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10/0627 M2358 Planning Report.pdf [As Published] · 152010.627
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PLANNING
ASSESSMENT REPORT
215-219 David Low Way, Peregian Beach
Lot 8-10 on P9315 and Lot 76 on MCH2969
April, 2010
PLANNING ASSESSMENT TO
ACCOMPANY AN APPLICATION FOR:
A Development Permit for a Reconfiguration of a Lot
(one (1) lot into three (3) lots)
Prepared on behalf of:
SCANLON PROPERTY GROUP
JONES FLINT & PIKE PTY. LTD. ABN 79 050 414 045
JF&P CONSULTING ENGINEERS PTY. LTD. ABN 77 050 414 036
QUALITY ASSURED SUPPLIER . MEMBER OF CONSULTING SURVEYORS QUEENSLAND.
MEMBER OF URBAN DEVELOPMENT INSTITUTE OF AUSTRALIA.
MEMBR OF AUSTRALIAN INSTITUTE OF LANDSCAPE ARCHITECTS. REGISTERED PROFESSIONAL ENGINEERS
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EXECUTIVE SUMMARY
The Applicant, Scanlon Property Group, seeks a Development Permit for a Reconfiguration of a
Lot (one (1) lot into three (3) lots and principal common property) over land located at, 215-219
David Low Way, Peregian Beach and described as Lot 8 on P9315, Lot 9 on P9315, Lot 10 on
P9315 and Lot 76 on MCH2969 (amalgamated Lot 77 on SP231615). The proposal is
supported on the following grounds:-
In accordance with Reconfiguration Plan M2358-01 (Appendix C), the key elements of the
proposal are:-
The proposed Reconfiguration of a Lot – (one (1) lot into three (3) lots and principal
common property) consists of two (2) components, being:-
Component 1 - Amalgamation of four (4) lots (Lot 8 on P9315, Lot 9 on P9315,
Lot 10 on P9315 and Lot 76 on MCH2969) into Lot 77 on SP231615; and
Component 2 – Reconfiguration of a Lot (one (1) lot into three (3) lots and
principal common property)
In accordance with Schedule 3, Part 1 of the Sustainable Planning Regulation 2009,
Component 1 (Amalgamation of two (2) or more lots) is not deemed to be assessable
development under the Integrated Development Assessment System (―IDAS‖). Rather,
Component 1 is deemed to be subject to the Land Title Act 1994 (―LTA‖), and will be
processed by the applicable administering government body, being the Department of
Environment and Resource Management (―DERM‖), at the time the approved Plans are
Registered. The amalgamated site will be titled as Lot 77 on SP231615.
In accordance with the SPA, Component 2 (Reconfiguration of a Lot) of the proposal is
deemed to be assessable development under the IDAS. Component 2 seeks the
Council‘s approval to a Development Permit for a Reconfiguration of a Lot (one (1) lot
into three (3) lots and principal common property) in order comply with the conditions of
a related approval (Council Reference: DA2007/1259), and to provide a boundary
between two distinct future uses. Component 2 will create two lots in accordance with
Reconfiguration Plan M2358-01 (Appendix C). Proposed Lots 1 & 2 will have the
following areas and frontages:-
Proposed Lot 1 will have an area of approximately 0.22ha
Proposed Lot 2 will have an area of approximately 1.56ha
Proposed Lot 3 will have an area of approximately 0.53ha, and is to be
dedicated to the Council as parkland.
The proposal accords with the relevant elements of the SEQRP;
The proposal has been designed in accordance with the conditions of a previous,
related approval (Council Reference: DA2007/1259);
The proposed reconfiguration will allow for the future uses of the site to be effectively
managed.
The proposal accords with the applicable State Planning Policies; and
The proposal accords with the relevant sections of the Noosa Plan;
Please consider the environment before re-printing this Development Application.
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A summary of significant information pertinent to the site and the proposed development is
provided below:-
Site Details:
Applicant Scanlon Property Group
Existing Lots - Lot 8 on P9315, Lot 9 on P9315, Lot 10 on
Real Property
P9315 and Lot 76 on MCH2969
Description
Amalgamated Lot – Lot 77 on SP231615
Site Area 2.313ha
Street Address 215-219 David Low Way, Peregian Beach, 4573
Registered Owners Thomco Pty Ltd
Local Government Sunshine Coast Regional Council (Tewantin Office)
Noosa Plan Zoning Open Space Recreation + Semi-Attached Housing
Locality Eastern Beaches Locality
Applicable Council OM4.4 Eastern Beaches Natural Hazard: Bushfire and
Overlays Acid Sulfate Soils Overlay
Remnant Vegetation that is a least Concern Regional
Regional Ecosystem
Ecosystem.
Mapping
Vegetation Management Act Essential Habitat.
Site Description & Location Context:
The site is located at 215-219 David Low Way, Peregian,
Location
and will be described as Lot 77 on SP231615
The topography of the site falls at a fairly constant rate
from 9.0m on AHD at the eastern boundary to
Topography approximately 3.0m on AHD on the western boundary.
The topography can be described as gently sloping east
to west.
The site contains a band of vegetation along the western
Vegetation boundary, with sparse vegetation being present
throughout the site.
