a variation to the planning scheme is proposed plans demonstrating the extent of non-
compliance should be provided for review. In this instance, it is not reasonable to support the
potential increased height without clear information and confirmation of the built form and the
maximum height proposed.
5. DRAFT PLANNING SCHEME
The draft planning scheme rezones the site from Semi-Attached Housing Zone and Open Space
Conservation Zone to Tourist Accommodation Zone and Environmental Management and
Conservation Zone.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
The Tourist Accommodation Zone code includes an outcome which seeks to protect a number of
sites for the purpose of a resort complex or short term accommodation to the general exclusion
of permanent residents. The subject site has not been included in the list of sites.
Specific to the subject site, multiple dwellings are identified as a consistent use which would be
subject to an impact assessable application process.
It is also noted that the draft planning scheme increases the permissible plot ratio on the site from
0.4:1 to 0.65:1.
6. CONSULTATION
6.1. Referral Agencies
The application did not require referral to a Referral Agency.
6.2. Other Referrals
The application was forwarded to the following internal Council specialists:
Coordinator Development Engineering
Environment Officer
Strategic Planning Officer
The application was also reviewed by Council’s consulting ecologist and storm water engineer,
and their comments form part of this report.
7. CONCLUSION & REASONS FOR DECISION
The application is for a minor change relating to a Development Permit for Material Change of
Use - Multiple Dwelling (10 units) at 142 Noosa Drive Noosa Heads. In October 2018 an
application to extend the currency period of the approval was refused by Council, with the
decision subsequently appealed by the applicant. The original approval remains current until
such time as the court decides on the appeal. The appeal is on hold to allow for a decision to be
made on this minor change application.
The original application was made over the subject site and the easement on the adjoining land.
As the proposed works extend beyond the easement on the adjoining land the application
involves a new parcel of land and cannot be considered a minor change. The proposed change
therefore requires a new application to be lodged for assessment.
The application modifies the footprint of the development and includes supporting
documentation, seeking to address the grounds of refusal for the extension of currency period
application. This material includes updated ecological reports, bushfire management plan and
stormwater management plan.
The submitted bushfire management plan proposes removal and management of vegetation
within the part of the site which is required to be dedicated to the Crown (with Council as trustee)
for environmental purposes. Bushfire management works within this area are not supported.
In order to address the loss of koala habitat the applicant has proposed a re-planting regime to
achieve no net loss. Whilst a no net loss approach is desirable the requirements of the bushfire
management plan and impacts of construction, including an acoustic fence, will prevent retention
of a significant number of trees and achievement of adequate planting to result in no net loss to
koala habitat and maintain a linkage for koalas through the site.
Furthermore, review of the submitted stormwater management plan shows that the modelling
does not address all areas requiring stormwater treatment.
The application also proposes to amend the dedication of land to the creation of a covenant. This
approach is not supported due to the adjoining land already being subject to Crown tenure and
the preference that a contiguous land tenure arrangement prevail.
Consequently it is recommended that the application be refused.
Page 37 of 53
Section 38
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
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 x Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 38 of 53
Section 39
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
ATTACHMENT 1
Page 39 of 53
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
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Page 39 of 53Section 40
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
Page 40 of 53
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
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Page 42 of 53Section 43
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
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aSection 44
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
3 MCU19/0054 PLANNING & ENVIRONMENT COURT APPEAL NO 476 OF 2020
REFUSAL OF APPLICATION FOR MATERIAL CHANGE OF USE FOR A MIXED USE
COMMERCIAL DEVELOPMENT SITUATED AT 2-18 & 20 HOFMANN DRIVE,
NOOSAVILLE
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development
Index ECM/ Application/ MCU19/0054/ Case/ Spotlight 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 11 February 2020 regarding Planning & Environment
Court Appeal No. 476 of 2020 and agree to defend the appeal.
