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2021-02-09 Planning and Environment Committee Meeting Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 9 February 2021
commencing at 9.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart, Tom Wegener
“Noosa Shire – different by nature”
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Full text of sections 2 to 87 (of 98)
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 PRESENTATIONS 3
4 DEPUTATIONS 3
5 REPORTS FOR CONSIDERATION OF THE COMMITTEE 4
1 MCU20/0103 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF
USE FOR SHOP AND SHORT TERM ACCOMMODATION AT 13 NOOSA DRIVE,
NOOSA HEADS 4
2 MCU20/0115 - APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT
TERM ACCOMMODATION AT 3 ROBERT STREET, NOOSAVILLE 35
3 MCU18/0009.03 - OTHER CHANGE TO DEVELOPMENT APPROVAL FOR
MATERIAL CHANGE OF USE - MULTIPLE HOUSING –TYPE 3 RETIREMENT &
SPECIAL NEEDS AT 186 COOROY-NOOSA ROAD & 4 CARRAMAR ST,
TEWANTIN 52
4 MCU20/0090 - PLANNING & ENVIRONMENT COURT APPEAL NO D12 OF 2021
– APPLICATION FOR AN EXTENSION TO SHOP/HIRE AND STORAGE
BUILDING AT JETTY 256 GYMPIE TCE, NOOSAVILLE 65
5 MCU18/0166 – PLANNING & ENVIRONMENT COURT APPEAL NO. BD897 OF
2020 – REFUSAL OF AN APPLICATION FOR SERVICE & UTILITY TYPE 3
(TOWER) AT 244 TABLELANDS RD, COORAN 67
6 DRAFT BUSHLAND RESERVE STRATEGIC MANAGEMENT PLANS 76
6 REPORTS FOR NOTING BY THE COMMITTEE 82
7 DEVELOPMENT ASSESSMENT FEES & CHARGES VARIATIONS FOR 1 JULY
TO 31 DECEMBER 2020 82
8 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY 88
7 CLOSED SESSION 98
Page 2 of 98
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Planning & Environment Committee Meeting held on 8 December 2020 be
received and confirmed.
3 PRESENTATIONS
Nil.
4 DEPUTATIONS
Nil.
Page 3 of 98
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
5 REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU20/0103 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
SHOP AND SHORT TERM ACCOMMODATION AT 13 NOOSA DRIVE, NOOSA HEADS
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development Department
Index ECM / Application/ MCU20/0103
Attachments 1. Infrastructure Agreement (signed by the applicant)
APPLICATION DETAILS
Applicant Nick Van De Merwe
Proposal Material Change of Use – Shop and Short-term accommodation
Properly Made Date 1 October 2020
Information Request Date 19 October 2020
Information Response Date 3 December 2020
Decision Due Date 4 March 2021
Number of Submissions Nil
PROPERTY DETAILS
Property Address 13 Noosa Dr Noosa Heads Qld 4567
RP Description Lot 5 RP 91777
Land Area 417 m²
Existing Use of Land Shop
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosa Heads
Zone Visitor Accommodation Zone (Hastings Street Mixed Use Precinct)
Overlays Flood Hazard overlay
Acid Sulfate Soils overlay
Bushfire Hazard overlay (Potential impact buffer)
Assessment Type Impact
Page 4 of 98
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee
Meeting dated 9 February 2021 regarding Application No. MCU20/0103 for a Development Permit
for Material Change of Use – Shop and Short-term accommodation (1 unit) situated at 13 Noosa
Drive, Noosa Heads and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the use
continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
CD-D01 C Ground Floor Plan, prepared by Andrew Bock November 2020
Architecture
CD-D02 C Upper Floor Plan, prepared by Andrew Bock March 2020
Architecture
CD-D03 C Roof Garden Plan, prepared by Andrew Bock March 2020
Architecture
CD-D04 C Roof Plan, prepared by Andrew Bock Architecture March 2020
CD-E01 C Elevations (north & west), prepared by Andrew Bock November 2020
Architecture
CD-E02 - South and East Elevations, prepared by Andrew Bock November 2020
Architecture
CD-F01 B Sections, prepared by Andrew Bock Architecture November 2020
CD-F02 C Sections, prepared by Andrew Bock Architecture November 2020
Render of front building facade -
SD-1 B Landscape Plan – Ground floor prepared by Project 04/12/2020
Urban
SD-2 B Landscape Design Intent prepared by Project Urban 04/12/2020
SD-3 B Indicative Planting Palette prepared by Project Urban 04/12/2020
- - Arboricultural Report and Tree Protection Undated
Methodology / Plan 13 Noosa Drive Noosa Heads (Inspection dates
prepared by Australian Tree Contractors & 15/10/2020
Arboricultural Consultants P/L 30/11/2020)
3. The Approved Plans must be amended to incorporate the amendments listed within this
Decision Notice and resubmitted to Council prior to the issue of any Development Permit
for Operational Works.
Page 5 of 98
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Nature and Extent of Approved Use
4. The approved shop must not operate outside the hours of 6am to 10pm, 7 days a week.
5. The use area for the shop as defined by Noosa Plan is limited to 150m2 only.
Currency Period
6. This development approval lapses if the use has not happened by 18 February 2027
unless an application to extend the currency period is approved by Council.
Building Height
7. The maximum height of the development must not exceed 12 metres above the finished
ground level and the natural ground level.
8. Certification must be submitted to Council from a Licensed Surveyor which certifies that
the building does not exceed the maximum height requirement of this Decision Notice.
Site cover
9. Site cover of the development must not exceed 45%. Amended plans are required to be
submitted demonstrating compliance prior to the issue of any Development Permit for
Operational Works.
Performance Bond
10. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000
must be submitted to Council, to secure performance of all conditions of this approval,
prior to the issue of a Development Permit for Operational Works The cash bond or
trading bank guarantee will be returned on performance of the conditions of approval
less any costs incurred by Council in respect of enforcing performance of this permit.
Council reserves the right to call upon the bond or guaranteed sum to effect compliance
with conditions.
Site Access and Driveways
11. A sealed access driveway must be provided from Noosa Drive to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance
with an Operational Works approval and must include in particular a driveway generally
in accordance with drawing number P04 revision A prepared by 360 Civil Consulting
dated September 2020 and include a clear delineation of the disabled access area
Car Parking
12. A minimum of 1 car parking space and 2 scooter spaces must be provided and marked
on the site. The works must be undertaken in accordance with an Operational Works
approval and must have dimensions, crossfalls and gradients in accordance with
Australian Standard AS2890.1:2004 Parking Facilities.
13. The applicant must comply with the requirements of any infrastructure agreement
entered into with the Council with respect to the payment of car parking contributions
(and provision of onsite carparks and car parking within the road reserve) in relation to
the proposed development. In addition to Condition 12, in the event that the above does
not apply a minimum of 8 car parking spaces must be provided and marked on the site
and made available and accessible at all times while the use is open for business.
Page 6 of 98
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Bicycle facilities
14. A bicycle rack to accommodate a minimum of 2 bicycles must be provided for all users
of the site and be accessible at all times.
Building Appearance
15. Ground floor shopfront glazing along the Noosa Drive frontage must be fully transparent
to a minimum of 50% of the street frontage to allow passive surveillance and encourage
social interaction, and must be provided at full height (floor to ceiling).
16. Any security screens on the premises consist of grille or translucent screens and not
solid shutters, screens or roller-doors.
17. All mechanical equipment and other service infrastructure located on the site must be:
a. located not less than 2 metres from a property boundary
b. fully enclosed or screened such that they are not visible from the street frontages
nor adjoining properties. Where screened by landscaping, landscaping beds must
be at least 1.5 metres wide.
18. No part of the site may be used for outdoor storage of materials unless specified on the
Approved Plans or the conditions of this Decision Notice.
19. The external finish of the building must be finished with a mix of materials as generally
shown on the approved plans.
20. Roof materials must be non-reflective and designed with colours and styles to minimise
the visual impact of the development.
21. The wall on the southern boundary must be finished with a mix of materials, tones and
textures so as to minimise the appearance of the wall to the adjoining property.
Street Identification
22. 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.
Retaining wall and stairs
23. The retaining wall on the front boundary must not exceed the height relative to natural
ground as shown on the approved plans. The retaining wall must be constructed of
natural materials such as stones/stone cladding that is consistent with the Noosa Drive
streetscape.
24. The stairs at the front of the site must be constructed from natural look materials such
as stone or timber that is consistent with the Noosa Drive streetscape.
Landscaping Works
25. The development site must be landscaped and generally in accordance with the concept
landscaping plans incorporating the amendments as listed below. The works must be
undertaken in accordance with an Operational Works approval and the Noosa Plan 2020
Planning Scheme Policy 2 Landscaping for the coastal area. The works shown on the
approved Landscape plans must include the following amendments:
a) Replacement of the Kangaroo Paw with a suitable local native species;
b) Location of the Pandanus to be positioned in a manner that does not intrude into
public spaces when mature, to minimise fruit and frond drop in public areas,
alternatively a substituted local native species suitable for the location;
c) Ensure the disability access ramp is free of landscaping items and provides
unhindered access;
Page 7 of 98
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
d) No incorporation of artificial grass; and
e) Detail of the front interface of the retaining structures to the path along Noosa
Drive, including any location of any above ground services.
26. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures healthy,
sustained and vigorous plant growth. All plant material must be allowed to grow to full
form and be refurbished when its life expectancy is reached.
Retention of Existing Trees
27. Trees identified for retention, as shown on the Tree SRZ Layout Plan, Drawing No. P07,
Issue A, prepared by 360 Civil Consulting and dated September 2020, must be retained.
28. All works must be carried out generally in accordance with section Tree Protection
Methodology of the Arboricultural Report and Tree Protection Methodology / Plan report
listed within this Decision Notice, with the following amendments incorporated into the
document:
a) Inclusion of a plan clearly numbering the trees in accordance with Tree SRZ Layout
Plan, Drawing No. P07, Issue A, prepared by 360 Civil Consulting and dated
September 2020;
b) Details of the construction methodologies and tree protection measures to be
engaged during the construction of the retaining walls and stairway to the south
eastern portion of the lot;
c) Details of the constructions methodologies to be engaged for the laying of the water
detention cells in the tree protection zones;
d) Details of the construction methodologies to be engaged for the decommissioning
of the retaining wall and re-landscaping to the frontage around the Melaleuca; and
e) Details of the methods to be engaged during the demolition of the existing
development.
29. The report as referenced in Condition 28, must be resubmitted to Council incorporating
the above amendments prior to the issue of any Development Permit for Operational
Works or Permit for Demolition Works.
External Works
30. Noosa Drive must be upgraded for the length of its frontage to the subject site. The
works must be undertaken in accordance with an Operational Works approval and must
include the upgrade of the existing footpath for site’s frontage to Noosa Drive for the full
width between the kerb and the front boundary of the site. The pathway must be
constructed with granite pavers to match existing granite pavers in the general vicinity of
the site (Hastings St/Noosa Drive).
This condition is imposed pursuant to s128 of the Planning Act 2016 being necessary
trunk infrastructure identified by Council’s LGIP to service the development.
Stormwater Drainage
31. Stormwater runoff from the development must be disposed of on-site without causing
scour or damage to the subject site or any adjoining property. The works must be
undertaken in accordance with an Operational Works approval and be generally in
accordance with drawing number P06 prepared by 360 Civil Consulting dated September
2020.
Page 8 of 98
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Services
32. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
33. Certification must be submitted to Council from all relevant service providers (Energex,
NBN and Unitywater) which certifies that the development has met the requirements of
this Decision Notice and all applicable legislation at the time of construction.
Easements
34. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.
35. All easements must be designed in accordance with the planning scheme and granted
at no cost to the Grantee. Where the Grantee is Council or a service authority, the
easement documentation must be in accordance with the Grantee’s standard easement
terms. Draft easement documentation must be submitted to Council for endorsement.
36. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
37. All fill and associated retaining walls must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council. All
earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
38. 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
39. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a) where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b) where otherwise, upon completion of the works associated with the development.
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.
Preparation of a Preliminary Construction Management Plan
40. A preliminary Construction Management Plan must be submitted with the Operational
Works application and must address the following:
a) traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction
ii. maintenance of safe pedestrian access for the areas affected by the works
during and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of the
development
Page 9 of 98
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
iv. approval of the Traffic Management Control Plan by the Department of
Transport and Main Roads (DTMR) for any works on State controlled roads
v. provision for worker car parking
b) maintenance and protection of water quality and existing drainage lines through
the construction site, through the implementation of appropriate erosion and
sediment control measures;
c) works programme identifying key components of the works and their respective
durations;
d) establishment of a communication protocol with the general public, adjoining
owners, emergency services and local businesses to advise of agreed construction
times, impacts on traffic, services and other relevant issues;
e) a post out to the local residents and businesses prior to the pre-start meeting
advising of the site contact details and the potential for off-site impacts during the
developments construction. The post out must:
i. include a copy of the architectural approved plans;
ii. include plans that show any impacts on the road network;
iii. be distributed to all businesses and residences in the area bounded by:
adjoining property; and
Halse Lodge (Lot 2 RP865533)
Written confirmation of the post out must be submitted to Council a minimum of 5
days prior to the pre-start meeting.
f) include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details;
g) identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
h) details on the location of external fill/dump sites, the haulage route, type of vehicle
to be utilised during operations and frequency of usage. NB any damage to the
existing road system as a result of haulage operations shall be fully repaired at the
applicant’s expense;
i) it is acknowledged that the preliminary Construction Management Plan will be a
draft document requiring finalisation upon appointment of the Principal Contractor
employed to construct the works and a final document will be required to be
submitted at the Pre-Start Meeting for the project.
Page 10 of 98
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
DEMOLITION
Performance Bond
41. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted to Council’s Building and Plumbing Services prior to the issue of a
Development Permit for Building Works for demolition, to secure the demolition
conditions of this approval. The cash bond or trading bank guarantee will be returned on
performance of the demolition conditions of this approval less any costs incurred by
Council in respect of enforcing performance of these demolition conditions. Council
reserves the right to call upon the bond or guaranteed sum to effect compliance with
conditions.
Works
42. Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-
borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other
emissions in accordance with the nuisance provisions of the Environmental Protection
Act 1994.
Waste management
43. A Waste Management Plan (demolition) must be submitted in accordance with Planning
Scheme Policy PSP10 - Waste Management and approved by Council’s Waste
Coordinator prior to issue of a development permit for Building Works for demolition,
removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for
the effective reuse and recycling of such materials. Segregated wastes attract
significantly reduced disposal fees at the landfill with some items free. Higher gate fees
are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable
and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
a. The areas for the storage and separation of waste shown on a site plan;
b. A waste management table as indicated below is to be completed showing how
waste material is to be segregated - recycled – reused or disposed; and
c. Table – Waste Management Table
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected Estimated On-site Off-site *specify
waste volume(m³) *specify proposed *specify contractor and
materials re-use or on-site contractor and landfill site or
recycling methods recycling outlet other disposal
site
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Page 11 of 98
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Plasterboard
Metals -
please specify
Asbestos
Other - please
specify
Note * If a demolition contractor is undertaking works, then the Waste Management table
is to be completed by the demolition contractor.
Damage to infrastructure
44. Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
45. The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s
and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or
landscaped in accordance with Planning Scheme Policy PSP 2 – Landscaping and to
the satisfaction of Council so as to not cause nuisance to the surrounding area.
46. All waste materials must be removed from site.
Litter, erosion and sediment control
47. Litter, erosion and sediment control measures must be installed and maintained until
soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or
potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm
water drainage system (e.g. roadside gutter).
Asbestos
48. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
49. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the
work commences. Notification must be made using Form 65: Notification of licensed
asbestos removal work, demolition work or emergency demolition.
50. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science
licenses businesses that transport asbestos waste, and landfills that accept this waste.
51. All building materials containing asbestos, including asbestos cement sheeting or roofing
and lagging are removed from the building prior to demolition/relocation.
Page 12 of 98
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Plumbing and Drainage
52. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
demolition of a building, the existing sanitary drain upstream from the connection point
for a service provider’s sewerage system must be sealed water tight. This work is
deemed as notifiable Work and must be carried out by a suitably licenced plumber who
must submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC
(Queensland Building Construction Commission) within 10 days of completing the work.
B. Enter into an Infrastructure Agreement with the applicant that provides for contributions in lieu
of 8 on-site car parking spaces.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant proposes to remove the existing building and construct a new building to include a
shop on the lower floor and a 2 bedroom short term accommodation unit on the upper floor.