Application Details
Applicant
Scanlon Property Group
Application Type
Development Application for a Development Permit for a Reconfiguration of a Lot (one
(1) lot into three (3) lots and principal common property).
Level of Assessment
Code Assessable
Details
Development Application for a Development Permit for a Reconfiguration of a Lot (one
(1) lot into three (3) lots and principal common property).
Please consider the environment before re-printing this Development Application.
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Referral Agencies
In accordance with Schedule 7 of the Sustainable Planning Regulation 2009, the proposed
development triggers referral to the following State agencies. Details of this referral are
provided in the table below:-
Referral Agency Trigger Type
Department of
The site is mapped as
Environment and
containing referrable Advice
Resource Management
wetlands.
(DERM)
Department of The site is mapped as
Environment and being located within
Advice
Resource Management 100m of a Conservation
(DERM) Estate
The proposed
Department of development involves a
Environment and reconfiguration of a lot
Concurrence
Resource Management which potentially
(DERM) contains unexploded
ordnance (UXO)
Department of The site is mapped as
Infrastructure and being with the Koala Concurrence
Planning (DIP) Interim Habitat Area.
The development is
Department of Transport creating additional lots
Concurrence
and Main Roads (DTMR) on land related to a
State Controlled Road.
Please consider the environment before re-printing this Development Application.
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BASIC INFORMATION
Basic information relating to this development application includes:-
Applicant: Scanlon Property Group
Registered Owners: Thomco Pty Ltd
Address of Site: 215-219 David Low Way, Peregian Beach
Real Property Description: Existing Lots - Lot 8 on P9315, Lot 9 on P9315, Lot 10 on
P9315 and Lot 76 on MCH2969
Amalgamated Lot – Lot 77 on SP231615
Total Area of Subject Site: 2.313ha
Current Use of Site: Caravan Park
Locality: Eastern Beaches Locality
Land Use Zonings: Open Space Recreation + Semi-Attached Housing
Development
Approval Sought: Development Permit for a Reconfiguration of a Lot
Proposal: Development Permit for a Reconfiguration of a Lot
(one (1) lot into three (3) lots and principal common property)
Referral Agencies: Department of Environment and Resource Management
(DERM)
Department of Infrastructure and Planning (DIP)
Department of Transport and Main Roads (DTMR)
Existing Easements: EMT A on SP156199
Assessment Level: Code Assessable
Please consider the environment before re-printing this Development Application.
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TABLE OF CONTENTS
1.0 INTRODUCTION ..................................................................................................... 6
2.0 SITE DESCRIPTION ............................................................................................... 6
2.1 The Site and Surrounds ..............................................................................................7
3.0 PROPOSAL ............................................................................................................ 9
3.1 Proposal Details ..........................................................................................................9
3.2 IDAS Referrals ......................................................................................................... 11
3.3 Regional Ecosystem Mapping.................................................................................. 11
3.4 Referrable Areas Mapping ....................................................................................... 13
3.5 Interim Koala Habitat Protection Mapping ............................................................... 13
3.6 Department of Transport and Main Roads Interests ................................................ 15
3.7 Department of Environment and Resource Management Interests ......................... 15
4.0 THE NOOSA PLAN ............................................................................................... 16
4.1 Planning Area & Zoning ........................................................................................... 16
4.2 Level of Assessment ................................................................................................ 16
4.3 Overlays ................................................................................................................... 17
4.3.1 Overlay Mapping .......................................................................................... 17
4.3.2 Overlay Assessment .................................................................................... 18
4.3.3 Applicable Assessment Codes..................................................................... 18
5.0 ASSESSMENT CODES ........................................................................................ 19
5.1 Eastern Beaches Locality Code ............................................................................... 19
5.2 Reconfiguring a Lot Code ........................................................................................ 24
5.3 Landscaping Works Code ........................................................................................ 33
5.4 Engineering Works Code ......................................................................................... 33
5.5 Natural Hazards Overlay Code ................................................................................ 34
6.0 STATE PLANNING POLICIES .............................................................................. 42
7.0 CONCLUSION ...................................................................................................... 43
APPENDICES
APPENDIX A Locality Plan
APPENDIX B Current Title Search
APPENDIX C Reconfiguration Plan M2358-03
APPENDIX D Development Approval DA2007/1259
APPENDIX E Contaminated Land Search
APPENDIX F Amalgamation Plan SP231615
APPENDIX G RPS Ecological Report
Please consider the environment before re-printing this Development Application.
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1.0 INTRODUCTION
The following planning assessment report has been prepared on behalf of our client and the
Applicant, Scanlon Property Group. Scanlon Property Group acts on behalf of the registered
landowner Thomco Pty Ltd (Appendix B). Scanlon Property Group has engaged Jones Flint &
Pike Pty Ltd to prepare and manage a Development Application for a Reconfiguration of a Lot
(one (1) lot into three (3) lots and principal common property) over land located at 215-219
David Low Way, Peregian Beach, and described as Lot 8 on P9315, Lot 9 on P9315, Lot 10 on
P9315 and Lot 76 on MCH2969. However, as the first component of this application is the
amalgamation of all four (4) sites into a single allotment, being Lot 77 on SP231615, this will be
referred to as ―the site‖ for the remainder of the report.
