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AGENDA
General Committee
Meeting
Monday, 15 January 2018
commencing at 10am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson,
Joe Jurisevic, Frank Pardon, Brian Stockwell, Tony Wellington
“Noosa Shire – different by nature”
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Full text of sections 2 to 79 (of 135)
Section 2
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS DIRECT TO GENERAL COMMITTEE 3
1 EXPRESSION OF INTEREST OUTCOME - COOROY RV STOPOVER
MANAGEMENT SERVICES 3
2 132005.1133.07 REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR 145
MULTIPLE DWELLING UNITS AND ASSOCIATED FACILITIES, SHOP,
RESTAURANT, MULTI-FUNCTION ROOM AND GYM FOR 75 RESORT DRIVE,
NOOSA HEADS 14
3 RAL17/0501 DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT (1
LOT INTO 6 RESIDENTIAL LOTS), LOCATED AT 2 DAVID LOW WAY,
CASTAWAYS BEACH 48
4 REC16/0014 DEVELOPMENT PERMIT FOR RECONFIGURING A LOT, 1 LOT
INTO 11 RESIDENTIAL LOTS, LOCATED AT 28 ELKHORN DRIVE, TEWANTIN 70
5 MCU16/0144 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
OF PREMISES RETAIL BUSINESS TYPE 2 SHOP AND SALON AT 1 KINGSGATE
DRIVE, TINBEERWAH 81
6 PS17/0021 PLANNING & ENVIRONMENT COURT APPEAL NO 4595 OF 2017
REFUSAL TO CHANGE ACTION NOTICE FOR SEALING OF SURVEY PLAN
(STAGE 1) 191 HOLLETT RD, NOOSAVILLE 102
7 MCU17/0049 PLANNING & ENVIRONMENT COURT APPEAL D160 OF 2017
REFUSAL OF DEVELOPMENT APPLICATION FOR HOME-BASED BUSINESS
TYPE 3 (SWIM SCHOOL) AT 8 MCKENNA COURT, NOOSAVILLE 106
8 ZERO EMISSIONS NOOSA ORGANISATIONAL ACTION PLAN 109
9 ZEN - SOLAR SYSTEM SUPPLY & INSTALLATION - 1718Q043 STAGE 2 120
10 FINANCIAL PERFORMANCE REPORT - DECEMBER 2017 126
CLOSED SESSION -
Page 2 of 135
Section 3
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
REPORTS DIRECT TO GENERAL COMMITTEE
1 EXPRESSION OF INTEREST OUTCOME - COOROY RV STOPOVER MANAGEMENT
SERVICES
DOCUMENT INFORM AT ION
Author Property Advisor, Denis Wallace
Corporate Services Department
Index ECM/ Applications/MCU15/0003/VP16/0011/Property/17 Mary River Rd
Attachments 1. EOI Evaluation Summary Sheet
2. Submission Regarding the RV Stopover Operation
EXECUTIVE SUMMARY
Council established the Cooroy RV Stopover in 2015 to address an identified need to cater for
RV travellers in the Noosa hinterland. Council invested significant funds and resources to
establish and operate the stopover facility but patronage has been modest at best. A report to
Council in August 2017 indicated the current third-party management agreement to operate the
facility represents a poor financial outcome. A new Expression of Interest (EOI) process was
undertaken to seek new management proposals for the facility, with 5 submissions received from
a range of business and community entities.
Council’s EOI assessment panel scored the submission of the incumbent manager, Crimmins
Enterprises, highest and noted its management of the RV Stopover has been to a high standard
and met Council expectations. The panel considered Crimmins Enterprises to have an excellent
relevant track record and experience. Its submitted fee proposal represents a projected financial
saving of $9,015 over the existing management arrangement but the facility is still anticipated to
cost in the order $10,000 per annum to maintain.
The report considers alternate options for the Cooroy RV Stopover, including investment in new
amenities and facilities, Council management and closing the facility. The option presented by
the EOI outcome is preferred to allow the facility to remain open, whilst at the same time reducing
operating costs to contribute to Council’s ongoing financial sustainability. The EOI assessment
panel supports Crimmins Enterprises’ submission and it is recommended Council agree to enter
a new management agreement for a total term of up to 3 years.
RECOMMENDATION
That Council note the report by the Property Advisor to the General Committee Meeting dated 15
January 2018 regarding the expressions of interest process undertaken for management
services for the Cooroy RV Stopover and:
A. Agree to enter a new management agreement with Crimmins Enterprises for management
of the facility for an initial one (1) year term; and
B. Authorise the CEO to award two management agreement extensions of 1 year, subject to
satisfactory performance.
Page 3 of 135
Section 4
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
REPORT
1. Background
The purpose of this report is to provide the results of a recent Expression of Interest (EOI)
process for management services for Council’s Cooroy RV Stopover facility.
Council operates the Cooroy RV Stopover on freehold community land at 17 Mary River Road,
Cooroy. The facility was established in 2015 to address an identified need for RV travellers in
the Noosa hinterland. It was intended the facility would operate for a two year trial period and be
subject to a review.
The development approval obtained for the facility allows it to accommodate up to 40 fully self-
contained Recreational Vehicles (RV’s), subject to conditions that include:
Maximum of 4 night stays;
Requirement for an on-site caretaker;
Disaster management requirements; and
No on-site release of grey water or waste permitted.
Visitors are currently charged $10 per night per RV. Site improvements include a public waste
dump point, signage, access gates and access controls. Amenities are available on-site for the
caretaker only and all visiting RV’s must be fully self-contained. The facility is managed under a
third-party management agreement, the manager’s primary responsibilities are:
Day-to-day operation of the facility in accordance with the development conditions and
workplace health and safety requirements;
Management of bookings and visitor fees;
Appointment of on-site caretakers (for periods not exceeding 3 months);
Providing summary reporting to Council on visitor numbers; and
Enacting disaster management plan requirements (mainly in relation to rainfall events, as
the site is within Cooroy Creek’s flood plain).
A report reviewing the performance of the RV Stopover was considered at Council’s August 2017
round of meetings. The report noted the facility:
Achieves modest patronage, with 1,607 visitor nights recorded for FY2016/17 at an
average of 5 RV’s per day;
Operated at a loss of approximately $19k in 2016/17;
Would require significant patronage increases to achieve cost neutrality under the current
model; and
Now competes with an alternate private facility established on the outskirts of Cooroy,
known as the Cooroy No Worries RV Stop.
The report identified the current third-party management services arrangement, which involves
remuneration of $18,250 per annum plus 50% of visitor fees, as the facility’s primary cost. In
accordance with the report recommendation, Council resolved to explore ways to reduce the cost
of the management services via a new expression of interest (EOI) process.
Page 4 of 135
Section 5
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
2. Expressions of Interest
An EOI for Management Services for the Cooroy RV Stopover was advertised in the Noosa
News and Cooroy Rag and listed on Council’s website. A number of potentially interested parties
and community groups were also advised directly. Respondents were invited to submit
applications to LG Tenderbox, Council’s e-tender portal, with applications closing on 17 October
2017. The EOI supporting material comprised of:
An EOI Invitation providing background and outlining the management services sought by
Council;
The facility’s MCU Development Approval;
A schedule of operational and maintenance requirements;
Visitor history data;
Indicative schedule of annual interruption dates (i.e. Pony Club and Car Club event dates);
Draft Management Agreement; and
Site Disaster Management Plan.
There were 22 downloads of the EOI material from separate entities through the e-portal and 5
formal EOI submissions were received.
An evaluation panel comprising of Council property, governance and procurement staff reviewed
the submissions in accordance with the assessment criteria and obligations under Council’s EOI
processes. The panel’s summary evaluation spreadsheet is included as Attachment 1. Brief
discussion of the submissions is provided below.
Ezy Adventures
The assessment panel noted the respondent’s relevant tourism industry experience but deemed
its submission to be non-conforming because provision of an on-site caretaker was not proposed.
Ezy Adventures propose to run the facility by a sole resident from Noosa Heads, which does not
comply with the EOI invitation and supporting material, including a number of identified
mandatory management responsibilities of critical importance.
Cooroy Chamber of Commerce
The respondent was considered to have access to a network of local business and community
members and have reasonable capacity to undertake the management services. However, the
assessment panel had concerns with the proposed ongoing use of rostered volunteers to run the
site, uncertainty with the process to find and appoint caretakers and the Chamber’s lack of
relevant experience.
Crimmins Enterprises Pty Ltd
The respondent is the incumbent manager of the RV Stopover and also manages Council’s
Boreen Point Camp Ground. The assessment panel noted Crimmins Enterprises’ management
of those facilities has been to a high standard and met Council expectations and considered the
respondent to have excellent relevant track record and experience.
Glenbrae Operations Pty Ltd
The respondent operates the Cooroy No Worries RV Stop on the outskirts of Cooroy. The
assessment panel noted Glenbrae Operation’s facility is similar to Council’s, is understood to
have operated successfully for a number of years and is well regarded. The panel considered
the respondent’s relevant track record and experience to both be very good.
Cooroy Future Group Inc.
The respondent was considered to have access to a network of local business and community
members and have reasonable capacity to undertake the management services. However, the
assessment panel had concerns with the proposed ongoing use of rostered volunteers to run the
site and the Group’s lack of relevant experience.
Page 5 of 135
Section 6
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Fee Proposals
The management fee proposal (price) comprised half of the EOI assessment criteria weighting.
Based on 2016/17 visitation figures the fee proposals equated to:
Cooroy Crimmins Glenbrae Cooroy Future
Chamber of Enterprises Operations Group
Commerce
Take of Fees 100% 100% 100% 50%
Annual Retainer $Nil $5,000 $7,500 $18,000
Estimated Total
Remuneration: (based on $16,070 $21,070 $23,570 $26,035
FY16/17 visitation)
3. Options Review
The current management model represents one of a number of options available to Council.
Details and discussion of the primary options is provided below.
Option 1: Modified Management Model with New Cost Savings
The EOI process has resulted in potential cost savings for the management of the site. The
submission by the recommended respondent, Crimmins Enterprises, represents a saving of
$5,215 against the existing arrangements, based on:
Crimmins Enterprises’ Crimmins Enterprises’
existing management proposed new
terms management terms
Take of Fees: 50% 100%
Total Fee Take ($): $8,035 $16,070
Annual Retainer: $18,250 $5,000
Total Remuneration: (based on 2016/17 $26,285 $21,070
visitation of 1,607 visitor nights)
In addition to this cost saving, the following further changes to the existing model are proposed:
Council to cease using a proprietary 3rd party booking platform, licence costs for which are
approximate $2,500 per year. RV Stopover manager to be responsible for its own booking
arrangements.
Public liability insurance to be the responsibility of the manager and no longer reimbursed by
Council.
Both these responsibilities were incorporated in the EOI’s management model. A comparison of
the previous and posed trading position (using 2016/17 visitation figures) is detailed below.
Running Costs 2016/17 Proposed
Water supply (dump point and caretaker’s amenities) $1,000 $1,000
Electricity supply (dump point and caretaker’s amenities) $2,500 $2,500
Fees for third party online booking system $2,500 $-
Health Licence annual fee $ 500 $ 500
PL Insurance $1,300 $-
Minor maintenance/civil $1,000 $1,000
Total: $8,800 $5,000
Page 6 of 135
Section 7
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Estimated trading position:
Profit / Loss 2016/17 Proposed
Income
Visitor fees retained by Council $8,035 $-
Expenses
Managers’ retainer -$18,250 -$5,000
Approximate Running costs -$8,800 -$5,000
Total Profit/Loss -$19,015 -$10,000
The new management arrangement poses a forecast saving of approximately $9k over the
current trading position although does not achieve cost neutrality for the operation.
Option 2: Upgrade the Facility
Council has been approached to invest further in the RV Stopover to improve facilities and
increase visitation. A submission provided by proponents is included as Attachment 2.
Suggested improvements include:
Open the Combined Coastal Car Club’s adjacent toilets & showers for use by the RV
facility.
Amend the development approval to delete the requirement for self-contained vehicles
only.
Provide BBQs.
Establish a visitor information centre.
Construct a pathway around the James Hardy building to connect to the Lower Mill area.
The Car Club has indicated it is supportive of the submission and the use of its toilets and
showers in principle, provided Council bears all costs for cleaning, maintenance, utilities and
repairs. The Club has also expressed a desire to negotiate greater flexibility for its own camping
use of the site.
Option 3: Dispense with 3rd Party Management
Council could consider abandoning the current management model and choose to appoint
caretakers directly and to collect fees either by the caretaker or an honesty box. This approach
would transfer management risks and responsibilities to Council.
Option 4: Close the Facility
This option presents the lowest financial risk. The Cooroy RV Stopover has not reached cost
neutrality through 2½ years of operation and EOI options do not provide potential to achieve that
outcome. The facility achieves only modest patronage and it is notable that a new private RV
stop has established on Cooroy’s outskirts since Council decided to address the lack of RV
facilities in the area.
It is recommended Council reappoint the facility manager under a new management
arrangement to achieve cost savings, as identified in Option 1. This option is preferred because
it:
Maintains operation of the facility and reduces Council’s costs;
Provides professional management of the facility and adheres to Council’s development
approval obligations; and
Allows the manager to retain 100% of the visitor fees, which should incentivise the
promotion of the RV Stopover by the manager.
Page 7 of 135
Section 8
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Options 2 – 4 are not preferred because:
The provision of amenities and investment in new facilities would result in ongoing
additional operating costs to ratepayers (i.e. operations, maintenance and depreciation);
Changes to provision of amenities and allowing self-contained RV’s raises conflicts with the
site’s development approval and are not supported by Planning Assessment; and
The facility plays a role in Cooroy’s visitor facilities and the estimated annual cost of the
current operation is considered modest and supportable.
It is recommended Council agree to enter a 1 year management services agreement with
Crimmins Enterprises with the potential for 2 x 1 year extensions subject to satisfactory
performance and mutual agreement of the parties. The management agreement drafted
incorporates amendments to the management model and will achieve the cost savings detailed
in this report.
Previous Council Consideration
Ordinary Meeting Minutes, 28 August 2014, Item 6, Page 17
Council note the report by the Executive Officer to General Committee Meeting dated 25 August
2014 relating to the provision of a recreational vehicle (RV) stopover area, waste dump point and
associated facilities at Cooroy, and request staff to:
A. Enter into formal negotiations with the Combined Coastal Car Club to allow for a 12 month
trial for an RV Stopover utilising the open space included in the Club’s permit to occupy
over part of Lot 1 SP242414, 17 Mary River Road, Cooroy;
B. Submit an application for material change of use to allow temporary use of the site for up to
2 years by fully self-contained compact recreational vehicles (excluding big rigs over 12.5
m in length), subject to satisfactory arrangements being made with the Combined Coastal
Car Club;
C. Develop a detailed minimum design and associated estimate of costs for a waste dump
point and associated facilities to be located within Lot 1 SP242414, 17 Mary River Road,
Cooroy (as per Figure 2 outlined in the report), together with associated directional and
user signage with a view to a request for funding being submitted to the quarterly budget
review process to allow construction to occur during 2014-15;
D. Prepare a feasibility assessment of the project to ensure that all financial and risk issues
are addressed including the approach to the management model for the 12 month trial; and
E. Investigate options and estimated costs to provide parking spaces for long “recreational”
vehicles in close proximity to Cooroy town centre and revisit usage of the Council freehold
land opposite Cooroy Library for an interim parking area for longer vehicles until a
permanent solution can be implemented.
Ordinary Meeting Minutes, 4 June 2015, Item 4, Page 15
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 26 May 2015 regarding Application No. MCU15/0003 for a
Development Permit for a Self-Contained RV Stop & Waste Dump Point situated at 17Mary River
Road, Cooroy and:
A. Approve the application subject to the conditions and grounds for approval contained in the
Planning & Organisation Committee Agenda dated 26 May 2015 with the deletion of
condition 11 and amendments to conditions 13 and 16 to read as follows:
13. To ensure the safety of visitors, the site must be managed by a caretaker.
Page 8 of 135
Section 9
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
16. The vehicle access road, passing bays, access driveways and waste dump point
must be constructed generally in accordance with the approved plans. These works
must be completed prior to the commencement of the use.
B. Reaffirm Council’s position that the Combined Coastal Car Club and Cooroy Horse & Pony
Club’s needs for use of the site will be given priority, with the area in front of club house
and the first access driveway only used on an as needs basis after consultation with the
Combined Coastal Car Club.