The shop (Golden Breed) will have a 150m2 gross floor area on the first level, a dwelling unit on the
second level (90m2) and on the third level a balcony/outdoor open space BBQ area (32m2) which is
associated with the dwelling unit. The existing mature trees on site will be retained.
The applicant proposes 1 large car space and 2 scooter spaces located at the rear of the site. In
lieu of the number of car spaces required on site, the applicant has agreed to enter into an
Infrastructure agreement in lieu of 8 on-site car parking spaces.
Figure 1 - Render of Noosa Drive elevation
Page 13 of 98
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Page 14 of 98
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
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Page 14 of 98Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Figure 2 - Floor plans
Page 15 of 98
Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Figure 3 - Elevations Plans
2. SITE DETAILS
2.1. Background
In June 1978, Council approved a car rental business on the subject site. An approval for a shop
with a floor area of 95m2 was then issued in 2019. The shop that operates from this premises is the
Golden Breed surf shop which previously operated next door at No. 15 Noosa Drive.
2.2. Site Description
The site is within the Hastings Street mixed use precinct, surrounded by tourist retail outlets and
accommodation. The site has a 14 metre frontage to Noosa Drive and is relatively flat with a slight
fall from the east to the west of the site towards Noosa Drive. There are existing mature trees on
site consisting of a melaleuca on Noosa Drive frontage and a gum tree at the rear of the site.
Page 16 of 98
Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Figure 4 - Subject site
2.3. Surrounding Land Uses
The site is bounded by Ocean Breeze Resort to the north and food and drink tenancies beyond.
Adjoining to the south is the site that the previous Golden Breed was located, which is approved for
a shop. To the west across Noosa Drive is the Noosa Heads bus exchange and to the east is the
French Quarter resort and restaurant and retail tenancies.
Laguna Bay is approximately 200 metres to the north.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP
raises no further issues relevant to the proposed development.
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South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 applies to the application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of Noosa Plan to the extent the provisions are
relevant to the development. The most relevant codes are as follows:
Noosa Heads Locality Code
Visitor Accommodation Zone Code
Visitor Accommodation Code
Works Code
Locality Provisions
The subject site is located in the Noosa Heads Locality and is zoned Tourist Accommodation. The
proposed uses are identified as a consistent use with the zone and are required to follow an impact
assessable application process.
Criteria Planning Scheme Proposal Complies
Gross floor area or 467m² 272 m²
Plot ratio 1.12:1 0.652:1
Site cover 45% max 46.6 % X
Landscaped open space 62.7 m² min 65.25 m²
Building height
storeys 3 storeys 3 storeys
metres 12 metres 11.4-11.6 metres
from natural ground
Boundary setbacks
Frontage 2m, average of 4 metres 3.3–4.9 m – lower
for both storeys storey; > 4m for
upper
Stairs & deck within X
setback
Side (north) None specified
None specified 0 metres
Side (south)
None specified 0 metres
Rear 3.4 to stairs/7.4m to
building metres
Length of wall 15 metres max 12-24 metres X
Carparking 1 sp/20m2 for shop and 1 1 covered X
sp for unit, total 9 inc. at (8 under IA)
least 1 covered space
Bicycle/scooter Spaces 2 bicycle spaces Not proposed X
1 scooter spaces 2 scooter spaces
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Criteria Planning Scheme Proposal Complies
Ratio units : shops 20:1 Provides for 1 X
accommodation unit
to 1 shop tenancy
Locality Provisions
Development sought in the Tourist Accommodation zone in the Hastings Street Mixed Use precinct
is to provide for a range of visitor accommodation activities and non-residential uses accommodated
in mixed-use buildings, where such activities are compatible with and ancillary to the predominant
functions of the zone as visitor accommodation.
An outcome of the Hastings Street Mixed Use precinct is for development to be consistent with the
existing built form and the particular mix of accommodation, dining, retail and other entertainment
and services that have created such a vibrant and successful centre dominated by independently
operated local businesses.
The proposed development provides for a shop on the lower floor and a unit for short term
accommodation on the upper floor. Although the non-residential tenancy is not at a ratio of at least
20 accommodation units to one non-residential tenancy as required by Acceptable Outcome AO6.1
of the Tourist Accommodation Code, it meets the corresponding outcome PO6 in that the
accommodation unit is located on the upper floor of the development. A greater yield of
accommodation units would be quite difficult to achieve, given the size of the site.
The is site identified on the Hastings Street Precinct Map as a ‘Gateway and Key Corner’ and,
‘Primary Active Street front and ‘Key Pedestrian Area’, under Noosa Plan (Noosa Heads Local Plan
Code), as shown in Figure 5 Hastings Street Framework & Character Plan.
Figure 5 – Hastings Street Framework & Character Plan
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Development in this location must contribute to the establishment of attractive streetscapes to
enhance the character of Noosa Heads and facilitate key pedestrian/cycle link connections. The
proposed development is consistent with and is considered to enhance the character of the area
through the proposed design and retention of existing mature trees. The building is appropriately
setback from the Noosa Drive frontage and incorporates a mix of building materials that provide
variation through articulation, texture and detailing. Further, upgrades to the frontage of the site,
including a new pathway is also proposed that enhances the existing streetscape.
Site cover
The Noosa Plan allows for a maximum site coverage of 45%. The development proposes 46.6% site
cover. It is proposed to condition the development to comply with this provision and require the
applicant to provide amended plans accordingly.
Car parking and Infrastructure Agreement
The development requires 9 car spaces and 1 scooter space to accommodate the proposed uses.
The applicant has proposed 1 car space and 2 scooter spaces on site and has agreed to enter into
an infrastructure agreement for the balance of 8 spaces. An Infrastructure Agreement is required as
conditions cannot be imposed for monetary contributions for the balance of car spaces required.
Refer to Attachment 1. Relevant conditions have been included pertaining to the provision of onsite
car parking and those required under the Infrastructure Agreement.
Wall length
The wall on the southern boundary serves as a fire rated wall for the proposed building and is
approximately 24 metres long on the lower level, with a ground floor height of 4.1-5.5 metres.
Further, the wall continues to the upper level at a length of 12-18 metres at 8.2 metres high. The wall
is proposed to be of render construction with fibre cement sheeting and timber battens/strips. Refer
to Figure 6 – southern wall/façade.
Figure 6 – southern wall/façade
Acceptable outcome AO14.7 of the Tourist Accommodation code requires that ‘Buildings incorporate
both vertical and horizontal articulation such that no unbroken elevation is longer than 15 metres
without a change in plane of at least 750 millimetres’.
The application was referred to Noel Robinson Architecture to assist in the review of the design,
which is shown in the proposal plans. The nature of the length of the wall on the southern boundary
was assessed and discussed and it was concluded that:
The site is very small at 417m2 and constrained by existing mature trees on site and other
mature tree on the northern boundary.
Noosa Plan allows for buildings to be located on the side and rear boundaries (zero setback).
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The shadow cast by that wall on the southern property does not have any material effect on it
due to the commercial nature. The front portion of the wall will have minimal impact with regard
to shadowing in the forecourt of the adjoining building.
The highest part of the wall is to the rear of the property so the visual impact from the street is
minimal.
The wall/s are otherwise well articulated with vertical and horizontal elements incorporating a
mix of render, fibre cement sheeting and timber battening to reduce building bulk.
A condition will be included that ensures the building uses a mix of materials and texture to minimise
the bulk on the southern boundary.
Existing trees
Significant native trees are located on and about the site. These trees provide suitable forage and
nesting habitat for local fauna species and provide a vegetative entrance to the Hasting Street
precinct. The Melaleuca tree in the frontage provides visual relief to the frontage whilst the mature
gum trees and Tuckeroo’s provide a shady canopy to the rear of the site. The development seeks to
retain these trees and their retention has been considered as part of the assessment of the
development. Suitable conditions are proposed to ensure the vegetation continues to contribute to
the landscape values associated with the precinct.
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Other Referrals
The application was forwarded to the following internal Council officers:
Engineering Co-ordinator, Development Assessment
Environment Officer, Development Assessment
Design office, Infrastructure Services
Noel Robinson Architecture
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016.
No properly made submissions were received.
5. CONCLUSION & REASONS FOR DECISION
The proposed development is consistent with the Tourist Accommodation zone in Noosa Heads.
The development meets the built form provisions in Noosa Plan, in that it is well articulated, using
predominately lightweight materials. Existing mature trees are to be retained and new landscaping
and pavements will be introduced that complement the built form. The shop front provides for an
indoor/outdoor interface that interacts with Noosa Drive, fostering social interactions and vibrancy.
The proposed development is therefore recommended for approval.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development x Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning x Infrastructure Planning,
Design and Delivery
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ATTACHMENT 1
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FEBRUARY 2021
ee encuments
NOOSA SHIRE COUNCIL
NICK VAN DE MERE 22 W/E Mu
JAVATEX PTY LTD
INFRASTRUCTURE DEED IN RESPECT OF PAYMENT OF CONTRIBUTIONS
IN LIEU OF OFF-STREET PARKING FOR A DEVELOPMENT PERMIT FOR:
SHOP AND SHORT TERM ACCOMMODATION
DEVELOPMENT PERMIT: MCU20/0103
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CONTENTS
1 INTERPRETATION--—-----—_-__________-___-___-_-_-3
15 Other Expressions 220... eee en cee ee eee e eee eeeeeeeeeeeeeeeeeteteteeeneeeeeeeee D
2 INFRASTRUCTURE DEED ———--_---_______________-6
2.3 Deed to bind successors in tithe 2.22. eee cee ec eee eee cette eeeeeeteeeereeeee ee O
24 Deed conditional upon approval of Development Application _.............-..............6
3 INFRASTRUCTURE CONTRIBUTION——--—-—-_--_-_-_--___--_-____-_-__6
3.1 Infrastructure Agreement overrides Development Permit -...........-.....-.............. 6
3.2 Contribution in lieu of off-street parking —........-....e.ee cence cece eee eeeee centre
3.3 Indexed Infrastructure Contribution in lieu of off-street parking_...........................6
3.4 Time for payment oo... cece cence ence nce ceeeceeeeeeeeeeeeceeeeeeteteteseeeeeeeeee DD
3.5 Payment to Council oo... eseeeces eee cce cence ceeeeceeeeeceseceeeeeesseeseceeeeteseseeeseeeeseeee
4 GOODS AND SERVICES TAX -______—___7
5 DEFAULT BY OWNER OR APPLICANT -——----------_-_--_-________7
5.1 Rights of the Council on default... ece ec ec eee eeeeeeeeeeeeeeeeeeeeeeeeeeee
6 RECONFIGURATION OF THE SUBJECT SITE——-----------__--_--__-_-__8
6.1 Reconfiguring and compliance —.o.... 2... cece ee eee eeeeeec eee eeeeeeeeeeeeeeeeeeeeeeeeeeee B
7 SERWICE ---—----------—-----------—-----------—----------—-----------—----------—-----------=-------- 5)
TA Service by prepaid post —o2... eee eee cece eee ee eee cece eee e eee eeeeeeeeeteetereeeeeeeeeee B
7.3 Proof Of SOPVICE oo... eee eee eeceeceeeeeeecesececeeceeeceseeteceesseseeeeeateeeeteseeteesresteetereereeeeeee O
74 Form of Notice o.oo... eee eee asec ne nsec en cence eee ceceeneeeceeececeeeeeteteeeeceeeteeeeeeeeeseeeeeeee 8
8 MISCELLANEOUS -——----_______________—__8
8.2 THE ones eee cece cence eee e cece ceseeeeeecececeseeeeeoeeceeeseeststseteseatecestssneeeteeteteetiseeeeeeee B
8.3 Place for payment of monies -...............-.-.2-----sececeneeceececeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee D
8.5 Laches and delay... eeeeeeseeeeceseececce cece eeeceeeeeeececeseseeetateteseeeeresteeeeseseereeee G
87 Warranty of authority 2... eee eee eee cece eee cneeeeeneeeceeeeeteeteseeneeeeeeeeee D
SCHEDULE 1 -----------------2---ncnnncnnnnnenenenecennnecnnecnnecnnecenecnsscsenecenenesenesenesenesene 1)
SCHEDULE 2 -------------2---2ennncnnne nnn nnenenenecen ewes nnecnnecncncececnsncsenecenecesenesenesesesene |]
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THIS DEED is made on the date stated in item 1.
BETWEEN The Council
AND the Applicant
AND the Owner
RECITALS
A __ The applicant is Nick Van De Mere and the owner is Javatex Pty Ltd.
B The applicant lodged a development application in relation to the Subject Site.
C The applicant has made a request to the Council that it provide fewer on-site car
parking spaces for the development proposed by the development application than
would otherwise be required under the planning scheme.
D ‘The applicant proposes a contribution be paid for the shortfall in the number of car
parks which would otherwise be required.
IT IS AGREED
1 INTERPRETATION
1.1. Nature of Deed
This deed accords with Clause 2.
1.2 Commencement
This deed commences on the Commencement Date.
1.3 Interpretation
(a) In this deed, unless a contrary intention appears, reference to:
(i) | aclause is to a clause in this deed; and
(ii) | the singular includes the plural and vice versa; and
(iii) | any gender includes all other genders; and
(iv) a person includes a firm, a corporation, an association and a body,
whether incorporated or not and a government or statutory entity or
authority; and
(v) legislation (including subordinate legislation) includes:
(A) statutory instruments under the legislation; and
(B) consolidations, amendments, re-enactments or replacements of
the legislation; and
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(vi) writing includes any mode of representing or reproducing words in
tangible and permanently visible form and includes facsimile
transmission; and
(vii) this or any other deed includes the deed as varied or replaced and is
not affected by any change in the identity of the parties; and
(vill) a day is a Calendar Day
(d) Whenever more persons than one constitute a party, all the covenants,
deeds, conditions, restrictions and provisos on the part of that party
contained or implied in this deed bind those persons jointly and each of them
severally.
(e) This deed is in all respects to be interpreted in accordance with the laws of
the State of Queensland, and the parties irevocably and unconditionally
submit to the non-exclusive jurisdiction of the courts of that state and any
courts which have jurisdiction to hear appeals from them, and waive any
right to object to proceedings being brought in those courts.
(f) Nothing contained in this deed affects, prejudices or derogates from the
requirements of any statute or from the rights, powers and authorities of the
Council under the provision of any statute or under any declared policy of
the Council.
(i) _ All schedules to this deed form part of this deed and a reference to an item
is a reference to an item in Schedule 1 unless stated otherwise.
(j) | Terms used in the Special Conditions which are not otherwise defined in
Clause 1.4 (Definitions) shall have the meanings assigned to them in the
Council's Planning Scheme.
1.4 Definitions
In this deed:
“Act” means the Planning Act 2016 (the “Act’).
"Applicant" means the person described in and having its address at the place
described in item 4 of Schedule 1 and includes:
(a) successors and permitted assigns in the case of a corporation, association
or other body whether incorporated or not; and
(b) executors, administrators and permitted assigns in the case of a natural
person.
“Calendar Day” has the meaning given in section 36 of the Acts Interpretation Act
1954 (Qld).
“Chief Executive Officer” means the Chief Executive Officer of the Council and
includes the person (if any) for the time being acting as Chief Executive Officer.
“Commencement Date” means the date when this deed commences being the
date when the last party executes this deed
“Council” means the Local Government described in Item 3 of Schedule 1 and its
predecessors, successors, transferees and assigns.
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“Development” has the meaning given in the Act.
“Development application and development permit” have the meanings given
in the Act and are identified in Item 7 of Schedule 1.
“Index Number” means the Consumer Price Index - Index Numbers; All Groups
CPI for Brisbane produced by the Australian Bureau of Statistics. If the said Index
is suspended or discontinued or if different factors are used to determine the same
Index, the Index Number shall be such an Index as the Council and Owner agree
reflects increases in the costs of living in Brisbane. In default of such agreement
such Index will be as determined on the application of either party to the President
of the Queensland Law Society Inc at the relevant time, or his Nominee, acting as
an expert and not as an arbitrator and whose decision shall be conclusive.
"Infrastructure charges notice" has the meaning given in the Act.
“Infrastructure Contribution” mean the contribution in lieu of car parking spaces
required under clause 3.2.
“Local government” has the meaning given in the Local Government Act 2009.
“Local government area” has the meaning given in the Local Government Act
2009.
“Lot” has the meaning given in the Act.
“Notice” means any certificate, demand or notice to be made, given or served by
a party under this deed.
“Owner” has the meaning given in the Act and is the person described in item 4A
of Schedule 1.
“Planning Scheme” means the planning scheme of the Council applicable for the
Subject Site.
“Special Conditions” means the conditions specified in item 6 of Schedule 1 with
which the Owner and Applicant must comply.