The following planning assessment report contains details of the application and demonstrates
consistency with the Noosa Plan and all other relevant Queensland State Planning Policies and
legislation. More specifically, included in the following sections is a brief site description and
synopsis of the surrounding locality, details of the proposal and an assessment against the
applicable elements of the Noosa Plan and other State legislation and policies deemed
pertinent to the assessment of the proposed Reconfiguration of a Lot.
In accordance with the provisions of the Sustainable Planning Act 2009 (‗SPA‘) and the Noosa
Plan, the proposal is deemed to be Code Assessable development.
2.0 SITE DESCRIPTION
The site consists of one (1) irregular parcel of land which are located at 215-219 David Low
Way, Peregian, and described as Lot 77 on SP231615 (refer to Appendix F). The site is
included within the boundaries of the Parish of Weyba and the County of March. A Locality
Plan showing the location of the site is included within Appendix A of this planning report. The
subject site has an area of approximately 2.313ha.
The site has approximately 60 metres of frontage to David Low Way to the east, and
approximately 36m of frontage to the unnamed road to the south of the site.
The site contains a band of vegetation along the western boundary, with sparse vegetation
being present throughout the site. Although the vegetation contained within the site is not
identified within the Noosa Plan‘s Biodiversity Overlay Map (Map OM4.1) and vegetation does
not require assessment against Vegetation Management Act 1999 (refer to s3.3 of this report),
assessment has been nonetheless been undertaken to investigate the ecological values of the
existing vegetation. A concise report prepared by RPS has been included in Appendix G of
this report. In addition, please see the attached Reconfiguration Plan within Appendix C of this
report for surveyed tree locations.
A number of buildings are present on the site. They are as follows:
One (1) single detached dwelling.
One (1) office building.
One (1) amenities block.
One (1) barbeque hut.
Eight (8) cabins.
The site also contained 75 powered and non-powered caravan sites.
One (1) easement currently burdens the site, for the purpose of drainage. The easement is
identified as EMT A on SP156199 and burdens Lot 76 on MCH2969 in favour of Lot 51 on
Please consider the environment before re-printing this Development Application.
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SP156203. The easement is for the purpose of drainage and is to be relocated as part of the
redevelopment of the site.
The site is connected to the Councils‘ potable water supply, as well as having access to
electricity and sewerage infrastructure.
An aerial photograph of the site showing the extent of the site is shown in the extract on the
following page:-
Extract – Aerial Photography
―the site‖
Source: Calmaps
2.1 The Site and Surrounds
The topography of the site falls at a fairly constant rate from 9.0m on AHD at the eastern
boundary to approximately 3.0m on AHD on the western boundary. The topography can be
described as gently sloping east to west. Topographical mapping is included on the extract on
the following page:
Please consider the environment before re-printing this Development Application.
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Extract – Topographical Mapping
―the site‖
Source: Calmaps
The uses surrounding the site are predominantly of a commercial and retail nature. Directly
adjacent to the site is the Peregian Beach Hotel. To the south of the site is Peregian Beach
Hardware. To the east, on the opposite side of David Low Way, is the central business area of
Peregian Beach. This area contains local stores, cafes, restaurants and other retail and
commercial uses. Peregian's Main Beach is situated approximately 200m to the east of the
site.
A development approval for a Material Change of Use (Visitor Accommodation Type 4 -
Conventional, Commercial Business Type 1 - Office, Retail Business Type 2 - Shop & Salon &
Entertainment & Dining Business Type 1 - Food & Beverages) (Council Reference:
DA2007/1259) was issued by the Planning and Environment Court on 12 February 2010. The
approval is included within Appendix D of this report.
Please consider the environment before re-printing this Development Application.
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3.0 PROPOSAL
The Applicant seeks a Development Permit for a Reconfiguration of a Lot (one (1) lot into three
(3) lots and principal common property). In accordance with the SPA, the proposal is defined
as follows:-
“Reconfiguring a Lot means—
(a) creating lots by subdividing another lot; or
(b) amalgamating 2 or more lots; or
(c) rearranging the boundaries of a lot by registering a plan of subdivision; or
(d) dividing land into parts by agreement rendering different parts of a lot immediately available
for separate disposition or separate occupation, other than by an agreement that is—
(i) a lease for a term, including renewal options, not exceeding 10 years; or
(ii) an agreement for the exclusive use of part of the common property for a community
titles scheme under the Body Corporate and Community Management Act 1997; or
(iii) creating an easement giving access to a lot from a constructed road.‖
(Sustainable Planning Act 2009, S10 Pg51)
In accordance with the above extract, the Applicant seeks approval for creating lots by
subdividing another lot (Amalgamated Lot 77 on SP231615).
3.1 Proposal Details
The Applicant seeks a Development Permit for a Reconfiguration of a Lot (one (1) lot into three
(3) lots and principal common property) on land located at 215-219 David Low Way, Peregian,
and described as Lot 77 on SP231615.
The proposal is to be undertaken in two components.
