Development Permit For Material Change Of Use For Offices, New Community House, Restaurant & Sport And Recreation Uses And Boundary Realignment At 253 & 255 David Low Way And 5-7 Rufous St, Peregian Beach MCU16/0044 / REC16/0009

DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR OFFICES, NEW COMMUNITY HOUSE, RESTAURANT & SPORT AND RECREATION USES AND BOUNDARY REALIGNMENT AT 253 & 255 DAVID LOW WAY AND 5-7 RUFOUS ST, PEREGIAN BEACH MCU16/0044 / REC16/0009

Document information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM / Application / MCU16/0044 & REC16/0009

Attachments	1.	Proposal Plans
2.	Endorsed Master Plan

APPLICATION DETAILS
Applicant	Noosa Shire Council
Proposal	Development Permit for Material Change of Use of Premises - Commercial Business Type 1 Office, Entertainment & Dining Business Type 1 Food & Beverages, Wellbeing Type 2 - Social and Open Space Type 1 Sport & Recreation and Reconfiguring a lot (Boundary realignment)
Properly Made Date	3 May 2016
Decision Due Date	21 July 2016
Number of Submissions	3 objections 1 neutral 2 in support 6 submissions in total

PROPERTY DETAILS
Property Address	253 & 255 David Low Way and 5-7 Rufous St, Peregian Beach
RP Description	Lot 1 SP 215942 Lot 94 SP 137431 Lot 95 SP 137431
Land Area	Lot 1 – 1208m² Lot 94 – 6503m² Lot 95 – 1812m² Total - 9523m²
Existing Use of Land	Lot 1 – Peregian Beach Community House Lot 94 – Vacant; previously the Peregian Beach Bowls Club (buildings demolished) Lot 95 – 35 car spaces and 7 bicycle parking hoops