Ordinary Meeting Minutes, 17 August 2017, Item 2, Page 8
That Council note the report by the Property Advisor to the Services & Organisation Committee
Meeting dated 8 August 2017 and proceed to an Expression of Interest process for management
of Council’s RV Stop facility at 17 Mary River Road, Cooroy (Lot 1 SP242414), as detailed in the
report.
Finance
The report outlines the financial implications of Council’s options for the Cooroy RV Stopover.
Community requests to provide new amenities and facilities have not been quantified through
detailed cost benefit analysis but would likely involve considerable whole of life costs to
ratepayers.
Risks & Opportunities
The recommended option will allow Council to meet broad Cooroy community expectation by
continuing to provide the RV Stopover facility. The report identifies some community desire for
Council to invest further in the facility, but this is considered to significantly increase Council’s
financial and development compliance risks. Options associated with remote or abandoned
management of the facility would also create significant development compliance and disaster
management risks and this is considered unacceptable.
Consultation
External Consultation - Community & Stakeholder
The report details a submission made by proponents for changes to the RV Stopover. The
President of the Combined Coastal Car Club was approached for feedback on the submission.
Internal Consultation
Procurement Advisor
Governance Advisor
Property Manager
Community Development Manager
Property Officer
Departments/Sections Consulted:
Chief Executive Officer X Community Services X Corporate Services
Executive Officer x Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries x Procurement & Fleet
Local Laws x Property
Waste & Environmental Health Revenue Services
X Executive Services Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
x Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 9 of 135
Section 10
ATTACHMENT 1
Page 10 of 135
NOOSA SHIRE COUNCIL — Weighted Attribute Evaluation Spreadsheet - Final Evaluation
ee ATTACHMENT 1
NAME OF TENDERER PRICE
(Conforming Tenders Only) (excl of GST)
1
2
3
4
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6
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Od
MO
NON-CONFORMING TENDERS
|
1 2 3 4 5 6 7 8 9 10
| RattA=Nonocecetemente | merce Lommastermracs | UVa | Gompme | | FT
PARTA- Non price elements Commerce Gimmins Enterprises Pry lid Grouyp Inc
LORI A- Non price cements.
ant score! Resultant i Resultant Resultant Resultant Resultant Resultant Resultant Resultant
Evaluation Giteria Weighting (%) St score x are score x score X score x score x score X score x score x
x weighting ‘ghtin; x weighting weightin ight in weightin; ightins weightin ightin; ightin
Undertakings
Emmissions Control Measures ve 40 00 70 50 60 00 °
2. Ja 3. 2
oa etna Sor Ee a a
Son ane
a OY [amor [OE] Se | Pd
HARI rie komen wdamece [Omni eerwtes | Rene | Gok |
‘Total Fees (Pc) 50% $16,070 $21,070 $23,570 $26,035 so $o
Average Fees (Pav) $......0.0c0c0cccceeee $21,686
Price Score 126 103 91 80 0 0
Normalised Price Score (Pn) 100 82 73 64 0 0
Weighted Price Score (Pw)
The Contract Administrator confirms the above scores
Contract Administrator & Assesment Panel Member 1 and weightings of this evaluation Ba
Assesment Panel Member 2 Govermance Advisor (PW)
Assesment Panel Member 3 Contract Administrator's signature:
Assesment Panel Member 4 Proiperty Manager (C1)
Assesment Panel Member 5 pe
Page 10 of 135Section 11
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
ATTACHMENT 2
Page 11 of 135
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
ATTACHMENT 2
REPORT TO NOOSA COUNCIL ON RV PARK AT COOROY.
This report is submitted by Doug Claydon and Ray Kelly in conjunction with the
Cooroy Chamber of Commerce as concerns raised at a meeting of deputy
mayor and 3 other councillors about the RVpark at Cooroy. The council
members requested that Ray and Doug consult with the Car Cub and Pony Club
regarding any issues they may have, this has been done. The main RVissue is
the not having toilet facilities open for use by the RVpark users. The RV park is
not operating at peak performance as the number of RVs that are turned away
because of the requirement of having to be self-contained vehicles. This could
increase the usage if the toilets were opened and the words self
5 1 1 1 12 13 1780 1257 219 40 96 contained
4 1 1 1 13 0 317 1334 1758 50 -1
5 1 1 1 13 1 317 1334 176 40 96 vehicles
5 1 1 1 13 2 508 1334 113 50 95 only
definition deleted from the signage and brochures. The proposal
is for the toilet block to be opened for RVuse. The shower are to be locked
and have a key, digital button or a card system for entry and the showers have
a coin operated or card system , so user pays. The cleaning would be done by
council or contractors/ caretakers. The other issues that a BBQ area be
established within the grounds for use by all who use the grounds .A tourist
information centre be set up until such time as the transit centre is built at the
railway station on the eastern side of Cooroy or a proposed service station at
the highway. Railway has been ongoing for years and may be for another
number of years. This would be a great short term to fill the void in Cooroy for
tourist information. This centre could be a stepping off point for introduction
to the caravan parks of the Noosa Shire for longer stays in the Noosa Shire.
Signage would have to be placed for direction to the Information Centre
around the town of Cooroy. The main complaint about Information Centres
around Australia is access with RVs , this RV stop is an ideal position to
accommodate RVs. This information centre would be run with volunteers and
Tourism Noosa. One concern raised by the clubs is the rallies held by the RV
clubs the numbers should be relaxed and the RVstopover would be closed for
that time the rally is taking place. The other issues listed below by the clubs.
Submitters ask council to consider their concerns and grant the requests by
the clubs in whole community spirit.
The Submitters have many years’ experience in RV activities Doug has owned a
RV and travelled around Australia and NZ Ray has been a caravan park
Page 11 of 135Section 12
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Page 12 of 135
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
operator at Pine trees in Hasting st for 8 years and been one of the first to
introduce electric brakes for the caravan industry in the seventies and has
been caravanning since retirement in 2008.
We ask council to seriously consider our submission
Issues raised at the Car Meeting
Permit to occupy needs to be updated to include use rights on the land and
the boundary for RVpark. There may be some condition that if a big event
such as caravan , car rally , horse show . The whole ground may be available.
The need to mention utilities such as water ,power, electricity cost should be
at council expense.
A BBQ area should be established in the grounds.
Car club to give min of 6 weeks’ to 10 weeks’ notice ? to hold an event so RV
park can be closed. Or 12 months events calendar.
The use of the showers by the R’ V Park on a pay as you use basis
Car club has storage in the toilets this needs to change with some help to have
a storage container on site.
Car Oub to consider a small part of their building to lease out as an
Information centre and use of the veranda
Max stay 4 nights , Max R/ Vis 40 unless there is a large an event to take place.
Use of the toilets by the car , pony , Cooroy rag at free of charge ?
Toilets to be maintained and cleaned and grounds mowed by
council/ caretaker.
Issues Raised At the Pony Club Meeting.
The movement of the RVvehicles when pony and car club events are in
progress and the gate has that issued resolved so now not an issue.
Page 12 of 135Section 13
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Page 13 of 135
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
The pony club raised the utilities issue of the electricity , that council pay for
the RV, Car Club water account and the pony club if metered would pay for
their water.
There is a restriction by council to limit the number of RV Vehicles which is fine
for the RVpark operation but at least twice or more a year caravan clubs ,
motor home clubs have a rallies and pony club have week and weekend
schools which attract large horse floats with RV facilities and need to take up
some of the other side of their grounds for parking of these vehicles. With
greater number of vehicles they can no longer be permitted by council because
of the increase numbers. The pony club and the car club cater for these events
to help with fund raising. This fund raising should remain with the clubs and
not to council and it should be noted that the car club make generous
donations to the community and would create goodwill toward council.
The other suggestion for council consideration is a pathway around the back
of Ritek, does not have to be concrete / bitumen just crusher dust because the
area floods so you just place another load of crusher dust lot cheaper and is
done all round Australia particular in flood prone areas. The path would
continue to join up with the pathway to the library and town centre.
The receipts from July to date is approx $50,000.00 of monies spent in Cooroy
and districts. This being about 30% of the expenditure because many RV
people did not place receipts in the container , forgot or got thrown away or
did not request one. This has been verified by the recent caretaker.
The submitters met with the car club on 3 occasions and the pony club once as
per instruction by the councillors we met at the grounds back late last year
and February 20017
We the submitters request council to consider the submissions and process the
implementation for the benefit of the whole shire and to be put on the map as
being a really RV friendly town.
Doug Oaydon Ray Kelly
Page 13 of 135Section 14
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
2 132005.1133.07 REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR 145
MULTIPLE DWELLING UNITS AND ASSOCIATED FACILITIES, SHOP, RESTAURANT,
MULTI-FUNCTION ROOM AND GYM FOR 75 RESORT DRIVE, NOOSA HEADS
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development
Index ECM/ Application/ 132005.1133.07
Attachments 1. Current approved plans
2. Proposed plans
APPLICATION DETAILS
Applicant Altum Constructions
Proposal Material Change of Use - Change to Development Approval
Properly Made Date 29 November 2017
Decision Due Date 4 January 2018
PROPERTY DETAILS
Property Address 75 Resort Drive, Noosa Heads
RP Description Lot 7 SP178340 (formerly Lot 3 SP221524 & Lot 3 SP 178323)
Land Area 4.262ha
Existing Use of Land Vacant: vegetation has been removed and earthworks associated with
approval have commenced
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosa Heads
Zone Semi-Attached Housing
Overlays Environmental Enhancement Area
Low Potential Acid Sulphate Soils
Landslide Hazard Areas
Medium Bushfire Hazard Area
Assessment Type Change to Approval
RECOMMENDATION
That Council note the report by the Coordinator Planning to the General Committee Meeting
dated 15 January 2018 regarding Application No. 132005.1133.7 for a Development Permit for a
Material Change of Use for a Resort of 145 Multiple Dwelling Units and Associated Facilities -
Shop, Restaurant, Multi-Function Room and Gym situated at 75 Resort Drive Noosa Heads, and
A. Amend the description of the development in the Decision Notice to read Material Change
of Use for 137 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-
Function Room and Gym.
Page 14 of 135
Section 15
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
B. Agree to change conditions 1, 2, 8, 33, 47, 64, 72, 81, and 83 as follows:
1. Prior to the issue of an operational works approval for civil works for each stage of
the development, fully detailed architectural proposal plans relevant to each stage
must be submitted for Council approval. Detailed plans must provide the following
details as a minimum:
1.1 Full architectural building elevations;
1.2 Detailed roof plans and ground level contours demonstrating compliance with
the development’s 8m/12m building height limits above natural and finished
ground levels;
1.3 Landscaping areas demonstrating compliance with Condition 5 herein;
1.4 The location of proposed stormwater management/treatment devices;
1.5 Consistency with all management plans for the development;
1.6 Building colour schemes demonstrating compliance with Condition 8 herein; &
1.7 Vehicle manoeuvring areas and temporary turning provisions.
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed below and
are as amended by the conditions herein.
Plan No. Rev. Plan/Document Name Date
7038-DA01 12 Altum Constrcutions Masterplan Noosa Springs 03-11-17
Resort prepared by Blackburne Jackson Design
7038-DA03 10 Carparking/Basement prepared by Blackburne 29-09-17
Jackson Design
7038-DA04 11 Ground Floor prepared by Blackburne Jackson 29-09-17
Design
7038-DA05 10 First Floor prepared by Blackburne Jackson Design 29-09-17
7038-DA06 10 Second Floor prepared by Blackburne Jackson 03-11-17
Design
7038-DA07 08 Site Section prepared by Blackburne Jackson 29-09-17
Design
7038-DA08 09 Site Section prepared by Blackburne Jackson 29-09-17
Design
7038-DA09 14 Indicative Apartment Layouts prepared by 29-09-17
Blackburne Jackson Design
7038-DA10 12 Indicative Apartment Layouts prepared by 29-09-17
Blackburne Jackson Design
7038-DA11 08 Perspective sketches prepared by Blackburne 29-09-17
Jackson Design
7038-DA12 08 Perspective sketches prepared by Blackburne 29-09-17
Jackson Design
7038-DA13 07 Overall staging plan prepared by Blackburne 29-09-17
Jackson Design
7038-DA14 06 Finishes Palette prepared by Blackburne Jackson 29-09-17
Design
7038-DA15 06 Resort Facilities Floor Plan prepared by Blackburne 29-09-17
Jackson Design
Page 15 of 135
Section 16
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
7038-DA16 05 Facilities Elevations prepared by Blackburne 29-09-17
Jackson Design
7038-DA17 03 Indicative Apartment Layouts prepared by 29-09-17
Blackburne Jackson Design
7038-DA19 06 Building 15 Elevations prepared by Blackburne 29-09-17
Jackson Design
7038-DA20 06 Block 18 Elevations prepared by Blackburne 29-09-17
Jackson Design
7038-DA21 06 Building 3 Elevations prepared by Blackburne 29-09-17
Jackson Design
7038-DA23 06 Block 2 Elevations prepared by Blackburne Jackson 29-09-17
Design
7038-DA24 02 Block 15 Sections prepared by Blackburne Jackson 06-06-17
Design
7038-DA25 03 Block 18 Sections prepared by Blackburne Jackson 29-09-17
Design
DD1.1 F Location Plan prepared by Sparks Architects 08-06-2017
DD1.2 F Site Plan prepared by Sparks Architects 08-06-2017
DD1.3 H Unit Type 1 prepared by Sparks Architects 08-06-2017
DD1.4 H Unit Type 2 prepared by Sparks Architects 08-06-2017
WD1.8 E Ground Floor Plan Block 7 prepared by Sparks 23-08-2017
Architects
DD1.6 E First Floor Plan Block 7 prepared by Sparks 08-06-2017
Architects
DD1.7 D Roof Plan Block 7 prepared prepared by Sparks 08-06-2017
Architects
DD1.8 E Ground Floor Plan Block 8 prepared by Sparks 08-06-2017
Architects
DD1.9 E First Floor Plan Block 8 prepared by Sparks 08-06-2017
Architects
DD1.10 D Roof Plan Block 8 prepared by Sparks Architects 08-06-2017
DD1.11 E Ground Floor Plan Block 9 prepared by Sparks 08-06-2017
Architects
DD1.12 E First Floor Plan Block 9 prepared by Sparks 08-06-2017
Architects
DD1.13 D Roof Plan Block 9 prepared by Sparks Architects 08-06-2017
WD2.1 B Elevations prepared by Sparks Architects 23-08-2017
WD2.2 B North Elevations Block 7 prepared by Sparks 23-08-2017
Architects
WD2.3 B East Elevations Block 7 prepared by Sparks 23-08-2017
Architects
WD2.4 B South Elevations Block 7 prepared by Sparks 23-08-2017
Architects
WD2.5 B West Elevations Block 7 prepared by Sparks 23-08-2017
Architects
WD2.6 B Elevations Block 8 prepared by Sparks Architects 23-08-2017
Page 16 of 135
Section 17
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
WD2.7 B Elevations Block 9 prepared by Sparks Architects 23-08-2017
DD3.1 D Sections Block 7 prepared by Sparks Architects 08-06-2017
DD3.2 B Section Block 7 prepared by Sparks Architects 08-06-2017
DD3.3 D Section Block 8 prepared by Sparks Architects 08-06-2017
DD3.4 D Section Block 9 prepared by Sparks Architects 08-06-2017
DD4.1 G 3D prepared by Sparks Architects 08-06-2017
DD4.2 G 3D prepared by Sparks Architects 08-06-2017
DD4.3 G 3D prepared by Sparks Architects 08-06-2017
DD4.4 G 3D prepared by Sparks Architects 08-06-2017
DD4.5 G 3D prepared by Sparks Architects 08-06-2017
DD4.6 G 3D prepared by Sparks Architects 08-06-2017
DD4.7 G 3D prepared by Sparks Architects 08-06-2017
7088_A01- 04 CTS 400 Site Plan – Level 1 prepared by Blackburne 03-10-17
10_04 Jackson Design
7088_A01- B CTS 100 Site Plan – Level 1 prepared by Blackburne 03-10-17
21_B Jackson Design
7088_A01- B CTS 300 Site Plan – Level 1 prepared by Blackburne 03-10-17
31_B Jackson Design
7088_02- 11 Facilities Building Level 1 – Floor Plan prepared by 03-10-17
01_11 Blackburne Jackson Design
7088_02- 10 Facilities Building – Roof Plan prepared by 03-10-17
02_10 Blackburne Jackson Design
7088_A02- C Block 15 Basement Level – Floor Plan prepared by 04-09-17
30_C Blackburne Jackson Design
7088_A02- D Block 15 Level 1 – Floor Plan prepared by 04-09-17
31_D Blackburne Jackson Design
7088_A02- D Block 15 Level 2 – Floor Plan prepared by 04-09-17
32_D Blackburne Jackson Design
7088_A02- D Block 15 Level 3 – Floor Plan prepared by 04-09-17
33_D Blackburne Jackson Design
7088_A02- C Block 15 – Roof Plan prepared by Blackburne 04-09-17
34_C Jackson Design
7088_A02- F Block 3 Basement Level – Floor Plan prepared by 03-10-17
01_F Blackburne Jackson Design
7088_A02- E Block 3 Level 1 – Floor Plan prepared by Blackburne 03-10-17
02_E Jackson Design
7088_A02- D Block 3 Level 2 – Floor Plan prepared by Blackburne 03-10-17
03_D Jackson Design
7088_A02- E Block 3 Level 3 – Floor Plan prepared by Blackburne 03-10-17
04_E Jackson Design
7088_A02- C Block 3 – Roof Plan prepared by Blackburne 03-10-17
05_C Jackson Design
7088_A02- C Block 16 Basement Level – Floor Plan prepared by 04-09-17
90_C Blackburne Jackson Design
7088_A02- D Block 16 Level 1 – Floor Plan prepared by 04-09-17
Page 17 of 135
Section 18
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
91_D Blackburne Jackson Design
7088_A02- D Block 16 Level 2 – Floor Plan prepared by 04-09-17
92_D Blackburne Jackson Design
7088_A02- D Block 16 Level 3 – Floor Plan prepared by 04-09-17
93_D Blackburne Jackson Design
7088_A02- C Block 16 – Roof Plan prepared by Blackburne 04-09-17
94_C Jackson Design
7088_A04- 07 Elevations prepared by Blackburne Jackson Design 03-10-17
01_07
7088_A04- D Block 15 - Elevations prepared by Blackburne 04-09-17
10_D Jackson Design
7088_A04- D Block 15 - Elevations prepared by Blackburne 04-09-17
11_D Jackson Design
7088_A04- D Block 3 - Elevations prepared by Blackburne 03-10-17
01_D Jackson Design
7088_A04- D Block 3 - Elevations prepared by Blackburne 03-10-17
02_D Jackson Design
7088_A04- D Block 16 - Elevations prepared by Blackburne 04-09-17
30_D Jackson Design
7088_A04- D Block 16 - Elevations prepared by Blackburne 04-09-17
31_D Jackson Design
7088_05- 06 Sections prepared by Blackburne Jackson Design 03-10-17
01_06
7088_A05- C Block 15 - Sections prepared by Blackburne Jackson 04-09-17
10_C Design
7088_A05- C Block 16 - Sections prepared by Blackburne Jackson 04-09-17
15_C Design
7088_AA05- 03 Sections prepared by Blackburne Jackson Design 29-05-17
20_03
7088_AO17- 01 Facilities Buildings Perspectives prepared by 19-05-17
01_01 Blackburne Jackson Design
7088_AO17- 01 Quarry Café Views prepared by Blackburne Jackson 19-05-17
03_01 Design
7088_AO17- 02 Parkside Residences prepared by Blackburne 06-06-17
03_02 Jackson Design
7088_AO17- 02 Parkside Terrace 15 prepared by Blackburne 29-09-17
04_02 Jackson Design
7088_AO17- 02 Parkside Terrace 15 prepared by Blackburne 29-09-17
05_02 Jackson Design
7088_AO17- 02 Parkside Residences 3 prepared by Blackburne 06-06-17
06_02 Jackson Design
8. The development’s external colour scheme shall use muted environmental tones of
browns, greens and greys to integrate the development with its landscape setting and
ensure the development does not visually impact on the vegetated skyline. All
buildings shall utilise the finishes palette detailed on Plan 7038- DA14 Issue 06 Dated
29-09-17. The use of paint finish Taubmans Tahira White is to be minimised.