Component 1 - Amalgamation of four (4) lots (Lot 8 on P9315, Lot 9 on P9315,
Lot 10 on P9315 and Lot 76 on MCH2969) being Amalgamated Lot 77 on
SP231615; and
Component 2 – Reconfiguration of a Lot (one (1) lot into three (3) lots and
principal common property)
The amalgamation of the four (4) allotments, being Component 1 of the application, seeks to
consolidate the adjoining land parcels which constitute the site. The amalgamation is being
undertaken in accordance with Condition 32 of a related approval a Material Change of Use
(Visitor Accommodation Type 4 - Conventional, Commercial Business Type 1 - Office, Retail
Business Type 2 - Shop & Salon & Entertainment & Dining Business Type 1 - Food &
Beverages) (Council Reference: DA2007/1259).
Condition 32 of the abovementioned Development Approval states:
―All separate, adjoining lots that form part of this application shall be amalgamated into one
undivided allotment in accordance with Section 3.7.3 of the Integrated Planning Act and the
Plan of Survey submitted for registration at the Land Titles Office. Proof of title being issued
for the amalgamated lot shall be submitted to Council prior to the issue of the Development
Permit for Operational Works‖
In accordance with Schedule 3, Part 1 of the Sustainable Planning Regulation 2009,
Component 1 (Amalgamation of two (2) or more lots) is not deemed to be assessable
development under the Integrated Development Assessment System (―IDAS‖). Rather,
Component 1 is deemed to be subject to the Land Title Act 1994 (―LTA‖), and will be processed
by the applicable administering government body, being the Department of Environment and
Resource Management (―DERM‖), at the time the approved Plans are Registered. This action
Please consider the environment before re-printing this Development Application.
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will commence shortly in accordance with the Survey Plan included in Appendix F of this
report. The applicable table, being Table 3, is included in the extract below.
Extract – Table 3 of Schedule 3 of the SPA
Source: Sustainable Planning Act 2009
In addition to the abovementioned amalgamation, the Applicant seeks approval for a
Reconfiguration of a Lot (one (1) lot into three (3) lots and principal common property). The lot
to be subdivided is the single lot resulting from the amalgamation of the four (4) existing
allotments. The details of the proposed lots are as follows:
Proposed Lot Size Future Use
Lot 1 0.22ha Commercial
Lot 2 1.48ha Visitor Accommodation
Lot 3 0.53ha To be dedicated to the Council as parkland.
The Council has conditioned that the applicant dedicate the vegetated portion of the site,
situated on the western third of the site, to the Council.
Condition 50 of the abovementioned Development Approval states:
―The applicant is required to dedicate to Council as Parkland for Environmental Purposes, the
balance portion of Lot 76 on MCH2969 located to the west of the 6m unvegetated setback
required by the Bushfire Management Plan. In this respect the applicant is required to seek a
Reconfiguration of a Lot approval to enable dedication of the Parkland. The Application for the
Reconfiguration of a Lot must include an accurate survey plan detailing the location of the land
to be dedicated to Council as Parkland‖
This portion of the site is to be dedicated to the Council, and is identified as Lot 3 on the
Reconfiguration Plan M2358-03 which is provided in Appendix C of this report. The location of
the common boundary between proposed Lots 2 and 3 has been determined by the
requirement for a landscaped buffer and 6m wide fire trail, as specified in the Bushfire
Management Plan, and the stormwater treatment specified in the Stormwater Management
Plan, which were both assessed as part of the Material Change of Use application (Council
Reference: DA2007/1259). The inclusion of these measures has dictated the final location of
the common boundary. The boundary has been situated as far to the east as is practically
possible, in order to preserve the vegetation in this area.
Please consider the environment before re-printing this Development Application.
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In addition to the vegetated portion of the site being dedicated to the Council, an additional lot is
to be created. As detailed in the related approval over the site (Council Reference:
DA2007/1259), the portion of the site with frontage to David Low Way is to be used for
commercial purposes (proposed Lot 1), while the remainder of the site (proposed Lot 2), is to
be used for Visitor Accommodation. The Applicant wishes to separate these two distinct uses
in order to simplify the role of the Community Management Scheme and Body Corporate. As
such, proposed Lot 1 is to contain the Commercial uses on the site, whilst proposed Lot 2 is to
contain the Visitor Accommodation part of the site.
A principal common property is to be created to provide shared access to the proposed Lots 1
and 2. Subsidiary Community Management Schemes will then be implemented to manage the
uses conducted within proposed Lots 1 and 2 respectively. The implementation of these
Community Management Schemes does not form part of this application.
The abovementioned reconfiguration is shown in the attached Reconfiguration Plan. The
Reconfiguration Plan can be seen in Appendix C of this report.
3.2 IDAS Referrals
In accordance with Schedule 7 of the Sustainable Planning Regulation 2009, the proposed
development triggers referral to the following State agencies. Details of these referrals are
provided below:-
Department of Environment and Resource Management (DERM) is a concurrence
agency as the proposed development involves the reconfiguration of a lot on land
identified by the Department as potentially containing unexploded ordnance;
DERM is an advice agency as the site is identified as containing referrable Wetlands
and is located within 100m of a Conservation Estate;
Department of Infrastructure and Planning (DIP) as a concurrence agency as the site is
mapped as being with the Koala Interim Habitat Area.