“Subject Site” means the land described in item 5 of Schedule 1 and includes:
(a) any interest or estate in, on, over or under the land; and
(b) the airspace above the surface of the land and any estate or interest in the
land; and
(c) the subsoil of the land and any estate or interest in the subsoil; and
(d) any part or parts of the land; and
(e) any estate or interest created in respect of any of the above matters.
“Use” has the meaning given in the Act.
1.5 Other Expressions
If a term is not defined in this Deed it shall unless the context otherwise requires,
have the meaning given to it by:
(a) the Act; or
(b) the Macquarie Dictionary in the absence of a definition in the Act.
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1.6 Rights and Obligations
Where rights or obligations are in respect to any contributions or works those rights
shall be rights in favour of Council and those obligations shall be obligations to
Council.
2 INFRASTRUCTURE DEED
2.1 Application of Act
This Deed constitutes an infrastructure agreement under the Act.
2.2. Warranty of Ownership
The owner warrants that, at the time of signing this agreement, it is the owner
of the land.
2.3 Deed to bind successors in title
The owner consents to the obligations of the applicant under this Deed being
attached to the Subject Site and binding on the owner and the owner's successors
in title in accordance with Section 155 (When infrastructure agreements bind
successors in title) of the Act.
2.4 Deed conditional upon approval of Development Application
This Deed is conditional upon the development permit taking effect.
3 INFRASTRUCTURE CONTRIBUTION
3.1. Infrastructure Agreement overrides Development Permit
This Deed applies to the extent of any inconsistency with the development permit
and the Infrastructure Contribution payable hereunder is in addition to any
conditions of, or payments required by, the development permit and/or any
infrastructure charges notice given in respect of the development.
3.2 Contribution in lieu of off-street parking
The applicant must pay the Council the greater of:
(a) the amount identified in Schedule 2 of this Deed; or
(b) the amount calculated in accordance with the formula in Clause 3.3.
3.3 Indexed Infrastructure Contribution in lieu of off-street parking
The Infrastructure Contribution in lieu of off-street parking payable, identified in
Schedule 2, shall be indexed annually for a financial year in accordance with the
following formula:-
A=BxC
D
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Where A= the Indexed Infrastructure Contribution amount at the time the
payment is made
Where B= the Additional Networks Infrastructure Contribution identified in
Schedule 2.
Where C = the Index Number for the March quarter immediately preceding the
financial year in which the Infrastructure Contribution is being paid;
and
Where D = the Index Number for the March quarter immediately preceding the
financial year upon which the Infrastructure Contribution is issued as
stated in Schedule 2.
3.4 Time for payment
The Infrastructure Contribution in lieu of off-street parking is to be paid before the
use approved by the Development permit commences.
3.5 Payment to Council
The Infrastructure Contribution in lieu of off-street parking shall be paid to Council
unless the applicant is directed in writing by Council to pay it otherwise.
3.6 Onsite carparking spaces
In addition to payment of the infrastructure contribution the applicant shall provide
the number of car parking spaces on the subject site specified in Item 8.
4 GOODS AND SERVICES TAX
The federal government has determined that rates and utility charges levied by
local government will be GST free. Accordingly, no component for GST is included
in this Infrastructure Contribution.
5 DEFAULT BY OWNER OR APPLICANT
5.1 Rights of the Council on default
If the applicant fails to duly perform and fulfil any or all of its obligations under
Clause 3 the Council may recover from the applicant or the owner the whole or
any amount of the Infrastructure Contribution not paid and its costs of recovery.
5.2 Application of money
The Council may apply any sum recovered or received by it pursuant to Clause
5.1 (rights of the Council on default) as far as the sum may extend to or towards
all or any one or more of the following:
(a) reduction or discharge of the amount payable by the applicant or owner
under this Deed; and
(b) reimbursing itself for the cost of works done and/ or for any damages or costs
suffered by it as a consequence of such non payment.
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6 RECONFIGURATION OF THE SUBJECT SITE
6.1 Reconfiguring and compliance
If the Subject Site is reconfigured under the provisions of the Act and the
obligations under this Deed have been satisfied, then this Deed no longer remains
attached to the reconfigured lots and the owner's successors in title are not bound
by this deed.
6.2 Reconfiguring and non-compliance
If the Subject Site is reconfigured under the provisions of the Act and the
obligations under this Deed have not been satisfied, this Deed remains attached
to the reconfigured lots and the owner's successors in title remain bound by this
deed.
7 SERVICE
7.1 Service by prepaid post
A Notice is sufficiently made, given or served by a party if left at or forwarded by
prepaid post in an envelope addressed to the other party or any of them (where
there are more persons than one person comprising the other party) at the address
of that party specified in Schedule 1.
7.2 Deemed service
A Notice if sent by prepaid post is deemed to have been made, given or served at
the time when in the due course of the post it would be delivered at the address to
which it is directed whether or not it is actually received.
7.3 Proof of service
In proving service of a Notice made, given or served by the Council it is only
necessary for the Council to certify to that effect under the hand of the Chief
Executive Officer.
7.4 Form of Notice
(a) A Notice given by a party must be in writing and signed by the party.
(b) A Notice given by a party may be signed by an officer of that party or the
solicitor for that party.
(c) A party receiving a Notice is not obliged to enquire as to the authority of the
person signing the Notice.
8 MISCELLANEOUS
8.1 Payment of costs
The applicant shall pay the Council's legal costs of and incidental to the
preparation and execution of this Deed on a solicitor own client basis.
8.2 Time
Time is, in all cases, of the essence.
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8.3 Place for payment of monies
All monies payable to Council under this deed are payable free from all deductions
at the address of Council specified in Schedule 1.
8.4 Waiver
No waiver by the Council of any breach by the applicant or owner of any of the
provisions of this Deed shall be implied against the Council or be otherwise
effective unless it is in writing under the hand of the Chief Executive Officer.
8.5 Laches and delay
No laches or delay by the Council at any time or times in enforcing any of its rights,
powers and the like under this Deed prejudice or affect those rights or powers.
8.6 Severance
If any provision of this Deed cannot be given effect or full force and effect by reason
of statutory invalidity that provision shall be severed or read down but so as to
maintain and uphold so far as possible the remaining provisions of this deed.
8.7 Warranty of authority
Any person signing this Deed:
(a) as attorney of any party warrants to the other parties that at the date of
execution that person has not received any notice or information of the
revocation of the power of attorney appointing that persons; and
(b) as an authorised officer, agent or trustee of any party warrants to the other
parties that at the date of execution that person has full authority to execute
this deed in that capacity.
8.8 Further assurances
Each party agrees at its cost to do everything reasonably necessary to give effect
to this Deed.
8.9 Amendment of deed
(a) Despite any provision of this Deed, the parties may at any time agree to vary
the terms of this Deed
(b) No modification, variation or amendment of this Deed is of any force or effect
unless:
(i) itis in the form of an amendment Deed and has been signed by the
parties; and
(ii) where relevant the amendment Deed complies with the requirements
of the Act.
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SCHEDULE 1
Deed Details
ITEM 1 Date The Commencement Date
ITEM 2 Name of Deed Infrastructure Deed in respect of payment of
car parking contributions for a development
permit for Material Change of Use (Shop &
Short Term Accommodation)
ITEM 3 Council NOOSA SHIRE COUNCIL
9 Pelican Street, Tewantin in the State of
Queensland
PO Box 141, Tewantin QLD 4565
ITEM4 _— Applicant NICK VAN DE MERE /M&LWE yr
PO Box 594
South Yarra, Victoria 3141
ITEM 4A Owner maxevin gare 7 /
en oe
ACN 069 991 386
PO Box 594
South Yarra, Victoria 3141
ITEM 5 Subject Site Lot 5 RP 91777
County of March
Parish of Weyba
13 Noosa Drive Noosa Heads
ITEM 6 Special Conditions The Infrastructure Contribution must be paid
in accordance with clause 3.2 of this deed
ITEM 7 Development Application Material Change of Use (Shop and Short
and Permit Term Accommodation) MCU20/0103
ITEM 8 Number of onsite One, plus 2 scooter spaces
carparking to be provided
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SCHEDULE 2
Contribution in lieu of off-street parking
The Contributions in lieu of off-street parking are detailed in Table 1:
Table 1 Contributions in lieu of off-street parking
Amount Payable
INFRASTRUCTURE CONTRIBUTION Current at: 2020-2021
Contribution in lieu of off-street parking for 8 car park spaces $198,496.00
TOTAL =
(Subject to indexation applicable at date of payment) $198,496.00
PAYMENT OF THE INFRASTRUCTURE CONTRIBUTION
i. The monetary contribution is payable in accordance with this Infrastructure
Agreement.
ii. The monetary contribution is payable before the use commences. The contribution
is to be paid to Noosa Council.
iii, Methods of payment
— aT
PO Box 141, Tewantin, QLD 4565
ae Noosa Council Tewantin office: 8.30 am to 4.30 pm Monday to Friday
(excludes public holidays)
Mastercard or Visa only
Credit Card Note: All payments made by credit card will incur a 0.5% surcharge to reflect the
cost of fees charged for credit card transactions.
Direct Bank Payment by electronic transfer direct to Council's Bank Account is only
Transfer available by special arrangement. Contact Infrastructure Enquiries:
[email protected]
iv. Please contact Council directly via telephone on: (07) 5329 6211 or 5329 6449 during
office hours or alternatively via email: [email protected] a minimum of 5
business days prior to payment of the infrastructure contributions for the current
indexed amounts applicable at the time of payment.
Page 32 of 98Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Page 33 of 98
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
EXECUTED AS A DEED.
This deed dated this day of 2021
BETWEEN NOOSA SHIRE COUNCIL a Local Government duly constituted under the
provisions of the Loca! Governnfent Act 2009
MERWE / (“Council”)
AND NICK VAN DE MERE
(‘the applicant’)
Iworey ?/t
AND / JAWALEX PTY LTD 069 991 386
( _ (“the owner”)
[a
SIGNED SEALED AND DELIVERED by the }
delegated officer for and on behalf of the ) | ee
NOOSA SHIRE COUNCIL ) Signature
) .
} Name
)
) Dated
Signed/Executed by the applicant: NICK VAN DE MERWE. Nie ‘
Nick Van De Ae WERE Jyo~
si Noo ean
YAW
{Signa rah
/§ } O/ / JOU /
i .
In the presence of Witness being a Justice of the Peace:
Lemm Navyen
(Name)
\ r linde rs Pha rrn2cy
(Signature) \ ph: 5989 1044 fax 5989 1077
PIR MAU
_
Page 33 of 98Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Page 34 of 98
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
ae
Way HAA
CAM
‘ c
Iwate P/-
Signed/Executed by Owner. JAVALEX PTY LTD 069 991 3a6
(7 a Company, in accordance with Section 127 of the Corporations Act 2007 (Cth))
é vy MIA ames i | z cY/ .
(iD rectoe'Company Secretary) (Owector)
ey
A AM ee ;
(Sagnatiire) { Signature )
£ “ c /
(Mate) (Date) .
In the presence of Witness being a Justice of
(If a company, a Witness is not required) —
, ." PApeky ve “
(Signature)
Page 34 of 98Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
2 MCU20/0115 - APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT TERM
ACCOMMODATION AT 3 ROBERT STREET, NOOSAVILLE
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/ MCU20/0115
Attachments 1. Proposal plans
APPLICATION DETAILS
Applicant Borilola Pty Ltd
Proposal Material Change of Use - Short-term accommodation
Properly Made Date 19 October 2020
Information Request Date N/A
Information Response Date N/A
Decision Due Date 11 February 2021
Number of Submissions Nineteen (19)
PROPERTY DETAILS
Property Address 3 Robert St, Noosaville Qld 4566
RP Description Lot 3 RP 87781
Land Area 718m²
Existing Use of Land Residential Dwelling
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Medium Density Residential
Overlays Land Subject to Acid Sulfate Soils Overlay
Flood Hazard Overlay
Assessment Type Impact
Page 35 of 98
Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 9 February 2021 regarding Application No. MCU20/0115 for a Development Permit
for Material Change of Use - Short-term accommodation situated at 3 Robert St, Noosaville and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the use
continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
16-37 (Sheet 1 of 7) - Ground Floor 03/10/2017
16-37 (Sheet 2 of 7) - Elevation A & B 03/10/2017
16-37 (Sheet 3 of 7) - Elevation C & D 03/10/2017
16-37 (Sheet 4 of 7) - Cross Section A-C 03/10/2017
16-37 (Sheet 5 of 7) - Slab Setout 03/10/2017
16-37 (Sheet 6 of 7) - Bracing Plan Lower Floor N3 03/10/2017
16-37 (Sheet 7 of 7) - Site Plan 03/10/2017
Currency
3. This development approval lapses if the use has not happened by 18 February 2027,
unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. The total number of bedrooms on the site must not exceed 4.
5. No more than 8 guests may occupy the premises at any time.
6. All outdoor areas, including balconies, decks, pool and the like, must not be used after
9pm each night.
7. The premises must not be used as a party house, with no events, functions or parties
(e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted
on site.
Amenity
8. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, overlooking, light spill or odour) enjoyed by
surrounding residents or cause a nuisance, including a noise nuisance.
Car Parking
9. Existing car parking on site, as detailed on the approved plans, must be maintained
and kept available for users of the short term accommodation.
10. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
Page 36 of 98
Section 37
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Waste Management
11. Waste storage and disposal facilities must be provided in accordance with Planning
Scheme Policy 9, Waste Management, including an external imperviously paved area
correctly sized for all refuse and recycling containers and suitably screened from public
places and neighbouring properties.
12. Waste containers must:
a. At all times be regularly cleaned and maintained in a clean, tidy, sanitary and
hygienic condition.
b. Be placed on the kerb side frontage of the premises, for the collection of general
waste from the container; and
c. Not be placed on the kerb side frontage for longer than 24 hours before or after the
scheduled collection day for the collection of waste in the container.
Contact Person
13. Prior to the commencement of the use written confirmation must be provided to Council
confirming:
a. the name and telephone number of the contact person (which may include the
name and contact details of an individual, letting agency, property manager,
security firm or the like) for the purposes of the operation of the short stay letting
at the premises; and
b. that the contact person is available 24 hours a day, 7 days a week; and
c. that the contact person resides within 20 minutes travel time (by vehicle) of the
premises; and
d. that the contact person is to be responsible for the supervision and management
of the premises, including addressing complaints about the use of the premises for
short stay letting and visitor queries.
14. A sign must prominently and permanently display in letters and numbers not less than
50mm in height, a current up to date written notice detailing the contact person’s phone
number, and a statement that the contact person is responsible for the supervision and
maintenance of the premises. The sign must not exceed 0.2m2, be displayed at the front
of the premises and be visible to members of the public at all times.
Code of Conduct
15. A code of conduct must be developed and provided to all users and occupants of the
short term accommodation, including any website or social media used to promote the
use of the premises for short term accommodation.
16. The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
i. detrimentally affect the residential amenity (including but not limited to noise,
overlooking, light spill or odour) enjoyed by residents in the vicinity of the
premises; or
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
a. loud aggressive behaviour;
b. yelling, screaming, arguing; or
c. excessively loud cheering, clapping and singing.
Page 37 of 98
Section 38
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
iv. create a level of noise above the acceptable levels described by Queensland
Government legislation for environmental protection (noise).
b. That a user of the premises must not sleep or camp on the premises in a tent,
caravan, campervan or similar facility.
c. That each vehicle used by a user of the premises must:
i. be stored in a manner that does not cause a nuisance or inconvenience to
adjoining premises; and
ii. be parked within the parking facilities at the premises where provided.
d. That each user of the premises must store general waste (including the separation
of recyclable waste) produced as a result of the ordinary use or occupation of the
premises in a waste container.
e. That each user of the premises must ensure that the premises, including the
grounds of the premises, are kept in a safe and tidy condition.
f. That pets occupying the premises must be managed and not cause a nuisance
(including a noise nuisance).
g. The nature and extent of the approved use as detailed in conditions numbers 4 to
7 of this development approval.
17. The Code of Conduct must be displayed in a prominent location at the premises so that
it can be viewed by guests.
Complaints Management
18. The contact person must maintain a record of all complaints received, identifying how
each complaint has been resolved or addressed within a reasonable time.
19. The contact person must respond to all complaints within 30 minutes of notification of a
complaint.
20. The contact person, must keep and maintain a register of the use of the premises for
short stay letting or home hosted accommodation, and record in the register, each of the
following:
a. on each occasion on which the premises are used, or occupied, for short stay
letting or home hosted accommodation on a commercial basis:
i. the number of adults who are users of the premises; and
ii. the number of minors, an individual who is under 18, who are users of the
premises.
b. the dates when each person’s use, or occupation, of the premises for short stay
letting or home hosted accommodation began and ended.