Page 18 of 135
Section 19
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
33. Carparking shall be provided within the site generally as shown on the approved
plans. Carparking shall include 285 carpark spaces with 250 of these to be covered
carpark spaces, and include 10 clearly defined disabled carpark spaces for the unit
component of the development. Five carparking spaces for staff in addition to
resident and visitor spaces are to be provided on site. Visitor and staff carparking,
including all at grade car parking situated between Blocks 2 and 3 must be
maintained in common property and be available to all units. Motorcycle/scooter
parking spaces may be incorporated at a rate of 4 spaces equivalent to 1 car space.
47. All stormwater drainage shall be managed so that:
a. there is no net increase in 1 year ARI peak stormwater flows from the site at
any stage of the development that will cause scour at any point in the receiving
environment. Where there is an increase in 1 year ARI peak stormwater flows,
a Hydraulic Engineer must certify that the increase will not be responsible for
any scour in the receiving environment; and
b. the discharge of stormwater from construction or completed stages of the site
does not affect the approved design residence time of the Noosa Springs Golf
Course lake system.
64. Monetary contributions shall be paid to Noosa Council towards the cost of providing
and/or upgrading various infrastructure at the rates applicable at the time of
payment. An estimate only of the amended contribution amounts relating to this
“Change to an Existing Approval” dated 18 January 2018 under the Council policies
and requirements applied on the original approval is outlined in the table below:
PSP12 –
Public Open
Space
Contributions PSP17 – PSP20 – TOTAL
PSP16 –
Water Pathway
Contribution Sewerage Contribution
(Not applicable in Supply Trunk
Required For: accordance with Headworks Amount per
Headworks Network
Council letter Contributions Stage
dated 24 January Contributions Contributions
1996 and Council
Decision of 1
November 2007)
Stage CTS 100 $0 $51,653 $173,751 $27,538 $252,942
Stage CTS 200 $0 $17,315 $57,735 $8,919 $83,969
Stage CTS 300 $0 $32,283 $108,935 $17,211 $158,429
Stage CTS 400 $0 $8,516 $23,239 $3,599 $35,354
Resort Facilities
Stage CTS 500 $0 $39,033 $129,632 $20,002 $188,667
Stage CTS 600 $0 $17,756 $59,914 $9,466 $87,136
Stage CTS 700 $0 $18,929 $63,182 $9,779 $91,890
Stage CTS 800 $0 $17,756 $59,914 $9,466 $87,136
Stage CTS 900 $0 $14,527 $49,021 $7,745 $71,293
TOTAL
Contribution $0 $217,768 $725,323 $113,725 $1,056,816
Amount =
Please note that these amounts are all subject to variations in the Consumer Price Index, All
Groups Brisbane from September 2017 until the date of payment.
All contributions must be paid prior to commencement of the use.
Water Supply and Sewerage contributions are payable directly to Unitywater.
Page 19 of 135
Section 20
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
72. The development must provide waste storage and disposal facilities in accordance
with Planning Scheme Policy 9, Waste Management, including:
a. an external imperviously paved area correctly sized for all refuse and recycling
containers and suitably screened from public places and neighbouring
properties.
b. a bin wash area with a cold-water tap, hose and drain outlet connected to
sewer, via a bucket trap. The drain outlet is to be designed to prevent storm
water entry to the sewerage system which can be achieved by a bunded area,
with a nib wall height of 100mm maximum, enclosing a wash area of 700mm x
700mm minimum (max 0.7m²). Alternatively, the waste area can be roofed, or
another appropriate design approved by Council.
81. Noise emission from mechanical equipment (air conditioners, refrigeration equipment,
or pool pumps etc) shall comply with the following requirements:
a. A person must not use equipment on any day if it makes or causes noise to be
made:
i. From 10pm to 7am: Not more than the higher of either:
a. 40 dB(A)
b. 3 dB(A) above the background noise level
No audible noise for pool pumps apply during these hours
ii. From 7am to 7pm: Not more than the lower of either:
a. 50 dB(A)
b. dB(A) above the background noise level
iii. From 7pm to 10pm:
b. Not more than 3 dB(A) above the background noise level.
83 The development shall comply with the noise management strategies contained in
the report prepared by Ron Rumble Pty Ltd and dated November 2006, with the
following additional details to be provided prior to issue of Operational Works to the
reasonable satisfaction of Manager, Environmental Health Noosa Council: -
83.1 The necessary and appropriate noise control measures incorporated into the
façade of the apartments and within the restaurant. These measures shall
include:
83.1.1 Upgraded glazing and air-conditioning to the potentially affected
apartments;
83.1.2 Strategically placed wing walls on balconies to screen the apartment
and balconies from alfresco dining areas;
83.1.3 Installation of a roof over the outdoor dining area with absorption to the
underside should be explored;
83.1.4 Revised hours of operation to no later than midnight;
83.2 Formulate and implement a Noise Management Plan to deal with noise
emissions from the premises including patron noise.
83.3 The applicant must advise prospective purchasers that a noise management
plan has been prepared to manage noise emissions related to the
development.
83.4 The Noise Management Plan referred to in Condition 83.2 shall be incorporated
in perpetuity in the By-Laws of the Body Corp for the building.
Page 20 of 135
Section 21
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
83.5 The Noise Management Plan shall include a process for dealing with
complaints and specify that the Restaurant Management and Body Corp
Manager be responsible for dealing with any noise complaints.
C. Refuse to amend conditions 4 and 96.
D. Delegate the powers of Council under the Planning Act 2016 for minor change applications
for this development to the Chief Executive Officer.
E. Note that the report is provided in accordance with Section 63(5) of the Planning Act, 2016.
REPORT
1. PROPOSAL
The application seeks approval to change the approved plans for the development of Precinct F
of Noosa Springs.
The applicant has provided the following schedule of changes to the plans:
It is proposed to change the description of the development to reflect the proposed
reduction in dwelling unit numbers anticipated by this permissible change request. The new
description of development will be as follows:-
Material Change of Use – 137 Multiple Dwelling Units and Associated Facilities –
Shop, Restaurant, Multi- Function Room and Gym
Reduce the overall number of dwelling units from 145 to 137;
Amend the overall number of persons from 426.5 to 425.6. This proposed density remains
consistent with the anticipated density under the Noosa Plan of 100 persons / hectare (i.e.
4.262ha x 100 = 426.2 persons);
Minor increase in overall gross floor area from 20.046.5m2 to 20,083m2 (nb. the original
approved GFA was 21,950m2);
Minor redesign of central communal facilities, wherein such changes are generally
contained to the arrangement of ‘back of house’ servicing facilities, with no significant
changes to either the scale or the external appears of the built form;
Rationalisation of pedestrian networks across the development;
Minor amendments to the driveway and parking arrangements in the southern part of the
site to achieve access arrangements and reflect other changes proposed in Precinct E2. It
is recognised that the amendments to the driveway will also necessitate a consequential
amendment to the approval over the adjacent Precinct E2 (Council Ref: MCU15/0109).
Minor amendments to the orientation of unit blocks 13 and 14 to increase the efficiency of
the layout and function of these buildings;
Introduction of a new 3 bedroom unit type into Block 14 and 3 new unit types into Block 2;
Minor variations to the building heights generally as follows:-
o Block 3 – the height of this building has been increased by approximately 350mm
generally as a consequence of minor changes to the floor to floor heights of individual
levels of the building. The purpose of this change in floor to floor heights was to
introduce greater acoustic treatment between levels. Notwithstanding this change,
the overall building height remains below 12m;
o Blocks 16 and 17 – the floor to ceiling heights of individual levels has increased
slightly for these units blocks, however the overall height remains under the
maximum RL approved (i.e. RL44.7) under the most recent change approval. This is
achieved by a minor change to the roof pitch for these buildings;
Page 21 of 135
Section 22
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
o Block 20 – the overall height of this building has marginally increased as a
consequence of associated proposed civil works, wherein the upper level of the
building has been shifted to align with the level of adjacent driveway to facilitate
convenient and pedestrian access to the dwellings;
Minor amendments to the staging of the development to generally align with anticipated
construction and titling program of delivery. Notwithstanding the proposed staging
amendments, these have been notated for identification purposes only. The order of
construction of individual stages has not been confirmed. Our client is seeking to retain
flexibility in the approval conditions to allow stages to proceed individually, simultaneously
or not in sequential order.
The proposed new dwelling configuration for individual stages can be summarised as follows:-
The proposed changes will require consequential changes to conditions to reflect the amended
site layout, proposed staging amendments and updated building number references. Accordingly,
it is requested to amend conditions 1, 2, 8, 33, 64 and Advisory Notes 1, 2 and 11
The application also proposes to amend Conditions 4, 47, 83 and 96.
The application also identifies formatting issues with existing conditions 72 and 81 and it is
requested that these be rectified as part of this application. Based on feedback from Council’s
Environmental Health Department it is also recommended to remove reference to a Local Law
which is no longer applicable within Condition 81.
Summarised versions of the current approved and proposed development plans are included as
Attachments 1 & 2. A comparison of the layout from the original, subsequent approved changes
to the development and the current proposal are shown in Figures 1 – 5 below.
The application is before Council due to the scale and significance of the development. However,
the proposed amendments are generally considered relatively minor and do not result in
significant change to the overall form of the development.
Page 22 of 135
Section 23
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Figure 1 –Original Approved Layout
Page 23 of 135
Section 24
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Figure 3 Layout Modified December 2016
Figure 4 Layout Modified September 2017
Page 24 of 135
Section 25
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Figure 5 – Proposed Layout – Current Change (Revised plan submitted 29.11.2017)
2. SITE DETAILS
2.1. Background
The site is located within Precinct F of the Noosa Springs development at Noosa Springs Drive,
Noosa Heads. Noosa Springs is a master planned residential golf resort, with most development
on the site completed. The subject resort site and an adjoining multiple dwelling site (Precinct
E2) have remained undeveloped and were recently purchased by the applicant.
On the 30 August 2007 Council approved the application for a Material Change of Use - Resort
of 155 Multiple Dwelling Units & Associated Facilities (Theatre, Restaurant, Shops & Function
Rooms), which was assessed under the Superseded Planning Scheme.
Representations were then made, and on the 5 November 2007, Council agreed to amend or
delete 18 of the 102 total conditions pertaining to the development.
On 6 April 2011 an extension to the currency period of the approval for 4 years to 1 November
2015 was agreed.
On 10 September 2015 an extension to the currency period of the approval for 2 years to 1
November 2017 was agreed.
On 10 March 2016 a modification to the approval was granted which altered the general redesign
of building layouts to increase efficiency and consolidate non-residential components and remove
the theatre and function room components of the approval.
On 15 December 2016 a modification of the approval was granted which changed the description
of the approval from Material Change of Use - 155 Multiple Dwelling Units and Associated
Facilities - Theatre, Restaurant, Shops & Function Rooms to Material Change of Use for a Resort
of 151 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function
Room and Gym. This change also included a redesign of the building layouts and a change to a
number of conditions.
On 21 September 2017 Council agreed to further modification of the approval which changed the
description of the approval from Material Change of Use - 151 Multiple Dwelling Units and
Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym to Material Change of
Use for 145 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function
Room and Gym. This change also included a redesign of the building layouts and a change to a
number of conditions.
Page 25 of 135
Section 26
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
2.2. Site Description
The site is a 4.262ha irregularly shaped allotment located on the western slopes of a high dune
on the eastern side of the Noosa Springs development and has a frontage to Resort Drive of
approximately 315 metres. Most of the site was used as a sand quarry in the past and the terrain
varies from gentle slopes on the quarry floor to very steep slopes on the excavated batters.
Undisturbed ground surrounding the quarry slopes moderately, averaging roughly 12-15%.
A band of mature open forest is present around the extremities of the quarry area, varying in
width from 10 to 30m along Resort Drive and containing some mature trees. An area of 0.8ha of
remnant vegetation exists in the north of the site which is to be cleared for the development.
Native vegetation is also found along the ridgeline of the escarpment to the eastern boundary,
adjacent to the car park and Resort Drive to the north. Species present include koala feed trees
and koalas have been observed in the area by Noosa Springs residents, though the site is
excluded from the State’s koala habitat mapping.
The site is bounded by Council land to the east, the Noosa Springs clubhouse to the northwest
and Residential Precincts E1 to the west and Residential Precinct E2 to the south. Precinct E1
has been developed for 42 multiple dwelling units, with Precinct E2 subject to representations to
a current development application for 44 units (MCU15/0109). The representations also seek to
amend the plans and reduce the number of units to 37. The Noosa Heads sewerage treatment
plant is located to the north of the site, with land further to the south of the site being National
Park adjacent to Lake Weyba. A 3 metre wide pathway reserve runs along the eastern boundary.