Department of Transport and Main Roads (DTMR) is a concurrence agency as the
development is creating additional lots on land related to a State Controlled Road.
3.3 Regional Ecosystem Mapping
The Regional Ecosystem Mapping obtained from the DERM is shown in the extract on the
following page:-
Please consider the environment before re-printing this Development Application.
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Extract – Regional Ecosystem Mapping
―the site‖
Source: Department of Environment and Resource Management
As illustrated above, the western portion of the site is identified as containing Remnant that is of
least concern regional ecosystems. The proposed reconfiguration is in association with an
approved Material Change of Use (Council Reference: DA2007/1259). The former
Department of Natural Resources and Water was a concurrence agency for this application,
and found that the clearing of vegetation on the site was exempt as it constitutes clearing for an
urban purpose within an urban area in accordance with the policies at the time the application
was assessed.
In accordance with Schedule 7, Table 2, Part 4 of the Sustainable Planning Act, the application
does not require referral to the DERM as a Concurrence Agency, as the application is for an
Urban use in an Urban area, and as such, clearing of vegetation necessary for the
establishment of the Urban use is exempt from assessment against the Vegetation
Management Act 1999.
Please consider the environment before re-printing this Development Application.
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3.4 Referrable Areas Mapping
Department of Environment and Resource Management (DERM) Referrable Areas Mapping is
reproduced in the extract below:-
Extract – Referable Areas Mapping
―the site‖
Source: Department of Environment and Resource Management
As detailed in the extract on the previous page, the site is mapped as containing referable
wetland and is within 100m of a Conservation Estate. As such, the application is required to be
referred to the DERM as an Advice Agency.
3.5 Interim Koala Habitat Protection Mapping
The Department of Infrastructure and Planning (DIP) Interim Koala Habitat Protection Area
Mapping is reproduced below:
Please consider the environment before re-printing this Development Application.
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Extract – MAP SEQKH4
―the site‖
Source: Department of Infrastructure and Planning
As shown in the extract above, the site is mapped as being within the Interim Koala Habitat
Protection Area. Table 1 of the South East Queensland Koala State Planning Regulatory
Provisions is reproduced in the extract below:
Extract – Table 1: Development in the Interim Koala Habitat Protection Area
Column 1 Column 2 Column 3
Development to which division Assessment criteria for Assessment criteria for assessable
3 does not apply assessable development development
1. Development for a private Having regard to the matters Development must:
residence on a lot. specified in schedule 3, 1. be consistent with the proposed
2. Development on premises development does not adversely biodiversity outcomes in a planning
that will result in: affect movement of koalas through scheme for the premises; and
(a) a gross floor area of no a koala movement corridor.
2. maximise opportunities for safe koala
more than 500m2; and movement through its design and
(b) the clearing of no more layout; and
than 2500m2 of native
vegetation; and 3. in accordance with a koala habitat
(c) the excavation or filling management plan, offset the loss of
of an area no more than mature koala habitat trees through
5000m2; and replanting koala habitat trees at a rate
(d) no loss of mature koala of 1 tree for every 1 metre height of
habitat trees. tree lost, occurring either:
(a) on-site; or if this is not possible;
3. Reconfiguring a lot that will (b) off-site.
not result in the creation of an
additional lot.
Source: Department of Infrastructure and Planning
As detailed in the extract on the previous page, a Koala Habitat Management Plan is required
for the assessment of this application. The Koala Habitat Management Plan is currently being
prepared and will be forwarded to the Council subsequent to the lodgement of this application.
In accordance with Schedule 7 of the Sustainable Planning Regulation 2009, this application is
required to be referred to the DIP as a concurrence agency.
Please consider the environment before re-printing this Development Application.
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3.6 Department of Transport and Main Roads Interests
The Department of Transport and Main Roads identifies David Low Way as being a State
Controlled Road. While the development application will effectively result in a reduction in
number of lots (being four (4) lots into three (3) lots), due to the amalgamation being
undertaken, the Development Permit being sought is for a Reconfiguration of a Lot (one (1) lot
into three (3) lots and principal common property). As such, and in accordance with Schedule 7
of the Sustainable Planning Regulation 2009, the application is required to be referred to the
DTMR as a Concurrence agency, as the development seeks to create additional allotments on
land related to a State Controlled Road.
3.7 Department of Environment and Resource Management Interests
The Department of Environment and Resource Management (―DERM‖) has issued advice
pertaining to potential unexploded ordnance (UXO) on the site (Appendix E). In accordance
with Schedule 7 of the Sustainable Planning Regulation 2009, the application requires referral
to the DERM as a concurrence agency.
It should be noted that the former Environment Protection Agency (―EPA‖) were triggered as a
concurrency agency as part of the assessment of the relevant approval being Council
Reference: DA2007/1259. The EPA conditioned the permit to undertake remediation works to
remove the UXO designation. The Applicant is currently instigating work to comply with these
conditions.
Please consider the environment before re-printing this Development Application.