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Lots 1 & 95  - Community Services Lot 94 – Open Space Recreation
Overlays	Lot 94 - Natural Hazards Overlay-Low Potential Acid Sulfate Soils
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 July 2016 regarding Application No. MCU16/0044 & REC16/ for a Development Permit for Commercial Business Type 1 (Office), Wellbeing Type 2 (Social), Entertainment and Dining Business Type 1 (Food and Beverages), Open Space Type 1 (Sport & recreation) and Reconfiguring a Lot (Boundary realignment) situated at 253 & 255 David Low Way and 5-7 Rufous Street, Peregian Beach and:
A.	Approve the Material Change of Use application (MCU16/0044) in accordance with the following conditions:
MATERIAL CHANGE OF USE CONDITIONS – MCU16/0044
PLANNING
When Conditions must be Complied With
1.	Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
2.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
SD A 1.2		Site Plan, prepared by Sparks Architecture	
SD A 1.2.1		Site Plan  - Stage 1, prepared by Sparks Architecture	
Community House
SD C 1.1		Basement Floor Plan, prepared by Sparks Architecture	
SD C 1.2		Ground Floor Plan, prepared by Sparks Architecture	
SD C 2.1		North Elevation, prepared by Sparks Architecture	
SD C 2.2		East Elevation, prepared by Sparks Architecture	
SD C 2.3		West Elevation, prepared by Sparks Architecture	
SD C 2.4		South Elevation, prepared by Sparks Architecture	
SD C 3.1		Section B, prepared by Sparks Architecture	
SD C 4.1		Perspective, prepared by Sparks Architecture	
Digital Hub
SD B1.1		Ground Floor Plan, prepared by Sparks Architecture	
SD B1.2		First Floor Plan, prepared by Sparks Architecture	
SD B1.3		Roof Plan, prepared by Sparks Architecture	
SD B2.1		North Elevation, prepared by Sparks Architecture	
SD B2.2		East Elevation, prepared by Sparks Architecture	
SD B2.3		South Elevation, prepared by Sparks Architecture	
SD B2.4		West Elevation, prepared by Sparks Architecture	
SD B3.1		North Elevation, prepared by Sparks Architecture	
SD B4.1		Perspective, prepared by Sparks Architecture	
Building Height
3.	The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
Street Identification
4.	The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Building Appearance
5.	All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Nature and Extent of Approved Use
6.	The Entertainment and Dining Business use must not operate outside the hours of:
a.	6am to 10pm Monday to Thursday
b.	6am to Midnight Friday and Saturday
7.	Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 7am to 7pm Monday to Saturday and not at all on Sundays or public holidays.
ENGINEERING
Site Access and Driveway
8.	A sealed access driveway must be provided from Rufous Street to all parking and manoeuvring areas of the development generally in compliance with the approved plans. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a.	a driveway crossover in accordance with IPWEAQ standard drawing SEQ R- 050 and to that grades that prevent vehicles from scraping and/or bottoming whilst also allowing for compliant grades for footpath and pedestrian movements along the footpath and grassed verge without any step or trip hazard
b.	for pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway must comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.
Car Parking
9.	Car parking must be provided within the site generally as shown on the approved plans. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a.	the car parking must be in compliance with the provisions of AS/NZS 2890.1-2004 for user class 2 with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
b.	all car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times
c.	the temporary car park located in the southwest corner of proposed lot 3. This temporary car park (23 spaces) must be constructed prior to the decommissioning of the existing car park in preparation for construction of the digital hub building on proposed Lot 2.
Reinstatement Works
10.	Where required, any redundant driveway must be removed, and the kerb verge area reinstated and landscaped to match the existing kerb and/or verge treatments.  Grassed verge areas to be reinstated must be provided with 100 mm topsoil and turf, and must be maintained by the developer until established. The driveway layback must be saw-cut and removed to allow for a smooth and neat finish with the adjoining kerb.
11.	Any badly damaged kerb and channel along the frontage of the site must be repaired to the reasonable satisfaction of Council’s representative.
Easements
12.	Easements of appropriate width must be created over all stormwater pipelines on the site that convey stormwater flows from adjacent properties.
13.	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.
14.	All easements must be created in accordance with the requirements of planning scheme and granted at no cost to the Grantee.
15.	All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
16.	All earthworks must be carried out in compliance with an Operational Works Development Permit and must be generally in accordance with the approved plan.
17.	All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments, Council’s codes and relevant government regulations and guidelines. Certification must be provided by an RPEQ and submitted to Council prior to the issue of the Certificate of Classification for the building.
18.	The development works must not adversely impact on the stability of the subject site or other properties.
19.	Earthworks and development works carried out on site must not affect the structural integrity of any of the existing fences or structures that border the site.  Fences that are affected must be replaced prior to the Building Certifier issuing the Certificate of Classification.
Stormwater Drainage
20.	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 in compliance with the relevant sections of Queensland Urban Drainage Manual and supported by a detailed stormwater drainage design prepared and certified by a suitably qualified and experienced Registered Professional Civil Engineer. The works must include in particular:
a.	extension of the development site stormwater system to accommodate surface stormwater runoff from any adjoining property that naturally drains through the site or may potentially be affected by the development, including the registration of drainage easements; and
b.	the use of gravity stormwater drainage.
21.	The development of the site must not worsen existing drainage conditions on other properties by diverting stormwater runoff or cause additional stormwater ponding on any other property.
Stormwater Quality
22.	The detail design for the development must incorporate appropriate measures, as recommended and certified by an RPEQ, to limit stormwater runoff from the development in 1 year ARI events to the predevelopment 1 year ARI event.
23.	A stormwater quality treatment system must be provided to treat all stormwater runoff from the development to achieve a 90% reduction in gross pollutants, 80% reduction in Total Suspended Solids, 60% Reduction in Total Phosphorous and 45% reduction in Total Nitrogen compared to if no stormwater quality treatment was provided.
24.	The Stormwater Quality Treatment System provided to the development must be certified by a RPEQ that it has been modelled and designed in accordance with the Water Sensitive Urban Design Technical Design Guidelines (2006), Water By Design Music Modelling Guidelines (2010) (or the Water By Design Deemed to Comply Solutions where relevant). Any bioretention basins to achieve the outcome must be designed in accordance with the Water By Design Bioretention Technical Design Guidelines (2014).  The works must be undertaken in accordance with an operational works approval.
25.	Any water quality treatment devices must become an educational landscape feature of the development and include signage stating what the water quality treatment device is, the pollutants it removes, and the waters it will protect.
26.	All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) - Maintaining Vegetated Stormwater Assets (Version 1).  Records of all maintenance activities undertaken must be kept and made available to Council upon request.
27.	Any proposed Community Management Statement required for the development must include the Water by Design (2009) – Maintaining Vegetated Stormwater Assets (Version 1) document and must include the full cost of maintaining the system in accordance with that document.
Landscaping Works
28.	The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
a.	the works shown on the approved Landscape Concept plan 01 Rufous Street Master Plan – Community Building.
b.	provision of koala food trees to the western portion of the site in accordance with The Noosa Plan Landscape Code
c.	sufficient space and growing media to accommodate an advanced local native canopy tree for every 4 carparks in accordance with the Noosa Plan Landscape Code
d.	all landscaping must be in accordance with Planning Scheme Policy 3 Landscaping Plants and Guidelines and the Noosa Plan Landscape Code
e.	all plant species must be suitable for the local area, consist mainly of local native species and non-local native species must not be invasive species.
f.	vegetated screening of any electrical transformers, bin storage areas and the like from the road frontage
g.	provision of 1 street tree within the road reserve for every 8 metres of road frontage.
29.	All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
30.	All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Treatment of Temporarily Vacant Land
31.	Where some or all of the land remains vacant or undeveloped for more than 3 months, or buildings are demolished and redevelopment is delayed for more than 3 months, the following works must to be carried out:
a.	the site must be cleared of all rubble, debris and demolition materials
b.	the site must be graded to prevent ponding (to the same level as the adjoining footpath wherever practicable), grassed and mown at a minimum 3 weekly intervals
c.	the site must be landscaped with perimeter planting consisting of advanced specimens of fast growing tree species
d.	the site must be maintained to ensure no nuisance to adjacent premises, roads or footpaths
e.	where fencing is installed to secure boundaries:
i.	the fencing must be durable and not capable of being pushed or blown over
ii.	the fencing type must not detract from local amenity (barbed wire is not acceptable)
iii.	vandalism must be promptly repaired and any graffiti removed.
Health
32.	The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
B.	Approve the Reconfiguring a Lot application (REC16/0009) in accordance with the following conditions:
RECONFIGURING A LOT APPROVAL CONDITIONS -  REC16/0009
PLANNING
When Conditions Must Be Complied With
1.	Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
Approved Plans
2.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
54230/A	A	Plan of Development Proposed Boundary realignment between Lots 94 and 95 on SP137431 and Proposed Easements, prepared by Murray & Associates	27/04/16
3.	All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
Boundary Encroachments
4.	Certification must be submitted to Council from a Licensed Surveyor which certifies that:
a.	the setback/s to any new boundaries for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice
b.	all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement
c.	all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement
d.	all retaining walls and structures are fully contained within the lot they retain
e.	any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties
C.	Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
1.	The development meets emerging community needs for co-work spaces and digital industries.
2.	The development provides new start-up, incubation, networking and development opportunities for Noosa business and community uses.
3.	The community based development aligns with the intent of the site’s community zoning and retains significant open space and recreational areas.
4.	The development is consistent with Noosa Council’s adopted Rufous Street Precinct Master Plan.
5.	The development will not adversely impact on existing residential or commercial uses.