Aerial photographs of the site and its surrounds are shown in Figures 6 & 7 below.
Figure 6 – Aerial Photograph of Locality
Page 26 of 135
Section 27
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Figure 7 – Aerial Photograph
3. STATUTORY PROCESS
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change in accordance with Schedule 2 of the Planning Act 2016 on the
grounds that:
The change would not result in a substantially different development as the use remains
the same as that approved and the scale and bulk of the development remains generally
consistent with the current approval. There are no new uses proposed that would create
different or additional impacts.
The changes do not create a new referral trigger to the State Assessment and Referral
Agency.
The proposed changes do not vary the level of assessment the original development
application was impact assessable; and
The changes do not involve prohibited development.
4. ASSESSMENT
Plans
The submitted plans provide for a reduction in the number of units from 145 to 137 and the
amended configuration of the units. The resultant changes accord with the allowable population
density and provide for a development with a scale and bulk consistent with the current approval.
Page 27 of 135
Section 28
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
The overall form of the approval is consistent with the previous approval in that the application
maintains the multiple dwelling development, together with minor ancillary activities including a
shop, café/restaurant and communal recreation facilities. The built form is maintained as the
buildings will remain a mix of 2-3 storeys with basement car parking.
The slight reduction in the number of dwelling units has not significantly altered the scale of the
multiple dwelling component of the development. The change to dwelling unit composition
involves a reduction in the number of 1 and 2 bedroom dwelling units, an increase in the number
of 3 bedroom dwelling units and the deletion of the 4 bedroom dwelling units. The reduction in 1
and 2 bedroom units results in a loss of housing diversity however there is no provision within the
planning scheme requiring a mix of bedroom numbers for new dwellings. It is likely that the
amended mix of dwelling types is in response to market demand. The minor change to the GFA
is still below that originally approved over the site.
A comparison of the proposed amendment against both the original approval and the most
recently modified approval is provided in the table below:-
Page 28 of 135
Section 29
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
The minor redesign of the central communal facilities is generally contained within the back of
house areas with the building appearance and scale being maintained.
The changes to the alignment of the internal roads, parking arrangements and pedestrian
pathways are supported as they are minor and of no significant consequence.
The re-alignment of blocks 13 and 14 will be of little consequence as separation is maintained
between the two buildings.
The minor change to the staging of the development retains the flexibility in the approval
conditions to allow stages to proceed individually, simultaneously or not in sequential order.
With regards to the proposed changes to the heights of buildings 3, 16, 17 and 20:
Block 3 is proposed to be increased by approximately 350mm to introduce greater acoustic
treatment between levels. The overall building height remains below 12 metres with the
majority of the roof form being well below this height. This minor increase in height is
supported.
It is proposed to increase the floor to ceiling heights of Blocks 16 and 17. The overall height
is to remain under the maximum RL approved (i.e. RL44.7) and this has been achieved by
lowering the roof pitch for these buildings. This minor change is supported.
The applicant advises that the overall height of Block 20 is increased due to proposed civil
works, wherein the upper level of the building has been shifted to align with the level of the
adjacent driveway to allow for pedestrian access to the dwellings. The civil works reduce
the extent of excavation required for the road thereby reducing the height of retaining walls
adjacent to the north-eastern boundary. The resultant change in height for Block 20 is
900mm and results in a section of the building being in excess of 8.0 metres. The height of
this building is 3.80 metres lower than the adjoining building (Block 19) to the north and 7.6
metres lower than Block 18 further north. The proposed increase in height does not
compromise the vegetated backdrop provided by Girraween as evidenced by the visual
assessment that was provided with the original application.
Accordingly, the amendments to the plans are supported.
Page 29 of 135
Section 30
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Conditions
Condition 1
1. Prior to the issue of an operational works approval for civil works for each stage of the
development, fully detailed architectural proposal plans relevant to each stage must be
submitted for Council approval. Detailed plans must provide the following details as a
minimum:
1.1 Full architectural building elevations;
1.2 Detailed roof plans and ground level contours demonstrating compliance with the
development’s 8m/12m building height limits above natural and finished ground
levels;
1.3 Landscaping areas demonstrating compliance with Condition 5 herein
1.4 The location of proposed stormwater management/treatment devices;
1.5 Consistency with all management plans for the development;
1.6 Building colour schemes demonstrating compliance with Condition 8 herein; &
1.7 Vehicle manoeuvring areas and temporary turning provisions.
1.8 Plans demonstrating compliance with the allowable population density of 426.2
persons.
Applicant’s requested change
The applicant requests that this condition be amended as the current set of plans demonstrate
compliance with Condition 1.8.
Assessment
The proposed amendment to condition 1 will reflect the new set of plans and is therefore
supported.
Condition 2
2 Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed below and are as amended
by the conditions herein.
Plan No. Rev. Plan/Document Name Date
7038-DA01 10 Project summary prepared by Blackburne Jackson 06-06-17
Design
7038-DA03 09 Carparking/Basement prepared by Blackburne 06-06-17
Jackson Design
7038-DA04 10 Ground Floor prepared by Blackburne Jackson 06-06-17
Design
7038-DA05 09 First Floor prepared by Blackburne Jackson Design 06-06-17
7038-DA06 08 Second Floor prepared by Blackburne Jackson 06-06-17
Design
7038-DA07 07 Site Section prepared by Blackburne Jackson 06-06-17
Design
7038-DA08 08 Site Section prepared by Blackburne Jackson 06-06-17
Design
7038-DA09 13 Indicative Apartment Layouts prepared by 06-06-17
Blackburne Jackson Design
7038-DA10 11 Indicative Apartment Layouts prepared by 06-06-17
Blackburne Jackson Design
Page 30 of 135
Section 31
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Plan No. Rev. Plan/Document Name Date
7038-DA11 07 Perspective sketches prepared by Blackburne 06-06-17
Jackson Design
7038-DA12 07 Perspective sketches prepared by Blackburne 06-06-17
Jackson Design
7038-DA13 07 Overall staging plan prepared by Blackburne 14-06-17
Jackson Design
7038-DA14 05 Finishes Palette prepared by Blackburne Jackson 06-06-17
Design
7038-DA15 05 Resort Facilities Floor Plan prepared by Blackburne 06-06-17
Jackson Design
7038-DA16 04 Facilities Elevations prepared by Blackburne 06-06-17
Jackson Design
7038-DA17 02 Indicative Apartment Layouts prepared by 06-06-17
Blackburne Jackson Design
7038-DA19 05 Building 15 Elevations prepared by Blackburne 06-06-17
Jackson Design
7038-DA20 05 Block 18 Elevations prepared by Blackburne 06-06-17
Jackson Design
7038-DA21 05 Building 3 Elevations prepared by Blackburne 06-06-17
Jackson Design
7038-DA23 05 Block 2 Elevations prepared by Blackburne Jackson 06-06-17
Design
7038-DA24 02 Block 15 Sections prepared by Blackburne Jackson 06-06-17
Design
7038-DA25 02 Block 18 Sections prepared by Blackburne Jackson 06-06-17
Design
DD1.1 F Location Plan prepared by Sparks Architects 08-06-2017
DD1.2 F Site Plan prepared by Sparks Architects 08-06-2017
DD1.3 H Unit Type 1 prepared by Sparks Architects 08-06-2017
DD1.4 H Unit Type 2 prepared by Sparks Architects 08-06-2017
WD1.8 E Ground Floor Plan Block 7 prepared by Sparks 23-08-2017
Architects
DD1.6 E First Floor Plan Block 7 prepared by Sparks 08-06-2017
Architects
DD1.7 D Roof Plan Block 7 prepared prepared by Sparks 08-06-2017
Architects
DD1.8 E Ground Floor Plan Block 8 prepared by Sparks 08-06-2017
Architects
DD1.9 E First Floor Plan Block 8 prepared by Sparks 08-06-2017
Architects
DD1.10 D Roof Plan Block 8 prepared by Sparks Architects 08-06-2017
DD1.11 E Ground Floor Plan Block 9 prepared by Sparks 08-06-2017
Architects
DD1.12 E First Floor Plan Block 9 prepared by Sparks 08-06-2017
Architects
DD1.13 D Roof Plan Block 9 prepared by Sparks Architects 08-06-2017
WD2.1 B Elevations prepared by Sparks Architects 23-08-2017
WD2.2 B North Elevations Block 7 prepared by Sparks 23-08-2017
Architects
Page 31 of 135
Section 32
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Plan No. Rev. Plan/Document Name Date
WD2.3 B East Elevations Block 7 prepared by Sparks 23-08-2017
Architects
WD2.4 B South Elevations Block 7 prepared by Sparks 23-08-2017
Architects
WD2.5 B West Elevations Block 7 prepared by Sparks 23-08-2017
Architects
WD2.6 B Elevations Block 8 prepared by Sparks Architects 23-08-2017
WD2.7 B Elevations Block 9 prepared by Sparks Architects 23-08-2017
DD3.1 D Sections Block 7 prepared by Sparks Architects 08-06-2017
DD3.2 B Section Block 7 prepared by Sparks Architects 08-06-2017
DD3.3 D Section Block 8 prepared by Sparks Architects 08-06-2017
DD3.4 D Section Block 9 prepared by Sparks Architects 08-06-2017
DD4.1 G 3D prepared by Sparks Architects 08-06-2017
DD4.2 G 3D prepared by Sparks Architects 08-06-2017
DD4.3 G 3D prepared by Sparks Architects 08-06-2017
DD4.4 G 3D prepared by Sparks Architects 08-06-2017
DD4.5 G 3D prepared by Sparks Architects 08-06-2017
DD4.6 G 3D prepared by Sparks Architects 08-06-2017
DD4.7 G 3D prepared by Sparks Architects 08-06-2017
7088_A01-10_03 03 CTS 4 Site Plan – Level 1 prepared by Blackburne 06-06-17
Jackson Design
7088_A01-21_05 05 CTS 1 Site Plan – Level 1 prepared by Blackburne 06-06-17
Jackson Design
7088_A01-31_05 05 CTS 3 Site Plan – Level 1 prepared by Blackburne 06-06-17
Jackson Design
7088_A02-01_06 06 Facilities Building Level 1 – Floor Plan prepared by 06-06-17
Blackburne Jackson Design
7088_A02-02_06 06 Facilities Building – Roof Plan prepared by 06-06-17
Blackburne Jackson Design
7088_A02-30_05 05 Block 15 Basement Level – Floor Plan prepared by 06-06-17
Blackburne Jackson Design
7088_A02-31_06 06 Block 15 Level 1 – Floor Plan prepared by 06-06-17
Blackburne Jackson Design
7088_A02-32_05 05 Block 15 Level 2 – Floor Plan prepared by 06-06-17
Blackburne Jackson Design
7088_A02-33_05 05 Block 15 Level 3 – Floor Plan prepared by 06-06-17
Blackburne Jackson Design
7088_A02-34_04 04 Block 15 – Roof Plan prepared by Blackburne 06-06-17
Jackson Design
7088_A02-60_06 06 Block 3 Basement Level – Floor Plan prepared by 06-01-17
Blackburne Jackson Design
7088_A02-61_06 06 Block 3 Level 1 – Floor Plan prepared by Blackburne 06-01-17
Jackson Design
7088_A02-62_06 06 Block 3 Level 2 – Floor Plan prepared by Blackburne 06-01-17
Jackson Design
7088_A02-63_06 06 Block 3 Level 3 – Floor Plan prepared by Blackburne 06-01-17
Jackson Design
7088_A02-64_06 06 Block 3 – Roof Plan prepared by Blackburne 06-01-17
Page 32 of 135
Section 33
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Plan No. Rev. Plan/Document Name Date
Jackson Design
7088_A02-90_02 02 Block 16 Basement Level – Floor Plan prepared by 06-06-17
Blackburne Jackson Design
7088_A02-91_02 02 Block 16 Level 1 – Floor Plan prepared by 06-06-17
Blackburne Jackson Design
7088_A02-92_02 02 Block 16 Level 2 – Floor Plan prepared by 06-06-17
Blackburne Jackson Design
7088_A02-93_02 02 Block 16 Level 3 – Floor Plan prepared by 06-06-17
Blackburne Jackson Design
7088_A02-94_02 02 Block 16 – Roof Plan prepared by Blackburne 06-06-17
Jackson Design
7088_A04-01_04 04 Elevations prepared by Blackburne Jackson Design 06-06-17
7088_A04-10_03 03 Block 15 - Elevations prepared by Blackburne 06-06-17
Jackson Design
7088_A04-11_03 03 Block 15 - Elevations prepared by Blackburne 06-06-17
Jackson Design
7088_A04-20_04 04 Block 3 - Elevations prepared by Blackburne 06-01-17
Jackson Design
7088_A04-21_04 04 Block 3 - Elevations prepared by Blackburne 06-01-17
Jackson Design
7088_A04-30_02 02 Block 16 - Elevations prepared by Blackburne 06-06-17
Jackson Design
7088_A04-31_02 02 Block 16 - Elevations prepared by Blackburne 06-06-17
Jackson Design
7088_A05-01_04 04 Sections prepared by Blackburne Jackson Design 06-06-17
7088_A05-10_03 03 Block 15 - Sections prepared by Blackburne Jackson 06-06-17
Design
7088_A05-15_01 01 Block 16 - Sections prepared by Blackburne Jackson 06-06-17
Design
7088_AA05-20_03 03 Sections prepared by Blackburne Jackson Design 29-05-17
7088_AO17-01_01 01 Facilities Buildings Perspectives prepared by 19-05-17
Blackburne Jackson Design
7088_AO17-03_01 01 Quarry Café Views prepared by Blackburne Jackson 19-05-17
Design
7088_AO17-03_02 02 Parkside Residences prepared by Blackburne 06-06-17
Jackson Design
7088_AO17-04_01 01 Parkside Terrace 15 prepared by Blackburne 19-05-17
Jackson Design
7088_AO17-05_01 01 Parkside Terrace 15 prepared by Blackburne 19-05-17
Jackson Design
7088_AO17-06_02 02 Parkside Residences 3 prepared by Blackburne 06-06-17
Jackson Design
Applicant’s requested change
The applicant requests that condition 2 be updated to reflect the new set of plans.
Assessment
The proposed amendment to condition 2 will reflect the new set of plans and is therefore
supported.
Page 33 of 135
Section 34
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Condition 4
4. The ancillary shop, restaurant/cafe, multi-function room, gym and other ancillary facilities
shall be operated and maintained as a Resort. A letting pool service promoting and
managing short term accommodation must also be established on site and made available
to all owners of multiple dwelling units. The community management statement for any or
all bodies corporate having control of the Resort or any part thereof shall incorporate this
condition. Where the development is staged, the common resort facilities must be
completed and operational as part of the first stage or after construction of the 64th Unit.
Applicant’s requested change
The current wording of this condition is somewhat ambiguous as to when the common resort
facilities are to be completed and operational. As per previous discussions with Council, and as
reflected in the previous Council assessment report (i.e. Planning & Environment Committee
Meeting Agenda of 6 December 2016) it is requested that this condition be amended as follows
to require that the facilities be constructed and operational prior to the commencement of use of
the 64th dwelling unit:-
4. The ancillary shop, restaurant/cafe, multi-function room, gym and other ancillary facilities
shall be operated and maintained as a Resort. A letting pool service promoting and
managing short term accommodation must also be established on site and made available
to all owners of multiple dwelling units. The community management statement for any or
all bodies corporate having control of the Resort or any part thereof shall incorporate this
condition. Where the development is staged, the common resort facilities must be
completed and operational as part of the first stage or after construction prior to the
commencement of use of the 64th Unit.
Assessment
It is not reasonable to change the wording of this condition as proposed by the applicant. The
intent of the condition is to ensure the development of the resort facilities and that the
development of these facilities occurs in a timely manner. This will also allow the initial occupants
of the resort to use the facilities. Furthermore the use of the 64th unit could occur a considerable
time after its development. Therefore, it is recommended that the wording of condition 4 remain
unchanged.
Condition 8
8. The development’s external colour scheme shall use muted environmental tones of
browns, greens and greys to integrate the development with its landscape setting and
ensure the development does not visually impact on the vegetated skyline. All buildings
shall utilise the finishes palette detailed on Plan 7038- DA14 Issue 05 Dated 06.06.2017.
The use of paint finish Taubmans Tahira White is to be minimised.