21. The contact person, must make available, for inspection by Council, within 5 business
days of receipt of a written request given at any time, each of:
i. the written record of complaints referred to in condition 18; and
ii. the register referred to in condition 20
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 38 of 98
Section 39
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
REPORT
1. PROPOSAL
The applicant proposes to utilise the existing 4 bedroom single storey dwelling for short term
accommodation. No changes are proposed to the existing building with all parts of the site to be
available for the proposed use.
The applicant advises that:
They will utilise a local property manager to oversee letting, management and maintenance of
the premises.
They will prepare a code of conduct and management agreement for all guests utilising the
premises for short term accommodation.
All guests will be required to sign the agreement and terms of rental.
The two car garage and associated driveway will be available for carparking for guests.
No events, weddings, parties or the like are to occur on the premises.
In support of the proposal the applicant advises:
The outdoor area (patio) and pool area are located adjacent to the Robert Street frontage.
The outdoor patio area is roofed and enclosed on three sides.
Holiday units known as Como are located directly opposite the site.
Three bedrooms are located at the rear of the property.
The property is fully fenced and landscaped.
A copy of the proposal plans are included as Attachment 1.
The subject site and surrounding locality are detailed in the following aerial photographs:
Figure 1: Subject site
Page 39 of 98
Section 40
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Figure 2: Subject site
The site and floor plans of the existing dwelling are detailed below:
Figure 3: Site plan
Page 40 of 98
Section 41
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Figure 4: Floor plan
2. SITE DETAILS
2.1. Background
In November 2017 Council provided a siting variation for the dwelling to be constructed 1.9 metres
from the rear boundary, construction of the dwelling house was finalised in April 2018.
2.2. Site Description
The subject site is a square shaped lot located on the western side of Robert Street, Noosaville and
described as Lot 3 on RP87781. The site contains a contemporary residential dwelling with boundary
walls along common boundaries with adjoining neighbours.
Pedestrian and vehicular access is from Robert Street with a double garage accessed from the
driveway. The subject site is serviced by standard community infrastructure including reticulated
water supply and sewerage, underground telecommunications and overhead electricity supply,
bitumen roadways and kerb and channel.
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Section 42
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
2.3. Surrounding Land Uses
North: Residential dwelling and car parking area of duplex dwelling. The adjoining residential
dwelling contains an outbuilding which appears to have been converted from a garage
to a habitable room. A recent planning application has been lodged for this site seeking
approval to develop a new dwelling with a garage proposed to be located adjacent to the
pool on the subject site.
South: Residential dwelling
East: Sonoma unit complex – mix of permanent and holiday units
West: Como Holiday Resort
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP
raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions
are relevant to the development.
Strategic Framework
The Noosa Plan 2020 includes Strategic Outcomes which seek that neighbourhoods of permanent
housing are protected from short term visitor accommodation that would impact on the amenity
enjoyed by residents and that the planning scheme protects areas for visitor accommodation with a
range of accommodation styles envisaged to support the local tourism industry.
The planning scheme regulates where short term accommodation may occur within residential zoned
land and includes provisions which seek to protect the amenity of the surrounding area.
The strategic intent is to limit visitor accommodation in traditional residential neighbourhoods of
detached dwellings, but allow it in higher density areas typically zoned for unit developments and
located generally closer to centres, facilities and services. The proposed short term accommodation
supports Noosa’s tourism industry and provides an alternative form of visitor accommodation to
resort, motel development etc.
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Section 43
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
The proposal is consistent with the Strategic Framework as it is located within a higher density area,
in close proximity to the tourist and recreational activities on Gympie Terrace and the Noosa River.
Locality Provisions
The subject site is located in the Noosaville Local Plan Area and is zoned Medium Density
Residential. The proposed use is identified as a consistent use with the zone and is required to follow
an impact assessable application process.
The Medium Density Residential Zone Code and the Noosaville Local Plan Code both include
provisions which address the potential impacts of short term accommodation. The relevant
provisions are:
Medium Density Residential Zone Code
6.3.2.2 Purpose and Overall Outcomes
(a) Medium density residential neighbourhoods are predominantly home to permanent
residents.
(h) Short-term visitor accommodation is predominately provided through well-established
resorts and holiday units.
6.3.2.3 Assessment Criteria
AO6.2
Short-term accommodation does not:
a. constitute a party house;
b. create noise that would unreasonably impact on the residential amenity enjoyed by the
adjoining or surrounding properties.
PO6
Visitor accommodation is limited to formats compatible with the character and use of the area so as
not to cause unreasonable loss of residential amenity, having regard to:
a. the privacy of residents on the subject property or adjoining properties;
b. any likely increase in noise to adjoining properties;
c. the scale of the use and its compatibility with the character and uses within the property or
surrounding area;
d. retention of the primary residential function of an area;
e. the residential function and arrangement of common property;
f. the impact on the safety and efficiency of the local road network;
g. the impact of waste storage areas on the visual amenity of the area;
h. the location of waste storage areas in relation to sensitive land uses; and
i. any impact on shared vehicular access or parking.
Noosaville Local Plan Code
7.2.4.2 Purpose and Overall Outcomes
(f) The Noosaville local plan area maintains its roles for both the provision of much of the
commercial, retail, administrative, industrial and social needs of the coastal urban portion of
Noosa Shire and as a major focus area for visitor accommodation and services.
(s) Development in the Medium Density and High Density Housing zones accommodates a
greater diversity in housing types including dual occupancies, multiple dwellings, retirement
facilities and residential care facilities.
Page 43 of 98
Section 44
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
(t) Development ensures permanent residents of Noosaville enjoy high levels of residential
amenity and accessibility to urban services and recreational opportunities
Low Density Housing Code
9.3.1.1 Purpose and Overall Outcomes
(1) The purpose of the Low density housing code is to ensure dwelling houses, community
residences, rooming accommodation and short term accommodation (where no more than
one detached dwelling on the site):
a. are appropriately located;
b. achieve a high level of comfort and amenity for occupants;
c. maintain amenity and privacy of neighbouring residential premises; and
d. are compatible with the character and streetscape of the local area.
The planning scheme prioritises the preservation of areas which are predominantly permanent
residential dwellings and seeks to protect the amenity of surrounding residential areas from the
impacts of short term accommodation.
Whilst acknowledging that there are a number of permanent residential dwellings within the
surrounding area it is also noted that a number of visitor accommodation facilities are located within
the surrounding area which are within close proximity to the site. These include Sandy Beach Resort,
Sunset Cove Noosa Holiday Resort, Coral Beach Noosa Resort, Noosa Breakaway Holidays, and
Noosavillage River Resort. Furthermore, there are numerous properties which are currently being
used for short term accommodation as evidenced by Airbnb listings.
The following images detail the location of these facilities:
Figure 5: Location of visitor accommodation within proximity of the site
Page 44 of 98
Section 45
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Figure 6: Location of available Airbnb properties within proximity of the site
It is acknowledged that the use of premises for short term accommodation has the potential to have
a significant impact on the amenity of the surrounding residential area. These impacts are often
attributed to noise, car parking and waste disposal. The requirement for a development application
for short term accommodation provides the opportunity to regulate the use of the site so as to mitigate
these potential impacts.
The following is noted in this respect:
Outdoor areas including pool and patio are located to the front of the site adjacent to the Robert
Street and generally separated from surrounding properties by the dwelling. It is noted that the
pool is situated adjacent to the adjoining boundary of the residential dwelling to the north, an
outbuilding, which appears to have been converted into a habitable room. It is important that
the use of the adjacent pool/outdoor area is managed to mitigate amenity issues, accordingly
conditions are recommended to address the use of outdoor areas. It is noted that a recent
development application has been lodged for this site which will locate a garage adjacent to
the common boundary;
The internal areas adjacent to the rear boundary are bedrooms which will generate limited
noise;
The dwelling unit has a double enclosed garage with space for 2 additional vehicles to park on
the driveway therefore complies with the Driveways and Car parking Code requirement for 2
car parking spaces;
The unit has its own dedicated waste storage area adjacent to the side boundary and screened
to address the potential for impacts on visual amenity; and
Page 45 of 98
Section 46
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
The site is situated within the Medium Density Residential Zone in which dual occupancies and
multiple dwelling developments are consistent uses subject to code assessment. In this regard,
the site could be developed with a higher density of occupancy than is currently proposed
which would may amplify car parking and noise impacts associated with the increased
numbers of bedrooms/persons who could otherwise occupy the site.
Accordingly conditions are recommended to address potential amenity impacts. These generally
align with the measures proposed by the applicant and additionally limiting the number of guests to
2 persons per bedroom, prohibiting the use of outdoor areas after 9pm and requiring a register of
complaints to be maintained.
4. CONSULTATION
4.1. Referral Agencies
The application was not required to be referred to any Referral Agencies.
4.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016.
Nineteen (19) properly made submissions were received, eighteen (18) of which were raising issues
of objection, one (1) submission in agreement that the proposed use suited the neighbourhood. The
location of the objectors in relation to the subject site is identified in the following image:
Figure 7 – Location of Submitters
Matters Raised Comments
Area is predominantly permanent residential – The surrounding area is a mix of permanent residential
short term accommodation will create issues and visitor accommodation predominately permanent
associated with noise, car parking, rubbish residential with generally limited delineation between
and loss of sense of community the two uses.
Pattern of development has been short term The proposed site is adjacent to three (3) short-term
on eastern side of Robert Street and accommodation uses (Como Noosa Luxury Riverside
permanent residential on western side Apartments, Sunset Cove Noosa Holiday Resort and
Reduction in stock of permanent residential Coral Beach Noosa Resort) and backs onto the Noosa
accommodation Breakaway Holiday units.
Approval of this application will create a Short-term accommodation is considered a consistent
precedent for the surrounding area which is use for the applicable zone.
primarily permanent residential Furthermore, the Short-term Accommodation proposal
There is no need for more holiday renting in does not prevent the site from being used for
Noosaville. permanent residential accommodation in the future.
Page 46 of 98
Section 47
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Matters Raised Comments
Robert Street is already congested due to The proposed premises consists of a double bay
overflow from Gympie Terrace garage and driveway that can provide off-street car
The proposed use will contribute to excessive parking for guests. There is still potential that on-street
on-street parking and potentially damaging car parking can occur, however this is no different to if
grassy verges. the property is being used as a dwelling house.
The proposed use will be conditioned to have a
maximum amount of eight (8) guests. The amount of
traffic generated from the proposed use is to be similar
to a dwelling house.
Already experiencing noise nuisance from a Noise nuisance is not acceptable in any short-term
nearby property and don’t want further noise or accommodation use and is investigated on a complaint
disruption basis.
The premises will not have an onsite manager It is recommended that conditions be included address
to control noise level of the guests. noise impacts of the proposed use including that
The recreation open space of the property is outdoor areas are not used after 9PM.
located along the frontage which increasing It is also recommended that the proposed use include
the chance of noise being an issue. a condition requiring an offsite manager that must be
contactable 24hrs a day, and resolve any complaint
within 30 minutes. The contact details of the property
manager must be displayed at the front of the premise.
Will negatively impact property values Monetary reasons are not accepted as valid factors in
the consideration of a Development Application.
Increase risk of damage to properties by drunk Damage to property from individuals are a criminal
guests. matter and should be notified to the police.
5. CONCLUSION & REASONS FOR DECISION
The application seeks to use a dwelling house, situated within the Medium Density Residential Zone,
for the purpose of short term accommodation. The key issue associated with the assessment of the
application is the potential for detrimental impacts on the amenity of the surrounding residential
properties. Whilst acknowledging that short term accommodation has the potential to impact on the
amenity of the area the proposed use has been identified as a consistent use within the applicable
zone and an extensive suite of conditions are recommended to address the operation of the use to
preserve the amenity of the area.
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 47 of 98
Section 48
ATTACHMENT 1
Page 48 of 98
ATTACHMENT 1
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Page 48 of 98Section 49
Page 49 of 98
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Page 51 of 98Section 52
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
3 MCU18/0009.03 - OTHER CHANGE TO DEVELOPMENT APPROVAL FOR MATERIAL
CHANGE OF USE - MULTIPLE HOUSING –TYPE 3 RETIREMENT & SPECIAL NEEDS AT
186 COOROY-NOOSA ROAD & 4 CARRAMAR ST, TEWANTIN
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/ MCU18/0009.03
Attachments 1. Proposal plans
2. Approved plans (Note: Attachment provided separately to this report)
APPLICATION DETAILS
Applicant Noosacare Inc
Proposal Material Change of Use - Residential care facility
Properly Made Date 8 October 2020
Information Request Date 3 November 2020
Information Response Date 27 November 2020
Decision Due Date 29 January 2021
PROPERTY DETAILS
Property Address 186 Cooroy Noosa Road, Tewantin
4 Carramar Street, Tewantin
RP Description Lot 2 SP 177554
Lot 19 RP 162486
Land Area 40,470m²
1,370 m²
Existing Use of Land Residential aged care facility
Vacant land
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Tewantin
Zone Community Facilities Zone
Environmental Management and Conservation Zone
Overlays Land Subject to Acid Sulfate Soils Overlay
Biodiversity, Waterways and Wetlands Overlay
Bushfire Hazard Overlay
Flood Hazard Overlay
Assessment Type Other Change to Approval Code
Page 52 of 98
Section 53
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 9 February 2021 regarding Application No. MCU18/0009.03 for an Other Change to
a Development Permit for Material Change of Use - Residential Care Facility situated at 186 Cooroy
Noosa Rd, Tewantin & 4 Carramar St, Tewantin and:
A. Approve the change.
B. Amend condition 1 to read as follows:
1. 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
A101A Existing Part Site Plan by Middap Architecture Feb 2019
A102A Proposed Site Works Plan by Middap Architecture Feb 2019
A103B B Proposed Building Plan by Middap Architecture Feb 2019
A104B B Site Plan with Section and Elevation References 18.03.2019
by Middap Architecture
A105B B Site Elevations by Middap Architecture 18.03.2019
A106B B Typical Villa Sections by Middap Architecture 18.03.2019
A201B B Villas and Service Core Floor and Roof Plan by 18.03.2019
Middap Architecture
A202B B Proposed Villas and Service Core 3D Views by 18.03.2019
Middap Architecture
A203A Proposed Entry Building Floor and Roof Plan by 18.03.2019
Middap Architecture
A204A Proposed Entry Building Elevations and 3D Views 18.03.2019
by Middap Architecture
A205B B Proposed Villa 1 and 2 Floor and Roof Plan by 18.03.2019
Middap Architecture
A206B B Proposed Villa 1 and 2 Elevation and 3D Views by 18.03.2019
Middap Architecture
A207A Proposed Villa 3 and 4 Floor and Roof Plan by 18.03.2019
Middap Architecture
A208A Proposed Villa 3 and 4 Elevation and 3D Views by 18.03.2019
Middap Architecture
1 PART SITE PLAN Received by
Council on
03.04.2020
2 BOUNDARY ELEVATION Received by
Council on
03.04.2020
1714-20 I Design Features Plan 1 of 7 by Callaghan & Toth November
Civil, Environmental & Hydraulic Engineers 2020
1714-27 I Design Setout Plan 1 of 6 by Callaghan & Toth November
Civil, Environmental & Hydraulic Engineers 2020
Page 53 of 98
Section 54
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
16519- D Proposed Permanent and Event Day Parking 08.09.20
C101 prepared by TOD Engineers & Project Managers
as amended in red by Council
C. Include the following additional conditions:
49. The car park in Lot 19 on RP162468 (4 Carramar Street) must only be used by staff.
50. No lighting is to be provided to the car park in Lot 19 on RP162468 (4 Carramar Street).
51. Access to the car park in Lot 19 on RP162468 (4 Carramar Street) must only be via the
existing access from Cooroy Noosa Road. In this regard a locked gate must be provided
to prevent vehicle access to/from Carramar Street.
52. To minimise potential noise impacts on adjacent residential areas, the western carpark
in Lot 19 on RP162468 (4 Carramar Street) must not be used between the hours of
6:30pm and 6:30am unless otherwise approved in writing by Council. A fence and gate
must be provided, generally along the eastern boundary of the Lot, preventing access to
the carpark between these hours.
53. The existing fencing to the northern and western boundaries must be maintained, if the
fencing is replaced the minimum height of any new fencing must be 1.8 metres.
