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PLANNING & ENVIRONMENT COURT APPEAL NO. D44 of 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR FOOD AND DRINK OUTLET AND SHORT-TERM ACCOMMODATION AT 203 - 207 GYMPIE TERRACE, NOOSAVILLE · ATTACHMENT 3 - (MCU24/0074) - PLANNER'S REPORT 17 MARCH 2025
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ATTACHMENT 3 - (MCU24/0074) - PLANNER'S REPORT-17 March 2025 GENERAL COMMITTEE MEETING REPORT 17 MARCH 2025 MCU24/0074 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR FOOD AND DRINK OUTLET AND SHORT-TERM ACCOMMODATION (16 UNITS) AT 203 & 207 GYMPIE TERRACE, NOOSAVILLE Author Senior Development Planner Development & Regulation Department Index ECM/Application/MCU24/0074 Attachments ATTACHMENT 1 – MCU24/0074 – PROPOSED CONDITIONS ATTACHMENT 2 – SENIOR DEVELOPMENT PLANNER’S REPORT ATTACHMENT 3 – PROPOSAL PLANS ATTACHMENT 4 – PROPOSED RENDERINGS APPLICATION DETAILS Applicant Gympie Terrace P/L TTE Proposal Material Change of Use - Food and drink outlet, Short-term accommodation Properly Made Date 7 June 2024 Information Request Date 8 July 2024 Information Response Date 27 December 2024 Decision Due Date 21 March 2025 Number of Submissions Not applicable PROPERTY DETAILS Property Address 203 & 207 Gympie Terrace, Noosaville Qld 4566 RP Description Lot 2 RP 138699 Lot 7 on SP347727 Land Area 2,238 m² 1,512 m² Total site area = 3,750 m² Existing Use of Land Food and drink outlets / shops and vacant. STATUTORY DETAILS Page 1 of 55 Document Set ID: 23659553 23546364 Version: 1, 20,Version VersionDate: Date:27/03/2025 12/03/2025
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Page 2
GENERAL COMMITTEE MEETING REPORT 17 MARCH 2025
SEQRP Designation Urban Footprint
Zone Tourist Accommodation
Precinct Not applicable
Local Plan Area Noosaville local plan
Overlays Land Subject to Acid Sulphate Soils
Flood Hazard
Assessment Type Code
EXECUTIVE SUMMARY
This application seeks a development approval for Material change of use for a three-storey mixed
use building comprising a Food and Drink outlet and Short term accommodation at 203 & 207
Gympie Terrace, Noosaville. The entire site is contained within the Tourist Accommodation zone
with both uses defined as consistent uses (code assessable development).
The site has three street frontages, Thomas Street (western frontage), Gympie Terrace (northern
frontage) and Albert Street (eastern frontage) and is 3,750m² in area.
Food and drink outlets are proposed at ground level comprising a total of 699 square metres gross
floor area (GFA) fronting Thomas Street and Gympie Terrace and two floors of Short-term
accommodation units (12 units plus 4 dual key units, totalling 16 units) above ground level.
The building includes a basement providing 57 carparking spaces for patrons and guests of the
development. Vehicle entry to the site will be from Albert Street with exit via either Thomas or Albert
Streets.
The site is located within the Noosaville Local plan area. The Noosaville local plan code includes
planning outcomes for the site whilst the Noosaville Framework and Character Plan designates
the corner of Thomas and Gympie Terrace as a ‘key corner’. Of note is the requirement for Thomas
Street and Gympie Terrace to be developed as ‘primary active street’ frontages.
The proposed development seeks performance solutions to the Noosa Plan 2020 relating to
maximum building height (in metres), two rooftop terraces, building setbacks, site cover and onsite
carparking.
Upon assessment, there is sufficient merit to recommend the application for approval which will
still achieve the overall outcomes sought under the Tourist Accommodation zone and Noosaville
local plan codes.
Outstanding matters regarding onsite refuse management was not able to be fully resolved to the
satisfaction of Council’s engineering officers and Waste Section. To appropriately resolve these
matters, it is recommended that relevant conditions be applied to ensure on site servicing occurs
on this site.
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GENERAL COMMITTEE MEETING REPORT 17 MARCH 2025
RECOMMENDATION
That Council note the report by the Senior Development planner - Planning & Environment
Committee Meeting dated 17 March 2025 regarding Application MCU24/0074 for a Development
Permit for Material Change of Use - Food and drink outlet and Short-term accommodation (16
Units) situated at 203 and 207 Gympie Terrace Noosaville and:
A. Approve the application in accordance with the proposed conditions outlined in Attachment
1.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
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ATTACHMENT 1 – (MCU24/0074) – PROPOSED 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.
Currency Period
2. This development approval lapses if the use has not happened by 20 March 2031 unless an
application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Operational Works*
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
CD 2.01 C C Basement Plan prepared by Arkos 20.02.2025
Architects
Amendments The plan is to be amended to accommodate the waste collection and
servicing to occur on site and consistent with engineering
requirements outlined in condition 61.
Additional information in relation to the ‘end of trip’ facilities are to be
included on the plan.
A total of 29 car parking spaces are to be shown for the Short term
accommodation use on either Basement Plan or Ground floor plan.
CD 2.02 B B Ground Floor Plan prepared by Arkos 20.02.2025
Architects
Amendments The plan is to be amended to demonstrate that a minimum of 1.0
metre width of soft landscaping can be provided to all street frontages
particularly around proposed urban infrastructure in Albert Street.
The plan is to demonstrate a minimum of 375 square metres of
landscaping is provided on site excluding outdoor dining and paved
areas. Provide an updated calculation which separates all
landscaping areas individually to comprise 375 square metres of
landscaping.
The plan is to remove all timber landscape canopy elements, ‘Tide’
structures to all frontages and reinstate with landscaping.
Carparks 2 - 12 are to be amended to accommodate landscaping
infrastructure in accordance with the Landscaping Works conditions
of this approval.
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The ground floor plan is to accommodate on site refuse collection in
accordance with the engineering requirements stipulated in condition
61.
CD 2.03 C C Level 01 Plan prepared by Arkos Architects 26.02.2025
CD 2.04 C C Level 02 Plan prepared by Arkos Architects 26.02.2025
CD 2.05 C C Level 03 Roof Tce Plan prepared by Arkos 26.02.2025
Architects
CD 2.06 C C Roof Plan prepared by Arkos Architects 26.02.2025
CD 3.01 B B Elevation 01 – Gympie Tce / North prepared 26.02.2025
by Arkos Architects
Amendments The rooftop pergola structure is to be reduced to be no more than 2.2
metres in height above roof level. The pergola is not to be roofed or
covered with an impervious material.
The horizontal roof over stairs providing access to the roof top is not
approved and is to be amended to be reduced in height and to follow
the gradient of the stairs to reduce the appearance of a roofed area.
Any wall/s around the edge of the roof top terrace or on the roof area
are a maximum of 1.2 metres in height. A privacy wall is permitted
along the eastern side of the ‘Roof Terrace 2’ up to 1.7 metres in
height.
Any splash back around the pool is to be constructed from clear
glazing or similar.
Walls located between the terrace areas are not approved and are to
be removed.
CD 3.02 B B Elevation 02 – Thomas St / West prepared 26.02.2025
by Arkos Architects
Amendments The rooftop pergola structure is to be reduced to be no more than 2.2
metres in height above roof level. The pergola is not to be roofed or
covered with an impervious material.
The horizontal roof over stairs providing access to the roof top is not
approved and is to be amended to be reduced in height and to follow
the gradient of the stairs to reduce the appearance of a roofed area.
Any wall/s around the edge of the roof top terrace or on the roof area
are a maximum of 1.2 metres in height. A privacy wall is permitted
along the eastern side of the Roof Terrace 2 up to 1.7 metres in
height.
Any splash back around the pool is to be constructed from clear
glazing or similar.
Walls located between the terrace areas are not approved and are
to be removed.
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CD 3.03 B B Elevation 03 – East / Albert St prepared by 26.02.2025
Arkos Architects
Amendments The rooftop pergola structure is to be reduced to be no more than 2.2
metres in height above roof level. The pergola is not to be roofed or
covered with an impervious material.
The horizontal roof over stairs providing access to the roof top is not
approved and is to be amended to be reduced in height and to follow
the gradient of the stairs to reduce the appearance of a roofed area.
Any wall/s around the edge of the roof top terrace or on the roof area
are a maximum of 1.2 metres in height. A privacy wall is permitted
along the eastern side of the ‘Roof Terrace 2’ up to 1.7 metres in
height.
Any splash back around the pool is to be constructed from clear
glazing or similar.
Walls located between the terrace areas are not approved and are to
be removed.
CD 3.04 B B Elevation 05 – South prepared by Arkos 26.02.2025
Architects
Amendments The rooftop pergola structure is to be reduced to be no more than 2.2
metres in height above roof level. The pergola is not to be roofed or
covered with an impervious material.
The horizontal roof over stairs providing access to the roof top is not
approved and is to be amended to be reduced in height and to follow
the gradient of the stairs to reduce the appearance of a roofed area.
Any wall/s around the edge of the roof top terrace or on the roof area
are a maximum of 1.2 metres in height. A privacy wall is permitted
along the eastern side of the ‘Roof Terrace 2’ up to 1.7 metres in
height.
Any splash back around the pool is to be constructed from clear
glazing or similar.
Walls located between the terrace areas are not approved and are to
be removed.
‘Metal cladding with a profiled design’ to the southern elevation is not
approved. An alternative design treatment is required to be
developed and shown on the elevation.
A suggested alternative could involve greater use of lightweight
natural materials / articulation of the façade / green wall to result in a
more subtropical and sympathetic visual presentation.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
4. The approved development consists of Food and Drink outlets and Short Term
Accommodation (16 Units) as shown on the approved plans.
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5. The total number of bedrooms that are available for guest accommodation must not exceed
36 bedrooms.
6. The Food and Drink outlets as shown on the approved plans are not to exceed, outdoor
dining (220m²), internal use area (446m²) and gross floor area 699m².