Applicant’s requested change
To reflect the colours and finishes palette submitted as part of the change request the applicant
requests the condition be amended to:
8. The development’s external colour scheme shall use muted environmental tones of
browns, greens and greys to integrate the development with its landscape setting and
ensure the development does not visually impact on the vegetated skyline. All buildings
shall utilise the finishes palette detailed on Plan 7038- DA14 Issue 05 Dated 06.06.2017 06
Dated 29-09-17. The use of paint finish Taubmans Tahira White is to be minimised.
Assessment
The colours and finishes palette provides for exactly the same colour finishes as previously
approved – the only change relates to the issue number and the date on the plans. Accordingly,
this minor change is supported.
Page 34 of 135
Section 35
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Condition 33
33. Carparking shall be provided within the site generally as shown on the approved plans. All
at grade carparking shown on the approved plans must be maintained in common property
and available to all units. Carparking shall include 261 carpark spaces with 205 of these to
be covered carpark spaces, and include 10 clearly defined disabled carpark spaces for the
unit component of the development. Five carparking spaces for staff in addition to resident
and visitor spaces are to be provided on site. Motorcycle/scooter parking spaces may be
incorporated at a rate of 4 spaces equivalent to 1 car space.
Applicant’s requested change
It is requested that this condition be amended to reflect new car parking numbers triggered by the
proposed new unit mix as reflected on the amended architectural plans. We note that proposed
car parking numbers are in excess of the minimum requirements for both resident and visitor
parking under the Noosa Plan, as reflected in the following table:-
In addition to the number of carparks triggered for the proposed units identified in the table
above, an additional 6 car spaces are also intended to be allocated for staff parking.
Based on the above, there is an overall surplus in car spaces (circa 51 uncovered car spaces)
anticipated by the development, and it is requested that the opportunity be provided that these
surplus car spaces be able to be allocated to individual units by the developer, as exclusive use
spaces. This would increase the marketability of units without adversely impacting upon visitor
parking arrangements across the development.
In light of this, it is requested that this condition be amended to read:-
33. Carparking shall be provided within the site generally as shown on the approved plans. All
at grade carparking shown on the approved plans must be maintained in common property
and available to all units. Carparking shall include 261 285 carpark spaces with 205 250 of
these to be covered carpark spaces, and include 10 clearly defined disabled carpark
spaces for the unit component of the development. Five carparking spaces for staff in
addition to resident and visitor spaces are to be provided on site. Motorcycle/scooter
parking spaces may be incorporated at a rate of 4 spaces equivalent to 1 car space
Assessment
The provision of car parking significantly exceeds the amount required under the Noosa Plan.
The applicant’s request that the surplus car parking spaces be made exclusively available to
individual units is not unreasonable, as the minimum required number of visitor spaces (35) will
remain available. In order to maintain visitor car spaces within common property, thereby
providing surety to car parking for non-residents, it is recommended that the applicant’s proposed
wording be generally accepted with a minor modification to read:
33. Carparking shall be provided within the site generally as shown on the approved plans.
Carparking shall include 285 carpark spaces with 250 of these to be covered carpark
spaces, and include 10 clearly defined disabled carpark spaces for the unit component of
the development. Five carparking spaces for staff in addition to resident and visitor spaces
are to be provided on site. Visitor and staff carparking, including all at grade car parking
situated between Blocks 2 and 3, must be maintained in common property and be available
to all units. Motorcycle/scooter parking spaces may be incorporated at a rate of 4 spaces
equivalent to 1 car space.
Page 35 of 135
Section 36
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Condition 47
47. All stormwater drainage shall be managed so that:
a. there is no net increase in 1 year ARI peak stormwater flows from the site at any
stage of the development; and
b. the discharge of stormwater from construction or completed stages of the site does
not affect the approved design residence time of the Noosa Springs Golf Course lake
system.
Applicant’s requested change
This condition currently requires no net increase in 1 year ARI peak stormwater flows from the
site at any stage of the development. As discussed through the detailed design process, and
associated operational works package associated with the development, there is a minor net
increase in the 1 year ARI event from the site of 0.08m3/s. This increase is considered minor
when compared to the total site 1 year ARI event flow of 1.709m3/2.
Although there is a minor increase in flow, it should be noted that the site is 51% impervious
which is generally in keeping with the 50% imperviousness assumed in the master drainage plan
report for the site. The pipe drainage infrastructure in Resort Drive and the stormwater property
connections to the site have been designed for the minor (10 year ARI) storm events so that the
minor net increase in the 1 year ARI can be accommodate without negatively impacting the
existing drainage infrastructure. Furthermore, the minor increase in the 1 year ARI Flow from the
site will be mitigated by the storage provided within the extensive pipe network, bio-retention
basins and swales within the site.
In light of the above, it is requested that Condition 47 be amended to read:-
47. All stormwater drainage shall be managed so that:
a. there is no net increase in 1 year ARI peak stormwater flows from the site at any
stage of the development; and
b. the discharge of stormwater from construction or completed stages of the site does
not affect the approved design residence time of the Noosa Springs Golf Course lake
system.
Assessment
The request to amend this condition was referred to Council’s Environment Officer who advised:
Condition 47(a) is applied to ensure the development meets the State Planning Policy, therefore
we cannot remove its intention completely.
The condition can be reworded to achieve the same outcome of the State Planning Policy being
that the applicant will need to demonstrate the Peak 1 year flows will not cause scour to any
receiving water ways.
Condition 47(a) can be reworded as follows:
a) there is no net increase in 1 year ARI peak stormwater flows from the site at any stage of the
development that will cause scour at any point in the receiving environment. Where there is an
increase in 1 year ARI peak stormwater flows, a Hydraulic Engineer must certify that the increase
will not be responsible for any scour in the receiving environment
It is recommended that condition 47(a) be reworded in accordance with the advice of Council’s
Environment Officer.
Page 36 of 135
Section 37
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Condition 83
83. The development shall comply with the noise management strategies contained in the
report prepared by Ron Rumble Pty Ltd and dated November 2006, with the following
additional details to be provided prior to issue of Operational Works to the reasonable
satisfaction of Manager, Environmental Health:
83.1 The necessary and appropriate noise control measures incorporated into the façade
of the apartments and within the restaurant. These measures should include:
83.1.1 Upgraded glazing and air-conditioning to the potentially affected apartments,
and which apartments
83.1.2 Strategically placed wing walls on balconies to screen the apartment and
balconies from alfresco dining areas;
83.1.3 The possibility of a roof over the outdoor dining area with absorption to the
underside should be explored;
83.1.4 Revised hours of operation to no later than midnight;
83.2 Formulate and implement a Noise Management Plan to deal with noise emissions
from the premises including patron noise.
83.3 Prospective purchasers of the apartments to be advised of the noise control features,
which have been incorporated into the design of the apartments and the hours of
operation of the adjacent restaurant.
83.4 The Noise Management Plan referred to in Condition 82.1.4 shall be incorporated in
perpetuity in the By-Laws of the Body Corp for the building.
83.5 The Noise Management Plan shall include a process for dealing with complaints and
specify that the Restaurant Manager and Body Corp Manager be responsible for
dealing with any noise complaints.
Applicant’s requested change
This condition requires that a Noise Management Plan be prepared to deal with noise emissions
associated with the common resort facilities, wherein such strategies comply with an acoustic
report prepared by Ron Rumble Pty Ltd and dated 2006. We note that the Ron Rumble Pty Ltd
report was prepared for and supported the original approval over the site which incorporated
resort facilities of a scale and form that were more significant than the scale of the current
approved common resort facilities. It is understood that this reduction in scale has previously
been acknowledged by Council. The gross floor area of the proposed Community facilities has
now reduced from approximately 1,341sqm (as originally approved) to (circa) 600sqm.
To advise prospective purchases of the particular noise control features that have been
implemented into the design of individual apartments is an onerous requirement given the small
scale of the facilities now proposed. Acoustic mitigation measures can be readily incorporated
into the required noise management plan. We can confirm that a noise management plan is
currently being prepared to this effect and is anticipated as being provided to Council under
separate cover.
As such, it is requested that:-
clause 83.3 be amended to require the prospective purchasers be advised of the noise
management plan to manage potential noise emissions associated with the development;
the cross referencing error in clause 83.4 be amended; and
the noise control measures identified in clause 83.1 may not all necessarily be required to
achieve appropriate acoustic levels, and this should be reflected in the drafting of this
condition.
Page 37 of 135
Section 38
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
In light of the above, it is respectfully requested that this condition be amended as follows:-
83 The development shall comply with the noise management strategies contained in the
report prepared by Ron Rumble Pty Ltd and dated November 2006, with the following
additional details to be provided prior to issue of Operational Works to the reasonable
satisfaction of Manager, Environmental Health:-
83.1 The necessary and appropriate noise control measures incorporated into the façade
of the apartments and within the restaurant. These measures should may include:
83.1.1 Upgraded glazing and air-conditioning to the potentially affected apartments,
and which apartments;
83.1.2 Strategically placed wing walls on balconies to screen the apartment and
balconies from alfresco dining areas;
83.1.3 The possibility of a roof over the outdoor dining area with absorption to the
underside should be explored;
83.1.4 Revised hours of operation to no later than midnight;
83.2 Formulate and implement a Noise Management Plan to deal with noise emissions
from the premises including patron noise.
83.3 Prospective purchasers of the apartments to be advised of the noise control features,
which have been incorporated into the design of the apartments and the hours of
operation of the adjacent restaurant The applicant must advise prospective
purchasers that a noise management plan has been prepared to manage noise
emissions related to the development.
83.4 The Noise Management Plan referred to in Condition 82.1.4 83.2 shall be
incorporated in perpetuity in the By-Laws of the Body Corp for the building.
83.5 The Noise Management Plan shall include a process for dealing with complaints and
specify that the Restaurant Management and Body Corp Manager be responsible for
dealing with any noise complaints.
Assessment
A Noise Management Plan (NMP) was submitted with the application and reviewed by Council’s
Environmental Health Department. Based on review of the NMP it is recommended that
Condition 83.3 be reworded in accordance with the applicant’s request. It is also recommended
that the cross referencing error in Condition 83.4 be rectified and an error within the wording of
Condition 83.1.1 also be rectified.
However the applicant’s request to alter the wording of Condition 83 from “should” to “may” is not
recommended. The Environmental Health Unit has recommended that the term “should” be
replaced with “shall” and minor changes to wording of Condition 83.1.3 such that the amended
Condition is now recommended to read:
83 The development shall comply with the noise management strategies contained in the
report prepared by Ron Rumble Pty Ltd and dated November 2006, with the following
additional details to be provided prior to issue of Operational Works to the reasonable
satisfaction of Manager, Environmental Health:-
83.1 The necessary and appropriate noise control measures incorporated into the façade
of the apartments and within the restaurant. These measures shall include:
83.1.1 Upgraded glazing and air-conditioning to the potentially affected apartments;
83.1.2 Strategically placed wing walls on balconies to screen the apartment and
balconies from alfresco dining areas;
83.1.3 Installation of a roof over the outdoor dining area with absorption to the
underside should be explored;
Page 38 of 135
Section 39
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
83.1.4 Revised hours of operation to no later than midnight;
83.2 Formulate and implement a Noise Management Plan to deal with noise emissions
from the premises including patron noise.
83.3 The applicant must advise prospective purchasers that a noise management plan has
been prepared to manage noise emissions related to the development.
83.4 The Noise Management Plan referred to in Condition 83.2 shall be incorporated in
perpetuity in the By-Laws of the Body Corp for the building.
83.5 The Noise Management Plan shall include a process for dealing with complaints and
specify that the Restaurant Management and Body Corp Manager be responsible for
dealing with any noise complaints.
Condition 96
96. The rear 2 metres of Blocks 7, 8 and 9 is to be extensively landscaped and no structures or
swimming pools are to be located in these areas. No access is to be provided from the rear
of these Blocks to Resort Drive
Applicant’s requested change
It is noted that this condition has been introduced as a consequence of the most recent change
approval, and we note that previous representations were made that this condition should be
either deleted or amended to allow structures and / or swimming pools in the rear 2 metres of
these blocks. We maintain our previous position, and reiterate that this has significant design
implications for these buildings as well as will adversely impact on the area of useable outdoor
open space for future occupants of these units.
As reflected in the approved plans of development, there are only 6 plunge pools intended along
the rear of these blocks, each of which have been intentionally sited to ensure a seamless
integration into the overall design of the development, whilst also achieving a high quality
presentation to the adjacent Resort Drive.
It is understood that Council imposed the requirement that no structures or swimming pools are
to be located within a 2m landscape setback primarily to ensure that existing vegetation
(including koala food trees) along the Resort Drive frontage are retained. The proposed
development achieves this landscape outcome without the need to setback pools and structures
an additional 2 metres. In particular, a significant number of trees will be retained along the
Resort Drive frontage as required by conditions 5.5 and 6 of the most recent decision notices.
An updated Vegetation Management Plan (VMP) has been prepared (refer attached) which
demonstrates the number of trees able to be retained, subject to arborist certification during the
detailed engineering phase of the project. As reflected in the VMP “tree protection zones” and a
“tree protection fence” are proposed to delineate those trees anticipated as being retained, the
majority of which are generally clear of the construction zone for the plunge swimming pools and
boundary fences. Of those trees that are nominated as being removed by the VMP, they are
generally located within the areas of private open space for units 7, 8 & 9 and sited such that
they would significantly impede on the usability of those spaces. It is understood that buffer
planting is intended to be provided along Resort Drive in proximity of where trees are anticipated
as being removed.
In addition, in respect of trees proposed to be retained, where it is practical to do so directional
drilling techniques will be utilised to construct utility services along Resort Drive, to ensure tree
retention.
To assist Council’s assessment of the proposed change to condition 96, the following information
will be submitted under separate cover:-
Arboricultural assessment of trees to be retained;
Landscape Concept Plan demonstrating landscaping outcomes along the site frontage and
within the private open space of Blocks 7 – 9.
Page 39 of 135
Section 40
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
In addition to the above, it is proposed to maintain the opportunity for occasional pedestrian
access to the rear of Blocks 7, 8 & 9 for garden and pool maintenance only. The proposed
restriction to access to Resort Drive will be included within the Community Management
Statement for the development.
We therefore request that this condition be amended to read as follows:-
96. The rear 2 metres of Blocks 7, 8 and 9 is to be extensively landscaped and no structures or
swimming pools are to be located in these areas. No access is to be Access, where
provided from the rear of these Blocks 7, 8 and 9 to Resort Drive, is limited to garden and
pool maintenance access only. No vehicular access is permitted.
Assessment
The proposed change to Condition 96 is not supported as the provision of pedestrian access for
pool and garden maintenance will result in the on-going use and disturbance of the slope of road
reserve. This vegetation in the road reserve has koala habitat values and is required to be
retained and protected so these values can persist into the future. The intent of the 2m wide
landscape setback area within the development site is to ensure a development buffer to the
protected road reserve vegetation (including roots zones) is maintained. The applicant has not
provided sufficient justification to warrant accepting the proposal and sufficient doubts exists as
to the benefits their proposal brings to the retention and protection of the vegetation.
The provision of pools in the 2m landscape area, rear lot access and an informal pathway will not
preserve the koala habitat values in the road reserve and will lead to their degradation.
Accordingly, it is recommended that Condition 96 remains unchanged.
4.1. Consequential Amendments to Conditions
The amended plans will require consequential amendments to condition 64 which relates to
Infrastructure Charges, Advisory Notes 1, 2 and 11 will also be required to be updated. These
changes are required to reflect the proposed new mix of units and overall reduction in yield.
Conditions 72 and 81 require minor amendments to rectify minor formatting issues and to remove
reference to a Local Law which is no longer applicable.
5. CONSULTATION
The application was not required to be referred to any external agencies.
6. FUTURE POTENTIAL MINOR CHANGES
The current application is the fourth minor change application to come before Council in the past
2 years. Given the scale of the development it is understood that further minor changes will be
proposed. In order to facilitate efficient decision making on these minor matters it is
recommended that Council delegate its powers under the Planning Act 2016 for minor change
applications to the Chief Executive Officer. Applications involving more complex changes will
continue to be presented to Council for decision making.
Page 40 of 135
Section 41
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
7. CONCLUSION & REASONS FOR DECISION
The application seeks to change the existing development approval for a resort of 145 multiple
dwellings and associated facilities within Precinct F of the Noosa Springs master planned estate.
The changes seek to reduce the number of dwelling units to 137, alter the density and GFA and
update several conditions. The proposed changes are consistent with the original development
parameters of the approval and the changes are considered to be supportable under the
Planning Act provisions.