REPORT
PROPOSAL
The application seeks approval for an integrated community based development consisting of a digital hub within 2 buildings, a new community house, a small café/restaurant/office, 2 x public amenities, a playground and various sport and recreation uses. Figure 1 below shows an extract of the layout plan. The development is proposed in 2 stages.

Figure 1 –Proposed layout of the Rufous Street Precinct
Digital Hub
The digital hub is proposed within a 2 storey building with different uses between the upper and lower floors.
Lower Floor
The lower floors will consist of co-work spaces with shared facilities and services, meeting rooms, and event spaces. The applicant’s intention is to develop a digital hub which will foster innovative local IT businesses and at the same time help overcome the digital divide. The work spaces will provide low cost work spaces on a permanent, casual, or regular term basis. This provides individuals and/or small start-ups a business space at an affordable rate with networking and mentoring opportunities.
The lower floor of the new building also includes a library kiosk, gallery and access to the training and presentation rooms for education courses, and/or library presentations. The training and presentation room is proposed to be used by the applicant and Industry.
Upper Floor
The intention of the larger office space on the upper floor is for commercial leases to established IT enterprises which can incubate and provide mentorship within the hub. The concept is for the growth start-ups to have larger offices to migrate to rather than moving out of the Shire into larger premises.
Café/restaurant/office
A small separate building is located slightly west of the main digital hub building. Public amenities and a small food and beverage outlet or office space are located within this building.
Existing Community House
The existing Community House will be maintained for community use as part of stage 1. As part of stage 2 the community house will be extended by 115m² and used as part of the digital hub.
New Community House
The larger 465m² community house will form part of stage 2 and incorporates an earth ramp to a green roof and open and covered break out areas with 23 car parking spaces provided on the lower level. The community house will be used similar to the existing building.
Open Space Uses
A playground is proposed as part of Stage 2. Further community consultation will be undertaken to determine appropriate uses for the site.
The Staging of the development is proposed as follows:
Stage 1 includes:
the construction of a 2 storey 612m² (gross floor area) ‘Digital Hub’ office building
a 28m² flexi space to be used as either café/restaurant/office depending on market demand
61 car spaces including 2 disabled spaces
23 temporary car spaces in the south west corner of proposed lot 3
public amenities
the existing community house remains unchanged
It is noted that at the same time of stage 1, 21 additional car spaces are proposed along Rufous Street. Councils Planning and Infrastructure Department is progressing this project, with the works outside the scope of this application.
Figure 2 below shows stage 1, Figure 3 a 3D perspective of the new digital hub building and Figure 4 the digital hub layout.