54. Screening vegetation must be planted along the western boundary in accordance with
Council’s Planning Scheme Policy PSP2 - Landscaping. The planted vegetation must
have a minimum pot size of 45 litres and consist of native, endemic species with a mature
height of not less than 2 metres and a maximum spacing of 2 metre centres.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The application seeks to make an Other Change to the existing approval for Multiple Housing Type
3 – Retirement and Special Needs (32 beds) by providing some of the required car parking on the
adjoining lot at 4 Carramar Street, Tewantin and rearrange the approved car parking layout on the
existing Carramar site. The approval required provision of 161 car spaces based on a ratio of 0.92
car spaces per bed. The facility has a total of 174 beds.
The applicant advises that the proposal includes:
New carparking area on 4 Carramar Street for 15 cars.
Access to new carparking area via 186 Cooroy Noosa Road.
Carparking area to be bitumen sealed.
No lighting to be provided to carparking area.
Carpark to be opened from 6.30am to 4.30pm with gates closing the carpark after these hours.
Carpark to be predominantly used by staff.
Change to carparking spaces on 186 Cooroy Noosa Road including resulting in the relocation
of 14 carparking spaces to 4 Carramar Street.
Existing fence to be retained.
The revised carparking layout and use of Lot 2 is a result of a review of the existing maintenance
area where 12 carparking spaces were proposed to be located. The carparking spaces were
determined to remove valuable loading and unloading areas associated with maintenance
operations and as a result, the alternative solution of utilising the adjoining site was proposed.
Page 54 of 98
Section 55
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
The change application is before Council as the Development Permit was originally determined by
Council. The subject site and proposal plans are detailed in the following images.
Figure 1: Aerial photograph of subject site
Figure 2: Aerial photograph of site location
Page 55 of 98
Section 56
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Figure 3: Plan detailing new car parking area
Figure 4: Plan detailing overall car parking provision
Page 56 of 98
Section 57
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
2. SITE DETAILS
2.1. Background
The site was originally gifted from Noosa Shire Council to Noosa Care Incorporated in 1975 for the
purposes of providing aged care.
A substantial development known as ‘Carramar Noosa Homes’ is currently located on the site. The
complex has been operating over a number of years with several extensions progressively being
added to the facility. The existing development consists of 142 residential rooms containing one bed,
including a special care dementia building containing 32 rooms, and ancillary features including a
community centre, staff building and administration building.
A Preliminary Approval for a Material Change of Use Multiple Housing Type 3 Retirement and
Special Needs (MCU18/0009) was issued 21 August 2018. The original application sought a
Development Permit for an additional 48 beds in 6 accommodation villas. The Preliminary Approval
was issued due to the identification of development constraints related to the habitat of the
threatened Swamp Crayfish, flooding, wetland vegetation and car parking.
The applicant suspended the appeal period on 31 August 2018 and made representations on 2
October 2018. The representations sought a Negotiated Decision Notice to change the decision type
from a Preliminary Approval to a Development Permit for a Material Change of Use and amend
condition 1. The representations were approved on 15 November 2018 with an amended layout
providing for an additional 32 beds in 4 accommodation villas, resulting in a total of 174 beds on site.
A minor change application was submitted on 10 April 2019 which amended the layout of the
development. The single storey accommodation villas at the front of the site were deleted and the
built form to the rear of the site was amended from single storey to double storey with all 32 beds
being contained within the buildings to the rear of the site. This application was approved by Council
on 18 July 2019.
A further minor change application was submitted on 10 March 2020 seeking approval to amend the
approved plans to include fire-fighting pumps adjacent to the front boundary of the site. The
application was approved under delegation on 29 April 2020.
Since the time of the original approval the applicable zoning has been amended to reflect the
environmental values contained within the eastern part of the site and to incorporate the previously
residential zoned land abutting the western boundary to community zoning. Advice from Council’s
Strategic Planning unit is that the environmental zoning will be scaled back as it was not intended to
extend beyond the area dedicated to Council.
The following images detail the zoning at the time of the approval (2006 Noosa Plan) and the current
zoning of the 2020 Noosa Plan.
Figure 5: Land zoning (2006 Noosa Plan)
Page 57 of 98
Section 58
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Figure 6: Land zoning (2020 Noosa Plan)
2.2. Site Description
The site is an irregular shaped parcel of land and comprises an area of 3.6 hectares. The site slopes
gently from the western boundary down to the eastern boundary towards a well vegetated
watercourse which forms part of the open space system in the surrounding Noosa Parkland estate.
This area was previously in the ownership of Carramar however was dedicated to Noosa Council for
the purpose of Environmental Park to ensure the protection of the threatened Swamp Crayfish. Land
to the west, north and east is zoned for residential development and contains residential dwellings
of one to two storeys. The eastern boundary adjoins parkland, with Wooroi State Forest located
opposite the site on the southern side of Cooroy Noosa Road.
2.3. Surrounding Land Uses
North: Residential lots containing detached houses abut the northern boundary of the Carramar
site. A residential lot containing a dwelling abuts the additional lot proposed to be used
for car parking, the lot is also in the ownership of Carramar.
South: Cooroy Noosa Road
East: Environmental Park owned by Noosa Council and Reserve for Park and Recreation
owned by the State of Queensland under control of Council as Trustee
West: Residential lots containing detached houses
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
3.2. Statutory Process
The applicant has requested to make an Other Change to a development approval under s78 of the
Planning Act 2016.
Page 58 of 98
Section 59
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
3.3. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP
raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.4. 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 Local Plan Code
Community Facilities Zone Code
Special Residential Code
Driveways and Parking Code
Earthworks Code
Existing Services Code
Landscaping Code
Water Quality and Drainage Code
Locality Provisions
The subject site is located in the Tewantin Local Plan Area and is zoned Community Facilities. The
proposed use is identified as a consistent use with the zone and is required to follow an impact
assessable application process.
The proposal has been assessed against the Tewantin Local Plan area and is generally consistent
with the purpose of the code. In particular Overall Outcome 7.2.3.2(2)(t) seeks to ensure that land
which is planned for community purposes is protected to enable the efficient delivery of health and
social services. The zoning of the additional parcel, Lot 19 on RP162486 at 4 Carramar Street,
advances this purpose. The provision of carparking on this site is consistent with the intent and
serves to allow efficient development of the remainder of the Carramar land in accordance with
earlier approvals. However, the proposed car parking has the potential to raise amenity and privacy
issues for neighbouring residential properties. This is discussed further in the section below.
No detriment to the visual amenity of the streetscape and gateway into Tewantin is likely to result
from the proposed change.
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:
Page 59 of 98
Section 60
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Code Discussion
Community Development of parking on the adjacent site (Lot 19 RP126486) allows for the
Facilities Zone ongoing provision of services provided by Carramar Noosa Homes with expansion of
Code the services resulting from the previous approvals necessitating reorganisation of
parking and allocation of available land. The applicant has identified that the
provision of 15 parking spaces required by the previous approval would impact on the
existing maintenance and servicing area and the solution to accommodate additional
parking on the neighbouring parcel of land is a sensible outcome that will have
minimal impact on the surrounding area.
Acceptable Outcome AO7.1 identifies that Lot 19 on RP162486 should be retained
for residential care uses. The proposed carpark is an ancillary aspect of the
residential care use and as such is consistent with the acceptable outcome and
performance outcome of the code.
Special The proposed change is consistent with the use code. The proposed use does not
Residential intensify the use and no additional GFA is proposed. Lot 19 is of sufficient size and
Code dimension to accommodate the vehicle parking, access and manoeuvring in a safe
manner.
The applicant indicates that the proposed parking area is intended to be used
predominantly by staff and between the hours of 6:30am and 4:30pm. The property
to the north of Lot 19 is also owned by Noosacare Inc. and currently accommodates
a dwelling. The site to the west at 2 Carramar Street, also accommodates a dwelling
with approximately 42 metres of separation between the parking area and the
dwelling house. Potential impacts on the amenity of the nearby dwelling is expected
to be minimal with the existing shed in the rear of the neighbouring property buffering
the carpark use from the dwelling. To mitigate potential noise impacts on
neighbouring dwellings, it is recommended that a condition be applied limiting night
time use of the western car park in Lot 19.
Driveways and The applicant has demonstrated that sufficient manoeuvring space is provided for
Parking Code vehicles using the proposed car park. There is sufficient width for passing vehicles
in the access driveway without need for greater width in the gateway. The applicant
also indicates that gates providing access to the carparking area will be closed
outside of the proposed operating hours to prevent night-time use. This will further
mitigate any potential amenity impact on adjacent dwellings by removing the ability
for the area to be used at night. It is recommended that a condition to this effect be
applied.
4. CONSULTATION
4.1. Referral Agencies
The application was not required to be referred to referral agencies.
4.2. Other Referrals
The application was forwarded to the following internal Council officers whose comments are
incorporated into the above discussion:
Environmental Officer
Development Engineer
4.3. Public Notification
The application was not required to be publicly notified.
Page 60 of 98
Section 61
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
5. CONCLUSION & REASONS FOR DECISION
The proposed carparking area is to be located on Lot 19 on RP162486 directly adjacent to the
existing Carramar residential care facility. The internal rearrangement of parking within Lot 2 SP on
177554 resulting from the recent approval of changes to the residential care facility can ensure that
the required parking numbers are able to be provided, however, would also result in the loss of a
valuable maintenance area to additional car parking. The applicant has proposed an alternative
which seeks to accommodate 15 of the required parking spaces on Lot 19 to allow retention of the
maintenance area.
The change is an ‘other change’ only because the application includes a new parcel of land not
previously included in the original application. The change application is put before Council because
the original Development Permit was also decided by Council.
The proposed change is consistent with the planning scheme and raises no significant issues that
cannot be conditioned. The application is recommended for approval subject to appropriate
conditions.
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 61 of 98
Section 62
ATTACHMENT 1
Page 62 of 98
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SUPERVISION, THE CONTRACTOR WILL MEET / | | TH — —
COMPACTION TESTING COSTS / yi 240 pe | as J PP R/S 4 Parish of TEWANTIN
* Sier tow Wo" Srae SF Soon | I i, hd pd WOOeh SHIRE CO
See aa ee ate / x Th + |] tzaty ot TENA
mim f i TOIT rgd | eevee yy W
ROO (OR 100% ROO IF 300mm BELOW ROAD “ 1-4]. 2 > | (7 4, 3 NP \ lity
SUBGRADE). REMOVE ANY UNSUITABLE MATERIAL / | 1 | =e e es 5 EXISTING
AND REPLACE WITH APPROVED FILL STOCKPILE / | { / | { / T V h Tr ee
AND RE-SPREAD ALL USEABLE TOPSOIL. / | J | | | } | _ — it ~ J
3. APPROVED FILL TO BE MINIMUM SOAKED CAR 6, y~ | { ;2 ;4 7] | 1 4/| | if NEW CONCRETE 4 fac
FREE OF ORGANIC MATTER, MAXIMUM AGGREGATE | | | | | / ! | / f FOOTPATH 1 012525 3155 625 ues 1
SIZE < 50mm. PLACE IN MAXIMUM 200mm i \ l 1 | | | | | rs | }
LAYERS AND COMPACT TO 98% RDD (65% ROO is tH | } | | t y scale
FOR COHESIONLESS SOIL). COMPACT TO 100% ines nl | J f ‘ 1:250(43) Bo Not SAL ea Dann
RDO IF 300mm BELOW SUBGRADE. e > ayy h / ; DMENSENS PRINTED
cummeron To VERA wees [RO LI fe. (ems SC~*S
4. CONTRACTOR TO VERIFY ALL INVERT LEVELS. ue NZ |S ae ig og —
OBTANABLE PRIOR TO COMMENGEVENT OF WORK 6 AKON FA BS i == “ fra] reason deta ——SSSCSC~d
Jf Sf L / a = te J \ [> | FOR APPROVAL REVIEW [03/20]
5. WORKPLACE HEALTH AND SAFETY ACT. 1995 ALL / a Fo HE ae [= | ISSUED FOR CONSTRUCTION [06/20]
WORK IS TO BE CARRIED OUT IN ACCORDANCE i, / / i \ - \f eras i / / OT REVISED FOR CONSTRUCTION [07/20]
WITH THIS ACT AND IN PARTICULAR THE ff ‘ “ j in. ae a i / / ‘ 7 a tp [G | REVISED FOR CONSTRUCTION
Hea SO Re THE REQUIREMENTS Jf Sf | ' ara) \ / fe oS! / ~ / Pi REVISED FOR CONSTRUCTION [09/20]
6. CONTRACTOR SHALL VERIFY BENCH MARK LEVELS { § ~~ eS / \ ‘ied ~ a“
AND AOMISE THE, SUPERINTENOANT OF ANY co . ~y ff |\_ <x a fos
DISCREPANCIES PRIOR TO COMMENCING TO “oe / ye A oto \ ~~ <a...
CONSTRUCTION. \ it Oe a ah \ \ \ \ Ny fo
7. CONTRACTOR SHALL VERIFY THE LOCATION OF rt 4 ee, ~ wo ‘ \ We KO YEG PROGRESS\1714\DESION
a EXISTING SERVICES PRIOR TO IsTING OS / enn nn” Ls ——_—~0 / fil
SERVICES AND STRUCTURES ARE TO BE ~~ yi — ATE | PR APPROVAL
MAINTAINED IN GOOD ORDER FOR THE DURATION \ ON fo werner a " $ "
OF THE CONTRACT. ANY COST ASSOCIATED WITH ~~ Ty “ AN & A
REPAIRING DAMAGE TO EXISTING SERVICES SHALL ~ Oe a lof Se Alexander David Toth 5069
BE PAID FOR BY THE CONTRACTOR. \ . a — a a7 NAME REQ Sheet 8 of 38 sheets
8. ALL LEVELS TO AHD. ~ se ‘ SO wae SS. ws Growing number
9. UNLESS SPECIFIED OTHERWISE ALL MATERIALS SSC ee \ “ ae dS /20 1714-20
AND WORK SHALL COMPLY WITH THE RELEVANT SS Tee SS SIGNED DATE
AUSTRALIAN STANDARDS. SS ee Sn oe anal i 7 a
Page 62 of 98Section 63
Page 63 of 98
ae T 7 Z . 7 7 Fy T TTT = 0 T
Bh pe f \ J fF ee | i Cay SE LEGEND: PROPOSED SERVICES Callaghan & Toth
/ fe f \ 3 z e 4 oT a¥ JS iy PROPOSED TWO COAT BITUMEN SEAL Ist COAT C170 1.51/sqn & Sham precoated \ Civil, Environmental &
{. ; j Pn, f y y é § / a ( oS Tt ht shone 100sqm/cun, 2rd COAT C170 0.81/sqn & Tam precoabed stene 170sqm/cum. \ Hydraulic Engineers
. / ¢ Nb ytee, |e i gH { f WANN Fe UU, 500 mmm thick base course type 2.1 gravel compacted to 100% std \Al
/ Le See fey v $ { i bY a ae at Stn thick type 23 gravel conpacted to 100% std (subjact to CBR result). i Po BOK 2305
j a ee ed f “a oN , 2 & / Oo Vat SN} ON bee ee if | ( mse
/ he RE Pron oo ae eey f y “iN Yo ia a oo . Ld PROPOSED CONCRETE DRIVEWAY & FOOTPATH REFER To ARCHTECT PLANS PLANS tI i " 1.16/90 Goodchap Street
/ 7 7 §\ f oN on S&S A A\\\\ WSC eee i FOR DETAILS wn caloghanansh *74806
/ / Fi rr OS Pn, Se “SH - mE We YW ws 5 -
j f PS f > > S$? a - —~ Wf eer dl EXTENTS OF FILLING, CLEAR, GRUB 4 STRIP AS PER PLANS 17-19, THEN FLL & 9 Gatun AHO DERIVED
Sf JS -4#f | f = mod OER TOA ) Es COMPACT To NOTES ON PLAN 20 AND AS3798 LEVEL 1, TOPSOIL, MULCH & TURF [AS ested
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f f / . i? § Aa ~ } . / b 1 MURRAY & ASSOCIATES
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, ST} 2 ¥ OP Ne ae PION. wg I eer ——_NEW STORMWATER REFER TO DESIGN SETOUT PLANS FOR PROPOSED PERMANENT AND
y } ‘. 4h f uw str ay — ee f Ls —— \— MATERIAL TYPE & SIZE EVENT DAY PARKING
/ AT = \ of mK Ae bat " Peas | na } oO J} / ov LESS THAN 60¢mnl, REFER TO DESIGN SETOUT PLANS FOR SIZE, CARRAMAR MCU18/0009
‘ cb? on SL hg = ° pe “cet $7 / o TT —— sw ———_ NEW TANK & PIT DRAINS PIPE CLASS Pins OR PN9 (WHERE COVER
coe od u 5 { nc / ° ‘ mee ~~ AEH ae / M LA NEW ABOVE GROUND 3ne 1,000 POLY RANWATER TANK SUNKEN 750nm NTO
a ae Ve J f Pa Oe a i a uf . v
ar Le + ¥ / } moe PP XM AS | / ee GROUND TO ARCHITECT SPEC. WITH FRST FLUSH DIVERTER & REUSE OF WATER TO -
ac ot Woe 7 , hf ‘ yh / / TOILETS & HOSE COCK AS PER HYDRAULICS DESKN, Client
Ee | ~< 7 \ , . ~ / i TK, See” : of Jf NEW IN GROUND| SOUTH TANKS 200mm BELOW GROUND. 3.5n@ %6,000L ALLCAST NOOSACARE, INC.