REPORT
On 16 January 2020 Council at its Ordinary meeting resolved to refuse an application for a mixed
use commercial development, including showroom, offices, health care service, indoor sport and
recreation, low impact industry and food and drink outlet with a total gross floor area of 13,185m 2
at 2-18 & 20 Hofmann Drive, Noosaville for the following reasons:
1. The proposed development being predominantly retail, does not comply with the SEQ
Regional Plan’s Elements, Strategies and Outcomes relating to Goal 2 – Prosper as it is
contrary to:
1.1. Element 1 Strategy 1 as it fosters retail employment rather than employment in the
export oriented and high-value sectors;
1.2. Element 1 Strategy 7 as it is using land set aside for non-retail employment which
inhibits the ability of Noosa Shire to meet employment planning baselines;
2. The proposal does not support the Economic Vision for the Shire to create the strong
viable niche economy articulated at 1.4.3 of Division 2 Part 1 of Noosa Plan thereby
protecting and enhancing the Noosa brand as the proposal introduces a small second
shopping centre into the Noosa Business Centre limiting available land for growth in
identified priority focus areas of wellness industries, knowledge-based businesses,
education and service industries, heritage and creative arts industries.
3. The proposal, being predominantly retail, is contrary to the Desired Environmental
Outcomes 3.1.3 b) i, ii & iii of the Noosa Plan as:
3.1. Further large format retail is not envisaged for the centre with a proportion of
Noosa’s Shire’s higher order needs intended to be fulfilled by the Principal Regional
activity Centre of Maroochydore; and
3.2. It will impact on the long term viability of the Noosa Business Centre, as the principal
business, retail and administrative centre.
4. The development application proposes uses which are inconsistent in the Shire Business
Centre zone precincts B3 and E5.
Page 44 of 53
Section 45
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
5. The proposed development is contrary Overall Outcomes 11.7.2 tt) ii, x, xi B & C of to the
Noosaville Locality Code as the proposed extent of retail is not planned and significantly
exceeds the retail caps set by the Noosa Plan; and
5.1. will not support the growth of the Noosa Business Centre as being a multi-function
employment node which provides for a wide range of business uses;
5.2. will not retain the development capacity within the centre in the longer term to take
advantage of potential new employment opportunities.
6. The proposed built form, design and layout does not comply with Overall Outcomes 11.7.2
tt iv, v & viii of the Noosaville Locality Code as:
6.1. the proposal has the characteristics of a standard retail commercial design without
the architectural features unique to Noosa;
6.2. overall the built form is more suited to retail uses than to the other uses proposed
such as low impact industry;
6.3. the applicant has not demonstrated that some buildings will be sufficiently screened
from Council’s major road network;
6.4. building 4 exceeds the maximum building height for the area and has a reduced
building setback from Hofmann Drive; and
6.5. pedestrian connectivity and access is poor.
7. The proposal does not satisfy Specific Outcome O28 of the Landscaping Code and O17 of
the Driveway and Carparking Code as the car parking area is deficient in landscaping with
unsatisfactory provision for shade trees.
8. The proposal is significantly deficient in car parking and does not comply with Specific
Outcome O7 of the Noosa Plan’s Driveways and Car parking Code.
9. The applicant has not satisfactorily demonstrated that the development will not adversely
impact on the external traffic network contrary to Overall Outcomes tt) ix of the Noosaville
Locality Code and 14.142.2 a) of the Transport, Roads and Drainage Code.
10. The applicant has not demonstrated that stormwater management can be successfully and
appropriately integrated into the current development layout consistent with 14.157.2 of the
Water Sensitive Design Code and Specific Outcome O8 of the Transport, Roads and
Drainage Code.
11. The proposal includes clearing of significant vegetation as part of the proposed measures
for stormwater management contrary to the purpose of current environmental covenants
registered over the site and the Noosaville Locality Code requirements for Precinct OS3
Specific Outcomes O218 to O222 and Precinct OS6 Specific Outcomes O224 & O225.