Figure 2 – Stage 1 layout

Figure 3 – View of the digital hub from David Low Way proposed as part of stage 1.

Figure 4 – Floor layout of the new digital hub building
Stage 2 includes the following:
the construction of a new 465m² Community House and 23 associated car parks - sited in the south west corner of proposed lot 3 near the common boundary with the tennis courts (stage 1 temporary car park removed)
the conversion of the existing community house to office spaces for IT enterprise plus a 115m² extension (389m² gross floor area)
a 2nd public amenities block sited near the new Community House
a playground
The final layout is shown in Figure 1. Figures 5 and 6 below show a 3D perspective of the new Community House, the elevation facing Rufous Street and floor plans.

Figure 5 – View of the community house looking south from the park.

Figure 6 – Floor layout and elevation
Boundary realignment
The application also seeks approval to realign the boundary between existing Lots 94 & 95 to reflect the proposed layout. The boundary realignment allows the digital hub and associated car parking to be contained within proposed Lot 2 with various easements for access and services as shown below in Figure 7.

Figure 7 – location of the proposed boundary
The application is before Council as Commercial Business Type 1 – Office and Entertainment and Dining Business Type 1 – Food and Beverage (where not associated with a community use) which are both inconsistent uses within the Community Services zone (the lots fronting David Low Way).
site details
Background
Lot 1 SP 215942 - 255 David Low Way
On 25 August 2008 Council approved 132008.310 for Material Change of Use for Wellbeing Type 2 – Social (Peregian Beach Community House). Construction was completed in late 2009.

Lot 95 SP137431 - 253 David Low Way
On 11 March 2010 Council approved 132009.1512 for Material Change of Use for Transport Type 2 – Carpark. This approved 33 car spaces and 8 motor cycle spaces (equivalent to 35 spaces). The car park services the adjoining Community House which requires 19 spaces and the balance of the spaces are provided for public parking.

Lot 94 SP137431 – 5-7 Rufous Street
The Peregian Beach Bowls Club was sited on this lot, which Council purchased in 2014 and demolished the buildings for health and safety reasons.

In November 2013 staff recommended refusal for Commercial Business Type 1, Entertainment and Dining Business Type 2 and Retail Business Type 2 for an Integrated Shopping Complex on lot 94. The applicant enacted a Deemed Refusal under the Sustainable Planning Act 2009 and appealed the decision. The applicant subsequently discontinued the appeal in May 2015.

Rufous Street Precinct Master Plan
Council adopted a Rufous Street Precinct Master Plan on 10 March 2016. The resolution reads:
That Council note the report by the Director Community Services to the Infrastructure & Services Committee Meeting dated 1 March 2016 on the Rufous Street Precinct Master Plan and:
A.	Approve the Rufous St Precinct Master Plan as set out in Attachments 1, 2 and 3 of the Report;
B.	Agree to provide owners consent for a Development Application for a Material Change of Use to be lodged over Council owned lot 94 on SP 137431, Lot 1 on SP 215942 and Lot 95 on SP 137431 in the Rufous St Precinct;
C.	Request the CEO to prepare a Development Application over the site in accordance with the Master Plan; and
D.	Include the Master Plan in any future planning provisions for the area.
The Rufous Street Precinct Master Plan (RSPMP) is included as Attachment 2. The RSPMP was prepared through an extensive consultation process with the Peregian Beach community and interested participants between May 2015 and January 2016.
The current application proposes to realise the majority of the RSPMP, except for the upgrade of and the additional public car parking along Rufous Street, which is not part of this application but a current project of Council’s Planning and Infrastructure Department. The timing of the upgrade is expected to be delivered prior to Stage 1.
The submitted development layout reflects the Council endorsed Rufous Street Precinct Master Plan.
Site Description
The lots have frontage to David Low Way to the east, Woodland Drive to the north and Rufous Street to the west. The existing Peregian Beach Community House is located within lot 1 and a car park servicing the Community House on lot 95. Lot 94 is currently vacant but was previously used by the Peregian Beach Bowls Club and beach volley courts.
Gardens surround the existing Peregian Beach Community House, with landscaping within the car parking adjacent. No significant vegetation exists on-site.
The sites are generally level with a slight slope to the west, except for the south western corner where there is a short steep slope to the boundary.  Figure 8 shows the site and the surrounding land uses.