7. The Food and Drink outlet use on the premises must not operate outside the hours of:
a. Sunday to Thursday: 6am to 10pm; and
b. Friday and Saturday: 6am to 12:00 midnight.
The requirements of this condition must be included in the Community Management
Statement for any body corporate for the subject site.
Performance Bonds
8. Security in the form of a cash bond or trading bank guarantee to the sum of $ 50,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Operational 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.
An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
Building Form and Development Appearance
9. The two Pergolas shown on the approved plans at the roof level are not to be roofed or
covered in an impermeable membrane and are not to exceed 2.4 metres in height.
10. The maximum height of the development must not exceed the building heights shown on the
approved plans, as amended by conditions of this approval, above ground level.
11. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the buildings do not exceed the maximum height requirement of this Decision
Notice.
12. External design features, including the extent of fixed or operable screens fronting all streets,
materials, colours and finishes must be shown on the Approved Plans and submitted to
Council for written approval from the Development Assessment Manager prior to the issue
of Building approval. No inclusions or alterations are made without approval in writing by
Council.
13. Additional detailed plans and elevations showing all internal areas and design treatments to
all Short term accommodation units and entrances are to be submitted to Council for written
approval from the Development Assessment Manager prior to the issue of any building
approval.
14. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
the like thus remaining as open structures.
15. All balustrades to decks and balcony areas must be open or transparent.
16. All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible from the street frontages nor adjoining properties.
17. Any security screens on the premises consist of grille or translucent screens and not solid
shutters, screens or roller-doors.
18. All mechanical equipment and other service infrastructure located on the site must be:
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a. located not less than 2 metres from a property boundary;
b. fully enclosed or screened such that they are not visible from the street frontages nor
adjoining properties. Where screened by landscaping, landscaping beds must be at
least 1.5 metres wide.
19. No part of the site may be used for outdoor storage of materials.
Amenity
20. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, amplified music, overlooking, light spill or odour) enjoyed
by surrounding residents or cause a nuisance, including a noise nuisance.
21. The premises must not be used as a party house, with no events, functions or parties (e.g.
bucks parties, hen’s parties, raves, or wedding receptions for example) permitted on site.
22. The use must be operated in accordance with the Local Law requirements for Short stay
letting at all times.
23. Service vehicle movements associated with non-residential uses on the premises (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.
24. Communal outdoor recreation facilities including swimming pools, spas and sports courts are
not to be used between the hours of 10:00 PM and 6:30 AM the following day.
Noise
25. Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment comply with the following:
a. Air-conditioning and Refrigeration
i. 7am to 10pm: Maximum level allowable = background + 5dB(A)
ii. 10pm to 7am: Maximum level allowable = background + 3dB(A)
b. Pumps, Service Room
i. 7am to 7pm: Maximum level allowable = background + 5dB(A)
ii. 7pm to 10pm: Maximum level allowable = background + 3dB(A)
iii. 10pm to 7am: No audible noise.
26. The certification must be submitted to Council, which certifies that operational noise from any
fixed plant and equipment complies and with the requirements of this Decision Notice.
Lot Amalgamation
27. All separate, adjoining lots that form part of this application shall be amalgamated into one
undivided allotment in accordance with the Plan of Survey submitted for registration at the
Land Titles Office. Proof of title being issued for the amalgamated lot shall be submitted to
Council prior to the issue of the Development Permit for Building Works.
Easements
28. Prior to Council issuing a Development Permit for Operational Works, demonstrate that the
terms and conditions of the existing easements registered against the titles of Lot 2 on
RP138699, Lot 1 on RP161212 and any other relevant parties are not contrary to the
increase in vehicle type and volume proposed as part of the development.
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Should the terms and conditions be found to be contrary, demonstrate that all parties are
agreeable to amend the terms and conditions of the existing easements to allow for the
increase in vehicle type and volume.
29. 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.
30. 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.
31. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Community Management Statement
32. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
33. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
a. The units must be used for Short term accommodation for tourists and travellers only.
Street Identification
34. 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.
External Works – Gympie Terrace
35. Gympie Terrace must be upgraded for the length of its frontage to the subject site. The
works must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. the existing footpath between back of kerb and property frontage is to be upgraded
with exposed coloured aggregate finish for the full width to the approval of the Design
Coordinator - Infrastructure services.
b. removal of the existing property accesses and reinstatement of the kerb, to match the
balance of the site frontage;
c. the verge area is to include street trees in accordance with the Landscaping Works and
Retention of Existing Trees as part of this approval.
d. the provision for 6 on-street carparks in a manner that does not disadvantage adjacent
properties or the function and safety of the local road network – the 6 on-street carparks
must be line marked in accordance with AS2890.05, include a minimum width of 2.1m
measured from kerb invert and achieve a minimum separation of 1 metre between all
driveway crossovers and kerb tangent points to not disadvantage existing sight lines;
e. the provision for 6 on-street motorbike parks in a manner that does not disadvantage
adjacent properties or the function and safety of the local road network – the 6 on-
street motorbike parks must be line marked in accordance with AS2890.05 and achieve
a minimum separation of 1 metre between all driveway crossovers and kerb tangent
points to not disadvantage existing sight lines; and
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f. the existing kerb ramp on the eastern side of Gympie Terrace must be upgraded in
accordance with Council’s standard drawing NSD-9006E.
Condition 35 (a) is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk
infrastructure identified by Council’s LGIP to service the development.
Conditions 35 (b, c, d, e and f) are imposed pursuant to s145 of the Planning Act 2016 being
non-trunk infrastructure.
External Works – Thomas Street
36. Thomas Street must be upgraded for the length of its frontage to the subject site. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular:
a. The verge between back of kerb and property frontage is to be upgraded with exposed
coloured aggregate finish for the full width to the approval of the Design Coordinator -
Infrastructure services.
b. Existing mature vegetation within the road reserve must be retained and protected;
c. area is to include street trees in accordance with the Landscaping Works and Retention
of Existing Trees as part of this approval;
Condition 36 (a) is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk
infrastructure identified by Council’s LGIP to service the development.
Conditions 36 (b and c) are imposed pursuant to s145 of the Planning Act 2016 being non-
trunk infrastructure.
External Works – Albert Street
37. Albert Street must be upgraded for the length of its frontage to the subject site. The works
must be undertaken in accordance with an Operational Works approval, be generally in
accordance with RECOR’s General Arrangement Plan – Ground Floor (010, Rev. C) dated
20 December 2024 and must include in particular:
a. a 1.5-metre wide concrete pedestrian footpath within the road verge for the entire
length of the site’s frontage to Albert Street. The footpath’s width can be reduced (to a
minimum of 1.2 metres), only in locations where a 1.5-metre wide footpath would
impede on minimum clearances from services (i.e., light poles) or result in the creation
of trip hazards for pedestrians;
b. removal of the existing property accesses and reinstatement of the kerb, footpath and
verge area to match the balance of the site frontage, including the provision of topsoil
and turf where the existing verge is grassed;
c. the verge area is to include street trees in accordance with the Landscaping Works and
Retention of Existing Trees as part of this approval;
d. the provision for 6 on-street carparks in a manner that does not disadvantage adjacent
properties or the function and safety of the local road network. The 6 on-street carparks
must be line marked in accordance with AS2890.05, include a minimum width of 2.1m
measured from kerb invert and achieve a minimum separation of 1 metre between all
driveway crossovers and kerb tangents point to not disadvantage existing sight lines;
and
e. the provision for 4 on-street motorbike parks in a manner that does not disadvantage
adjacent properties or the function and safety of the local road network. The 4 on-street
motorbike parks must be line marked in accordance with AS2890.05 and achieve a
minimum separation of 1 metre between all driveway crossovers and kerb tangent
points to not disadvantage existing sight lines.
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Condition 37 (a, b, c, d, and e) are imposed pursuant to s145 of the Planning Act 2016 being
non-trunk infrastructure.
Site Access and Driveways
38. A sealed access driveway must be provided from Albert Street to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval, be generally in accordance with RECOR’s General
Arrangement Plan – Ground Floor (010, Rev. C) dated 20 December 2024 and must include
in particular:
a. a driveway crossover in accordance with Council’s standard drawing RS-051; and
b. suitable safety measures, including warning signage, to improve driver awareness of
pedestrians and enhance pedestrian safety.
Warning signage must be provided near the exit ramp from the underground parking
area to warn motorists of pedestrian movement along the frontage street.
39. An assessment of the existing access driveway on Thomas Street must be undertaken in
accordance with an Operational Works approval. The assessment must be prepared by a
suitably qualified person (RPEQ) and include an assessment on the condition of the existing
access driveway and provide recommendations to achieve compliance with Council’s
standard drawing RS-051.
Car Parking
40. A minimum of 57 car parking spaces must be provided and marked on the site and always
made available and accessible while the use is open for business. The works must be
undertaken in accordance with an Operational Works approval, be generally in accordance
with Arkos’ Basement Plan (CD 2.01, Rev. C) and Ground Floor Plan (CD 2.02, Rev. B)
dated 20 February 2025 and must include in particular:
a. 29 parking spaces within the total, for Short-term accommodation uses and 28 spaces
for Food and Drink Outlet uses which are clearly marked for each purpose and
accessible at all times;
b. pedestrian routes in accordance with the conditions of this Decision Notice;
c. 1 disabled parking space/s within the total; and
d. dimensions, User Class, crossfalls and gradients in accordance with Australian
Standard AS2890: Parking Facilities.
41. 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.
42. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
Service Vehicles
43. Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
The works must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. 1 MRV spaces; and
b. regular access for a Small Rigid Vehicle, Medium Rigid Vehicle, Heavy Rigid Vehicle
and Refuse Collection Vehicle (Side Loader Series V (6x4)) – service vehicles must be
able to enter the site from Albert Street, manoeuvre through the development and exit
onto Thomas Street without exiting the designated “concrete driveway”.
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Security Access to Carpark
44. Where access to the carpark is proposed to be restricted by a security gate, provision must
be made for queuing of vehicles clear of the roadway while waiting for the security gate to
open.