12. The proposal does not comply with the draft Noosa Plan as:
12.1. the quantum of retail proposed is not envisaged on the site and does not advance nor
assist in preparing for a transitioning or changing economy contrary to Strategic
Intent 3.2.6 - A diverse and resilient economy and Strategic Outcomes 3.3.5(r) and
(s)(i)(B);
12.2. the proposal is not contributing to the key priority sectors identified in Strategic Intent
3.2.6;
12.3. the proposal does not comply with PO1 of the Transport Code and PO6 of the
Driveways and Parking Code as carparking is grossly deficient and the applicant has
not demonstrated there will not be adverse effects on the surrounding traffic network;
12.4. the development does not comply with Overall Outcomes 6.4.1.2 (3)(c) (iii) & 3(f) of
the Major Centre Zone Code as it does not reflect appropriate subtropical design and
is not distinctively recognisable as being Noosa Style; and
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
12.5. the stormwater management of the site does not comply with the Water Quality and
Drainage Code Outcomes PO7 and PO11.
13. There is no significant need for the proposed retail and the proposal fails to advance the
priority sectors envisaged by Noosa’s Local Economic Plan.
14. The proposed uses are clearly defined by The Noosa Plan and the applicant’s proposed
use definitions are unnecessary, inappropriate and have the potential to cause confusion.
15. There are no discretionary matters which would warrant approval of the development
proposal.
16. For the aforesaid reasons, approval of the development proposal would not advance the
purpose of the Planning Act 2016.
As a result of Council’s decision to refuse the application for the mixed use commercial
development, the applicant has now lodged an appeal to the Planning & Environment Court. The
applicant seeks that the Court approve the proposed development.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting Minutes, 16 January 2020, Item 3, Page 4
That Council note the report by the Development Planner to the General Committee Meeting
dated 13 January 2020 regarding Application No. MCU19/0054 for a Development Permit for
Material Change of Use for undefined uses – Showroom, Office, Health Care Service, Indoor
Sport and Recreation, Low Impact Industry and Food and Drink Outlet, situated at 2-18 and 20
Hofmann Drive Noosaville and
A. Refuse the application for the following reasons:
1. The proposed development being predominantly retail, does not comply with the SEQ
Regional Plan’s Elements, Strategies and Outcomes relating to Goal 2 – Prosper as it
is contrary to:
1.1. Element 1 Strategy 1 as it fosters retail employment rather than employment in
the export oriented and high-value sectors;
1.2. Element 1 Strategy 7 as it is using land set aside for non-retail employment
which inhibits the ability of Noosa Shire to meet employment planning
baselines;
2. The proposal does not support the Economic Vision for the Shire to create the strong
viable niche economy articulated at 1.4.3 of Division 2 Part 1 of Noosa Plan thereby
protecting and enhancing the Noosa brand as the proposal introduces a small second
shopping centre into the Noosa Business Centre limiting available land for growth in
identified priority focus areas of wellness industries, knowledge-based businesses,
education and service industries, heritage and creative arts industries.
3. The proposal, being predominantly retail, is contrary to the Desired Environmental
Outcomes 3.1.3 b) i, ii & iii of the Noosa Plan as:
3.1. Further large format retail is not envisaged for the centre with a proportion of
Noosa’s Shire’s higher order needs intended to be fulfilled by the Principal
Regional activity Centre of Maroochydore; and
3.2. It will impact on the long term viability of the Noosa Business Centre, as the
principal business, retail and administrative centre.
4. The development application proposes uses which are inconsistent in the Shire
Business Centre zone precincts B3 and E5.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
5. The proposed development is contrary Overall Outcomes 11.7.2 tt) ii, x, xi B & C of to
the Noosaville Locality Code as the proposed extent of retail is not planned and
significantly exceeds the retail caps set by the Noosa Plan; and
5.1. will not support the growth of the Noosa Business Centre as being a multi-
function employment node which provides for a wide range of business uses;
5.2. will not retain the development capacity within the centre in the longer term to
take advantage of potential new employment opportunities.