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4.0 THE NOOSA PLAN
4.1 Planning Area & Zoning
The site traverses two (2) distinct zonings, being the Semi-Attached Housing Zone and the
Open Space Recreation Zone. Existing Lot 8 on P9315, Lot 9 on P9315 and Lot 10 on P9315
are identified as being included in the Semi-Attached Housing Zone, while Existing Lot 76 on
MCH2969 is contained within the Open Space Recreation Zone. This is illustrated in the
following extracts taken from the Noosa Plan:-
Extract – Zoning Map
―the site‖
Source: Noosa Plan
4.2 Level of Assessment
As detailed in the applicable Development Assessment Table below, the proposal is deemed to
be Code Assessable development.
Extract – Table 7.10 Assessment Categories and Relevant Assessment Criteria for the
Eastern Beaches Locality – Development Other Than a Material Change of Use
Development Activity Assessment Category Applicable Codes
Reconfiguring a Lot Code Assessable a) Eastern Beaches Locality Code; and
b) Reconfiguring a Lot Code; and
c) Landscaping Code; and
d) Engineering Works Codes
Source: Noosa Plan
In accordance with the above Development Assessment Table, the following codes are
triggered by the proposal:
Eastern Beaches Locality Code
Reconfiguring a Lot Code
Landscaping Works Code
Please consider the environment before re-printing this Development Application.
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Engineering Works Code
4.3 Overlays
In accordance with the provisions of the Noosa Plan, the proposed development is subject to
further assessment criteria, in the form of Overlay Mapping and corresponding Overlay Codes.
The Overlays that are relevant to the assessment of this Development Application are
determined by reference to the Overlay Mapping and the Overlay Assessment Tables.
The applicable Overlay Mapping and Overlay Assessment Tables are addressed in the
following sections, being 4.3.1 and 4.3.2.
4.3.1 Overlay Mapping
As indicated in the extract below, the site is subject to the Natural Hazard: Bushfire and Acid
Sulfate Soils Overlay. The site is identified as being subject to both Low and High Potential
Acid Sulfate Areas, and is identified as a Medium Bushfire Hazard Area. As such, Table 13.7
Assessment Categories and Relevant Assessment Criteria for the Natural Hazards and Natural
Resources Overlays – Development Other Than Material Change of Use are applicable to the
proposal.
Extract – OM4.4 Natural Hazard: Bushfire and Acid Sulfate Soils Overlay
―the site‖
Source: Noosa Plan
Please consider the environment before re-printing this Development Application.
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4.3.2 Overlay Assessment
The applicable Tables of Assessment for the Natural Hazards and Natural Resources Overlay
is detailed in the extract below:-
Extract – Table 13.7 Assessment Categories and Relevant Assessment Criteria for the
Natural Hazards and Natural Resources Overlays – Development Other Than Material
Change of Use
Development Activity Assessment Category Applicable Code
High and Low Potential Acid Sulfate Soils Areas
RECONFIGURING A LOT
Rearranging Boundaries Exempt N/A
Carrying out building work not associated Exempt if the criteria for code assessable Natural Hazards Overlay
with a material change of use do not apply Code
Carrying out building work if demolition, Code assessable if—
relocation or removal of a building a) involving works on land at or below
5m AHD; and
Reconfiguring a lot
(i) excavating 100m3 or more of
Carrying out operational works for material; or
reconfiguring a lot (ii) filling land with 500m3 or more
Filling of land not associated with a material of material with an average
change of use depth of 0.5m or more;
OR
b) works on land above 5m AHD but
below 20m AHD that excavates
100m3 or more of material at or
below 5m AHD.
Bushfire Hazard Area
RECONFIGURING A LOT
Reconfiguring a lot Exempt if the criteria for code assessable Natural Hazards Overlay
do not apply Code
Carrying out operational work for
reconfiguring a lot Code assessable if increasing the
number of lots or constructing a new
road within a Bushfire Hazard Area as
shown on Overlay Maps OM1.4 – OM9.4
Source: Noosa Plan
As detailed in the above Table of Assessment, the proposed requires assessment against the
Natural Hazards Overlay Code as the site is identified as being a Bushfire Hazard Area.
The Overlay Assessment Codes which are deemed applicable to the assessment of the
proposed development include the following:-
Natural Hazards Overlay Code
4.3.3 Applicable Assessment Codes
In accordance with the Noosa Plan, the following Development Assessment Codes are
triggered by the proposal:-
Eastern Beaches Locality Code
Reconfiguring a Lot Code
Landscaping Works Code
Engineering Works Code
Natural Hazards Overlay Code.
Please consider the environment before re-printing this Development Application.
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5.0 ASSESSMENT CODES
5.1 Eastern Beaches Locality Code
Column 1 Column 2 Column 3
Specific Outcomes Probable solutions (if code assessable) Applicant Comment
7.9 Effects of use
Amenity No solution provided C1 The site will be developed in accordance with the MCU
O1 Uses are located, designed and operated to avoid significant approval (Council Reference: DA2007/1259).
adverse changes to the light, air quality, noise, accessibility or
other conditions enjoyed by users of associated, adjoining or
nearby uses.
Character and function of the David Low Way No solution provided C2 The site will be developed in accordance with the MCU
O2 The vegetated character of the David Low Way is protected approval (Council Reference: DA2007/1259).
and new development recognizes and protects the function,
capacity and efficiency of the David Low Way as the major north-
south link throughout the coastal part of Noosa.