45. Where a secure carpark services a commercial use on the site, the security gate must always
remain open while commercial uses on the site are open for business. The requirements of
this condition must be included in the Community Management Statement for any body
corporate for the subject site.
Pedestrian and Bicycle Facilities
46. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in particular:
a. the development must include 19 bicycle spaces as shown on the approved plans; and
b. adequate separation of all specific pedestrian routes from vehicle access and
manoeuvring areas, and clear demarcation by pavement marking, signposts or
changes in surface materials or levels.
Public Safety
47. During operating hours, all parking areas, pedestrian areas and entrances/exits to all
stairwells, lifts, foyers and public toilets must be well lit with vandal resistant lighting and with
intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”.
Lighting must be designed to reduce the contrast between shadows and well-lit areas. In
particular, appropriate security lighting must be provided in the location of the bicycle/ scooter
parking and bin storage area.
48. After hours access to loading docks, storage areas and the basement carpark (including the
vehicle ramp and all stairwells) must be restricted by a security gate, lockable doors and/or
other suitably appropriate means. The basement carpark must be kept closed and locked at
all times while the use is not operating.
Stormwater Drainage
49. 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, be generally in accordance with RECOR’s Stormwater Management Plan
(20230025-SWMP01, Rev. 01) dated 30 May 2024 and the Queensland Urban Drainage
Manual.
50. A stormwater quality treatment system must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and Water by
Design’s Bioretention Technical Design Guidelines 2014, and must include in particular:
a. stormwater quality treatment devices of a size and location generally in accordance
with those shown in RECOR’s Stormwater Management Plan (20230025-SWMP01,
Rev. 01) dated 30 May 2024.
b. bioretention device(s) which:
a. are design generally in accordance with IPWEAQ Standard Drawing DS-073,
DS-075 and DS-076; and
b. are provided with a free-draining outlet from the sub-soil drainage system.
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51. The development shall be provided with approved permanent signage to educate the public
on the function of the bioretention basin. The wording for the signage for the bioretention
basin is to include: “BIORETENTION BASIN – This bioretention basin reduces the pollution
of our waterways by reducing the amount of heavy metals, litter, suspended solids, and
nutrients discharged to the Noosa River”.
52. All bioretention basins must be maintained in accordance with Water by Design’s Maintaining
Vegetated Stormwater Assets (Version 1) 2009. Records of all maintenance activities
undertaken must be kept and made available to Council upon request.
53. All proprietary stormwater quality treatment devices must be routinely checked, serviced and
cleaned in accordance with the manufacturer’s recommendations. Records of all
maintenance activities undertaken must be kept and made available to Council upon request.
Landscaping Works
54. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. the landscape frontage works shown on the referenced documents are to achieve a
minimum of 1.0 metre width of landscaped area (clear of retaining structures) to all
frontages and a minimum overall site landscaped area of 10%.
b. landscaping adjacent carparks 02-11 inclusive, must incorporate 6 shade trees (1 tree
per 2 car parks). The use of underground structural soil cells to create a minimum of 5
square metres of suitable growing medium / area is required for each tree.
c. vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage
d. provision of 1 street tree within the road reserve for every 8 metres of road frontage
55. 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.
Retention of Existing Trees
56. The existing trees within the road reserve and identified for retention on the referenced must
be retained in accordance with an Arborist Report (or part thereof) prepared by a qualified
person* and endorsed through an Operational Works approval. Should any existing trees
be required to be removed they shall be replaced with a suitably sized specimen, bag size
200 litre min and approved by Council’s Design Coordinator – Infrastructure Services.
*(Refer to Advisory Note)
57. Prior to the prestart meeting, a bank guarantee or a bond of $20,000 must be lodged as
security for the protection of the trees identified for retention in the conditions of this approval.
The bond:
a. may be drawn upon by Council in its entirety if any one tree identified for retention is
damaged to the point where the tree cannot be saved (as confirmed by the project
arborist and agreed in writing by Council)
b. will be returned upon practical completion of all the operational works relating to this
development.
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Earthworks and Retaining Walls
58. The site is contained on the Environmental Management Register. Prior to the issue of any
Operational Works approval, the applicant must provide a ‘Site Suitability Statement’
confirming the site is suitable for the proposed use.
59. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be undertaken in accordance with an Operational
Works approval, be generally in accordance with RECOR’s Bulk Earthworks Layout Plan
(020, Rev. C) dated 20 December 2024 and contained entirely within the subject site unless
written permission from the respective landowner(s) is provided to Council. All earthworks
must ensure that adjacent properties and associated infrastructure is not disadvantaged by
additional flows or adverse impacts on the functionality of access driveways and carparks.
60. 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.
Waste Disposal
61. Prior to Council issuing a Development Permit for Operational Works, an amended Waste
Management Plan must be submitted to council for approval that allows for all waste
collection and servicing to occur on site. The amended Waste Management Plan must be
prepared by a suitably qualified person who is experienced in waste management and
includes in particular:
a. Onsite collection of refuse/recycling should be done using 1100ltr low noise waste
containers. Services to be done several times weekly to reduce the actual bin numbers
on site; and
b. provision for on-site servicing by a Refuse Collection Vehicle (Dennis Eagle Elite 2 6x4
with rear lift configuration) - the Refuse Collection Vehicle must be able to enter the
site from Albert Street, service the site, and exit on Thomas Street; and
c. compliance with The Noosa Plan 2020 – Waste Management Code and PSP9 Waste
Management.
d. the Refuse Collection Vehicle (Dennis Eagle Elite 2 6x4 with rear lift configuration)
must enter via Albert Street and exit via Thomas Street.
62. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy 9 - Waste Management. The facilities must include an impervious
area, within the site, 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.
63. 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.
64. Storage, disposal and management of solid, liquid and vegetative waste is conducted in a
safe and ecologically sustainable manner without environmental nuisance. In this regard,
vegetated waste must be disposed of via a green waste bin or at a local transfer station.
Services
65. 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.
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66. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Damage to Services and Assets
67. 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.
Acid Sulfate Soils
68. A preliminary site-specific Dewatering and Acid Sulfate Soils Management Plan must be
prepared and submitted as part of a future Operational Works application for the site. The
Dewater and Acid Sulfate Soils Management Plan must be prepared by a suitably qualified
person and include, but not be limited to:
a. testing, monitoring and treatment requirements for the works in accordance with the
National Acid Sulfate Soils Guidance; and
b. demonstrate how groundwater encountered during excavations and ongoing
operations of the basement will be managed.
Demolition Works
69. Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
solutions as contained in the Waste Management Code and Water Quality and Drainage
Code of the Noosa Plan 2020.
70. Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Treatment of Temporarily Vacant Land
71. Where some or all of the land remains vacant or undeveloped for more than 3 months, or
buildings are demolished and redevelopment is delayed for more than 3 months, the
following works must be carried out:
a. the site must be cleared of all rubble, debris and demolition materials
b. the site must be graded to prevent ponding (to the same level as the adjoining footpath
wherever practicable), turfed and mown at a minimum 3 weekly intervals
c. the site must be landscaped with perimeter planting consisting of advanced specimens
of fast growing tree species
d. the site must be maintained to ensure no nuisance to adjacent premises, roads or
footpaths
e. where fencing is installed to secure boundaries:
i. the fencing must be durable and not capable of being pushed or blown over
ii. the fencing type must not detract from local amenity (barbed wire is not
acceptable)
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iii. vandalism must be promptly repaired, and any graffiti removed.
Health and Safety
72. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, are removed from the building prior to demolition or relocation.
73. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
74. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
75. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008. Note: Asbestos is a Regulated Waste. The Department of Environment &
Science licenses businesses that transport asbestos waste, and landfills that accept this
waste.
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ATTACHMENT 2 – (MCU24/0074) – PLANNING OFFICER’S REPORT
REPORT
1. PROPOSAL
This application seeks a development approval for Material change of use for a three storey (plus
rooftop terraces) mixed use building comprising Food and drink outlets and Short-term
accommodation.
At ground level (Figure 3) the proposal comprises four Food and Drink outlet tenancies 669m²
gross floor area and 1 x Short-term accommodation unit located in the north-east corner of the site.
The applicant has advised that the hours of operation for the Food and drink outlets will be in
accordance with AO11.2 of the Business activities code, 6:00 AM till 10:00 PM seven days a week
and midnight Friday and Saturday.
The first-floor level of the building contains 6 x Short-term accommodation units (3 units will be
dual key unit configuration).
At the second floor the building contains 4 x Short-term accommodation units (2 of the units will be
a dual key configuration). A combined total of 16 short-term accommodation units over the three
floors.
At the roof level the building will include two rooftop terraces each with private pools. The terrace
areas are approximately 96 and 85 square metres each (see Figure 3). The rooftop terraces
include 2 wooden pergola structures, 2.7 metres in height. The terraces are positioned well within
the central area of the roof envelope and provide substantial setbacks to all street frontages.
The building will include a large basement to accommodate 43 standard plus 2 tandem carparks,
7 Motor bike spaces and 15 bicycle spaces (see Figure 3 - Basement and Ground level). There is
also a number of storerooms for building services and end of trip facilities and 4 lifts to service the
Short-term accommodation units and ground level. Additional parking areas are proposed
adjacent to the southern side boundary and will accommodate an SRV, 3 additional Motorcycle
spaces and 12 parking spaces (including 1 x PWD spaces).
Vehicle entry and exit to the ground and basement level parking areas will be provided primarily
from Albert Street. Access can also be obtained via Thomas Street via an existing easement. The
access easement is located at the southwestern corner of the site and provides reciprocal access
to the neighbouring property at 6 Thomas Street. The easement is to be retained as part of the
redevelopment.
Two existing crossovers fronting Gympie Terrace will be closed and reinstated, with an existing
crossover on Albert Street to be repositioned toward the southern boundary to provide the primary
vehicle access to the site. The closure and repositioning of crossovers results in 6 additional on-
street carparking spaces and 8 motorcycle spaces.