L go Vas , / Y / Lay | Loot J paw, PRECAST CONCRETE CLASS B RAINWATER TANK WITH ARST FLUSH DVERTER &
2 | A AZ ~ ! / L f } | mea YY REUSE OF WATER TO TOLETS & HOSE COCK AS PER HYDRAULICS DESIGN.
ree be roy et OQ A ~ i a i, 7 ——> 1 ——— _}EW SWALE DRAW To LANDSCAPE DETAILS on
, A . / f } ‘, 4 s Z , </ | °
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my ‘ / / : Xt , Y [ | [ | T ae Ai en 1 & NEW 600x600 Sw PIT W/ CONCRETE LID PLAN 1 OF 6
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a / _— , ‘® | | | {| {ty | | Serre errr 1.2 WIDE x 1.25 DEEP TOPSOLED, FERTILISED TURFED SWALE.
| Loon = } } | IZ A } | | + | } NSIS A If eo ( [edna ROLL THEN MAINTAIN TURF TILL PRACTICAL COMPLETION LOT 2 on RP177554
} / Va _ / } j i_— rif » | | latte ma \
j / _ / } ty | AL
y (mmm ff ft My © Parish of TEWANTIN
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se OF OM “ / J / ey ae “ik = j XK —— .
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| / poe / / e TATA]. fl RZ fe ft @ ia | { \ .
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| . } } y be Safe AN, I | } { ! } No k . seale
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Roe bet IQ fie = pas f / 1250083) Rear tMeeens Peace
eee 0S eae ee, a OT , beerer af, -* \
“hl iY 4 ASR fl ==
or | se0szs.6er | Tas01s3.689 y , f «2 #5 XN I Ss Te | ISSUED FOR CONSTRUCTION 106/20}
[02 | soase.sas | tosois2sos | 4h, fo, ge A / } {| . / af | RESED For consTRvCTION [08/20
Tos | sovevsses | Tos0ias0s | ffl f~ f£ 4 { \ \ SO ys ff / ay / a L TAT REVISED FOR CONSTRUCTION [03/20]
yo% | _500945.676 rrr fp fo _ | Se / yf |e , . 3 J. 16. CD eensen ror wPPROVA (1/20
Pos [sense fT reonean J S| ~ = YS OWNING —<X—
Par [sons [rare Je) - CGN» AA SSS
[a [ sesso | roeontzea JS NS ~ 7 ot wie ED She 15 38 sets
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| 16 | 500943.800 7080135.936 |S Se pe , NY SIGNED DATE
] 17 | Soos2ns36 | roao721 | SSS SS See ee — — date NOVEMBER 2020
SSS SS EEE ee —~ hye eteteboGu . b
Page 63 of 98Section 64
Page 64 of 98
a : as ee)
— ——E—— —_—___———— SPACES | SPACES
[5] 1 NEW CAR PARK I 2
[2 [ROUND LEVEL SPACES AGIOINNGRONWAY __——SSSCSC~d Se iP
| | z] [3 __[BASEMENTAREAUNDERACTMITYBLOCK sd (SEMENT AREA UNDER ACTIVITY BLOCK [| 2 |
NN | -_ [4 | erouno uve: Seace AnACENTTORGEBLOOE Ci SY
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LODGE rar Tt a ca PROPOSED NEW CAR PARKS
| LODGE | el en — = 7 Y —————————————
| — ] 5
— | . - igh" po sustora ee
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| LODGE A N\Nilfo BLOCK (8) TY
| oe ) | ) er =e 7} El]
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- | 3 EMERGENCY BAY *y a ¥ AY!
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le |) Lopes ACTIVITY at \ oY
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SN | ROOM 1 ADMIN & \ |
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| i .
space : LODGE He C / tees [gr h 2% |MCU REQUIRED CAR PARKS
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. | a +1 K | | Wk < [3] INFORMAL CAR PARKS (174 STAFF x .21) 37
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4} ANGUS BLANCHE {i #\f——— ~ #
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2
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——__ . Jy Bs ~ U 3
amended to accord | OS ri Y yy ' 6NEWCARPARKS =
with approved plan | | a Age CS iM; Te A} |
1714-20 Revision i | ' K\ Se TY 7 ==. I ih f 1
prepared by WBAKXNY> | 3 Stil |
Callaghan & Toth ei | a a _e |
OS637 1&2 FOR DETAILS [9] rai * sf . | \ Wh PROPOSED WETLAND
° S00 eeco { , FENCE
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————= Tops EE een Ee
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Srinecaerwete pf NOOSA CARE INC. a CARRAMAR MCU 18/0009 PROPOSED PERMANENT AND
=== = —
es = SS ge ae TT
Page 64 of 98Section 65
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
4 MCU20/0090 - PLANNING & ENVIRONMENT COURT APPEAL NO D12 OF 2021 –
APPLICATION FOR AN EXTENSION TO SHOP/HIRE AND STORAGE BUILDING AT
JETTY 256 GYMPIE TCE, NOOSAVILLE
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development Department
Index ECM/ Application/ MCU20/0090/ Case/ Bayeno Pty Ltd
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 February 2021 regarding Planning & Environment Court
Appeal D12 of 20201 and agree to defend the appeal.
REPORT
On 17 December 2020 Council at its Ordinary meeting resolved to refuse an application to enclose
a front deck area and rear portion of an existing shed for U-Drive boat hire for the following reasons:
1. The proposal is contrary to Overall Outcome (ad) and Performance Outcomes PO22 and PO23
of the Noosaville Local Plan Code as the proposal will result in increased commercial
development on and adjacent the Noosa River and lead to the business operating outside their
lease area.
2. The proposal is contrary to Overall Outcome (b) and Performance Outcome PO2 of the
Waterways Works Code as the proposal will result in an increase in gross floor area and an
increase to the scale and intensity of commercial operations on the Noosa River.
3. The business already exceeds the operational capacity of the lease area, as evidenced by the
site’s compliance history, and increasing the enclosed storage space supports the continued
operation of the business at a scale and intensity that is not consistent and/or compatible with
the designated lease area.
Council also resolved at the meeting to request staff to meet with the applicant to discuss temporary
alternative solutions to storage and staff safety issues due to the COVID-19 restriction requirements.
Officers met with Mr Phillips from U-Drive boat hire on 23 December 2020 to discuss potential
solutions. At the meeting officers explored a number of options with Mr Phillips to address the
requirements of the business but no agreement was reached, with Mr Phillips indicating he would
not proceed with anything until after the busy Christmas period. At the meeting the following was
noted by officers:
There appeared opportunities to reorganise the shed and undertake some minor modifications
such as enlarging the servery window;
the lease requirements were not being met, with many craft located outside the lease areas
on community land;
Page 65 of 98
Section 66
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court. The applicant seeks that the extensions to the shed be
approved subject to reasonable and relevant conditions.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 17 December 2020, Item 2, Page 21
That Council note the report by the Development Planner to the Planning & Environment Committee
meeting dated 8 December 2020 regarding Application No. MCU20/0090 for a Development Permit
for Material Change of Use – extension to shop/hire and storage building, situated at Jetty 256
Gympie Terrace, Noosaville, and:
A. Refuse the application for the following reasons:
1. The proposal is contrary to Overall Outcome (ad) and Performance Outcomes PO22 and
PO23 of the Noosaville Local Plan Code as the proposal will result in increased
commercial development on and adjacent the Noosa River and lead to the business
operating outside their lease area.
2. The proposal is contrary to Overall Outcome (b) and Performance Outcome PO2 of the
Waterways Works Code as the proposal will result in an increase in gross floor area and
an increase to the scale and intensity of commercial operations on the Noosa River.
3. The business already exceeds the operational capacity of the lease area, as evidenced
by the site’s compliance history, and increasing the enclosed storage space supports the
continued operation of the business at a scale and intensity that is not consistent and/or
compatible with the designated lease area.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C. Request staff to meet with the applicant to discuss temporary alternative solutions to storage
and staff safety issues due to the COVID-19 restriction requirements.
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
Thynne Macartney – Tim Quirk
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance x Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 66 of 98
Section 67
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
5 MCU18/0166 – PLANNING & ENVIRONMENT COURT APPEAL NO. BD897 OF 2020 –
REFUSAL OF AN APPLICATION FOR SERVICE & UTILITY TYPE 3 (TOWER) AT 244
TABLELANDS RD, COORAN
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development Department
Index ECM/ Application/ MCU18/0166/ Case/ Aurecon
Attachments 1. Photomontages of Tower (Note: Attachment provided separately to this report)
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 February 2021 and agree to settle Planning & Environment
Appeal No. BD897 of 2020 generally in accordance with the following conditions:
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 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
4POM-51-45-CRNA-C2 B Overall Site Plan 10/01/20
4POM-51-45-CRNA-C3 C Site Setout Plan 10/01/20
4POM-51-45-CRNA-C4 C Site Elevation and Details 10.01.20
Nature and Extent of Approved Use
3. The maximum height of the development (including associated antennae) must not exceed 26
metres above ground level.
4. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
structure does not exceed the maximum height requirement of this Decision Notice.
5. No lights are permitted to be attached to the telecommunications facility, except where required
for aircraft hazard lighting purposes or similar.
Page 67 of 98
Section 68
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Health and Safety
6. The development must not, at any time during the life of the development, result in human
exposure to environmental electromagnetic emissions exceeding the current regulations,
standards and/or recommendations of the Australian Radiation Protection and Nuclear Safety
Agency (ARPANSA). The carrier of the infrastructure must provide, at any time upon request
by Council, written certification to demonstrate compliance with this condition. The written
certification must assume:
a. a maximum number of users over the lifetime of any pole or other supporting structure
b. full power usage
c. a maximum down tilt of antennae.
7. Warning information signs and security fencing must be provided on the site to prevent
unauthorised entry. Fencing must be set back a minimum of 2 metres from the front boundary
and must be camouflaged through the use of colours, materials and screening vegetation to
blend the fence into the visual landscape.
Colours and Finishes
8. The monopole, all associated antennas and the head frame must be finished in pale eucalypt
to assist in blending the tower visually into the landscape.
Vegetation Retention
9. The following trees must be surveyed and retained:
a. the three large trees marked as 7.1 and 7.2 on Figure NP7 of the Second Visual Amenity
Joint Expert Report dated 2 December 2020 (page 15); and
b. any tree with a trunk diameter at or wider than 200mm, in a 10m wide buffer within the
areas marked 5 and 5A on Figure NP7 of the Second Visual Amenity Joint Expert Report
dated 2 December 2020 (page 15).
10. For the purpose the development permitted under this approval, no clearing of vegetation is
permitted within reasonable proximity to the tower apart from those trees identified on Drawing
No. 4POM-51-45-CRNA-C5 Revision A prepared by Aurecon and dated 10 January 2020.
Cessation of Use
11. The tower facility must be removed from the site upon cessation of the use.
Stormwater Drainage
12. Stormwater runoff from the development must be disposed of on-site without causing scour or
damage to the subject site or any adjoining property.
Earthworks
13. All earthworks and associated batters must be contained entirely within the subject site. All
earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
14. A condition report of the existing formation of Tablelands Road must be submitted to Council
at least 10 business days prior to the works commencing. The report must:
a. be prepared by a Registered Professional Engineer of Queensland (RPEQ)
b. extend from the intersection with Falls Creek Road to the access to the subject site
c. include vegetation (roadside and overhanging) that has potential to be impacted by the
construction activities
Page 68 of 98
Section 69
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
15. Any damage to the existing road formation as a result of construction operations must be fully
repaired at the developer’s expense:
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.
16. 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.
Construction Management
17. A Construction Management Plan must be submitted to Council at least 10 business days prior
to the works commencing and must specifically address the following:
a. Traffic Management during all aspects of the construct phase including:
i. A Traffic Management Control Plan in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control
measures prior to construction
ii. Proposed fencing to the site during the construction phase of the development
iii. Adequate parking arrangements for construction workers
b. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment control
measures.
c. Works programme identifying key components of the works and their respective
durations.
d. Establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic and services and other relevant issues.
e. Include a post out to the local residents immediately adjacent to the site, and any persons
who were at one point part to Appeal No. 897/20 advising of the proposed development,
the expected time frames and the site contact details.
f. Include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details
g. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
Currency Period
18. The Currency Period for this development approval lapses if the use has not happened by 18
February 2027, unless an application to extend the currency period is approved by Council.
REPORT
Council, at its Ordinary meeting on 20 February 2020, resolved to refuse an application to construct
a NBN Tower on land at 244 Tablelands Road, Cooran for the following reasons:
1. The proposed infrastructure will compromise the scenic amenity and regional landscape in an
area identified by the SEQ Regional Plan as being of regionally significant scenic amenity
contrary to the strategies referred to in Element 4 of Chapter 3 Goal 4:Sustain.
Page 69 of 98
Section 70
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
2. The proposed development is inconsistent with Desired Environmental Outcome 3.1.3 m) viii
of the Noosa Plan as the proposed development is visually prominent in the view from
premises along Tablelands Road.
3. The development application proposes a use that is inconsistent in the Rural Zone of the Mary
River Catchment Locality;
4. The proposal is inconsistent with the Mary River Catchment Locality Code in the following
respects:
4.1 The visual amenity enjoyed by users of nearby premises is adversely impacted contrary
to Overall Outcome 8.7.2 a)iii;: 6, Version Date: 26/02/2020 Document Set ID: 21092349
Page 2 of 20
4.2 The scale and form of the structure is not integrated into the landform and landscape
contrary to Version Overall Outcome 8.7.2 k)iii;
4.3 The siting of the proposed structure does not protect significant views to Mt Cooroora,
Mt Cooran and Mt Pinbarren contrary to Overall Outcome 8.7.2 v) and Specific Outcome
O2;
4.4 The scenic values and rural amenity of the locality are adversely impacted contrary to
Overall Outcome 8.7.2 mm)ii;
5. The proposal is inconsistent with the Infrastructure Uses Code because it,
5.1. Detracts from the rural and residential visual amenity enjoyed by residents and visitors
to the area and does not satisfactorily visually integrate with the landscape contrary to
Overall Outcome 14.37.2 b) and Table 1 of Planning Scheme Policy 23; and
5.2. Fails to co-locate with the nearby existing telecommunications facility contrary to Overall
Outcome 14.37.2 c).
6. The proposed tower, if approved, would be afforded immunity under the Telecommunications
Act 1997 enabling further extension of up to 5 metres without further reference to Council
which, if implemented, would further exacerbate the adverse visual and rural amenity impacts;
7. The visual impact of the proposal on a number of premises in the area, which have direct line
of sight in their viewshed, is considered significant and unacceptable for those residents.
8. The applicant’s visual impact assessment fails to satisfactorily assess the degree and extent
of visual impacts resulting from the proposed development and it is considered impacts are
likely to be greater than has been currently identified.
The application was referred to Council due to the high public interest in the application, its
inconsistency with the Planning Scheme and the visual impact of the proposal on the surrounding
area. A total of 442 properly made submissions were received by Council in response to the public
notification of the application. All public submissions expressed their objection to the proposal.
The proposal involved construction of a 35 metre NBN tower on land at 244 Tablelands Road,
Cooran located on a knoll in the Cooran hinterland, off Tablelands Road, approximately 100m
upslope of an existing 30 metre telecommunications tower (Refer Location Diagram in Figure 1
below). A visual impact assessment of the proposal was submitted by the applicant and
subsequently peer reviewed by Council’s Visual Assessment Consultant.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Figure 1 – proposed tower location
In response to Council officer’s concerns around the visual impact of the proposal, the applicant
changed the application following the public notification period, reducing the height of the tower to
25 metres. With antenna attached, the overall height would now be 26 metres. At the reduced height,
the applicant expects to be able to service approximately 247 premises located in Cooran and parts
of Pinbarren, Pomona and Traveston with a direct line of sight to the tower. It should be noted that
without a direct line of sight, a premises may have patchy or no connection to the NBN services
provided by the tower.