6. The proposed built form, design and layout does not comply with Overall Outcomes
11.7.2 tt iv, v & viii of the Noosaville Locality Code as:
6.1. the proposal has the characteristics of a standard retail commercial design
without the architectural features unique to Noosa;
6.2. overall the built form is more suited to retail uses than to the other uses
proposed such as low impact industry;
6.3. the applicant has not demonstrated that some buildings will be sufficiently
screened from Council’s major road network;
6.4. building 4 exceeds the maximum building height for the area and has a reduced
building setback from Hofmann Drive; and
6.5. pedestrian connectivity and access is poor.
7. The proposal does not satisfy Specific Outcome O28 of the Landscaping Code and
O17 of the Driveway and Carparking Code as the car parking area is deficient in
landscaping with unsatisfactory provision for shade trees.
8. The proposal is significantly deficient in car parking and does not comply with
Specific Outcome O7 of the Noosa Plan’s Driveways and Car parking Code.
9. The applicant has not satisfactorily demonstrated that the development will not
adversely impact on the external traffic network contrary to Overall Outcomes tt) ix of
the Noosaville Locality Code and 14.142.2 a) of the Transport, Roads and Drainage
Code.
10. The applicant has not demonstrated that stormwater management can be
successfully and appropriately integrated into the current development layout
consistent with 14.157.2 of the Water Sensitive Design Code and Specific Outcome
O8 of the Transport, Roads and Drainage Code.
11. The proposal includes clearing of significant vegetation as part of the proposed
measures for stormwater management contrary to the purpose of current
environmental covenants registered over the site and the Noosaville Locality Code
requirements for Precinct OS3 Specific Outcomes O218 to O222 and Precinct OS6
Specific Outcomes O224 & O225.
12. The proposal does not comply with the draft Noosa Plan as:
12.1. the quantum of retail proposed is not envisaged on the site and does not
advance nor assist in preparing for a transitioning or changing economy
contrary to Strategic Intent 3.2.6 - A diverse and resilient economy and
Strategic Outcomes 3.3.5(r) and (s)(i)(B);
12.2. the proposal is not contributing to the key priority sectors identified in Strategic
Intent 3.2.6;
12.3. the proposal does not comply with PO1 of the Transport Code and PO6 of the
Driveways and Parking Code as carparking is grossly deficient and the
applicant has not demonstrated there will not be adverse effects on the
surrounding traffic network;
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
12.4. the development does not comply with Overall Outcomes 6.4.1.2 (3)(c) (iii) &
3(f) of the Major Centre Zone Code as it does not reflect appropriate
subtropical design and is not distinctively recognisable as being Noosa Style;
and
12.5. the stormwater management of the site does not comply with the Water Quality
and Drainage Code Outcomes PO7 and PO11.
13. There is no significant need for the proposed retail and the proposal fails to advance
the priority sectors envisaged by Noosa’s Local Economic Plan.
14. The proposed uses are clearly defined by The Noosa Plan and the applicant’s
proposed use definitions are unnecessary, inappropriate and have the potential to
cause confusion.
15. There are no discretionary matters which would warrant approval of the development
proposal.
16. For the aforesaid reasons, approval of the development proposal would not advance
the purpose of the Planning Act 2016.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes – Solicitor
Internal Consultation
Nil
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
4 RAL19/0011 PLANNING & ENVIRONMENT COURT APPEAL NO. D7/2020 - REFUSAL
OF APPLICATION TO SUBDIVIDE 120, 126 AND 138 HAPPY JACK CREEK ROAD,
RIDGEWOOD
DOCUMENT INFORM AT ION
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development
Index ECM/ Application/ RAL19/0011/ Case/ Kaymond 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 10 March 2020 regarding Planning & Environment Court
Appeal No D7/2020 and agree to defend the appeal.