The entire site is subject to flooding. Any redevelopment requires habitable floor levels to be lifted
to achieve a minimum flood immunity of 2.7AHD which is approximately 0.7 to 1.2 metres above
the existing ground level. The proposed development’s maximum building height when measured
from ground floor level of 2.7 AHD will be approximately 12.9 metres to the top of the roof terrace
pergola's (approximately 13.9 metres from existing ground level). However, the predominant
building height of the third storey roof and facia when viewed from street level is shown to be
approximately 10.2 metres above the ground floor or approximately 11.5 metres from ground level.
The site is contained within the Tourist Accommodation zone and the Noosaville Local plan. The
Noosaville local plan code includes planning outcomes for the site and designates the site as a
‘key corner’ under the Noosaville Framework and Character Plan. Of note is the requirement for
Thomas Street and a portion of Gympie Terrace to be developed as primary active street frontages.
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Figure 1 – Locality (Green outline)
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Figure 2 – Site Plan
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Figure 3 – Floor Plans
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Figure 4 – Elevations
Figure 5 – Render - Gympie Terrace elevation
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Figure 6 – Render - Thomas Street
2. SITE DETAILS
2.1. Site History
Several building and development approvals have been issued over the site since 1970. These
approvals relate to the staged development of several Shops and Restaurants within the property
at 203 Gympie Terrace.
Of relevance is a Council approval issued in 2006 for alterations to an approved Restaurant
(development reference 132005.575, 2005/0575) to expand into an existing upper floor level.
Additional car parking was not able to be provided onsite and ultimately a staged contribution in
lieu of car parking (3 spaces) was approved and paid by the Applicant on 4 September 2014.
15 September 2022 - pre-lodgement meeting for a new development application over the site
comprising short-term accommodation and food and drink outlets.
22 September 2023 - MCU23/0121, lodgement of a development application for 22 Short-term
accommodation units and Food and Drink outlets.
31 October 2023 - Returned development application MCU23/0121 due to non-compliance with
action notice dated 29 September 2023.
2.2. Background for this application
• 7 June 2024 - Application lodgement - 25 Short-term accommodation units and Food and
drink outlet 491m².
• 21June 2024 - Confirmation Notice issued.
• 8 July 2024 - Information request issued.
• 8 October 2024 - Information Request response period extended until 8 November 2024.
• 22nd October 2024 - Receipt of amended plans and elevations for review - change of
proposal / redesign to 16 units.
• 8 November 2024 - Stop current period until 13 December 2024.
• 12 December 2024 - Stop current period until 20 December 2024.
• 20 December 2024 - Stop current period until 6 January 2025.
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• 27 December 2024 – Applicant response to Information request. Change of proposal to
accommodate 16 short term accommodation units and amended design generally in
response to information request matters.
• 17 January 2025 - Further advice to applicant, outstanding matters involving stormwater,
waste management and basement design.
• 7 February 2025 - Extension by agreement for Decision period until 7 March 2025
• 13 February 2025 - submission of waste management plan. Prepared by RECOR Engineers.
• 18 February 2025 - Extension by agreement until 21st March 2025.
• 25 February 2025 - applicant submission of updated roof design option and plan.
• 27 February 2025 - applicant submission of amended proposal plans.
2.3. Site Description
The site consists of two large lots comprising a total of 3,750m² in area. Thomas Street (45 metres)
is the western frontage, Gympie Terrace (69 metres) northern frontage and Albert Street (64
metres) the eastern frontage. A combined road frontage of 178 metres.
203 Gympie Terrace (located at the corner of Thomas Street and Gympie Terrace) is the larger lot
and contains predominantly single storey commercial developments consisting of Food and drink
outlets, Office, Indoor sport and recreation, Health care and Shop uses.
207 Gympie Terrace (located at the northeast corner of Gympie Terrace and Albert Steet) is vacant
and was formerly used as a Service station and car wash. The site is contained on the Queensland
Environmental Management Register and is recorded as a notifiable activity subject to hazardous
contaminants. Being a former service station, the hazardous contaminants relate to hydrocarbons.
A separate Material change of use (code assessment) will be required to be made to the Chief
executive (SARA) which will require the Environmental Management Register to confirm that the
premises is suitable for the proposed use in accordance with a site-specific suitability statement.
At this time a site suitability statement has not been approved. A condition has been included within
the recommendation which requires confirmation that a site suitability statement has been
approved prior to granting any Operational works approval.
The entire site and land to the northeast and southwest are contained within the Tourist
accommodation zone and the Noosaville local plan area, see below Figure 7.
Existing vegetation at the site comprise two mature Poincianas trees located at the corner of
Thomas Street and Gympie Terrace. The trees are located just within the site and are intended to
be retained to complement the existing adjacent Bottle Brush trees within the Thomas Street road
reserve. Existing mature Melaleuca, Ficus and Eucalyptus vegetation is located at the northern
and southeastern corners of the site and will be required to be removed as part of the
redevelopment.
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Figure 7 – Noosa Plan 2020 - Site zoning (green linework)
(Orange shade = Tourist Accommodation. Dark red = High density residential zone.
Green shade = Recreation and open space zone.)
2.4. Surrounding Land Uses
The surrounding area comprises the following;
North: Gympie Terrace and the Noosa River foreshore and boat ramp.
East: Albert Steet, ‘Mariners Reef’ (three storey) 213 Gympie Terrace and a Noosa Council car
park.
Figure 8 – 213 Gympie Terrace (‘Mariners Reef’ directly opposite and to the east of Albert Street)
South: 9 Albert Street, Twin Quays resort (three storeys) and single storey commercial
developments fronting Thomas Street.
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West: The ‘DaVos’ mixed used development (three storeys) and other commercial uses fronting
Gympie Terrace.
Figure 9 – 201 Gympie Terrace, Davos (directly opposite and to the west of Thomas Street)
Existing development surrounding the site comprises mixed use and residential developments
ranging in building height from one to three storeys. Surrounding development is consistent with
the predominant land use zoning of Tourist accommodation.
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;
• Noosa Plan 2020 (25 September 2020)
3.2. State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
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Shaping SEQ 2023 (South East Queensland Regional Plan)
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.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
The proposed development will be located over a site (207 Gympie Terrace) contained on the QLD
Environmental Management Register (EMR). Section 21(3A) of the Planning Regulation
prescribes the Chief Executive of DSDIP (i.e. SARA) as the assessment manager for development
triggered by Schedule 10, Part 4, Division 1 (contaminated land). A separate application will be
required to be made to SARA in order for a site suitability statement to be issued for the site
confirming the site can be used for a sensitive land use.
3.3. Statutory Instruments – Planning Scheme
The subject site is in Noosaville and is zoned Tourist Accommodation. The proposed uses are
identified as consistent uses within the zone and are required to follow a code assessable
application process.
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
• Noosaville Local plan code;
• Tourist accommodation zone code;
• Visitor Accommodation code;
• Business activities code;
• Land subject to acid sulphate soils overlay;
• Flood hazard overlay;
• Works 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:
Criteria Planning Proposal Complies
Scheme with
Acceptable
Outcomes
(AO)
Building height
• Storeys 3 storeys max 3 storeys and roof top terrace X
(basement
more than
1.0 metre
above
ground
level)
• metres 12 metres Top of roof top gazebo RL15.6 = X
12.9 metres building height
above flood free floor level and
approximately 13.9 meters
above ground level.
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Roof Facia RL12.9 = 10.2 metres
building height above flood free
floor level and approximately
11.5 meters above ground level.
Site cover 45 % 53% X
Gross floor area 3,000m² max 2,995 m²
Plot ratio 0.8:1 max. 0.79:1
Boundary setbacks
Ground Floor Plan / up to 4.5m
Thomas Street
Ground floor 6.0 metres min 3.5 - 6.0 metres X
First floor 6.0 metres min Ranges from 2.6 metres to roof X
T3 & T4 and 6.0 metres
Second floor 8.0 metres min 6.0 metres X
Roof 8.0 metres min 8.0 metres
Roof Terrace 18.0 metres
Gympie Terrace
Ground floor 6.0 metres min 10 metres to glazing line
reducing to 8.0 metres to outdoor
dining/ 5.0 metres to contained
planter on level 1 above and 3.0
metres to timber pergola.
First floor 6.0 metres min 5.0 metres to contained planter/ X
6.0 metres to balustrade
6.0 metres to contained planter/ X
Second floor 8.0 metres min
8.0 metres to balustrade.
Roof 8.0 metres min 8.0 metres
Roof Terrace 13.0 metres
Albert Street
Ground floor 6.0 metres min 2.6 metres (to communal pool) X
6.0 metres to wall.
First floor 6.0 metres min 5.0 – 6.0 metres (to contained
X
planter) 6.0 metres to wall.
Second floor 8.0 metres min 8.0 metres to balcony
Roof 8.0 metres
Roof Terrace 17.0 metres
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Length of wall 15 metres max > 15 metres (southern elevation) X
Roof Form
Pitch Min 5 degrees 3 - 5 degrees (5 degrees in part X
to southern roof form)
Min 600mm to
75% <75%
Eaves X
Landscaping
Landscaped open space 375 m² min 375 m² (excluding internal and
contained planter on balconies)
Soft landscaping min 10% of total
>1.0 metre
Landscaping Setbacks 1.0 metre
Private open space 6m², 2.0 min >6 m² and > 2.0 metres
dimension
Non-residential 20% max 23% X
component
Carparking
Short-term small dwelling— 29
accommodation one covered
space up to two
bedrooms
if not a
small dwelling—
two spaces
29 spaces
required
Food and drink outlet 1 space per 20 m² 28 X
of use area
(447m²) 23
spaces
Outdoor business
area, excluding
kitchen (220m²)
11 spaces
required
Motor cycle spaces
Accommodation one space per two 10 X
activity dwellings,
accommodation
units
or guestrooms.
8 spaces required
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Business activity one space per
100m² or part
thereof of use
area
667m² = 7 spaces
Bicycle spaces
Accommodation activity one space per two 19
dwellings,
guestrooms/
accommodation
untis.