7.10 Built form
Density No solution provided C3 The site will be developed in accordance with the MCU
O3 The density of development within the site approval (Council Reference: DA2007/1259).
area—
a) is compatible with surrounding development; and
b) does not exceed—
i. for the Detached Housing Zone and the Rural Settlement
Zone — 1 Detached house per lot with the exception of Lot
163 on RP897370, Pacific Avenue, Sunshine Beach which
has an allowable population density of 320 persons per
hectare exclusively for the purpose of a visitor hostel;
ii. for the Semi-Attached Housing Zone:
A. for sites between 500m2 and 599m2 inclusive - 4.8
persons; or
B. for sites 600m2 or more - 6.6 persons or 100 persons
per hectare whichever is the higher, with the exception of
the following sites which have an allowable population
density of 320 persons per hectare exclusively for the
purpose of a visitor hostel—
Lot 295 on RP883860 at 14 Duke Street, Sunshine
Beach;
Lots 339-341 on RP48111 at 1-3 Douglas Street,
Sunshine Beach;
Lots 92-94 on RP94566, at the corner of Wildflower
and Hill Streets, Sunshine Beach; and
Lots 8, 9 & 10 on P9315 and Lot 76 on MCH2969 at
215- 219 David Low Way, Peregian Beach;
Please consider the environment before re-printing this Development Application.
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Column 1 Column 2 Column 3
Specific Outcomes Probable solutions (if code assessable) Applicant Comment
iii. for the Attached Housing Zone—
A. if in Sunshine Beach— 160 persons per hectare; or
B. if not in Sunshine Beach 100 persons per hectare
with the exception of Lot 65 on RP130983
at 7 Selene Street, Sunrise Beach which has an
allowable population density of 320 persons per hectare
exclusively for the purpose of a visitor hostel; or
iv. for the Visitor Mixed Use Zone—160persons per hectare;
and
v. for the Community Services Zone maximum population
density of 320 persons per hectare exclusively for the
purposes of Residential Aged Care and 160 persons per
hectare for any other form of Retirement & Special Needs
Housing; and
c) has a low site impact to enhance the opportunity to maintain
natural site characteristics, including native vegetation and
natural landforms.
Height S4.1 Buildings and other structures have a maximum height of — C4 The site will be developed in accordance with the MCU
O4 Buildings and other structures— a) if in the Attached Housing Zone and located in Sunshine approval (Council Reference: DA2007/1259).
a) are low rise and present a building height consistent with Beach—12m;
structures on adjoining and surrounding land; b) if in the Visitor Mixed Use Zone—
b) do not exceed a maximum height of— 12m, except for Lots 75-77 Heron Street, Peregian Beach—8m;
i. For the Attached Housing Zone within Sunshine Beach—3 c) if in the Open Space Recreation Zone or the Community
storeys; Services Zone and used for an indoor sporting complex—11m;
ii. For the Visitor Mixed Use Zone—3 storeys, except for Lots d) if in the Rural Settlement Zone—8m, or 9m where the pitched
75-77 P9311 Heron Street, Peregian Beach—2 storeys; or roof but no other part of the building or structure exceeds 8m; or
iii. For any other zone— 2 storeys; e) in all other zones— 8m.
c) do not visually dominate the street, adjacent
properties, surrounding spaces or the existing
skyline;
d) preserve the amenity of surrounding land, including existing
sunlight to neighbouring properties; and
e) respect the scale of the dune and coastal vegetation.
Setbacks S5.1 Buildings and structures comply with the minimum building C5 The site will be developed in accordance with the MCU
O5 Buildings and other structures are appropriately designed setbacks identified in Schedule 1 - Minimum Boundary Setbacks. approval (Council Reference: DA2007/1259).
and sited to—
a) provide amenity for users of the premises as well as preserve
the visual and acoustic privacy of adjoining and nearby
properties;
b) provide adequate distance from adjoining uses;
c) preserve any existing vegetation that will buffer the proposed
building;
d) allow for landscaping to be provided between buildings and
street frontages and between neighbouring buildings;
e) maintain the visual continuity and pattern of buildings and
landscape elements within the street; and
Please consider the environment before re-printing this Development Application.
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Column 1 Column 2 Column 3
Specific Outcomes Probable solutions (if code assessable) Applicant Comment
f) protect the natural character and visual amenity of the
beachfront.
Site cover, gross floor area and plot ratio No solution provided C6 The site will be developed in accordance with the MCU
O6 The site cover, gross floor area and plot ratio of buildings and approval (Council Reference: DA2007/1259).
other roofed structures—
a) results in a building scale that is compatible with surrounding
development;
b) does not present an appearance of excessive bulk to adjacent
properties, roads or other areas in the vicinity of the site;
c) maximises the retention of existing vegetation and allows soft
landscaping between buildings;
d) allows for adequate area at ground level for outdoor
recreation, entertainment, clothes drying and other site facilities;
and
e) facilitates onsite stormwater management and vehicular
access.
O7 Site cover — No solution provided C7 The site will be developed in accordance with the MCU
a) for a class 1 or class 10a structure within the Detached approval (Council Reference: DA2007/1259).