REPORT
A development application to reconfigure 3 lots into 3 lots at Happy Jack Creek Rd, Ridgewood
was refused by delegation on 6 December 2019 for the following reasons:
1. The proposal would result in an existing lot that is wholly located outside the Riparian
Buffer Area to be relocated within the buffer area, contrary to the specific and overall
outcomes of the Noosa Plan’s Biodiversity Overlay Code.
2. The proposal is contrary to the Reconfiguring a Lot Code and Natural Hazards Overlay
Code as:
2.1. Proposed lot 2 is likely to be located in an area subject to local flooding, with Happy
Jack Creek road reserve also likely to be subject to inundation during flood events;
2.2. The applicant has not demonstrated that a suitable, flood free house site area and
effluent disposal area is available for proposed lot 2; and
2.3. The applicant has not demonstrated that lot 2 has flood free access and residents of
proposed lot 2 may become isolated during flood times, potentially burdening
emergency services.
3. The proposal is contrary to the Reconfiguring a Lot Code as proposed lot 2 does not have
suitable, safe and appropriate access, as access is proposed via an existing bridge, likely
to have been privately constructed and inspection shows that the bridge is likely to require
some significant maintenance work.
4. The proposed boundary realignment will increase the amount of traffic utilising the bridge
and this will result in additional maintenance of the bridge, further burdening Council’s
resources.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
Figure 1 – Existing 3 lots
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
Figure 2 – Proposed Subdivision
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
Figure 3 – Biodiversity Overlay
The existing 3 lots range in size, with the existing two larger lots both being close to 100ha and
lot 528 (126 Happy Jack Creek Road) adjacent Happy Jack Creek Road having an area of
3726m2. The proposed subdivision would result in 3 similar sized lots with the smaller proposed
lot, lot 2, having an area of 1.451ha. The applicant at the time submitted that:
The current size and formation of Lot 528 on MCH1930 is not appropriate for its intended use as
a rural allotment. Furthermore, the farming operations on Lot 481 on MCH524 currently encroach
into Lot 528 on MCH1930 and notably the cattle yards. The purpose of the proposal is to
reposition the existing lot boundaries to better reflect how the land is currently used and
managed and to create a more appropriate lot size and configuration for Lot 528 now proposed
Lot 2.
There are no visible signs of farming activity within lot 528 apart from grazing, with the cattle
yards located outside of lot 528.
The assessment raised 3 primary issues with the proposed subdivision including:
The proposal would result in a significant portion of the smaller lot (lot 2) being within the
Riparian Buffer, whereas the existing lot 528 is located outside the riparian buffer. It was
further not demonstrated that the house site and associated on site effluent disposal area
could be located outside the riparian buffer area.
The proposed lot 2 is likely to be located in an area subject to flooding, with access to the
lot also likely to be flood affected. The proposal was not supported by a localised flood
study to demonstrate compliance with the Natural Hazards Overlay Code.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 MARCH 2020
Proposed lot 2 would be accessed via an existing bridge and inspection shows that the
bridge may require some significant maintenance work, potentially burdening Council’s
resources in the future.
The officer report concluded that it was not an appropriate form of development for the land and
would result in adverse planning outcomes, including ecological, flooding and traffic which could
not be resolved by conditions. The proposal was found to not comply with a number of the
Noosa Plan codes applicable to the subdivision, including the Mary River Catchment Locality
Code, Biodiversity Overaly Code and Nautral Hazards Overlay Code, and Reconfiguring a Lot
Code, given the unsuitability of lot 2. The proposal was also found to similarly conflict with the
draft planning scheme requirements.
The applicant subsequently lodged an appeal against the decision seeking that the subdivision
be approved subject to reasonable and relevant conditions.
It is order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Nil
Finance & Risks
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes - Solicitor
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development x Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning X Infrastructure Planning,
Design and Delivery
Page 53 of 53