16 units = 8
spaces
Business activity one space per
50m² up to 500m²
and one space
per 500m² above
500m²
699m² = 11
spaces
Noosaville local plan code
The overall outcomes of the code recognise and reinforce the Noosaville waterfront location and
character by encouraging high-quality, low-rise subtropical buildings and landscape design that
promotes a casual outdoor lifestyle. Buildings are to have a strong relationship with the outdoors
through the incorporation of natural materials verandas and glazing.
The following sections from the overall outcomes, performance and acceptable outcomes are most
relevant to the site and proposed development.
e. Development design and siting responds to the relatively flat topography of Noosaville by
creating visual interest and differentiation in built form through design and the application of:
i. a range of textures, colours, styles and finishes;
ii. a range of architectural elements within the context of a sub-tropical architectural
theme;
iii. varied roof heights, that cumulatively make a positive contribution to an interesting
skyline;
iv. varied setbacks which create opportunities for both landscaping and design variety;
and
v. retention of mature trees and the provision of new landscaping which create attractive
spaces between buildings.
(aa) Development in the Tourist Accommodation zone on Gympie Terrace provides a range of
well-designed entertainment and catering activities which may operate late at night and
include live music which creates a vibrant atmosphere
(ab) Strong visual and pedestrian linkages to the Noosa River foreshore and surrounding areas
are protected.
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(ac) Noosa River foreshore adjacent to Gympie Terrace is retained as an important recreational
space for the local community and visitors. Development or operational works maintains it
as an idyllic place for passive recreation, walking, dog exercise and access to the Noosa
River including ferry stops.
PO14 Development in a centre zone or Tourist Accommodation Zone fronting Gympie Terrace:
a) is sympathetic to the character, streetscape and built form of the locality;
b) contributes to the variety of low set and walk up building styles of various eras in the
streetscape;
c) creates vibrant and active streets and public spaces; and
d) provides integrated and functional car parking and access arrangements that do not
dominate the street.
AO14 Development:
a) respects the layout, scale (including height and setback) and character of development on
adjoining sites;
b) includes detailing and articulation for horizontal emphasis including awnings, facia boards,
parapet walls and upper level verandahs or balconies;
c) provides a fine scale of built form;
d) provides active street frontages where identified as primary active
street frontage on Figure 7.2.4.4 (Noosaville Framework and Character plan) or Figure
7.2.4.5 (Noosa Business Centre Framework and Character plan) that incorporate
shopfronts, indoor/outdoor cafes and restaurants and other activities that are likely to foster
casual, social and business interaction for extended periods. Refer to Figure AP3-8A for
design outcomes for active streetscapes;
e) has building openings overlooking the street and addressing key corners as indicated
in Figure 7.2.4.4 (Noosaville Framework and Character plan) or Figure 7.2.4.5 (Noosa
Business Centre Framework and Character plan) and Figure AP3-7A; and
f) includes the provision of landscaping, shaded seating and consistent and simple paving
materials on footpaths consistent with the character of its setting including where shown as
primary streetscape treatment area on Figure 7.2.4.4 (Noosaville Framework and
Character plan) or Figure 7.2.4.5 (Noosa Business Centre Framework and Character plan).
Assessment
Existing development surrounding and relevant to the development site is the Da’vos site at 201
Gympie Terrace (the western side of Thomas Street) and the neighbouring Twin Quays Resort
development to the southeast of the site. Both existing developments are three storeys in height
with the Da’vos mixed use development containing a number of ground level tenancies setback
closer to street frontages (approximately 2 – 4 metres) creating a more compact streetscape.
A review of the approved plans for the Da’vos site indicates a maximum physical building height of
12 metres ontop of an elevated ground floor level of approximately 1.35 metres. Therefore a total
building height of 13.35 metres.
The proposed development will comprise a slightly higher physical building at 12.9 metres and a
total building height of approximately 13.9 metres above ground level.
At ground level, the Food and Drink outlet tenancies will provide wide outdoor dining and terrace
areas to both street frontages (approximately 8.0 metres wide) which is in keeping with the overall
outcomes of the code to provide mixed use buildings which incorporate open and pedestrian
friendly ground level spaces.
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The urban form and design respond to the flat topography of the site by creating visual interest
using differentiation in building façades through a range of textures, colours and styles.
A preliminary schedule of materials and finishes include a mix of external stone walls, screens,
and operable screens to be constructed from either timber or aluminium battening in a natural
colour tone. The ‘external timber structures’ relate to the rooftop terrace pergolas which are
intended to be constructed from recycle hardwood (below).
The design of the ‘corner site’ includes the ground level food and drink tenancies and external
seating which is setback from site frontages and addresses both Thomas Street and Gympie
Terrace which support an active streetscape outcome (Figure 10).
While the uppermost roof form presents as a more horizontal profile the most recent plans include
a number of recesses along the facia to Gympie Terrace which will assist with providing a degree
of articulation when viewed from ground level.
Figure 10 - Architectural render of ‘corner site’ architectural treatment.
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Right of image – Looking south down Thomas St
Left of Images – Gympie Terrace view looking east
Figure 11 –building elevation along Gympie Terrace.
The design of the building facade elevation breaks the building form into what appears as three
separate smaller buildings. Figure 11 shows the ground-level Food and Drink outlets terraces
which incorporate retractable awnings to promote a subtropical ground-level environment and
articulated elevation to Gympie Terrace.
As shown at Figure 10 the corner site design treatment will include pedestrian stairs to assist with
permeability from the footpath to the ground floor level. The ground-level pedestrian mobility
pathways also aligns with the revised draft Noosaville Foreshore Infrastructure Master Plan which
encourages the corner of Gympie Terrace and Thomas Street as a pedestrian link north to the
waterfront. Ramp and persons with disability access has been included to the Gympie Terrace
and Thomas street frontages (Figure 12 - yellow highlight). The ramps have been located behind
landscaped areas to reduce the visual impact on streetscape.
Figure 12 - Persons With Disability access from Gympie Terrace Thomas Street frontages
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Gympie Terrace and Thomas Street combined will contain approximately 70 lineal metres of ‘active
frontages’ which is in accordance with the local plan code and will integrate with the existing shops
and other dining areas to the west and south of Thomas Street.
A portion of the proposed building at the south-west corner of the site will be setback closer to
Thomas Street at 3.5 metres. The reduced setback for this portion of the building frontage is
appropriate, as it transitions the setbacks of the existing development within Thomas Street which
contains no setback to the site frontage.
It is agreed that the proposed development mix of uses, extent of ground level active frontages,
and integration with existing surrounding development presents a building form in accordance with
the overall outcomes intended under the Noosaville local plan code.
Tourist accommodation zone code
The planning scheme outcomes seek to retain the zone for tourist related developments which
include Short-term accommodation and Food and drink outlets, the proposed development aligns
with this objective.
Proportion of Non-residential uses
In accordance with AO5 non-residential activity is to be no more than 20% of the total site GFA.
The total GFA for the site is 2,995m² and therefore 599m² (20%) of the GFA is stated as a maximum
non-residential use. The Food and drink outlets are 699m² GFA or 23% of the site GFA and
requires assessment against PO5 of the zone code.
PO5 Development is predominantly of a residential nature to
accommodate visitors with ancillary uses limited to Gympie Terrace, Thomas Street and Weyba
Road.
Assessment
The site’s non-residential component complies with the Noosaville Local Plan code being located
on Thomas Street and Gympie Terrace and involves 4 tenancies.
Noting the size and scale of the site the proposed development does not compromise the
opportunity to provide meaningful residential density as evidenced by the development of 16 short-
term accommodation dwelling units. The units provide a flexible range of accommodation units
from 1 – 4 bedrooms.
Furthermore, all the Food and Drink outlets comprise ‘kitchen’ areas which are included within the
definition of GFA. The publicly accessible areas of the Food and Drink outlets GFA comprise the
areas of internal dining which is 446m² or 15% of total site GFA.
The building will present predominately as a Short-term accommodation development with two
levels above ground floor covering the ground floor Food and Drink outlets.
The development is considered to comply with PO5.
Building Height
AO9.1 Buildings and other structures have a building height of no more than:
b) Noosaville and Sunshine Beach – building height of no more than 12 metres;
The proposed development exceeds 12 metres building height above ground level and therefore
falls to PO9 for assessment.
PO9 Buildings and other structures:
a) are low rise and present a building height consistent with structures on adjoining and
surrounding premises;
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b) do not visually dominate the street or surrounding areas;
c) preserve the amenity of surrounding premises including privacy, views and access to
sunlight;
d) respect the scale of any nearby vegetation, retaining a vegetated skyline;
e) respond to the topography of the site;
f) have a maximum building height of:
a. Noosaville - three storeys and appear no more than three storeys from any
elevation;
Assessment
Ground levels around the site vary from approximately RL1.5 along Albert Street increasing to RL
1.7 fronting Gympie Terrace and Thomas Street. The entire site is subject to flooding from the
Noosa River and therefore new development is required to achieve a minimum flood immunity floor
level of 2.7 AHD, approximately 0.7 to 1.2 metres above ground level (see Figure 12).
Council’s information request raised concerns that the total overall height of the building when
accommodating flood floor levels and measured from ground level exceeded 12.0 metres and
requested the height be reduced.
The Applicant submits the proposed development is an appropriate height in metres for the
following reasons:
The proposal has been amended to present as 3 storeys and a rooftop terrace with a roof over the
stairwell only. The proposed rooftop terraces are substantially smaller than the previous design
and accessible from the large 4-bedroom penthouse units 2-02 & 2-03 only.
No other access is provided to these terraces and are directed towards the river. No noise nuisance
is expected from these private terraces and an acoustic assessment is not required because they
are not available for communal use.
A lightweight open timber pergola is proposed on the roof terrace, which does not constitute a roof
or level. The plans also demonstrate the finished ground levels around the edges of the building
and measured from the finished.
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Figure 13 – Building height comparison from natural ground (red line - left) and from FFL 2.7 AHD (red line –
right) Gympie Terrace section
The Applicant’s response to this matter has involved numerous design amendments including
reducing the number of roof top terraces from 6 to 2 and use of sympathetic building materials
involving recycled timber for construction of the roof top terrace pergolas.