A second visual impact assessment was submitted and again reviewed by Council’s Visual
Assessment Consultant. Despite the reduction in height, the proposed tower was still considered to
result in an unacceptable level of adverse visual amenity on the surrounding area, particularly the
immediate surrounding area. Of the premises that were examined in detail, one property at 298
Tablelands Road would be affected to a greater degree than most. Figure 2 indicates the potential
visual impact of the tower illustrated by a temporary installation of a cherry-picker at an overall height
of 25 metres from ground level, in the location of the proposed tower. The proposed tower would be
located approximately 440m from the proposed house site in this location.
Figure 2 - View from proposed house site at 298 Tablelands Road
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
As a result of Council’s decision to refuse the application, the applicant lodged an appeal to the
Planning & Environment Court. The applicant seeks that the development should be approved.
A number of submitters elected to join the appeal as co-respondents (15 co-respondents) and have
actively been involved in the appeal, including mediation with the Court registrar, though did not
choose to be legally represented or to engage their own experts for the appeal.
During the course of the appeal, mediation was attended with the Court registrar and 2 joint expert
reports for visual amenity were prepared by the appellant’s expert and Council’s expert. Extensive
photomontages were also prepared by the appellant from key vantage points to demonstrate the
likely visual impacts of the tower on the surroundings. These photomontages are included as
Attachment 1.
From the visual amenity joint experts report it is clear the visual experts agree that:
1. The photomontages demonstrate that the proposed tower will achieve reduced prominence in,
and reasonable integration with, the surrounding landform and landscape due to (various
combinations of) the distance to the proposal, vegetation forming part of the backdrop and/or
intervening landscape, and the proposal remaining below the local tree line and distant skyline.
As a consequence of the above levels of integration, the proposal will achieve a reasonable level of
compatibility with the rural setting.
2. The scenic values, and significant views, of the local area will be generally maintained and not
materially impacted because the proposal will not obstruct views to important landscape
features, will not protrude above prominent tree lines or the skyline, and will present as a small
object in wide views of the landscape, wherein it will not fundamentally change the qualities
which define the character and scenic amenity of the local area.
3. In order to ensure the degree of integration depicted in the photomontages, vegetation on the
subject land that has a critical role in assisting with the integration of the tower (particularly for
views from VP05,VP05A and VP07) should be surveyed and its retention conditioned.
4. In order to further reduce the potential for visual prominence, particularly for views from VP07,
the antenna should also be coloured Pale Eucalypt.
With regard to a hypothetical 5m extension, the photomontages assist to understand how such an
arrangement may appear and they indicate that the extra height would either not result in materially
greater impacts or, at worst (from VP07), would result in impacts of marginally greater significance
but where such an increase would not, in and of itself, elevate the impacts to be of high significance
and would not warrant refusal of the proposal on visual amenity grounds.
The visual experts also reviewed the relevant planning scheme provisions pursuant to the Noosa
Plan 2006 and Noosa Plan 2020 and in that regard it is noted that:
1. Mr Powell (for the appellant) considers that the proposal is appropriate in visual amenity terms
when reviewed against both the above planning schemes, subject to detailed design and
imposition of relevant and reasonable conditions, including such related to the survey and
retention of existing vegetation and the adjusting the colour of the proposed antennas; and
2. Dr McGowan (for Council) undertook an assessment of each individual planning scheme
provision and noted that the proposed development can be seen to achieve compliance with
the majority of assessment benchmarks; however, observes that the proposed tower will have
some impacts on the rural character and amenity of the area and that this results in a degree
of non-compliance, but also recognises that this non-compliance needs to be considered in
the context of those benchmarks which specifically contemplate towers to a height of 25 metres
in the Rural Zone (albeit when they are co-located with an existing tower), and those which
infer that a tower is visually integrated if it can be seen to be, among other things, camouflaged
through the use of colours and materials which blend into the surrounding landscape; and
unobtrusive when viewed from any part of the major road network.
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In reviewing the matter it is clear from the photomontages that the tower will be the most noticeable
from 298 Tablelands Road, with the tower either barely visible and/or of limited visibility from other
vantage points. In respect to 298 Tablelands Road officers raised concern with Council’s visual
expert about the observable difference between the visibility of the tower and the crane when viewed
from 298 Tablelands Road. In response Council’s visual expert advised that:
The crane was not a uniform shape - its irregularity probably made it more apparent in the
landscape;
The crane was white, while the tower is a more recessive colour;
The lighting on the day the crane was there appears to be different than on the day Mr Elliot
(for the appellant) took his photos.
In response to the photomontages Council’s town planning expert has advised that:
It is apparent from the photomontages that the proposed tower while visible (at 200% zoom), will not
significantly impact upon the visual amenity of neighbouring properties or the Cooran locality more
generally. Dr McGowan also supports this position.
I expected the tower to have a greater visual impact when viewed from the proposed building pad at
298 Tablelands Road. While the tower will have some visual impact when viewed from this location,
the proposed tower does not extend above the tree line at 25m; it does extend above the immediate
tree line but not the distant tree line at 30m, and does not extend into the skyline. Currently, the tower
is screened by vegetation from the neighbouring property at 250 Tablelands Road. In my opinion,
the visual impact from any of the vantage points does not warrant refusal.
It noted under the Noosa Plan 2020, a Telecommunications Facility is a consistent but impact
assessable use where located at least 100 metres from any sensitive land use, which is the case
here. It is understood that the proposed tower is about 100m from the dwelling at 250 Tablelands
Road. Further, under the Infrastructure Activities Code (Part 9.3.11), the following are relevant:
AO16.1 – Telecommunications facilities are considered appropriate in the Rural Zone, which
is the case here;
AO16.4 – the height of the tower does not exceed 25 metres outside the Urban boundary,
which is the case here;
AO16.5 – if co-located with another existing facility, the tower is not to exceed 30 metres
outside an Urban boundary, which accounts for a possible future extension of 5m as of right
under the Telecommunications (Low-impact Facilities) Determination 2018 (under the
Telecommunications Act 1997.
While the development does not meet all of the acceptable outcomes (AO16.3) at this part, it would
meet the performance outcome PO16, in terms of impact upon amenity. It is noted that these
provisions are largely consistent with Planning Scheme Policy 23 – Telecommunications Towers
under the Noosa Plan 2006 (refer page 13 of the Council officers assessment report).
In my opinion, having regard to the photomontages prepared, the proposed tower will not have a
significant adverse impact upon the amenity of neighbouring residential properties and the Cooran
locality more generally.
Council’s solicitor therefore advises that Council’s prospects in the appeal are limited.
Given Council’s experts’ advice, the conclusions of the joint visual expert report and Council’s
planning solicitors advice, it is recommended that Council seek to settle the appeal subject to the
conditions recommended.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Previous Council Consideration
Ordinary Meeting Minutes, 20 February 2020, Item 1, Page 9
That Council note the report by the Development Planners to the Planning & Environment Committee
Meeting dated 11 February 2020 regarding Application No MCU18/0166 for a Development Permit
for Material Change of Use Service and Utility - Type 3 Tower, situated at 244 Tablelands Rd, Cooran
and:
A. Refuse the application for the following reasons:
1. The proposed infrastructure will compromise the scenic amenity and regional landscape
in an area identified by the SEQ Regional Plan as being of regionally significant scenic
amenity contrary to the strategies referred to in Element 4 of Chapter 3 Goal 4:Sustain.
2. The proposed development is inconsistent with Desired Environmental Outcome 3.1.3
m) viii of the Noosa Plan as the proposed development is visually prominent in the view
from premises along Tablelands Road.
3. The development application proposes a use that is inconsistent in the Rural Zone of the
Mary River Catchment Locality;
4. The proposal is inconsistent with the Mary River Catchment Locality Code in the
following respects:
4.1 The visual amenity enjoyed by users of nearby premises is adversely impacted
contrary to Overall Outcome 8.7.2 a)iii;: 6, Version Date: 26/02/2020 Document
Set ID: 21092349 Page 2 of 20
4.2 The scale and form of the structure is not integrated into the landform and
landscape contrary to Version Overall Outcome 8.7.2 k)iii;
4.3 The siting of the proposed structure does not protect significant views to Mt
Cooroora, Mt Cooran and Mt Pinbarren contrary to Overall Outcome 8.7.2 v) and
Specific Outcome O2;
4.4 The scenic values and rural amenity of the locality are adversely impacted contrary
to Overall Outcome 8.7.2 mm)ii;
5. The proposal is inconsistent with the Infrastructure Uses Code because it,
5.1. Detracts from the rural and residential visual amenity enjoyed by residents and
visitors to the area and does not satisfactorily visually integrate with the landscape
contrary to Overall Outcome 14.37.2 b) and Table 1 of Planning Scheme Policy
23; and
5.2. Fails to co-locate with the nearby existing telecommunications facility contrary to
Overall Outcome 14.37.2 c).
6. The proposed tower, if approved, would be afforded immunity under the
Telecommunications Act 1997 enabling further extension of up to 5 metres without
further reference to Council which, if implemented, would further exacerbate the adverse
visual and rural amenity impacts;
7. The visual impact of the proposal on a number of premises in the area, which have direct
line of sight in their viewshed, is considered significant and unacceptable for those
residents.
8. The applicant’s visual impact assessment fails to satisfactorily assess the degree and
extent of visual impacts resulting from the proposed development and it is considered
impacts are likely to be greater than has been currently identified.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Ordinary Meeting Minutes, 30 April 2020, Item 4, Page 8
That Council note the report by the Development Planner to the Ordinary Meeting dated 30 April
2020 regarding Planning & Environment Court Appeal No. BD897 of 2020 and defer consideration
of the matter to the May round of meetings to allow Councillors to obtain further information.
Ordinary Meeting Minutes, 21 May 2020 Item 4, Page 8
That Council note the report by the Development Planner to the Ordinary Meeting dated 30 April
2020 and the further report by the Manager Development Assessment to the General Committee
Meeting dated 18 May 2020 regarding Planning & Environment Court Appeal No. BD897 of 2020
and agree to defend the appeal
Finance & Risks
Should Council not wish to settle the appeal, there will be further costs in defending the appeal and
based on the joint expert and Council’s planning solicitor advice, a favourable outcome by trial is
unlikely.
It should be noted that some co-respondents have recently withdrawn from the appeal following the
second joint visual expert report and officer’s advice that they would recommend settlement to
Council. Other co-respondents have advised that when Council resolves its position at the February
round they will adopt the course that Council takes. In the absence of all co-respondents taking a
similar position, the appellants are likely to push to complete the town planning joint expert report
and progress a hearing in March 2021.
Consultation
External Consultation - Community & Stakeholder
Thynne Macartney – Tim Quirk
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 75 of 98
Section 76
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
6 DRAFT BUSHLAND RESERVE STRATEGIC MANAGEMENT PLANS
Author Principal Environment Officer, Peter Milne and
Natural Areas Technical Officer, Michael Lyons
Environment & Sustainable Development Department
Index ECM/ Subject/ Bushland Reserves
Attachments 1. Draft Noosa Bushland Reserve Strategic Plan 2021-2026
2. Draft Noosa Bushland Reserve Strategic Fire Management Plan 2021
(Note: Both attachments are provided separately to this report)
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Principal Environment Officer and Natural Areas Technical Officer
to the Planning & Environment Committee Meeting dated 9 February 2021 and resolve to commence
public consultation on the Draft Noosa Bushland Reserve Strategic Management Plan 2021-2026
and Draft Noosa Bushland Reserve Strategic Fire Management Plan 2021 provided as Attachments
1 & 2 to the report.
REPORT
The Noosa Council Corporate Plan 2017-2037 states a 20 year goal: “Our environment is protected
and enhanced and is valued by the community”. The Noosa Environment Strategy also seeks to
“protect and enhance existing ecosystems, vegetation and habitats”. Council’s Bushland Reserve
network, with an area of 3469ha, makes a significant contribution to meeting these aspirations.
Bushland Reserves protect a diversity of vegetation types including rainforest, open forest,
woodlands, coastal heath and wetlands, providing habitat for many fauna species including Koalas
and Glossy-black Cockatoos.
The purpose of the Draft Noosa Bushland Reserve Strategic Management Plan 2021-2026 and the
Draft Noosa Bushland Reserve Strategic Fire Management Plan 2021 is to provide a clear strategic
prioritisation for the operational management of the Bushland Reserve network.
The plans provide a clear strategic framework that inform annual operational plans for works across
the reserve network. In some circumstances, complex or high-risk bushland reserves may have their
own, more detailed, management plans to support further prioritisation. Where these plans already
exist, or are required, is identified in both of the Strategic Management Plans.
Noosa Council is also currently working with other land management agencies to develop several
multi-agency operational fire management plans for high-risk areas where there are multiple
significant agencies or landholders involved.
Council’s Bushland Reserve network consists of 178 separate bushland reserves, each with their
own environmental, social and cultural values. It is therefore necessary to design management
actions based on priorities that best meet community needs, while recognising that management
resources are not unlimited.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
The purpose of this report is to seek Council’s approval to commence public consultation on the draft
documents which are discussed further below:
1. Draft Noosa Bushland Reserve Strategic Plan 2021
This 5-year plan identifies individual reserve values including biodiversity, waterway, carbon sink
capacity, social and cultural values. Potential threats to those values include invasive species,
bushfire, pollution and illegal dumping. The Plan assesses the potential for recovery from such
threats and this enables a priority ranking of the 178 bushland reserves into separate ‘Tiers’ of
management from 1 to 5, with 1 being the highest priority for management. The results of the
assessment are shown on Map 1 below.
Map 1. Bushland Reserve ‘Tiers’ which inform the levels of service for management. Green reserves are the
highest priority for management.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
The prioritisation shown in Map 1 informs the levels of service required by Council’ Natural Areas
team to protect, enhance or continue long term monitoring of the reserve.
2. Draft Noosa Bushland Reserve Strategic Fire Management Plan (FMP) 2021
In 2015 Council adopted the Noosa Bushland Reserve Fire Management Plan. Being a 5-year plan
this document is now up for review. The Draft Bushland Reserve Strategic Fire Management Plan
2021 replaces the 2015 Plan and has been updated to take a greater risk-management approach,
recognising that there are multiple factors involved including risks to staff and contractors,
neighbours and biodiversity.
Similar to the Draft Bushland Reserve Strategic Management Plan, the Fire Management Plan
applies a methodology to identify the highest priority reserves for management. Risk has been
assessed for:
On reserve: Staff, contractors, volunteers, visitors and biodiversity
Off reserve: Risks to neighbours
The risk assessment has been informed by the following mapping products provided by Queensland
Government:
Potential Bushfire Intensity mapping,
Broad Vegetation Group (BVG) mapping which informs planned burn frequencies
Bushfire Interface Zone mapping
Each of the risk categories have been weighted, with a heavier weighting towards immediate reserve
neighbours, and a final risk score applied. Those reserves with assessed Very High to High risks (as
shown Map 2) are identified as a priority for management and are included in a 5-year operational
plan of works to help mitigate risk to life and property.
These works may include fire trail widening or extensions and the establishment of Fuel Reduction
Zones (FRZ) and planned burns, depending on further on-ground assessment and site suitability.
The FMP also provides standards for fire trails, based on the level of risk along the common
boundary interface.
It is important to note that current bushfire risk levels can change very quickly (e.g. consistent rain,
lack of fire fuel load from a previous bushfire or planed burn, new roadways acting as fire break).
Map 1 is a strategic map only that does not consider current or recent mitigations already in place.
The final reserve risk assessment to inform works can only be done through consideration of current
data and information and through an annual on-ground assessment.
Bushland reserves in red and orange are assessed as having Very High to High Risk and are a
priority for fire management.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Map 2. Combined risk assessment of the Noosa Bushland Reserve Network.
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Section 80
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Public consultation
Council engaged Noosa and District Landcare to develop the first Draft Noosa Bushland Reserve
Strategic Management Plan 2021-2026 and discussions on the draft have been undertaken with
local Bushcare Groups. Staff have also been in contact with Queensland Fire and Emergency
Services and Safe Assure Risk Management on the Draft Bushland Reserve Strategic Fire
Management Plan 2021.
It is proposed that formal consultation on the draft Strategic Management Plans commences
immediately after Council endorsement of this report for a period of four weeks. Broad consultation
will be undertaken through Council’s Your Say Noosa webpage. Targeted consultation will be
undertaken with the key stakeholders listed in the consultation section below. Feedback from
consultation will be provided to Council in a future report.