The intent of the existing approval was for multiple dwellings with integrated resort components
and booking/management functions. The amended development will remain subject to the
approved use type and still retains common resort-type facilities of a simpler, rationalised nature.
The application is recommended for approval, subject to amended conditions. A number of
consequential changes to conditions are also required.
The proposed changes to Conditions 4 and 96 are not supported as they would result in
uncertainty with regards to the timing of the development of the resort facilities and compromise
screening vegetation within the Noosa Springs road reserve.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
x Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance x Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 41 of 135
Section 42
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Page 42 of 135
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5 1 1 7 13 4 3205 2288 72 35 96 135Section 44
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Page 44 of 135Section 45
Page 45 of 135
APPROVED PLANS
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Page 45 of 135Section 46
Page 46 of 135
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Page 47 of 135
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a NOOSA SPRINGS, NOOSA HEADS PERSPECTIVE SKETCHES 7038 - DAI! reacts MevacreSection 48
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
3 RAL17/0501 DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT (1 LOT
INTO 6 RESIDENTIAL LOTS), LOCATED AT 2 DAVID LOW WAY, CASTAWAYS
BEACH
DOCUMENT INFORM AT ION
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development
Index ECM / Application / RAL17/0501
Attachments 1. Subdivision Proposal Plan dated 31 October 2017
APPLICATION DETAILS
Applicant Kenlynn Pty Ltd
Proposal Development Application for Reconfiguring A Lot – (1 into 6
residential lots)
Properly Made Date 17 August 2017
Information Request Date 6 September 2017
Information Response Date 17 November 2017
Decision Due Date 19 January 2018
PROPERTY DETAILS
Property Address 2 David Low Way Castaways Beach
RP Description Lot 71 MCH 2854
Land Area 9677m²
Existing Use of Land Duplex
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosa Plan (16 September 2013)
Zone Detached Housing
Overlays Biodiversity – Environmental Protection and Riparian buffer
Natural Hazard: Bushfire & Acid Sulfate Soils Overlay – Low Potential
Acid Sulfate Area
Natural Hazard: Landslide & Flooding Overlay – Landslide Hazard
Area
Natural Resources Overlay – Coastal Protection Area
Assessment Type Code
Page 48 of 135
Section 49
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting
dated 15 January 2018 regarding Application RAL17/0501 for a Development Permit for
Reconfiguring a Lot – (1 into 6 residential lots), situated at 2 David Low Way, Castaways Beach
and:
A. Refuse the application for the following reasons:
1. The proposed development is contrary to the Overall and Specific Outcomes of the
Eastern Beaches Locality Code of the Noosa Plan. The development proposes
significant clearing that is contrary to the Locality Code which requires protection of
the vegetated character and views from the David Low Way and protection of native
vegetation.
2. The proposed development is contrary to the Biodiversity code as it involves clearing
of vegetation that is mapped as Environmental Protection and Riparian vegetation
under the Noosa Plan.
3. The proposed development will result in unacceptable impacts on the visual amenity
and character of the area.
4. The applicant has not demonstrated that a compliant, safe access is able to be
provided to the site in accordance with required standards. To achieve a safe access
significant clearing of vegetation and earthworks in the road reserve is also likely to
be required.
5. The proposal is an overdevelopment of the site with the resultant development form
detrimentally affecting the environmental and amenity values of the site.
B. Advise the utility service providers that there is significant vegetation within the road
reserve adjacent 2 David Low Way, Castaways Beach that requires detailed assessment
prior to installation of any services to minimise potential impacts on this vegetation.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
This application seeks approval for a Reconfiguration of a Lot to create 1 in to 6 residential lots
and an access easement at 2 David Low Way, Castaways Beach. The boundaries of the
proposed 6 lots extend across the entire site and include vegetation buffer areas in the form of
covenants around the boundaries.
The reconfiguration proposes the following lot sizes in Table 1 below with each lot to have a
defined building envelope:
Lot Total Coastal Covenant (required for Road Buffer Covenant Building Envelope (vegetation
Number Area stormwater, fire suppression and (vegetation to be to be cleared)
structure protection purposes retained)
Lot 711 3336m2 83m2 2142m2 527m2
(includes covenant to
Burgess Creek)
Lot 712 1219m2 102m2 171m2 618m2
Lot 713 1181m2 102m2 174m2 613m2
Lot 714 1118m2 174m2 105m2 565m2
Lot 715 942m2 113m2 183m2 388m2
Lot 716 1807m2 343m2 746m2 257m2
Page 49 of 135
Section 50
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Two different covenant areas are proposed over the site and include:
Coastal covenant: 6 metre strip along seaward boundary. (Note: Plan of Development -
Figure 2 does not include boundary setbacks within lots within covenant area however
Vegetation Management Plan Figure 5 does include boundary setbacks in the covenant
area).
Road buffer covenant: 10 metre strip along David Low Way and includes area of land
located over the northern part of the site, 50 metres from Burgess Creek.
The applicant indicates that covenant and vegetation buffers areas total 3643m2 or 38% of the
site and enable protection and rehabilitation of vegetation along David Low Way and to Burgess
Creek.
The proposed Statutory Environmental covenants include a number of requirements including:
Retention of vegetation along David Low Way (10 metres wide) (road buffer covenant).
Vegetation management obligations.
1.5 metre black pool style, gate free fence along the entire seaward boundary to restrict
uncontrolled access to the beach.
Habitat Protection Area (road buffer covenant) – though indigenous vegetation where it
poses a serious and imminent risk to human safety, including bushfire risk, may be cut
down or trimmed to remove the risk.
Bushfire Risk and Stormwater Management Areas (coastal covenant area) – No
combustible mulch permitted. No vegetation that is a climbing vine, shrub or a tree or an
environmental weed permitted. Only ground covers with a maximum height of 150mm to be
maintained.
Council obligations include maintenance of sight lines with regard to vegetation and access
and maintain bushfire fuel loads in adjoining reserves.
The existing access to the site is proposed to be relocated further southwards to provide better
sight distances. An easement for access and services is proposed 10 metres from the David Low
Way. Carparking for the development would be provided on each individual lot and a service/bin
area is proposed within the access and services easement adjacent to proposed Lot 715.
The lots are proposed to be connected to nearby water and sewer infrastructure and stormwater
is proposed to be treated on site for each lot with a 100m2 detention basin located along the
eastern boundary of each lot. Earthworks are also proposed for the site with the existing
northern knoll excavated by 2 to 3 metres and used to fill the low vegetated portion of the site.
The site will be substantially cleared as part of investigation into Unexploded Ordnance as well
as required for fire suppression and structure protection.
The following information was submitted as part of the application and information request:
Vegetation Management Plan - Cardno
Ecological and Bushfire Assessment – Cardno
Civil Engineering Assessment - Sheehy and Partners
Specific Engineering Assessments: Dr. T. Johnston/Cardno - Coastal Hazard and Erosion,
Flooding, Acid Sulphate Soils Geotechnical Assessment Stormwater Management
Traffic Engineering Report – TTM P/L
Unexploded Ordnance Assessment - OPEC Systems
Bushfire Management Plan – prepared by Cardno
Fauna Assessment prepared by Cardno
Page 50 of 135
Section 51
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
The applicant has also provided a copy of a Services Advice Notice from Unity Water which
indicates that the site is located within Unitywater’s connections area and that the applicant will
be required to demonstrate how they intend to connect the proposed lots to the existing sewer
and water mains. The concept plans provided indicate that further clearing is proposed in the
road reserve to accommodate the sewer and water mains.
A locality plan and proposal plans are detailed in Figures 1 to 5 below.
Figure 1 - Location of Site
Page 51 of 135
Section 52
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Figure 2 – Proposal Plan
Page 52 of 135
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
This plan has been prepared as a proposed subdivision =
! ‘The dimensions, areas and total number of lots shown
and should not be used for any other purpose.
@ hereon are subject to feld survey and are also to the >
may have requirements under any reievant legisiaton » Ce, 1G
requirements of council and any other authority which
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Page 52 of 135Section 53
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Figure 3 - Proposal Plan
Page 53 of 135
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
This pian has Deen prepared as 3 proposed subdivision rh
| and should not be used for any other purpose.
Bb, eeoermaieup rec mtee >
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information on this plan tor any financial dealings ne ae Pee ae a Po: ta,
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Page 53 of 135Section 54
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Figure 4 – Vegetation Management Plan – Construction Phase
Figure 5 – Vegetation Management Plan – Occupation Phase
Page 54 of 135
Section 55
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
2. SITE DETAILS
2.1. Background
The site has an existing approval for a duplex under TPC 2566 issued in 1993 and reflects the
existing two buildings on the site.
The most recent approval over the site relates to a reconfiguration of a lot to create 2 lots and
access easement under REC16/0015. Due to issues relating to bushfire and effluent disposal, a
Preliminary Approval was issued by Council in September 2016. Following lodgement of
submissions and further reports addressing the above issues, Council issued a Negotiated
Decision Notice for the Reconfiguration. The applicant subsequently lodged an appeal to the
Planning and Environment Court of 16 January 2017 seeking a reduction in the approved
covenant area of the lots. Council’s experts for the appeal have been appointed and are currently
reviewing the matter with Council’s solicitor. A copy of the negotiated subdivision layout is
detailed in Figure 6 – Negotiated Subdivision Layout for REC16/0015. The approved plan
detailed two lots with significant areas of the site including existing vegetation to be retained.
Figure 6 – Negotiated Subdivision Layout for REC16/0015
The applicant had a pre-lodgement meeting prior to lodging this application proposing a 1 into 3
lot subdivision. At that meeting officers indicated a 1 into 2 lot subdivision was more appropriate
reflecting the existing approval for the duplex.
Given the site is located within the Coastal Management District the applicant was advised they
should consult with the Department of Infrastructure, Local Government and Planning (State
Assessment and Referral Agency) which they did on 30 June 2017. The Department supported
vegetation covenants along David Low Way and the northern part adjoining Burgess Creek.
The current development application was lodged on 11 August 2017, with a Council information
request issued 6 September 2017. This information request detailed sixteen items to be
addressed, including clearance of vegetation, Biodiversity provisions, Unexploded Ordnance
(UXO) clearances, bushfire, fauna, size of building envelopes, water quality and stormwater,
easement and covenant details and sight lines and access. The applicant responded to the items
raised on 10 November 2017.
Page 55 of 135
Section 56
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
2.2. Site Description
The site is situated on the eastern side of David Low Way directly to the south east of the
Burgess Creek bridge near the residential suburb of Castaways Beach. The site has an area of
9677m2 with a frontage to the David Low Way of approximately 254m2. Two dwelling units are
located on the site accessed from a central driveway off David Low Way.
The site is an isolated lot that is well separated from the existing developed residential suburbs of
Sunrise and Castaways Beach by the existing David Low Way road corridor and environmental
area surrounding Burgess Creek.
The site’s elevation ranges from 4m AHD to 24m AHD and generally slopes down from the
southern corner to the existing dwelling and then falls steeply to the Burgess Creek boundary.
The slope to Burgess Creek is approximately 38%.
Dunal vegetation is located throughout the site and generally consists of Spinifex grassland,
Black Wattle, Coastal Casuarina, Acacia, Banksia, Pandanus, Carrotwood and Coastal Aspin.
The site is almost wholly located within a riparian buffer area identified by the Noosa’s Plan’s
Biodiversity Overlay.
2.3. Surrounding Land Uses
The site abuts a 92.8ha reserve to the east (Castaways Beach Park) and Burgess Creek to the
north which are zoned Open Space Conservation. Adjoining the site to the west is David Low
Way and further south-west across the road reserve are detached dwellings located off Driftwood
Drive and Caribbean Court.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
The statutory planning instruments relevant to this application are discussed in the sections that
follow.
3.2. State and Other Statutory Instruments
State Planning Policy
Under the State Planning Policy, the site is mapped as being affected by the following:
Coastal Environment: Coastal Management District
Bushfire Prone Area
Erosion Prone Area
Medium Storm tide inundation area
The above State Planning Policies are generally reflected in the planning scheme.
Page 56 of 135
Section 57
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Biodiversity – Matters of State Environmental Significance (MSES)
The northern portion of the site is identified by the state as being mapped as MSES - Regulated
vegetation (wetland). The applicant details that this matter was raised by SARA at a pre-
lodgement meeting wherein it was stated that the vegetated area on Lot 711 will be protected.
The applicant has addressed the MSES status in the Ecological and Bushfire Assessment Report
submitted as part of the application and contends that:
This suggestion has been investigated and it has been determined that this particular MSES
does not apply to the Site… as the regulated vegetation that occurs on the Site is not a wetland
regional ecosystem and there are no wetland areas on the Site, apart from a narrow fringe of
wetland associated with Burgess Creek.
The proposed clearing and subsequent future building works on the site will detrimentally impact
on the coastal vegetation on the site with the vegetation adjacent to Burgess Creek being subject
to understory clearing in order to gain unexploded ordnance clearance. The existing vegetation is
critical in maintaining the ecological integrity of Burgess Creek. The vegetation is also important
in maintaining soil and coastal bank stability with the site having direct frontage to a coastal
foreshore.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The Regional Plan
identifies that the Urban Footprint includes established urban areas and land with the potential for
new urban development. It incorporates the full range of urban uses including housing, industry,
business, infrastructure, community facilities…… The priority for developing land in the Urban
Footprint is to accommodate urban growth. However, the Urban Footprint is not an urban zone
and does not imply that all land can be developed for urban purposes.
The proposal is considered to be an urban development which accords with the intent of the SEQ
Regional Plan. However, it is noted that the Urban Footprint principles includes that the Urban
Footprint is a tool for managing, rather than simply accommodating, regional growth.
Planning Regulation 2017
The following assessment benchmark mapping apply to the application:
Bushfire Hazard Area – Medium Potential Bushfire Intensity
Erosion Prone Area
The applicant has provided a Bushfire Assessment Report and Bushfire Management Plan as
part of the application. The Bushfire Management reports conclude that the level of risk is
relatively low due to David Low Way and Burgess Creek acting as fire breaks, reticulated water
on site and access for each lots for emergency services. This aspect is discussed further in the
Natural Hazards Code assessment below.
The Bushfire Management Plan proposes Asset Protection Zones wholly co-located in the
proposed covenant areas for vegetation protection. The Assets Protection Zones require the
removal of all flammable material within this area including overhanging vegetation. The co-
location of this asset protection zone in the covenant areas will result in vegetation retained no
higher than 150mm.
The application was referred to the State due to the site being located in the Coastal
Management District. The Department of Infrastructure, Local Government and Planning have
offered no objection to the proposed development and as a concurrence agency have directed
Council to impose conditions on any development approval.
Page 57 of 135
Section 58
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Eastern Beaches Locality and is zoned Detached Housing. The
proposed development is identified as code assessable development within the zone and is
required to follow a code assessable application process, assessable against the following
codes:
Eastern Beaches Locality Code;
Reconfiguring a Lot Code;
Landscaping Works Code;
Engineering Works Codes;
Biodiversity Overlay Code (Environmental Protection & Riparian Buffer Area); and
Natural Hazard Overlay Code (Landslide Hazard & Bushfire Hazard).
The application has been assessed against each of the above applicable codes. The pertinent
issues arising out of the assessment against the codes are discussed below:
Locality Provisions – Overall Outcomes
The subject site is located in the Eastern Beaches Locality and is zoned Detached Housing. The
proposed development is required to follow a code assessable application process.
The Overall Outcomes for the Eastern Beaches locality detail the intent for the area with the most
pertinent to the development detailed below:
a) New uses and works are located, designed and managed to—
iii. avoid significant adverse impacts on the amenity enjoyed by users of other premises,
including acoustic and visual qualities;
iv. avoid significant adverse impacts on the natural environment, including native habitat
removal, fragmentation and attrition; and
v. protect the natural beach experience and overall visual amenity for beach users;
j) The locality’s complex dune system, forming protected valleys and exposed ridges leading
to the Pacific Ocean or wetlands on the shores of Lake Weyba is protected;
l) The especially deep eastern drainage systems including Sunshine, Burgess, Castaways,
Marcus and Peregian Creeks are protected;
m) Particular values of the landform and landscape are maintained and protected including—
ii. the beach and the natural fore dune system stretching along the beachfront; and
iii. the coastal dunes, creeks and lagoons;
n) The large diversity of indigenous vegetation, supported by the dunes and wetlands
including wetland communities, stunted heath land communities and higher eucalypt
communities, are maintained and protected for dune stability and attractive vistas from the
David Low Way and the beach;
r) Areas of native remnant or regrowth vegetation, including their biodiversity and habitat
values are protected;
t) Access to the fore dune and beachfront areas is provided via formalised communal access
points designed to protect dunal systems;
u) Vegetated views from the beach and the David Low Way are protected from the potential
impacts of development;
w) Access to the coastal areas is maintained north-south along the David Low Way and
provides constantly changing vistas of the ocean and vegetated dune system, curving
between densely vegetated national park to the west and wallum plains;
kk) For the Detached Housing Zone—single detached housing prevails that maintains—
iv. landscaping amongst buildings, retaining trees and vegetation wherever practical;
Page 58 of 135
Section 59
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
These outcomes of the locality clearly highlight the importance of maintaining the natural
environment and vegetation as well as maintaining the natural beachside experience through the
protection of vegetated views and surrounds. The site is currently well vegetated, has a limited
visual presence to the area and is separate to the existing coastal development west of David
Low Way. These current vegetated corridors of David Low Way contribute to the vegetated
landscape setting and are an important feature of the coastal area.