Figure 12 indicates two red line measurements of 12 metres building height measured from ground
level and from the flood level of 2.7 AHD. Importantly, the three storeys will be contained within a
maximum 12 metre height when measured from ground level or flood level (Figure 13 - red lines).
It is acknowledged that as part of the applicant’s response to Councils Information request
substantial amendments were made to the roof volume by reducing the number of roof top terraces
(from 6 to 2) and removal of communal facilities which reduced the bulk of the roof and maximum
height from RL 16.9 to 15.6.
PO9 of the code requires that building height is consistent with structures on adjoining and
surrounding premises and do not visually dominate the street or surrounding area. Existing
development to the east, south and west of the site contain buildings which are three storeys in
height.
The building is setback 9.3 metres from the southern side boundary which will ensure
overshadowing does not occur to the adjoining residential resort property (Twin Quays/ 9 Albert
Street).
It is agreed that due to site flooding an allowance should be made to consider building height above
12 metres from ground level. Building floor-to-ceiling heights are an appropriate height with
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elevations indicating a ground level height of 3.6 metres with the remaining upper two floors being
3.3 metres each.
The ground level landscape design to all street frontages include a minimum 1.0 metre landscape
buffer therefore minimising the visual prominence of the ground-level being viewed as an ‘elevated’
ground-level of approximately 1.2 metres.
The additional height is supported as the building presents as three storeys, is located on lots with
three street frontages, is subject to site flooding and is not located within close proximity to adjacent
premises.
Roof Top Terrace
AO20.2 of the Tourist Accommodation Zone code states that development does not include roof
top terraces.
The Applicant proposes two rooftop terraces of approximately 96 and 85 square metres
respectively with private pools to each. Access to the terraces will be from the second level, Units
2-02 and 2-03 and are setback approximately 14 metres from Gympie Terrace, 17 metres from
Albert Street and 18 metres from Thomas Street.
Assessment
PO20 of the code aims to ensure that roof form contribute positively to the local skyline and avoids
boxy profiles and parapets. The roof top terrace areas will be partially located within the roof void
which provides a degree of enclosure, particularly to the southern, eastern and western frontages.
The two rooftop terraces also contain pergola structures which are 2.7 metres in height (see Figure
4 – Elevations and Figure 12 - top right of image) which while visually permeable in construction,
contribute to the overall building height. While the applicant has setback the terraces from all
frontages, they are likely to be noticeable from the surrounding areas and it is recommended
amendments are made to the plans and elevations to:
• reduce the height of the pergola's from 2.7 to 2.2 metres to be consistent with surrounding
roof top terrace heights (i.e. existing Da’vos roof top pergola height, 2.2 metres);
• reduce the height of the dividing walls surrounding the terrace areas from 1.8 to 1.2 metres;
• remove connecting walls between the terrace areas; and
• reduce the area and height of the roof over the stairs accessing the roof terraces.
It is also recommended that a condition is included to ensure that the pergolas are not roofed.
The above listed amendments will reduce the visual perception of building structures at the roof
level.
Setbacks
Building setbacks for the site are required to be in accordance with AO13 and PO13 of the Tourist
accommodation zone code as highted below.
AO13.1 Properties fronting 185-207 Gympie Terrace, 235-257 Gympie Tce or properties facing
Thomas Street where a mixed use building incorporating a non-residential use:
a) 6 metres from the front boundary for up to two storeys provided that
this setback area may contain ramps, stairs, open awnings and unenclosed outdoor
dining areas;
b) 8 metres from the front boundary for the third storey;
c) 6 metres from the rear boundary for up to two storeys;
d) 8 metres from the rear boundary for the third storey; and
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e) From a side boundary where adjoining a mixed use building:
I. 0 metres up to 7.5 metres height; and
II. 2 metres plus 500 milimetres for every 3 metres or part thereof above 7.5 metres
height.
f) From a side boundary where not adjoining a mixed use building:
I. 1.5 metres setback up to 4.5 metres height;
II. 2 metres setback between 4.5 metres - 7.5 metres height; and
III. 2 metres plus 500 milimetres for every 3 metres or part thereof above 7.5 metres
height.
Development fronting all street frontages is required to be setback 6 metres at ground and first
floor and 8 metres at the second floor. The proposed development does not comply with these
acceptable outcome setbacks and therefore falls to PO13 for performance assessment.
PO13
Buildings and other structures are designed and sited to:
a) provide a high level of amenity to users of the subject site and adjoining premises,
including provision of visual and acoustic privacy;
b) not unreasonably obstruct views or cause overlooking of private open space or habitable
areas of adjoining premises;
c) provide adequate distance from adjoining land uses;
d) preserve existing vegetation that will help buffer development;
e) allow for space and landscaping to be provided between buildings including adequate area
at ground level for landscaping with trees, shrubs, outdoor living and utilities;
f) be consistent with the predominant character of the surrounding area, maintaining the
visual continuity and pattern of buildings and landscape elements within the street; and
g) protect the natural character and avoid adverse impacts on ecologically important
areas such as the beach, Noosa River, national parks and other parklands.
Assessment
The design has been amended on several occasions to ensure that building setbacks to Thomas
Street and Gympie Terrace reflect the development outcomes anticipated under both the Tourist
accommodation zone code and Noosaville local plan code. The following information highlights the
proposed building setbacks for both street frontages.
Thomas Street setbacks
At ground-level the proposed design incorporates a 3.5 to 9 metre setback range to the glazing
line of the Food and Drink outlets increasing to 5 – 6 metres at the first floor to the contained planter
and minimum 6 metres to the second floor. Therefore for this frontage the ground level and first
floor do not comply with the minimum setback of 6 metres stipulated in the acceptable outcome.
The Noosaville Framework and Character plan shows Thomas Street as a ‘key view’, looking north
to the Noosa River. The proposed Thomas Street corner involving Tenancies 2 and 3 achieve the
required 6 metres to ensure that the building bulk at the corner enables a compliant setback
towards the foreshore when approaching the Thomas Street corner from the south.
Gympie Terrace setback
At ground level the proposed design incorporates a 10 metre setback to the glazing line and at 5
metre setback to the first floor (contained planter) and increasing to 6 metres at the second floor
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(contained planter). Therefore, for this frontage the second and third floors do not comply with
acceptable outcome setbacks and requires performance assessment against the PO13.
The proposed setbacks to Gympie Terrace provide an appropriate built form and setback which
includes ground-level landscaping and an active frontage as required under the Noosaville
framework and character plan. The proposed setbacks do not unreasonably obstruct views or
cause overlooking of private open spaces to adjoining premises and are supported.
Albert Street setback
At ground level the proposed design incorporates a 5-metre setback at first and second floor
increasing to 8 metres at the second floor.
The applicant submits that setbacks are appropriate for the following reasons;
The setbacks have substantially increased with the revised design, with a 5m setback along
Gympie Terrace to the edge of the concrete planter beds and 6m to the balcony.
The Level-2 setback is 8m to the balcony and roof line, with planters creating a soft landscape
edge to the balconies, as well as providing a ‘green-roof’ covering for the Level-1 terraces below.
The setbacks are considerably larger and more compliant with the Acceptable and Performance
Outcomes - consistent with the character, pattern and landscape character along this important
part of the Noosa River frontage.
The site adjoins one residential ‘resort’ property at 9 Albert Street ‘Twin Quays’. The closest units
within this site contain two balconies, a 4m² rear balcony and a larger 12m² balcony fronting Albert
Street. The larger 12m² balcony appear to have partial view lines towards the north and the Noosa
River foreshore. Aerial photography of the premises also shows two rooftop terraces, above the
third level, setback approximately 20 metres from Albert Street.
The proposed development includes 5.0 metre and 8.0 metre building setback along Albert Street
and 9.3 metre southern setback to the Twin Quays boundary. It is likely that the existing partial
views to the north and northeast (mainly resulting from the Albert Street road reserve width) relating
to the larger 12m² balcony for each unit will be maintained. View lines from the smaller, 4 m² rear
balconies and the roof top terraces are likely to be impacted by the proposed development. It is
noted that the proposed development is a code assessable, consistent use in the Tourist
accommodation zone and proposes development areas within the site generally in accordance
with the planning scheme.
On 22 January 2025 an email was received from a representative of the Twin Quays resort notifying
Council of their objection to on-site waste removal due to the potential of creating unnecessary
noise pollution at early hours of the morning. In response to this concern it is noted that Noosa
Plan 2020 requires that waste generated from a development is managed and appropriately
serviced on site. The site is large in area, has substantial frontages to three streets and therefore
is a reasonable requirement.
No issues were raised in their correspondence in respect of views and or proximity of the
development proposal.
Site cover
PO11 The maximum site cover does not exceed:
a) 45% in the Hastings Street mixed use precinct ; or
b) 45% where a mixed use development incorporating non-residential uses
with frontage to:
a. 185-207 Gympie Terrace or, 235-257 Gympie Terrace, Noosaville; or
b. Thomas St, Noosaville; or
c. Duke Street, Sunshine Beach; or
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c) 40% where not listed above.
The proposed development results in a site coverage of approximately 2,054m² or 53% which
exceeds permitted site coverage stated under the performance outcome. Assessment of the
proposed site coverage falls to the overall outcomes. Relevant overall outcomes include:
The overall outcomes sought for the Tourist accommodation zone are as follows:
• Development provides for a mix of medium to high density visitor accommodation in the
form of resorts, hotels and short-term accommodation such as hostels and self-contained
holiday units.
• Visitor accommodation in the urban areas is supported by a mix of business activities
which create a vibrant atmosphere and complement and enhance the function and
attractiveness of the area as a visitor destination. Cafes, restaurants, entertainment,
function facilities and complementary shopping and personal services cater to the needs
of visitors as well as Noosa Shire residents enjoying these areas.