Figure 8 – Locality plan and surrounding land uses
Surrounding Land Uses
To the north across Woodland Drive and to the east across David Low Way are residential uses. To the west is a Telstra building, Vegie Village, a recreation oval and Noosa National Park. To the south along Rufous Street are the tennis courts, Peregian Beach Community Kindergarten and pedestrian access to David Low Way. To the south along David Low Way the site adjoins an office complex. Further along the western side of David Low Way are a few residential uses, the Peregian Beach Hotel and the new IGA shopping complex. Approximately 200m to the south on the eastern side of David Low Way is the Peregian Beach Village.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
State Planning Policies
The proposal is consistent with State Planning Policies.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
South East Queensland Koala Conservation State Planning Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ Regional Plan Regulatory Provisions.
The site is within a Koala assessable development area and as the development’s footprint is greater than 500m² the application must be assessed against Column 2 of Table 7 - Development that is in a Koala Assessable Development Area. The development complies with Column 2 because the development is not clearing any non-juvenile koala habitat trees, the site is designated a Low Value Rehabilitation area and koala food trees may be provided as part of the sites landscaping.
Statutory Instruments – Planning Scheme
The subject site is located in the Eastern Beaches Locality and is zoned Community Services and Open Space Recreation.
Commercial Business Type 1 – Office and Entertainment and Dining Business Type 1 – Food and Beverage (where not associated with a community use) are both inconsistent uses within the Community Services zone (the lots fronting David Low Way) and are required to follow an impact assessable application process.
Notwithstanding this, there are some further statements in the planning scheme which suggest professional offices are envisaged along the western side of David Low Way between Woodland Drive and the Peregian Beach Caravan Park or at least up to 253 David Low Way, which includes the Council’s car park site.
The proposed Wellbeing Type - Social (community house) is a consistent use within the Open Space Recreation zone.
Eastern Beaches Locality Code Provisions
The Eastern Beaches Locality Code seeks the following Outcomes for the Community Services zone:
7.8.2 w) 	For the Community Services Zone—
i 	is protected and managed to enable the efficient and timely delivery of community and infrastructure uses; and
ii 	provides for the infrastructure, indoor recreation, education, social and safety needs of the local community, including people with special needs, such as the elderly, children, low income earners and disabled persons;
The Overall Outcomes for the Community Services zone does not provide any real support for a typical commercial office development in the zone. The applicant must therefore demonstrate sufficient need and grounds to support the inconsistent use within the zone. Need for a development is commonly recognised as relating to community wellbeing and it may be said a development meets need if, on balance, it improves community wellbeing. Wellbeing may be improved by access to new services or facilities or a range of other ways. The applicant provided an Economic Needs Analysis identifying grounds for support. The Economic Needs Analysis suggests:
the digital hub is an emerging model outside the traditional office environment model
changes in population that Peregian Beach services (mostly from outside the Shire boundaries) is placing additional demand on the infrastructure, facilities and services in the village and Peregian Beach’s catchment population has increased from 2006 to 2013 by 65% and estimated to increase by 140% by 2021. Based on this growth and the pressures on infrastructure and services caused by this growth, the development is supportable.
the development recognises a changing need
the development will help address existing and future demand for office floor space in Peregian Beach
the digital hub will service existing IT enterprises looking to expand in Peregian Beach
the digital hub will provide for visitors that require temporary office accommodation
the development will provide local employment opportunities not reliant on the tourism cycle
The Economic Needs Analysis justification is agreed with in part though need for the additional office space is not considered a primary ground for support.
The applicant provided the following further grounds to support the development despite the conflict with the Planning Scheme:
significant community benefit in providing for start up business opportunities in the Peregian Beach Locality at reduced cost in a location that will be able to be connected to high speed infrastructure (NBN);
significant need for additional commercial office space in the Peregian Beach Locality having regard to the expected growth in the area, which extends beyond the planning scheme area, while not having a significant impact upon the development of the Shire Business Centre;
significant community benefit in providing other community facilities such as a new Peregian Beach Community House and a substantial amount of landscaped open space as part of an integrated development; and
the proposed development is entirely consistent with the Rufous Street Master Plan, which has been adopted by the Council and is to inform the new planning scheme.
The grounds to allow the use identified by the applicant are broadly supported. The proposal being Council owned will also benefit the community and align with the intent of the Community Services zone as it will provide an affordable ‘innovation type centre’ for start-up businesses. The digital hub supports the community with low cost co-work spaces combined with traditional community services such as the library kiosk, training and presentation rooms. The applicant anticipates cost recovery only, enabling affordability, and most importantly, the development to remain a community asset.
The 28m² café is intended to provide a social meeting point for the digital hub, community house and associated open space uses and will be complementary and ancillary to the proposed uses.
The subject site could also be seen as a natural extension of office uses along David Low Way which are consistent with The Noosa Plan. The digital hub is compatible with the surrounding area in terms of amenity and environment, given the nature of the use. The building is well designed and maximises natural light and ventilation meeting the built form requirements of the Planning Scheme.
Open Space Uses
The site plan indicates a playground and natural amphitheater on proposed Lot 3. No further detail has been provided but it is the intention of the applicant to undertake further community consultation to establish the most appropriate open space uses for the site. All Open Space uses are consistent on proposed Lot 3 and therefore raise no concerns.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Community Uses Code
Landscaping Code
Engineering Works Code
The application has been assessed against each of the above applicable codes. The development broadly complies with the provision of the Codes. The pertinent matters arising out of the assessment against the codes are discussed below:
Landscaping
The applicant has provided a preliminary landscaping plan. Shade trees and gardens are proposed throughout the car parking areas and substantial landscaped open space throughout proposed Lot 3. The development incorporates permeable surfaces for car spaces. Landscaping is provided within the front 6m setback except adjacent the disabled car space and 2 other car spaces. A condition is recommended to ensure landscaping is provided between the car spaces and the David Low Way boundary.
Traffic
The applicant has provided an ‘Assessment of Traffic Impacts at the Woodlands Drive / David Low Way Intersection’, prepared by Holland Traffic Consulting. The assessment used traffic flows nearby being a 2009 and a May 2015 count at the Heron Street roundabout and September 2015 count at the intersection of Woodland Drive / David Low Way. The assessment also allowed for future traffic growth of 1% per annum to 2036. The assessment concludes the Woodland Drive / David Low Way intersection has sufficient capacity to operate at peak times when the development is fully operational.
Car Parking
Table 1 below provides an analysis of existing and proposed car parking for the development.
Use	Planning Scheme	Proposal	Complies
Existing Development	19 spaces	35 existing spaces	