The proposed subdivision of the site does not give due consideration to the outcomes detailed in
the locality code, with the applicant stating that much of the vegetation on site is not of
conservation status and is to be removed. The proposed clearing works combined with the
limitations on future planting in the coastal covenant and clearing for fire management (which
includes the seaward covenant and side boundary covenant areas) and the proposed building
envelopes, provide no opportunity for retention of vegetation in lots or revegetation of the site
which is contrary to the outcomes of the locality.
The visual impacts of the proposed clearing on the current vegetation of David Low Way and
surrounding pedestrian coastal pathways are significant and do not address the outcomes of the
code which express the importance of maintaining vegetated views from the beach and the David
Low Way. The applicant has not provided any information regarding visual impacts of future
development and relies on the provision of the buffer to David Low Way.
The existing dwellings are currently visible from the northern and southern approaches of David
Low Way with the main building visible across Burgess Creek to the north (refer Figure 7 below).
Whilst this main building is to be demolished and the knoll excavated two to three meters building
height is still measured from the natural ground surface level and it is likely that portions of future
dwellings on the site will be visible from this northern portion of the David Low Way.
Figure 7 – View of existing main dwelling from David Low Way north of Burgess Creek bridge.
The existing main dwelling is also currently visible from the southern approach of the David Low
Way as illustrated in figure 8 below. As this dwelling is located on the northern part of the site
with the proposed lots located to the south, it is likely that future dwellings constructed on the site
would be visible from the David Low Way from the southern approach.
Page 59 of 135
Section 60
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Figure 8 – View of existing main dwelling from David Low Way south of Burgess Creek bridge.
The existing smaller dwelling on the south of the site is also visible through the existing
vegetation on site and within the road reserve. The proposed clearing required for access,
building envelopes unexploded ordnance, bushfire management and coastal covenants which
restrict revegetation increases the visibility of the development in this location to the David Low
Way.
Site line clearing for the access driveway is also unclear with Council’s traffic consultant advising
that substantial clearing of vegetation and earthworks in the road reserve may be required to
achieve safe sight distances. This clearing would significantly impact on the current vegetated
road corridor.
Locality Provisions - Specific Outcomes
The proposal has also been reviewed against the Locality Code and whilst it generally complies
with many of the specific code requirements it does not meet the following Specific Outcome:
O2 The vegetated character of the David Low Way is protected and new development
recognises and protects the function, capacity and efficiency of the David Low Way as the major
north-south link throughout the coastal part of Noosa.
As detailed above, the proposal involves extensive removal of vegetation with the resultant
subdivision and future residential lots of 715 and 716 likely to be visible to the David Low Way.
Further, the Overall outcomes of the Landscaping Code reinforce retention and rehabilitation of
native wildlife habitat and riparian zones
Land Use & Works Provisions
The application has been assessed against the applicable codes detailed below
Proposed Lots
The Detached Housing zone details a minimum lot area of 600m2 and minimum average width of
17 metres for lots within the Eastern Beaches locality. The lot sizes range from 942m 2-1807m2
with the exception of larger lot 711, which is 3336m2 which includes Covenant P which serves to
provide separation to Burgess Creek. The proposal complies with the minimum requirements in
this respect.
Page 60 of 135
Section 61
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
The Code’s Overall Outcome includes provision for ‘lots avoid significant adverse effects on the
natural environment and landscape and minimise the risk of hazards for people and property’.
The proposed building envelopes range from 257m2 to 618m2, with an average size building
envelope of 494m2. The building envelopes are generally half the size of the lot. The lots contain
significant amounts of vegetation and building envelopes generally enable the landowner to
utilise the land to its greater extent with regard to building form. It would be expected that very
little of the vegetation within the proposed building envelopes will be retained. The applicant was
requested to address this issue at the information request stage, but declined to modify the
building envelopes.
Generally, the proposed building envelopes exceed the maximum building site cover of 50%
(ground floor) of the total site area required in the Eastern Beaches Locality code.
The following Specific outcomes of the Reconfiguring a Lot Code apply to this proposal.
Specific Outcome Probable Solutions Proposal
O19 Stormwater run-off is No solution provided The applicant has proposed to provide 100m 2
managed so as not to cause any bioretention basins for each individual
adverse impacts on the built or allotment. This proposal would require
natural environment including conditions ensuring an appropriate
changes in quality, quantity or Operational Works approval was sought that
location of stormwater ensured the water quality targets were
discharges. appropriately achieved, as well as covenants
placed over the basins to ensure individual lot
owners appropriately maintain the basins.
The expert geotechnical advice was that
drainage from the proposed subdivision could
rely on infiltration only. Geotechnical advice
provided for other sites along the eastern
beaches has indicated that coffee or other
floating rocks within the dunal system may
intersect concentrated water flows from the
hardstand areas and cause water to push out
the dune and cause scour. These other sites
have needed to install pipework that
discharges concentrated flows as low down
the dune slope as possible. A geotechnical
investigation to the presence of rocks within
this site would be able to give an indication if
this is required here to give a more realistic
understanding of any vegetation clearing
needed for installation of pipes for drainage
management in the event there are rock
floaters in the substrate.
O20 Filling or excavation only No prescribed Proposed excavation on site and filling results
occurs where it does not solution. in removal of vegetation that is mapped on
adversely impact on— Biodiversity Overlay maps.
a) watercourses, drainage lines
and wetlands; or
b) vegetation on land identified
on Biodiversity Overlay Maps
OM1.1-OM9.1; or
c) water levels on properties
elsewhere.
Page 61 of 135
Section 62
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Specific Outcome Probable Solutions Proposal
O21 Land development S21.1 The natural Proposal seeks to modify the site through cut
responds to the distinctive landform and and filling of the site and removal of existing
landscape character of the site landscape are not vegetation across most of the site. Proposed
by utilising the natural features of modified to modifications do not reflect the existing natural
the site, which include— accommodate the undulating character of the site.
a) watercourses and drainage development.
lines;
b) significant trees;
c) understorey vegetation;
d) rock outcrops; and
e) views
O22 Native vegetation, including S22.1 Buffers of Existing vegetation around eastern boundary
individual mature trees are existing native of site is to be removed. Minimal revegetation
retained, protected, maintained vegetation around site is proposed in this area.
and supplemented, with boundaries and
particular consideration given environmentally
to— sensitive areas are
a) roadsides; retained and
reinforced through
b) the amenity of adjoining land
additional planting;
uses; and
c)the protection of
environmentally sensitive areas.
O23 Buildings and other S23.1 All lots include It is likely that the northern lots will enable
structures do not have a a building envelope dwellings to protrude above the ridgeline and
significant adverse impact upon that enables buildings result in the unnecessary removal of
the visual amenity of surrounding and structures to be vegetation.
areas. sited so they do not—
a) protrude above
ridgelines; or
b) result in the
unnecessary removal
of vegetation from the
site.
Engineering Works
The bulk earthworks plan associated with the application indicates that the northern knoll that
currently supports the existing dwelling is to be excavated by 2 to 3 metres with the lower
sections of the site filled 1.0 to 2.0 metres as detailed in Figure 9 below. These earthworks
further demonstrate areas of existing vegetation that will be cleared along with extensive site
modifications.
Page 62 of 135
Section 63
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Figure 9 – Proposed cut and fill
Biodiversity and Coastal Protection
The Noosa Plan maps the site as being included in the Environmental Protection and Riparian
Buffer Areas. In accordance with the assessment table for the Biodiversity Overlay, a
reconfiguration of a lot application that involves clearing of native vegetation triggers assessment
under the code.
Figure 10 – Subject site and Biodiversity Overlay
Page 63 of 135
Section 64
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
The applicant’s consultants contend that the vegetation on site does not satisfy the requirements
for classification as either an Environmental Protection or Environmental Enhancement area
under the Noosa Plan definitions, nor should it be classed as a Riparian Buffer Area.
The site is mapped as being located in a Coastal Protection Area however a reconfiguration
application does not trigger assessment. It is noted that future dwellings on the site will require a
future application for code assessment under the Overlay with the design considering protection
of the beachfront character and provision of native landscaping.
Council’s Environmental Officer advises the provisions in the Biodiversity Overlay make it clear
that the Riparian Buffer area is for more than just vegetation protection. It relates to broader
ecosystem values/services including maintaining bank stability, avoiding incompatible uses and
any new development. The site has a very specific function in terms of its buffering and
stabilisation of the dune system. Vegetation located on the dune system is naturally restricted
and retention of the vegetation also has an important role in this area for ecosystem services
such as fauna habitat, amenity, stability, community asset protection and maintenance of the
complex dune system functions.
Natural Hazards
The site is mapped as being located in Landslide Hazard, Bushfire and Acid Sulfate Soils Areas.
A geotechnical assessment has been submitted that concludes the site is not subject to
geotechnical instability and that the proposed development will not affect geotechnical stability.
However, were there to be any future dwellings on site, a specific geotechnical report would be
required confirming that development will not impact on the stability of the site.
The northern part of the site is mapped as a Low Potential Acid Sulfate Area and the applicant
has provided an Engineering Assessment that indicates due to the elevation of the site and
sandy composition, the site is unlikely to contain acid sulphate components. Conditions may be
imposed to address this matter.
A Potential Impact Buffer associated with the Bushfire Hazard Overlay is located along the north
western half of the site. This buffer relates to vegetation on site and on the western side of the
David Low Way to the south of Burgess Creek. The applicant details that the proposed risk of
bushfire is low due to the provision of a reticulated water supply to the site, formed access to
each lot, David Low Way and Burgess Creek provide an appropriate separation to bushfire
hazard in these areas and that proposed building envelopes will be more than 60m from bushfire
prone vegetation.
Bushfire management
The applicant has not provided a comprehensive assessment of the fuel loads on the site,
however has used the hazard mapping to provide an overall assessment. The applicant
recommends a 6m Asset Protection Zone to the east, north and south of the development
footprint. Within this zone all ground covers must be kept to under 150mm at all times. The north
western half of the site is mapped as being located in a Potential Impact Buffer in a Bushfire
Prone Area. The applicant relies on the Building Standards to determine Bushfire Attack Levels
(BAL) of construction and nominates a BAL rating of 19 with a caveat stating the BAL levels will
be finally determined at design and construction stage. A BAL19 rating requires a setback of 24m
from the hazardous vegetation. The applicant states the lot closest to the hazard has a setback
of 33m.
The applicant states the development will not unduly burden emergency services. It is noted the
landscaping around the house site areas will be required to be minimal and of low flammability so
there will be no opportunity for establishing native shrubs and trees.
The applicant also states Council’s obligations to keep the development safe, is to ensure all
vegetation within the sightlines are maintained at all times and maintain bushfire loads in the
coastal reserves so as not to present an unacceptable risk to residents of the development.
Page 64 of 135
Section 65
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Furthermore, the proposed management of the northern 50m covenant area can include
removing vegetation as it poses a serious and imminent risk to human safety, including bushfire
risk. The supplied documents appear to acknowledge the bushfire risk associated with placing
more people in a bushfire prone area and proposes managing the risk by removing the
vegetation.
Unexploded Ordnance (UXO)
It is noted that the site has been determined by the applicant’s consultants as ‘likely’ being
affected by UXO and that it will be required to be investigated and remediated. The applicant has
provided an indicative de-vegetation plan (refer Figure 11 below) which details that most of the
proposed site requires clearing, including hand clearance of undergrowth to the areas outside the
development footprint for investigation of UXO. The applicant proposes clearing of 62% of the
site to facilitate the investigation and possible remediation of the site for UXO.
The undergrowth in the proposed covenant areas along the David Low Way and to Burgess
Creek is proposed to be cleared by hand/brushcutter for the purpose of a visual survey. Any
identified significant vegetation will be marked and excluded from clearing.
The UXO clearing is to be read in conjunction with the Ecological and Bushfire Assessment
Report prepared by Cardno which indicates that Covenant Areas:
Will be created after all civil engineering works and rehabilitation works have been
completed.
May be disturbed for maintenance of infrastructure and services and weed control following
which they will be rehabilitated.
Figure 11 – Indicative De-Vegetation Plan for UXO clearing shown in red
Site Access
The proposal was referred to Council’s traffic consultant to ensure access to the site was in
accordance with required standards.
Council’s consultant advises the following:
The main issues relate to achieving satisfactory sight lines at the proposed new access driveway
in accordance with Austroads guidelines, and achieving a satisfactory gradient on the access
driveway in accordance with Australian Standards. The information submitted to date does not
represent a satisfactory resolution of those issues.
Page 65 of 135
Section 66
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
A condition could probably be drafted to achieve safe and satisfactory sight lines at the new
access driveway, but the associated extent of vegetation clearing and earthworks required to
achieve such an outcome, both within the road reserve in both directions from the access, and
within the site north of the access, would be greater than anticipated by the material supplied to
date, and at the end of the day I’m not convinced that the new access driveway location would
achieve a better overall safety outcome, if similar levels of vegetation clearing were also applied
to the existing driveway.
A condition could also be drafted in relation to achieving a satisfactory vertical alignment on the
new driveway from David Low Way, but the associated implications on the existing bike path
alignment are unknown and could be substantial, and the associated extent of clearing and
earthworks required within the site as a result is also unknown.
4. CONSULTATION
4.1. Referral Agencies
The application was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
SARA is a referral agency for contaminated land (unexploded ordnance UXO) and Tidal Works
or work in a coastal management district.
The Department has responded advising that the proposal complies with the applicable
performance outcomes of the State Development Assessment Provisions for both coastal and
unexploded ordnance and lists two conditions requiring clearance of the unexploded ordnance.
4.2. Other Referrals
The application was forwarded to the following internal Council officers:
Environment Officer, Development Assessment
Engineering Officer, Development Assessment
5. CONCLUSION & REASONS FOR RECOMMENDATION
The application for a Reconfiguration of a Lot for 1 into 6 lots located at 2 David Low, Castaways
Beach is not supported and recommended for refusal. Whilst the use of the site for residential
purposes is consistent with the intent of the Detached Housing zone, the proposal is considered
to be an overdevelopment of the site based on the environmental and amenity impacts and
safety issues associated with the development.
The site is located on the eastern side of David Low Way and currently presents a well vegetated
boundary to the surrounding area. The site is well separated from the existing residential areas of
Sunrise Beach and Castaways Beach by the vegetated road reserve of David Low Way and
Burgess Creek.
The applicant contends that the development is appropriate based on an environmental
assessment that concludes the site is degraded, has high level of weed infestations, significant
exotic plantings and has limited vegetation worthy of retention apart from the northern section of
the site adjoining Burgess Creek and along the David Low Way. The applicant has subsequently
proposed a six lot subdivision that necessitates clearing of approximately 62% of the site due to
UXO clearance requirements whilst the proposed Coastal Covenants around the building
envelopes limit significant revegetation as they are to be used for fire protection and stormwater
management with low growing vegetation.
The applicant has not adequately demonstrated that the risk posed by bushfire can be managed
whilst retaining the complex dune vegetation system.
Page 66 of 135
Section 67
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
The applicant’s submission that the site is incorrectly mapped is not supported. Council’s
environmental officer has reviewed the supporting documentation and concludes that the site has
significant vegetation values that should be maintained and incorporated into any development of
the site.
The applicant has not satisfactorily demonstrated that the proposed site access is appropriate
and complies with relevant standards and it is likely to require significant earthworks and clearing
of roadside vegetation.