• Business activities are ancillary to visitor accommodation and should be of a nature and
scale compatible with the mixed-use character and coastal amenity of the area and not
compromise the viability of the Noosa Shire centres hierarchy by introducing activities at a
scale that should be accommodated within a centre. No business uses are appropriate on
215 David Low Way, Peregian Beach.
• In urban areas development incorporates a high standard of urban and landscape design
that creates attractive, functional buildings and places with active or landscaped
streetscapes whilst maintaining a human scale at street level.
• Development incorporates a high level of residential amenity and safety and ensures that
there is no unreasonable loss of amenity to surrounding premises.
• The design of development ensures car parking does not visually dominate street
frontages and promotes and facilitates safe and accessible walking, cycling and public
transport use where relevant.
• Development enhances the experience of the specific features and values that attract
tourists to the locality including the Noosa River, beaches and national parks.
• Land adjacent to or in close proximity to Gympie Terrace, Noosaville offers
ready access to the recreation opportunities of the Noosa River and vistas across
the waterway.
Assessment
The applicant submits the site coverage is acceptable for the following justifications:
Considering the significantly large road frontages on three sides, the building has been designed
to include a large setback to the southern boundary (the only adjoining development). The
significant separation gives an open feeling to the rear of the building and space for car parking
away from the street, deliveries and waste collection. A wide soft landscaped garden is provided
adjoining the neighbouring residential use. As a result, the design does not present or appear bulky
from adjacent properties.
The building is orientated towards Gympie Terrace and Thomas Street consistent with existing
development and the Local Plan code. The design includes large, roofed breezeways and awnings
which contribute to site cover, however in reality provide an open built form and a fine grain
outcome required by the Codes. Generous residential balconies above the ground level provide
openness to the 3 street facing elevations softening the building and offsetting the additional site
coverage.
The application has been substantially amended to include greater setbacks and integration with
the streetscape. Full details of the design are included below and demonstrate compliance with
carparking, gross floor area, height in storeys and landscaping….
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The proposed mixed use building incorporates an articulated building form across the length of all
street frontages (178 metres) which presents as five separate smaller buildings and includes four,
3.3 metre wide physical breaks within the facades to vary the streetscape when viewed from
ground level.
It is agreed that the streetscape presentation to Gympie Terrace and Thomas Street will provide
an outcome sought under the Local plan code by creating an activated street which presents as
three storeys while identifying a key corner building form with articulated screening involving a
range of building materials and finishes. The building includes an interesting building form in
elevation from all streets and will not present as an overbearing development.
The closest neighbouring developments along the southern side boundary involve a three storey
resort complex and single storey commercial premises. The proposed site layout includes a
significant rear set back to existing development of approximately 9.3 metres, which separates the
building to ensure overlooking and overshadowing does not occur.
It is also noted that existing development to the western side of Thomas St (Da’vos) involves a
three storey mixed use building which exceeds 55% site coverage. This building extends down a
greater length of the western side of Thomas Street which establishes a streetscape character
which is more ‘urban’ and compact when compared to the proposed development which
accommodates significantly increased ground level building setbacks reflected in the Noosaville
local area plan code.
The proposed development is considered to comply with the overall outcomes of the Tourist
accommodation zone because it facilitates human scale development, adopts outcomes required
by the local plan code and is three storeys in height. The development is setback from existing
neighbouring development and manages residential amenity by ensuring no overlooking or
overshadowing can occur and positions proposed rooftop terraces towards the northern half of the
site away from neighbouring properties.
Business activities code
The code encourages business activities to develop in a manner consistent with the Noosa Shire
centre hierarchy. Notably building design and siting requires a minimum ground floor ceiling height
of 3.5 metres and outdoor dining areas to provide a minimum 2.1 metre height clearance, located
away from sensitive land uses and orientated towards the street.
Assessment
The proposed Food and drink Outlets are consistent with the above parameters and are positioned
within the site in accordance with the Noosaville local plan code ‘active frontages’ to Gympie
Terrace and Thomas Street. Information submitted by the applicant indicates that the Food and
drink outlets will not involve live or amplified music.
PO11 – PO14 of the code requires the use or activity to be operated in a manner which minimises
nuisance to surrounding sensitive land uses. The Food and drink outlets are intended to be
operated in accordance with AO11.2 which for the Tourist accommodation zone allows for trading
times between 6:00 AM and 10:00 PM Sunday to Thursday and until 12:00 midnight on a Friday
and Saturday.
PO15 and AO15 requires that waste storage areas are located within basements and are visually
screened. Information from the applicant regarding refuse management has not been fully
resolved, however conditions have been included which will require amended waste management
plans to be prepared to the satisfaction of the Coordinator Waste to ensure that refuse storage and
collection can be appropriately managed on site.
In accordance with PO16 and AO16 the proposed development provides adequate on site and on
street carparking provision for future customers of the Food and drink outlets. Conditions have
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been included which will ensure that these areas are made available to customers. The site also
includes provision for an MRV space for commercial deliveries.
Additional information is proposed to be conditioned regarding waste management and servicing
within the site, this is discussed further below.
Works Code - Driveways and parking code
Assessment
57 car spaces are provided within the basement and ground floor level as a total and is not divided
between the Food and Drink outlet and Short-term accommodation uses. The proposal has not
specifically designated car parking for the accommodation use, a condition is recommended
requiring the required 29 car parking spaces to be designated for this purpose.
Based on the remaining 28 parking spaces, the Food and drink outlet requirement of 34 car parking
(less 3 carparks in lieu) is specified in the Noosa Plan 2020 resulting in a shortfall of 6 onsite car
parking spaces and 3 motorcycle spaces.
The applicant submits the removal of existing driveway crossovers to Gympie Terrace (2
crossovers) and a repositioned driveway on Albert Street, results in additional on street parking
which justifies the shortfall.
There is currently 3 on street parking spaces on Gympie Terrace and no designated on street
spaces within Albert Street. The ground level plan of the proposed development shows a total of 6
on street parks fronting Gympie Terrace and 6 on street parks fronting Albert Street and an
additional 8 motorcycle spaces. Therefore, creating a net increase of 6 on street parking spaces
and 8 motorcycle spaces.
It is agreed that the closure and repositioning of crossovers along Gympie Terrace and Albert
Street will provide additional on street car parking spaces to increase the total overall parking to a
sufficient provision in accordance with the planning scheme which directly fronts the development
site.
Waste management code
Historically the collection of waste from the site has occurred from Thomas Street (on street) using
several 240 litre bins. It is understood this occurs daily. This collection method has been relevant
to the existing smaller scale development within the 203 Gympie Terrace site first established in
the 1970s. The Noosa plan 2020 Works Code / Waste Management Code requires that:
AO1.2 Adequate area is provided on-site for the collection and separate storage of recyclable,
non-recyclable, vegetative and hazardous materials in their specific waste streams during
construction or demolition works and the operational phase of development.
As part of this current application the applicant submits that on street collection is still appropriate
for the following reasons;
The proposed development shall have waste collected directly from the kerb along Thomas Street
for commercial tenancies and along Albert Street for the residential collection as shown in Figures
5a and 5b, consistent with the current servicing strategy. This approach is adopted for several
reasons:
1. Safety Concerns: Internal waste collection would require a 12.5m rigid vehicle to navigate
heavily pedestrianized zones within the development. This presents significant safety risks to
residents, visitors, and pedestrians.
2. Noise Concerns: Waste collection within the internal driveways would generate noise
disturbances for nearby residents. There have already been noise complaints from adjacent
property managers regarding this proposal, reinforcing the need for kerbside collection.
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3. Consistency with Adjacent Developments: All neighbouring developments have kerbside waste
collection. Aligning with this practice ensures consistency and operational efficiency. Additionally,
an adjacent loading zone can be utilized during collection to prevent traffic congestion or
disruptions.
4. Existing Easement dedications: To service the development internally, the vehicles would have
to cross multiple easements which were created to provide access to the commercial tenancies to
the south for the proposed development. These include cafes and restaurants, many of which
operate from early hours. It is preferred not to have trafficability issues and potential congestion
due to truck movements adjacent these properties.
5. This servicing strategy reduces the number of waste and recycling bins collected along Thomas
Street compared to the current scenario. By integrating with the revised civil design, it enhances
service efficiency, minimizes street clutter, and improves overall safety.
Assessment
The Applicant has been advised on several occasions that on street refuse collection would not be
supported as part of this ‘whole of site’ redevelopment and to confirm the way in which refuse was
intended to be managed. A waste management strategy was submitted by the applicant on 13
February 2025 which retains the current on street method.
On going discussions and a meeting on 19 February 2025 with Council’s Waste department have
concluded that there are concerns with on street collection for the following reasons;
• A clear strategy for the source separation of waste streams, including cardboard, organic
waste, glass and any proposed source separation options had not been provided.
• A revised waste servicing approach that minimised pedestrian and vehicular conflicts
should be developed. The drive thru and turn out of the site onto Thomas Street is
achievable and is a preferrable onsite strategy versus on street collection.
• Kerbside waste servicing in a high-pedestrian flow area presents a significant risk due to
side-lift arm operations. A rear-lift vehicle service, performed on-site, would minimise public
interaction and operational hazards.
• The proposed use of 240L–360L bins will result in a higher number of bins compared to an
1100L bulk bin system, also limiting recycling opportunities. Consideration should be given
to a bulk bin system for improved efficiency.
• The drive thru of waste vehicles from Albert Street and turn out to Thomas Street is
achievable.
Council’s Waste section and Infrastructure engineers have reviewed the proposal in detail and do
not believe there is any substantive reason why on-site collection could not be achieved.
Accordingly, the applicant’s proposition of retaining on street refuse collection is not supported.
Relevant conditions, requiring amended plans and waste management report are included within
the recommendation which require all waste to be collected on site in accordance with Noosa
Plan 2020 and contemporary waste management practices.
Flood Hazard overlay
The entire site and surrounding area is contained within the Flood hazard overlay. The applicant
submits that even though the site is contained within the overlay only a minor portion of the site is
subject to a Q100 flood event as indicated below;
The subject site is located adjacent to the Noosa River. Noosa Shire Council Intramaps indicates
that the site is located above the current 1% AEP flood event, however Gympie Terrace and
Thomas Street are subject to minor inundation during this event. A copy of Council’s flood mapping
layer is shown below in Figure 4-1. No impacts to site access are envisioned as a result of this.