Stage 1 Digital Hub 612m² Café 28m² existing Community House	30 spaces 2 spaces 19 spaces 51 spaces total	61 spaces plus 23 temporary	
Stage 2 Digital Hub Café New Community House	49 spaces 2 spaces 23 spaces 74 spaces total	84 spaces	
Stage 1 and the final development provide 10 spaces in excess of the Planning Scheme requirements.
It is important to note that, as part of the Rufous Street Precinct Master Plan, approximately 79 car spaces will be provided within Rufous Street and pocket parking areas off Rufous Street, with 21 car spaces delivered with Stage 1. The final number of car spaces in the precinct is envisaged to be approximately 163 car spaces.
Stormwater
The applicant provided a stormwater management plan which uses a combination of bioretention, pits and pipes for stormwater treatment and quantity management. The stormwater management plan meets the provisions of the Water Sensitive Design Code. Conditions are recommended to ensure all water quality objectives are met with best practice design.
Boundary realignment
The proposed lot sizes are:
Lot 1- 1208m² (remains unchanged)
Lot 2 – 2824m²
Lot 3 - 5490
The Planning Scheme does not provide a minimum lot size for land in the Open Space Recreation or Community Services zones. Where no minimum lot size applies, it should be demonstrated the land is of sufficient size to accommodate the proposed use. The proposal reflects the uses on-site and the lots are sufficiently sized to accommodate those.
It is important to note that Lot 3 has 88% open space area equivalent to 4831m², plus the covered outdoor area directly associated with the building providing a significant area for further open spaces uses.
Overlay Provisions
The site is affected by the Low Potential Acid Sulfate Soils Overlay. The Overlay Code is triggered when 100m³ or more is excavated at or below 5m AHD. The new Community House requires some minor excavation but it is unlikely to disturb acid sulfate soils as the lower finished floor level is 6.7m AHD and above the critical 5m AHD of the Code.
cONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Concurrence
Department of Infrastructure, Local Government and Planning
The Department is a concurrence agency for Contaminated Land being for Unexploded Ordinance and has provided conditions to be attached to any approval to ensure the safety of people and property.
Other Referrals
The application was forwarded to internal Council specialists:
Engineering Officer
Health Officer
Community Services Officer
Ecologist
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. Six (6) properly made submissions were received, 3 objecting, 1 neutral and 2 in support. The following table provides a summary and assessment of the issues raised by submitters.
Submissions Objecting
Issues	Comments
No good reason to move the existing community house to a hard to find location off Rufous Street. The existing community house is well located near a bus stop and public amenities	The proposal will provide signage and new pedestrian access to the facilities. New amenities will be provided in 2 locations, at the new digital hub near the bus stop and at the new community house, near vegie village.
The digital hub is a large dominating building	The 2 storey digital hub is of residential scale and similar in bulk to the neighbouring office building.
The development will create traffic problems	A specialist assessment of traffic impacts of the development concluded the Woodland Drive / David Low Way intersection has sufficient capacity to operate when the development is fully operational.
Changing sport and recreation land to commercial uses will set a precedent.	Every development application must be assessed on its merits. The digital hub is proposed to be located within the existing car park adjoining an office building. The new community house is a consistent use in the open space zone.
The proposal is reducing the car parking numbers	The development is providing 10 car spaces on-site in excess to that required by the Planning Scheme.
The new community house is smaller than the existing community house.	The existing community house is around 385m². The new community house is 465m², being 85m² larger than the existing community house.
Submission objecting - from Peregian Beach Business Association Inc.
The development is in conflict with the outcomes of The Noosa Plan specially the Neighbourhood Centre zone. It will negatively impact the focal point being the existing Peregian Beach Neighbourhood Centre.	The conflict has been addressed in this report. The submitted Economic Needs Analysis concludes the proposal will not negatively impact on the neighbourhood centre.
Commercial businesses are inconsistent in the Community Services zone and insufficient grounds have been provided to override the planning scheme.	Agree in part. The Planning Scheme allows offices along the western side of David Low Way from 215 to 253 David Low Way. Statements in the Planning Scheme also envisage between Woodland Drive and the former Peregian Beach Caravan Park including 253 David Low Way where the digital hub is proposed. Sufficient grounds to support the application are provided in this report.
The location of the offices further fragments and negatively impacts on the neighbourhood centre.	Office uses already exist adjoining the digital hub and are permitted in the Semi-Attached Housing zone along the western side of David Low Way outside the neighbourhood centre. The development could be seen as a progression of the permitted adjoining office uses. The submitted Economic Needs Analysis concludes the proposal will not negatively impact on the neighbourhood centre.
The submitted planning report attempts to justify the commercial use being appropriate due to the new community house building and open space provided.	This office use within the Community services zone has been addressed in this report. The Noosa Plan allows offices at 253 David Low Way.
The use of publically owned land in the Community Services and Open Space Recreation zones for office space is not supported.	The proposal incorporates a community based digital hub and community infrastructure which aligns with the intent of the Community Services zone.
The proposal does not meet the car parking demands of the development and existing users and detrimentally impacts on the existing neighbourhood centres’ function.	The proposal is providing 10 car spaces in addition to the requirements of The Noosa Plan and therefore complies with the Planning Scheme.