The applicant has not satisfactorily demonstrated that the impacts of the development will be
appropriately managed. The proposed works will result in future development having a
detrimental visual impact on the surrounding area and are inconsistent with the Noosa Plan.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 67 of 135
Section 68
Page 68 of 135
ATTACHMENT 1
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Page 68 of 135Section 69
Page 69 of 135
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5 1 1 1 96 1 158 2220 34 23 54 olSection 70
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
4 REC16/0014 DEVELOPMENT PERMIT FOR RECONFIGURING A LOT, 1 LOT INTO 11
RESIDENTIAL LOTS, LOCATED AT 28 ELKHORN DRIVE, TEWANTIN
DOCUMENT INFORM AT ION
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development
Index ECM/ Application/ REC16/0014
Attachments 1. Proposal Plan
APPLICATION DETAILS
Applicant Elkhorn Investments (QLD) P/L TTE
Proposal Development Permit to Reconfigure a Lot - 1 lot into 11 residential
lots
Properly Made Date 17 June 2016
Information Request Date 14 July 2016
Information Response Date 2 November 2016
Decision Due Date 19 January 2018 (numerous extensions have occurred)
PROPERTY DETAILS
Property Address 28 Elkhorn Drive, Tewantin
RP Description Lot 70 M 37807
Land Area 12,920m²
Existing Use of Land Dwelling and shed
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Tewantin and Doonan
Zone Detached Housing
Overlays Biodiversity
Natural Hazards – Flood, Bushfire, Acid Sulphate
Assessment Type Code
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting
dated 15 January 2018 regarding Application REC16/0014 for a Preliminary Approval for
Reconfiguration of a Lot (1 into 11 residential lots) situated at 28 Elkhorn Drive, Tewantin and
approve the proposed, granting a Preliminary Approval for Reconfiguring a Lot (1 into 10
residential lots and drainage reserve), subject to the following conditions:
1. The applicant is required to submit a further code assessable application for a
Development Permit for Reconfiguring a Lot complying with the conditions of this
Preliminary Approval.
Page 70 of 135
Section 71
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with the
approved plan no. 15228.1 (Rev. C), prepared by Project Urban dated 31/10/16. The
approved plan must be amended to:
a. Include the area of proposed Lot 11 as “Drainage Reserve” generally in accordance
with the submitted “Proposed Stormwater Layout V2”,
b. Incorporate the indented area in the front of Lots 1 & 2 within these lots;
c. Include dedication of Covenant areas A & B and land behind the existing dwelling
(from the fence line) to the eastern boundary on proposed Lot 9 as conservation park;
d. Include a road reserve width to provide for a cul-de-sac with a circular turning area of
sufficient size (9m minimum radius) to accommodate the single forward motion turn
of a Waste Collection Vehicle (WCV) together with minimum 3.5m wide verge from
the new kerb line to the property boundary adjacent to the cul-de-sac;
e. Where the development is to be staged, a cul-de-sac must be included at the relevant
stage;
f. Maintain the road reserve width of 15m minimum to the common boundary with Lot 6
on RP149498;
g. Include a footpath in the road reserve on the western side of the new road.
New Road
3. The new road (extension of Elkhorn Drive to the adjoining property to the west (No 20
Eagle Drive – Lot 6 RP149498) shown on the Approved Plans must be constructed in
accordance with the conditions of this Decision Notice and dedicated as road reserve at no
cost to Council.
4. The road reserve for the new road through to the adjoining property to the west must be
dedicated with the first stage of the development.
5. The works must be undertaken in accordance with an Operational Works approval and
must include in particular:
a. an “access” road in accordance with Council’s Planning Scheme Policy 5 – Engineer
Design Standards – Roads, Drainage and Earthworks (reserve width of 15 metres
minimum and a carriageway width of 6 metres kerb to kerb)
b. sealing, drainage, kerbing and channelling
c. construction of pedestrian footpaths as shown on the approved plans
d. installation of street lighting
6. The new road must terminate in a cul-de-sac with a circular turning area of sufficient size to
accommodate the single forward motion turn of a Waste Collection Vehicle (WCV) clear of
private driveways on-street parking and speed control devices or if the adjoining property to
the west (No 20 Eagle Drive - Lot 6 RP149498) has been developed or the connecting road
dedicated. The “access” road formation must extend to and match smoothly with the
existing formation within Lot 6 RP149498, whichever is applicable at the time of
construction.
Stormwater Quality
7. Prior to Council accepting water quality treatment device assets “Off Maintenance”, the
applicant must provide Council with a Schedule of Maintenance Costs for all activities
undertaken to maintain the bio retention basins in accordance with the most current version
of Healthy Waterways Bio-retention Basin Maintaining Vegetated Stormwater Assets
Guidelines. The schedule shall include records of actual costs of maintenance work
undertaken.
Page 71 of 135
Section 72
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Stormwater Drainage
8. 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.
9. The development must be designed such that space is allocated for dedicated whole-of-
development stormwater quality/quantity treatment infrastructure and that major and minor
flows from the development are drained to and treated by this infrastructure. The design of
such infrastructure should be in accordance with current best practices, guidelines and the
Noosa Plan, including:
a. State Planning Policy Part E State interest policies and assessment benchmarks
(Water Quality) and Appendix 2 – Stormwater Management Design Objectives;
b. Noosa Plan Planning Scheme Policy 5— Engineering Design Standards – Roads,
Drainage and Earthworks);
c. Australian Rainfall and Runoff Guidelines;
d. Queensland Urban Drainage Manual (including Ch 4 Catchment hydrology, Ch 5
Detention/retention systems and Ch 13 Safety aspects);
e. MUSIC Modelling Guidelines; and
f. Water Sensitive Urban Design Technical Design Guidelines for South East
Queensland, including current versions of updated guidelines such as Bioretention
Technical Design Guidelines
10. If stormwater is to be discharged through an adjacent property, written consent must be
gained from the relevant property owners prior to lodgement of an application for
Operational Works.
Vegetation
11. Existing native trees on the site and in the road verge must be retained in accordance with
an Arborist Report for the development and referenced in a Development Permit for
Operational Works. The existing native trees to be retained must be located clear of
proposed services and generally suitable for the proposed location.
12. Vegetation must only be removed or disturbed in accordance with a Fauna Management
Plan (or part thereof) and endorsed through an Operational Works approval.
Dedication of Land as Reserve
13. The land area described as Covenant A and Covenant B, including the area beyond the
existing fence line to the eastern boundary in Lot 9 must be dedicated to Council as
freehold land as park with the first stage of the development. The land to be dedicated is
“non-trunk infrastructure” for the purposes of the Sustainable Planning Act 2009.
14. A 4.5 metre wide easement for access purposes must be registered against the title of the
property in favour of Council over the land area identified as Lot 9 on the subject site to
provide access to the dedicated park areas.
15. The land area to be dedicated must by unencumbered by services such as pump stations,
services easements or similar operational uses.
Works within Protected Land
16. The following works must be undertaken in the land required to be transferred to Council:
a. Timber Post and rail fencing to any newly created residential lots
b. Removal of any fencing between the park areas required to be dedicated and the
esplanade
Page 72 of 135
Section 73
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
c. Ecological restoration of the park areas required to be dedicated
d. Removal of any structures or foreign debris within the park areas required to be
dedicated
e. Arborist assessment of the trees contained within the park areas required to be
dedicated
The works must be undertaken in accordance with an Operational Works approval.
Landscaping Works
17. 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. Provision of 1 native street tree within the road reserve for every 8 metres of new
road.
b. 100mm deep mulching and landscaping to any batter within road reserves that
exceed 1 in 4 slope (25%).
c. Turf and garden beds to road reserve, including retained trees.
d. Retaining walls within the bio-basin must be constructed or permanently faced with
materials which provide for a natural appearance such as sandstone, bluestone,
granite or the like.
e. Removal of all weeds species listed in the following standards and legislation.
i. declared plants under the Land Protection (Pest and Stock Route Management)
Act 2002 and sub-ordinate Regulation 2003.
ii. The Noosa Local Government Area Pest Management Plan 2015-2019
18. All landscape works must be established and maintained in accordance with horticultural
best practice with construction techniques that allow for healthy, sustained and vigorous
plant growth. All plant material must be allowed to grow to full form.
19. All entry statements, fences, batters, retaining walls and buffer/screen plantings must be
located entirely within private land and not within the public road reserve.
20. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Estate Entrance Feature
21. Any proposed estate entrance feature must:
a. reflect a subdued local character, rather than an overbearing or contrived statement
b. comprise feature vegetation (either existing or planted) in preference to built forms
c. integrate with the landscape design of the balance of the estate
d. be constructed of durable and low maintenance materials
e. be treated with a graffiti resistant coating
f. not restrict pedestrian access
Any estate entrance works must be undertaken in accordance with an Operational Works
approval.
Property Access and Driveways
22. A residential driveway must be constructed to each lot. The works must be undertaken in
accordance with an Operational Works approval.
Page 73 of 135
Section 74
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Pedestrian and Bicycle Facilities
23. 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 a 2 metre
wide footpath within the road verge for the entire length of the new extended Elkhorn Drive.
Electricity and Telecommunication Services
24. Underground reticulated electricity and telecommunication services must be provided to
each lot in accordance with an approval for Operational Works and the standards and
requirements of the relevant service provider.
25. 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.
26. Certification must be submitted to Council from all relevant service providers which certifies
that the development has met the requirements of this Decision Notice and all applicable
legislation at the time of construction.
Easements
27. A private easement for inter-lot drainage purposes must be registered over the stormwater
drainage system (both below ground and overland flows) that conveys stormwater from an
upstream property. The easement must benefit all upstream properties and place the
maintenance responsibilities on the burdened lot. The easements must be a minimum 1.5
metre wide or of sufficient width to wholly encompass the drainage structures and the
associated overland flowpaths.
28. 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.
29. 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.
30. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks
31. All fill and associated batters must be undertaken in accordance with an Operational Works
approval, and contained entirely within the subject site unless written permission from the
respective landowner(s) is provided to Council.
32. Where the development involves excavation or filling over, or adjacent to, drainage, water
supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
provide a freeboard of 100mm above the finished ground surface level.
Damage to Services and Assets
33. 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.
Page 74 of 135
Section 75
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
REPORT
1. PROPOSAL
The applicant originally applied for a Development Permit for 1 into 11 residential lots with access
from Elkhorn Drive. The proposal requires an extension to Elkhorn Drive, where lot sizes vary
from 601m2 to 718m2, apart from Lot 9, which includes the existing dwelling and shed with an
area of 4,249m2. Two (2) covenants are also proposed on the eastern (river) side boundary,
which seeks to exclude development in the riparian buffer and protect the Noosa River. The
applicant proposes to construct the extension to Elkhorn Drive to cul-de-sac standard or through
road, depending on the timing of the development of this site and the site adjoining to the west.
Refer Figure 1 – Proposed reconfiguration and Figure 2 – Subject and adjoining property.
The applicant on 19 October 2017 advised they are agreeable to accepting only a Preliminary
Approval for the proposal to allow the stormwater design to be further designed. This is
discussed further in Section 2.1 of this report.
Figure 1 – Proposed reconfiguration.
Page 75 of 135
Section 76
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Figure 2 – Subject and adjoining property
2. SITE DETAILS
2.1. Background
During the application process the applicant submitted a number of preliminary stormwater
solutions for the site, some of which included significant infrastructure located within the riparian
buffer to the Noosa River; extensive filling of part of the site and a device built into the road
formation in order to drain the site predominantly to the Noosa River. To achieve a satisfactory
stormwater design, the applicant has now proposed:
Lot 11 to be used as a detention basin to address stormwater generally flowing to the east;
and
Proposes to connect to the drainage reserve required for the development of the adjoining
property to the west.
Refer Figure 3 - indicative location of stormwater solution. This will result in a reduction in
the number of lots from 11 to 10 and will require either the adjoining site to be developed and the
required drainage reserve created or alternatively the consent of the adjoining land owner to
discharge stormwater though their land. For this reason, the applicant has advised officers that
they would accept a Preliminary Approval only and amend the plans at a later date to reflect
these changes in order to receive a Development Permit.
Page 76 of 135
Section 77
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Figure 3 – indicative location of stormwater solution
2.2. Site Description
The site is located north and approximately 1 km from the Tewantin town centre on the western
bank of the Noosa River. The site has frontage to Elkhorn Drive of approximately 20 metres and
contains some mature vegetation, with some large cleared areas. The north and south eastern
corners of the site slope towards Noosa River to the east.
2.3. Surrounding Land Uses
The subject site has low density residential development to the north and south. Adjoining to the
west is a recently approved development for 22 residential lots which has been designed to
connect into the subject site.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The State Planning Policy has been deemed by the Minister for Local Government and Planning
as appropriately reflected in the Planning Scheme and therefore does not warrant a separate
assessment.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Page 77 of 135
Section 78
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
Tewantin & Doonan Locality Code
Reconfiguring a Lot Code
Water Sensitive Design Code
Transport, Roads and Drainage Code
Landscaping Code
Waste Management Code
Locality Provisions
The subject site is located in the Tewantin & Doonan Locality and is zoned Detached Housing.
The proposed reconfiguration is consistent within the Locality provisions and the surrounding
residential area and is required to follow a code assessable application process.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of
the assessment against the codes are discussed below.
Proposed lots
All proposed lots achieve the minimum lot size requirement of 600m2 for the Tewantin Locality
and have an average lot size (excluding the large balance lot with the existing dwelling – lot 9) of
632m2. All lots meet the minimum width requirements.
The Biodiversity Overlay for the protection of vegetation applies to a small portion of the south
eastern corner of the site, while the riparian buffer applies to the eastern edge of the property.
The applicant proposes to address the Biodiversity Overlay by proposing two environmental
covenants within Lot 9. While environmental covenants would provide a level of protection for the
riparian buffer and the vegetation located in the south eastern corner, the dedication of this land
to Council for conservation purposes would afford a higher level protection. This dedication is
considered warranted given the importance of the Noosa River and riparian buffers to the river’s
water quality and as a wild life corridor. It is also recommended that a condition require the
inclusion of land behind the existing dwelling, beyond the fence line to the eastern boundary to
be also dedicated as public land/park.
The vegetation includes scattered semi-mature and mature trees comprising mango trees,
Moreton Bay Ash, Blue Gums, Turpentines and garden species. The understory is mown grass.
The supporting documents submitted with the application note that existing vegetation on site
outside the proposed covenant areas will be retained where appropriate.
There are three mature mango trees are located in proximity to the north western corner of the
proposed lot 9. It is likely two of the mango trees will remain in the lot, with one being removed to
facilitate the new road. It should be noted the clearing of orchard tree species is an exempt
activity under the planning scheme provisions for vegetation management and no permit is
required from Council to undertake this activity.
However, it is most likely that works associated with reconfiguration and future development of
the site will result in the removal of a significant amount of the site’s existing native vegetation.
The retention of large mature trees within the lots is not considered feasible nor prudent in area
intended to be developed for standard residential house lots. Some smaller groupings of trees
may be able to be retained within the lots and/or on road reserve. It is also considered the
dedication of the land areas marked Covenant A and B as public land will provide opportunity to
retain large mature trees within a public space and contribute to the ecological values associated
with the Noosa River and its riparian buffer areas.
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Section 79
GENERAL COMMITTEE MEETING AGENDA 15 JANUARY 2018
Road Connectivity
A new road is proposed to connect to future development at the adjacent 20
Eagle Drive (Lot 6 RP149498), ultimately connecting Elkhorn Drive with Eagle Drive. The
resultant connectivity will provide for a continuous route between Elkhorn Drive and Eagle Drive.
This new route will also provide an improved outcome for residents and for services and
emergency vehicles.
However, should the adjoining property not develop at the same time there is no provision
proposed for vehicles, specifically Council’s waste collection vehicle, to turn around. In order to
provide an interim turn-around area amendments are required to the layout.
4. CONSULTATION
4.1. Referral Agencies
No referral to IDAS Referral Agencies were required.
4.2. Other Referrals
The application was forwarded to the following internal Council officers:
Engineering, Development Assessment
Ecologist, Development Assessment
The application was also assessed by an external stormwater consultant on behalf of Council.
Their assessment forms part of this report.
5. CONCLUSION & REASONS FOR DECISION
The proposal is generally compliant with the relevant sections of The Noosa Plan and is situated
in an existing residential area with close proximity to the Tewantin town centre. The lot layout is
generally sensitive to the environmental values on site and subject to some conditions is
responsive to the infrastructure required to service the development.
The request to issue a Preliminary Approval for the proposal is therefore supported.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning, Design
and Delivery
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The text continues on section 80.