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Council has previously advised that a minimum finished floor level of RL 2.7m AHD is required for
the site to provide flood immunity for future climate change and increased flooding associated with
storm tides and sea level rises. The site currently has an average elevation of around 1.7m AHD.
Therefore, the site will need to be filled by approximately 1m to achieve climate change
requirements.
Assessment
The site is subject to inundation from the Noosa River of RL 2.4 AHD. New development is required
to achieve a minimum finish floor level of RL 2.7 AHD. Plans and elevations of the proposed
development reflect this floor level.
Stormwater management
The applicant has submitted a Site based stormwater management plan which indicates the
installation of a 30m² bioretention system within the northeast corner of the site and a basin to the
north west corner to treat and discharge stormwater. Development Engineering have reviewed
the treatment design are in general agreement with the location of the above devices and proposed
method of disposal.
Noosa Plan 2020 – Amendment 2
A review of the proposed amendments indicates that the site is intended to be rezoned from Tourist
Accommodation to the District Centre and High Density Residential zones.
Under the District centre zone level of assessment table, Short term accommodation uses are
Impact and inconsistent development with preference to smaller longer term residential uses such
as Dual Occupancy and Multiple dwellings. Further, the draft District Centre zone code removes
performance or acceptable outcomes for site coverage. Other design parameters in relation to
building height, number storeys and setbacks etc remain the same.
While the application involves Short Term accommodation uses it is acknowledged the application
was prepared prior to the public display of the planning scheme amendments however was formally
lodged on 7 June 2024 shortly after the scheme amendments were publicly displayed. The
proposed development involves accommodation facilities (1-to-4-bedroom units) which are self-
contained and provide onsite car parking provision in accordance the rates currently required for
short term accommodation.
Draft Noosaville Foreshore Infrastructure Master plan
The Noosaville foreshore is located directly to the north of the site. The draft masterplan shows
the ‘Quota Park’ and ‘Boat ramp and Ely park’ precincts near to the site.
The Quota Park precinct supports public recreational use of established green open spaces and
support limited levels of low impact land use activities. Planning strategies include the
improvement of connection between business areas and the foreshores and to prioritise safe and
accessible pedestrian and cycle connections.
The concept plan shows the existing intersection at Thomas Street and Gympie Terrace to be
improved with pedestrian pathways from the intersection heading north to the foreshore
recreational areas.
The proposed development incorporates easy pedestrian connections to the pedestrian pathways
shown in the NPM by including a number of pedestrian connections from the ground-level active
frontages to Thomas Street and Gympie Terrace.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
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4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Development Engineer, Development Assessment
Stormwater and Flooding
The combined development area exceeds 2,500m2 and triggers water quality treatments under the
SPP. The development includes a 30m2 bioretention basin and two proprietary devices to achieve
the load reduction targets outlined in the SPP and the Water Quality and Drainage Code. The
strategy is considered generally compliant with PO7 by incorporating natural processes and
materials, where possible.
The development is required to achieve a minimum habitable flood level of 2.70m AHD. This will
require approximately 1m of fill across the site to achieve this flood level and flood immunity.
Access and Parking
Site ingress is to occur via a proposed 7.4m heavy duty vehicle crossover from Albert St with site
egress to occur via an existing 6.5m heavy duty vehicle crossover onto Thomas St. The Thomas
St crossover services the existing tenancies located on Lot 2 on RP138699 and adjoining tenancies
on Lot 1 on RP161212.
Insufficient information has been provided demonstrating how the proposed fill and additional
vehicle movements will avoid disadvantaging the adjoining carpark on Lot 1 on RP161212. It is
also unclear whether the terms and conditions of the existing easements (A, B, C & D) need to be
amended. Conditions have been included which will require the applicant to submit additional
technical reports and amendments to gain the necessary Operational works approval for access.
The above matters will need to be considered in any revisions to technical reports for approval.
The carparks and associated manoeuvring areas are generally sized in accordance with the
corresponding User Class in accordance with AS2890.
The Civil Plans demonstrate that service vehicles, including an SRV, MRV and a 12.5m HRV (i.e.,
a waste collection vehicle), can circulate through the site. Contrary to the information provided by
the applicant, the applicant has provided vehicle swept paths (prepared by RECOR) suggesting
that Council’s 10.5m Side Loader Series V is unable to internally service the development. The
matter of waste collection is further discussed below.
Earthworks
The development includes up to 4,300m3 of cut, 1,600m3 of fill and a balance of 2,700m3 of
exported material. The earthworks will occur below 5m AHD and therefore trigger assessment
against the SPP for Acid Sulfate Soils.
As part of Council’s Request for Information (dated 8 July 2024), Council requested:
• a preliminary ASS investigation;
As part of the applicant’s response dated 27 December 2024 and subsequent correspondence,
the requested details have not been provided. Conditions have been included which will require
the preparation of an Acid Sulphate management plan for approval by Council.
Waste Manoeuvring
The applicant has been unable to provide a Waste Management Plan that complies with the Waste
Management Code and Planning Scheme Policy (PSP) 9 Waste Management. This matter has
been raised numerous times by Council staff (including the Waste Branch).
The vehicle swept paths provided by the applicants consultant suggest that on-site servicing is
more than likely achievable subject to further detail (and potentially minor design amendments).
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• Senior Environment Officer, Development Assessment
The application material has included a landscape concept plan that meets the minimum landscape
percentage required. Several existing Delonix regia within the road reserve and development site
have been identified on the plans as being retained. Conditions requiring the protection of these
trees through an arboricultural report at the time of operational works has been provided.
Limited space has been provided to the southern boundary adjacent car parks 02-11. This buffer
width should be no less than 2 metres wide, however the applicant proposes approximately
600mm. As a result of this limited space no trees have been provided along this boundary.
Conditions have been offered that require structural soil cells to be provided under the car park to
create grow media / space for tress which have been conditioned 1 per 2 car spaces along this
boundary.
Street trees have been required at 1 tree per 8 metres of road. The species will have to be chosen
from a small palette of trees suitable for use in close proximity to powerlines.
Perimeter landscaping has been provided along Thomas Street, Gympie Terrace, and Albert Street
at varying widths.
• Principal Strategic Planner, Strategic Planning
Land use - the proposed land use ratio of commercial to residential slightly exceeds the 20%
required by the Scheme. While the ratio exceeds the scheme, overall, the commercial component
does not dominate the development and interfaces well with the commercial street front of the
corner site and provides uses that service both residents and visitors. In addition, the draft
amendments propose the site as District Centre – and increase in commercial is consistent. The
ratio raises no concerns.
Activated street front - the Noosaville Framework and Character plan shows active street front
along Thomas St and Gympie Tce to Albert Street, both lots 2 and 7. The proposal activates
(subject to flooding constraints and required setbacks) frontage of Lot 2 but not Lot 7. This raises
no concerns as this location is adjacent to residential units along Gympie Tce and provides
consistency in land use from the east and reduces potential commercial/residential conflicts in that
direction. No activation east of lot 2 raises no concern. In addition, the proposed amendments also
propose to remove the active frontage.
Site cover/Built form - the setbacks and built form provide a key corner outcome with landscaping
and activation (or addresses the street for the residential) considered to generally meet the
planning scheme intent for the corner. In terms of site cover, the proposal is 53% while the scheme
seeks 45%. This does not raise any significant concern as the building is well articulated and
creates visual interest from the street. In addition, the proposed amendments remove the site cover
provision on lot 2 as its proposed as District Centre zone.
• Coordinator - Infrastructure planning
The open stepped access corner is a good outcome. The footpath extents along Gympie Terrace
interface should be all hardstand pavement with street trees equally spaced along back of kerb
and between parking bay to add scale and shade. These can be placed in grilles and of clear stem
form to retain views from the food and beverage/retail out to the water.
Conditions have been included which will require the full length of the Gympie Terrace and Thomas
Street verges (back of kerb to property boundary) to be upgraded to provide an exposed aggregate
finish which include street tree plantings, removal of redundant crossovers and reinstatement of
kerb and channel. Existing mature tree species within the Thomas Street road reserves will also
be required to be protected and retained.
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5. HUMAN RIGHTS COMPATIBILITY STATEMENT
In developing this Report, the subject matter has been considered in accordance with the
requirements of the Queensland Human Rights Act 2019. It is considered that the subject matter
does not conflict with any human rights and supports a human rights approach to decision making
by Council. Council representatives will endeavour to act and make decisions under this report in
a manner that is compatible with human rights. This report should be read in conjunction with
Council’s Human Rights Policy.
6. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions.
This application seeks a material change of use for a Short term accommodation and Food and
Drink outlets at 203 - 207 Gympie Terrace, Noosaville. The proposed uses are consistent uses
under the Tourist accommodation zone.
The design of the building and site layout is generally in accordance with the Noosaville Local plan
code Framework and Character plan which requires active frontages to develop at the corner of
Thomas Street and Gympie Terrace and a building form which is articulated, three storeys in height
and address street frontages.
Building height relating to the roof top terraces and the architectural presentation of the southern
elevation raises some concerns. Amended plans will be requested to ensure roof top pergolas
and terrace structures are reduced in height and bulk and that areas of blank walls provide
additional design detail and articulation.
Waste management for the proposal was not able to be resolved during the application
assessment. While the applicant maintains that waste can be managed on site and collected on
street, this was not supported by Council’s Waste Coordinator. Conditions have been included
which will require amended plans and technical reports for approval to ensure that waste is stored
and able to be collected on site.
The application is recommended for approval subject to reasonable and relevant conditions.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
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Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Commercial Property
Strategy & Environment & Development & Regulation Infrastructure Services
Sustainable Development
Director x Director x Director
x Strategic Land Use Planning x Development Assessment x Infrastructure Planning, Design
and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services x Environmental Health Asset Management
Innovation & Digital Hub x Building & Plumbing Building & Facilities
Property / Permits Disaster Management
x Waste
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