Parking at Peregian Village is nearly at capacity and is reliant on existing car parking on-site. The developments’ car parking should be publically available.	The proposal is providing 10 car spaces in addition to the requirements of The Noosa Plan and therefore complies with the Planning Scheme. Council will also be providing additional car spaces for external users though these spaces do not form part of this application. Notwithstanding this, overall approximately 163 spaces are proposed by the Master Plan. This exceeds the Planning Scheme requirement of 74 spaces and the existing parking provision in the area of 35 spaces on-site and approximately 32 off site.
The existing car park is used for overflow from Peregian Village. The proposal does not detail how this overflow will be catered for on-site.	The car parking provides excess car spaces than that required by The Noosa Plan.
The submitter’s traffic report indicates additional parking measures are required to ensure the development does not impact on the surrounding area. Additional car parking should be provided during construction of Stage 1, public parking post development and the office car park redesigned to increase car spaces.	23 temporary car spaces will be provided prior to the start of construction of Stage 1. The application is for development within the site and not for public carparking external to the site. Redesign of the off street parking areas could increase parking on-site, but this is not necessary to meet the Planning Scheme parking provisions.
‘The provision of car parking on-site for the use and the community was raised as part of submissions to the Draft Master Plan and is not considered to have provided sufficient car parking for the proposed use or surrounding commercial areas’.	The car parking meets the provisions of The Noosa Plan for the proposed uses on-site. Providing parking on-site for surrounding commercial uses is not part of this application. Council will also be providing additional car spaces for external users though these spaces do not form part of this application.
The current car parking is highly visible from David Low Way and is utilised for overflow parking. The proposal reduces the  visibility of this parking and lead to additional parking pressure	The Noosa Plan discourages car parking fronting streets. The digital hub is a well-designed building adding positively to the streetscape. Council’s intention is to provide appropriate signage to car parking for the proposed uses.
‘The potential reduction in publically available carparking as a result of the proposal is considered short sighted and does not consider the future carparking demands of the area’.	Public car parking does not form part of this application. Notwithstanding the above, the Rufous Street Precinct Master Plan indicates an overall increase in car spaces.
Neutral Submission
Issues	Comments
No detail is provided as to the finish and or uses near the southern side of the new community house.	The community house is setback 3m from the tennis court boundary and sufficiently from the nearest residential use. The applicant’s intention is for further community consultation for the utilisation of the open space land. Adjoining residential amenity will be maintained with appropriate landscaping.
Supporting Submissions
Issues	Comments
Submission in support from Peregian Beach Community House Inc.
The Peregian Beach Community House Inc. generally supports the development. The committee appreciates the retention of a significant open and green space for recreational activities and a good balance has been achieved with the Master Plan.
The committee requests further consultation on the detailed layout, fixtures and fittings in the new community house.	The detailed layout, fixtures and fitting is beyond the scope of this application. It is the intention of Council to engage with the Peregian Beach Community House Inc.to provide the best possible design for the community house.
Submission in support from Peregian Beach Community Association (PBCAI)
The submission states: ‘Peregian Beach Community Association Inc (PBCAI) supports the Noosa Council MCU application because it reflects significant community consultation in which we were involved’. ‘The plans submitted with the MCU application are a marked improvement on the plans discussed at the beginning of the consultation process and show the benefit of community consultation’.
The PBCAI supports the increase in parking to assist the businesses of the village. The new amenities will benefit veggie village and the up-grading of the pedestrian crossing across David Low Way are requested to be a priority.
conclusion
The new Community House and open space uses are consistent within the Open Space Recreation zone. While The Noosa Plan identifies commercial offices as inconsistent in the Community Services zone, the proposal incorporates a community based digital hub and community infrastructure which aligns with the intent of the Community Services zone.
The proposal also reflects the Rufous Street Precinct Master Plan which was subject to extensive community consultation between May 2015 and January 2016 and adopted by Council on 10 March 2016.
The following are considered grounds to overcome the developments’ conflict with the Planning Scheme:
1.	The development meets emerging community needs for co-work spaces and digital industries.
2.	The development provides new start-up, incubation, networking and development opportunities for Noosa business and community uses.
3.	The community based development aligns with the intent of the site’s community zoning and retains significant open space and recreational areas.
4.	The development is consistent with Noosa Council’s adopted Rufous Street Precinct Master Plan.
5.	The development will not adversely impact on existing residential or commercial uses.
The application is recommended for approval, subject to approval.
Departments/Sections Consulted:

	Chief Executive Officer	X	Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	X	Planning & Infrastructure		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Infrastructure Planning & Design		
	Governance		Planning & Environment		
	Human Resources		Strategic Land Use Planning		
	Sustainability				

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 JULY 2016

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT

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