Previous Council Consideration
Ordinary Meeting Minutes, 7 May 2015, Item 2, Page 3
That Council note the report by the Civil Operations Manager and Principal Environment Officer, to
the Infrastructure and Services Committee Meeting dated 28 April 2015 and:
A. Approve the Noosa Bushland Reserve Fire Management Plan 2015 - 2017, shown at
Attachment 1 to the report;
B. Note that fire management works proposed for 2015/2016 as set out in the Noosa Bushland
Reserve Fire Management Action Plan are subject to consideration as part of the 2015/16
budget process and that fire management works proposed for 2016/2017 will be reviewed
following the 2015/16 program and will also be subject to future budget consideration.
Finance
The Draft Bushland Reserve Strategic Management Plan provides a prioritisation mechanism for
funding that is provided and will not impact on the current Environmental Services operational
budget. Any requests for further resources will form part of Council’s normal budget process, and
will be based on the strategic priorities identified in the Plan.
The Draft Bushland Reserve Strategic Fire Management Plan prioritises reserves for fire
management actions. It is likely that the costs to deliver this Plan will impact on Council’s operational
budget. The actual costs to deliver fire management actions, once finalised, will be subject to
Council’s normal budget process.
Risks & Opportunities
Prioritising works inevitably means that some areas identified as lower risk will not have short-term
actions applied to them. Some residents may not agree with the prioritisation methodologies,
particularly if their local reserve is identified as a low priority for management.
The delivery of fire management actions is subject to internal and external resource availability. If
resources (such as qualified contractors or internal Council staff) are not available for delivery, then
it is unlikely the Bushland Reserve Strategic Fire Management Plan can be delivered to meet risk
mitigation objectives set by the plan.
Consultation
External Consultation - Community & Stakeholder
Previous consultation in the development of the Drafts:
Noosa & District Landcare
Safe Assure
QFES
Proposed broad consultation: Your Say Noosa
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Section 81
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Proposed targeted consultation:
Queensland Parks & Wildlife Service
Queensland Fire & Emergency Services
Department of Natural Resources, Mines & Energy
Kabi Kabi First Nation
Queensland Fire & Biodiversity Consortium
Sunshine Coast Council
Gympie Shire Council
Internal Consultation
Executive Team
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development x Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture x Environmental Services x Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 81 of 98
Section 82
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
6 REPORTS FOR NOTING BY THE COMMITTEE
7 DEVELOPMENT ASSESSMENT FEES & CHARGES VARIATIONS FOR 1 JULY TO
31 DECEMBER 2020
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development Department
Index ECM/ Subject/ Fees and Charges
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manger Development Assessment to Planning & Environment
Committee Meeting dated 9 February 2021 regarding waiver or partial waiver of development
application fees for 1 July to 31 December 2020 as detailed in the report.
REPORT
As part of Council’s budget each year, Council adopts its Fees and Charges for the financial year,
including its regulatory and commercial charges for lodgement of development applications.
The fees and charges policy for development applications cover a number of policy provisions
including delegation to the Director, Environment & Sustainable Development to “partially or wholly
waive a development fee where strict application of the scheduled fee is obviously unreasonable for
the type of application being received.”
This report identifies proposed applications where a fee variation has been granted for the last 6
months. Between 1 July 2020 and 31 December 2020 there were 11 proposed applications where a
partial waiver or full waiver of the development application fees was granted, with 6 agreed to, 4
requests agreed to in part and 1 refused. The tables below sets out a summary of each application
and the reason for the fee waiver.
Application No Applicant Application Fees & Charges Fee proposed
Details Policy
132004.5633.03 35 Rules Road Other Change $6,164.50 (original $6,164.50
Pomona – Impact (Additional fee is $12,329 but
Vipassana Centre Accommodations 50% reduction is
Qld Rooms, Meditation applied as not for
Halls & Facilities) profit organisation)
The applicant is seeking a complete waiver of the application fees for an Other Change application. The
application seeks approval to extend the existing centre by a further 1867m2.
The organisation freely offers residential courses at no charge. The course includes lodging and meals for
10 days. The applicant advises that the teachers conducting the course, managers and kitchen workers all
provide their services on a voluntary basis and receive no remuneration. The centre is run by donations.
The applicant is eligible for a 50% discount to their application fees being a not for profit organisation in
accordance with Council’s fees and charges policy. However, a complete waiver is not reasonable given
Council will incur costs in assessing the application.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Application No Applicant Application Fees & Charges Fee proposed
Details Policy
Not yet lodged All jetty builders Private Jetty $1486 Landing code $ 1486 Code and
$1486 Jetty Impact where
$2972 Total lodged as a joint
application
$1857 Landing
impact
$1486 Jetty
$3343 Total
The applicant is requesting a single combined fee where the MCU (Landing) and OP Works (Jetty) are
lodged together. The applicant states that prior to the 31st of July 2020, the draft Noosa Plan did not
specifically mention that the Watercourses Works Code was changing, and that a new Material Change of
Use fee for a landing was being introduced on top of the Operational Works fee. There was also no
transition period for the introduction of the new fees and the applicant indicates the additional fee will be
detrimental to their business with the possibility of the business ceasing to trade.
The Noosa Plan 2020 was prepared over a 4 year period with an extensive community consultation period
and for this reason the applicants grounds for a fee variation are not considered warranted.
Notwithstanding this, review of the Noosa Plan 2020 identifies that there are limited additional provisions
in the new scheme for a landing and for this reason it is reasonable to continue to only charge the 1 fee for
applications for private jetties in Noosa Waters/Noosa Sound and review the fees and charges for 2021-22
where appropriate.
Application No Applicant Application Fees & Charges Fee proposed
Details Policy
MCU20/0078 Glenbrae Tourist Park $7,895.00 $3,947.00
Operation Pty Ltd (20 sites)
The applicant is seeking a reduction in development application fees for an Impact Assessable Tourist Park
at 154 Holts Rd, Cooroy.
The applicant has had a previous approval for a Temporary RV Stop which had to be renewed every year.
The applicant missed the last renewal and now the application has lapsed. Hence the new lodgement.
Under the Noosa Plan 2020, the use falls under a Tourist Park. The applicant suggests that he was advised
that the new application would attract a fee of $3,000, although staff have no recollection of this and it does
not match any fee in the fees and charges policy.
Notwithstanding this given the development has previously been assessed and the proposal remains
substantially the same it is reasonable to reduce the application fee to 50% of the fee, noting that the matter
will require a report to Council and further submissions are likely to be received from nearby residents.
Application No Applicant Application Details Fees & Charges Fee proposed
Policy
RAP20/0039 Project BA Additions to Detached $2241 $1166
House – height &
setbacks at 30
Nairana Rest, Noosa
Heads
The applicant is requesting a reduction of applicable development application fees as the house at 30
Nairana Rest, Noosa Heads is existing and not a new construction. The applicant states the non-
compliance referral is for design and siting and would therefore like the siting fee to be applied ($924). The
applicant believes the referral is the same amount of assessment as a RAB. Alternatively, the applicant
has suggested the DBW fee of $1166 be applied. The assessment is minimal as the house is existing and
the additions are reasonably minor. The DBW fee of $1166 would be appropriate.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Application No Applicant Application Details Fees & Charges Fee proposed
Policy
DBW20/0035 Superior Garages Development Permit $1166 $0
for Building Works
assessable against
the Planning Scheme
– 400 Lake Cooroibah
Rd, Cooroibah
The owner of the property is seeking to rebuild their shed at 400 Lake Cooroibah Road, Cooroibah after it
was lost to the recent Cooroibah fires. The owner intends to rebuild the shed and an application is triggered
due to the Riparian Buffer Zone overlay affecting the site. In view of the circumstances it is considered a full
fee waiver is warranted.
Application No Applicant Application Details Fees & Charges Fee proposed
Policy
MCU20/0090 Bayeno Pty Ltd C/- Office (Ancillary to $7392 $2911
Martoo Consulting Landing - Extension to
Existing Jetty Building)
– 256 Gympie Tce
Noosaville
The applicant’s consultant is requesting a reduction in development application fees for an extension to an
existing office and storage facility on the site. The extension is located within the roof line of the building,
within the existing lease area, is only 11.4m² in size and is ancillary to the functioning of the existing
commercial jetty. The consultant states that no referral to any outside specialists in terms of engineering,
traffic or noise will be required and it does not introduce any new uses or significant impacts to the site. The
extension will not have any significant off site impacts in terms of impacts on visual amenity or engineering
aspects.
The applicant therefore requests a reduction in Council’s fee to more accurately represent the level of
assessment. As the office is ancillary to a landing, the impact assessable landing fee of $2911 is requested
to be applied.
Due to the relatively minor scale of the extension, it is recommended that the fee of $2911 be applied,
though notably a report to Council is likely to be required.
Application No Applicant Application Details Fees & Charges Fee proposed
Policy
MCU20/0106 Noosa Junction Food & Drink Outlet – $5914 $2218
Properties C/- Outdoor Dining – 1
Martoo Consulting Arcadia Street Noosa
Heads
The applicant’s consultant is requesting a reduction in development application fees for a Food & Drink
Outlet – Outdoor Dining on the site. The proposed outdoor dining is a consistent code assessable use in
the zone (Major Centre - Noosa Junction Hospitality Precinct). The use is consistent with the intent of the
Noosa Junction hospitality precinct. The conversion of the existing office tenancy is accepted development
and only the outdoor dining component triggers assessment. The area of the outdoor dining is only 24 m²
and consistent with the surrounding uses in the area. The amount of assessment required will be
considerably less than the $5914 applicable fee would require.
The applicant therefore a requests a reduction in Council’s fee to more accurately represent the level of
assessment.
Due to the relatively minor area of outdoor dining, it is recommended that the fee of $2218 (minor change
fee) be applied.
Page 84 of 98
Section 85
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Application No Applicant Application Fees & Charges Fee proposed
Details Policy
Not yet lodged Noosa Springs C/- Resort Complex $94,868 x 3 = $217,798
Shane Adamson (112 units) $284,604
Town Planning (Impact Inconsistent)
Bar / Café $10,398 x 3 =
$31,194 (Impact
Outdoor Sport & Inconsistent)
Recreation (2 x $7266
Tennis courts) (Impact Consistent)
Total: $323,064
The applicant has requested a fee reduction from the scheduled fee by removing the inconsistent fee
multiplier component.
the applicable fees are already substantial and considered adequate for the Council to assess the
proposal, which is the reason a fee is charged;
the land is partly included in the Tourist Accommodation Zone, and the proposal will form part of an
Integrated Resort Complex and is a logical extension to the development in this location;
the proposed Resort Complex, being purely for visitor accommodation, will provide substantial
community benefit, in terms of providing additional high-quality tourist accommodation choice in the
Noosa Area, long term employment, construction, and other economic and operational benefits;
the client sought to have the land included in the Tourist Accommodation Zone under the Noosa Plan
2020, which was agreed to in part;
it is not expected that the proposed development will not cause any adverse amenity or other impacts.
Whilst the tourist resort is supported in this area, the uses are only partly within the Tourist Accommodation
Zone and the majority (approx. 70%) is within the Open Space Recreation Zone and is therefore
inconsistent and impact assessable and subject to a multiplier of 3 for the resort accommodation and
associated commercial uses. The Outdoor Sport & Recreation component is impact assessable and
consistent and therefore not subject to the multiplier.
The zoning pattern is intended to reflect that part of the site which is affected by odour from the Cooyar St
treatment plant, though the zoning boundaries are not based on a detailed review of the likely odour
impacts.
Based on the applicant’s draft odour report previously provided, the resort units are primarily likely to be
located outside the odour buffer area, but the resorts outdoor facilities (ie pool and outdoor recreation area)
are located within the buffer but further work is required to determine this line.
The application will require a significant amount of time to assess, including the need for external consultant
assessments to review the proposal particularly odour and traffic.
The fee multiplier of 3 is considered excessive in this instance given the inconsistency is limited to primarily
the odour issue and therefore it is recommended that a multiplier of 2 be applied.
Application No Applicant Application Details Fees & Charges Fee proposed
Policy
OPW20/0212 Karen Hill Operational Works – $3389 $1166
Landscaping & Crossover at
93 Oriole Ave, Peregian
Beach
The applicant recently obtained a Development Permit for Building Works – Change to a Duplex for a new
garage. As part of the approval, a further development permit for operational works for landscaping,
driveway and crossover was required.
The works encompassed by the application are related to the recent change and include a new driveway
and some replacement landscaping in the front part of the site.
The applicant has requested a reduction in application fees based on the fact it is an established duplex and
they are merely rearranging the frontage so they can have more garden space and a more effective layout.
Due to the landscaping component, the assessment time will be more than for a standard driveway.
However, the assessment is significantly less than for a new development of the whole site and for this
reason it is recommended the base fee of $1166 be applied.
Page 85 of 98
Section 86
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
Application No Applicant Application Details Fees & Charges Fee proposed
Policy
MCU20/0127 & Devcon Capital 9 Low Impact Industry & $23,908.00
OPW20/0211 Pty Ltd C/- Warehouse (21 units)
Innovative 2800 m² of use area
Planning Solutions
Low Impact Industry $17,914.00
code assessment is
$5914 for the first 800
m² plus $6 per m²
thereafter
Warehouse code $17,914.00
assessment is $5914
for the first 800 m² plus Total MCU:
$6 per m² thereafter $35,828.00
Operational works base $5,994.00
fee for up to 1401 -
5000 m² for works
relating to material
change of use Total: $41,822.00
The applicant has requested a fee reduction from the scheduled fee by only applying the fee to one of the
uses.
The applicant advises that although they seek approval for both land uses to afford flexibility for the end
user/purchaser of the units, the individual units will operate as one of the defined uses and not both.
The applicant further feels that the applied fee is excessive in light of the assessment ultimately required
by Council and give the following key considerations:
In accordance with Council’s Fees and Charges 2020-21, the same development assessment fee
applies for both land uses, being $5,914.00 (up to 800sqm TUA) plus $6.00 per sqm TUA thereafter;
In accordance with Council’s Charges Resolution (No.5.1) 2020, the same chargeable rate applies for
both land uses for square metre GFA and for square metre impervious to stormwater;
In accordance with the provisions of the Noosa Plan 2020, the same assessable development codes,
being the Noosaville local plan code, Medium impact industry zone code, Industry activities code and
Works code apply to both defined land uses. We further note that there are no specific provisions
within these codes relevant to one use or the other and they apply identically to both land uses.
An almost identical proposal (albeit under the new Noosa Plan 2020 reflective of the current land use
definitions) has previously been approved over the subject site. The assessment provisions already
assessed by Council for a very similar development under the Noosa Plan 2006 are not too dissimilar
to the current provisions of the Noosa Plan 2020.
In light of the above, the applicant’s request is reasonable.
Application No Applicant Application Details Fees & Charges Fee proposed
Policy
MCU20/0009.01 173 Eumundi Noosa Other Change to $10,360.00 $7,770.00
& Rd & 3 Leo Alley Include Showrooms
OPW20/0018.01 Road, Noosaville
The application seeks approval to change the use of two approved industrial buildings for use as
showrooms. The proposal does not seek any alterations to the building form or layout and the applicant
submits that the proposal fully complies with carparking requirements. The applicant advises that the
proposed change is considered minor however does not meet the requirements of a minor change as
detailed under the Planning Act 2016 as it introduces a new use and must be assessed as an Other
Change.
Page 86 of 98
Section 87
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 FEBRUARY 2021
In accordance with Councils Fees and Charges 2020-21, Other Change applications attract a fee
applicable to the original type of development. In this instance Council fees are:
Showroom up to 450m2 : $ 5914.00
Showroom plus m2 thereafter: $6 x 741m2= $ 4446.00
$10,360.00
The applicant suggests the above fee is considered excessive based on the amount of assessment
required due to:
The showroom use is a consistent use in the zone
The showroom use complies with development parameters of the zone
The proposal seeks to allow a new use within approved buildings and no external changes are
proposed to the building form, carparking areas or services on the site.
The applicant therefore requests that Council apply a fee or $2218.00 which is attributable to a minor
change application.
It is agreed that a fee variation is warranted but on the basis of the current fees and charges policy
which provides for a discount of 25% for change of use to existing buildings.
Previous Council Consideration
The fees and charges for development applications for this period were considered by Council at the
special budget meeting in June 2020.
Finance
It is noted that the previously reduced application fee agreed to for 256 Gympie Terrace, Noosaville
was insufficient to cover Council’s assessment costs. The applicant has also now appealed
Council’s decision to the Planning & Environment Court and consequently this will mean further costs
to Council.
Risks & Opportunities
The fee variations are considered to be reasonable and adequately justified.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Nil
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 87 of 98
The text continues on section 88.