Housing Zone, does not exceed—
i for a single storey building - 50%; or
ii for a building of 2 or more storeys - 50% on the ground floor
and 30% for the upper storey(s), or 40% for all storeys for a
building of 2 or more storeys;
b) for other classes within the Detached House Zone does not
exceed 40%;
c) for the Semi-Attached Housing Zone does not exceed 40%;
d) for the Attached Housing Zone does not exceed—
i in Sunshine Beach–35%; or
ii otherwise–40%; or
e) for the Visitor Mixed Use Zone does not exceed 35%
f) for the Community Services Zone does not exceed 50%
O8 For Multiple Housing Type 2 buildings have a maximum No solution provided C8 The site will be developed in accordance with the MCU
plot ratio of— approval (Council Reference: DA2007/1259).
b) 0.6:1 if in the Attached Housing Zone located in Sunshine
Beach or
c) 0.45:1 otherwise.
O9 For Multiple housing Type 3 or 4, Visitor No solution provided C9 The site will be developed in accordance with the MCU
accommodation Type 4 or the accommodation unit component approval (Council Reference: DA2007/1259).
of an Entertainment and dining business Type 3 (hotel)—the
maximum gross floor area is equivalent to the maximum
allowable population density in persons multiplied by 40m2,
provided that Lots 75-77 on P9311 Heron Street,
Peregian Beach, have a maximum gross floor area of 1,200m2.
Please consider the environment before re-printing this Development Application.
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Column 1 Column 2 Column 3
Specific Outcomes Probable solutions (if code assessable) Applicant Comment
O10 For the Neighbourhood Centre Zone the maximum plot ratio No solution provided C10 Not Applicable. The site is not located within the
is as follows— Neighbourhood Centre Zone.
a) 0.8:1 for site areas up to and including 2000m2;
and
b) 0:3:1 for that area of a site in excess of 2,000m2.
Flooding and drainage S11.1 For new buildings or structures or additions of more than C11 The site will be filled in accordance with the MCU approval
O11 Buildings and other works are designed and sited to— 50m2 gross floor area to an existing building or structure, floor (Council Reference: DA2007/1259). This ensures future
a) provide flood free access to premises and flood free habitable levels for habitable rooms are— development will remain flood free.
areas; a) for areas where minimum floor levels are available—not less
b) allow only minor, short term and infrequent flooding of non- than the specified level;
habitable areas; ‗ b) for areas where flood modelling is available—a minimum of
c) ensure carparking areas can be adequately drained; 500mm above the modelled flood level; and
d) ensure drainage does not adversely impact upon other c) for areas where flood modelling is not available, a minimum of
premises; and 500mm above the highest known flood level;
e) ensure filling or excavation does not adversely impact upon AND
other premises by— S11.2 Where Council infrastructure is
i. causing ponding on the site or nearby land; available—
ii. increasing flooding, which adversely affects the safety or a) any drainage (for buildings and land) flows to that
use of any land infrastructure; and
upstream and downstream; b) the infrastructure has the capacity to accept any additional
iii. adversely affecting the flow of water in any overland flow loading.
path; and AND
iv. falling towards the frontage or other boundaries without S11.3 Car parking and maneuvering areas are constructed at a
sufficient retention. level that permits the parking area to drain from the site by gravity
means, without the need for mechanical pumping; or
S11.4 Basements for residential uses have flood immunity above
the Q100 where alternative means to mechanical pumping are
used to achieve such immunity; or
S11.5 Basements for non-residential uses have flood immunity
above the Q100 that may be achieved by means of mechanical
pumping where the mechanical feature is installed with adequate
holding tanks and an alternative back up power source.
Roof form S12.1 The main roof of the building has a roof pitch no less than 5 C12 The site will be developed in accordance with the MCU
O12 Roof forms— degrees and has minimum 600mm eaves to at least 75% of the approval (Council Reference: DA2007/1259).
a) contribute positively to the local skyline; perimeter of the building;
b) complement the beachside character of the locality; AND
c) use soft and articulated pitched or curved roof forms; S12.2 Buildings and structures do not include roof top terraces.
d) avoid low pitched (eg. less than 5 degrees) or box
profiles/parapets; and
e) do not create opportunities for residents to overlook the
private open space areas of neighbouring properties.
Sloping sites S13.1 Buildings and associated accessways are not constructed C13 The site will be filled in accordance with the MCU approval
O13 Development on sloping sites— on land with a slope greater than 1 in 4 (25%); (Council Reference: DA2007/1259). This ensures future
a) is responsive to the natural topography of the site and AND development will remain flood free.
minimises cut and fill; S13.2 Buildings are of split level design that step down the slope
Please consider the environment before re-printing this Development Application.
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Column 1 Column 2 Column 3
Specific Outcomes Probable solutions (if code assessable) Applicant Comment
b) does not visually dominate the hill slope or interrupt the or have suspended floor construction;
skyline; AND
c) is integrated with the natural site characteristics including S13.3 Cut or fill is less than 2m in depth;
vegetation; and AND
d) for Multiple housing, takes the form of small separate S13.4 The distance between the ground and the lowest part of the
buildings. floor of the building does not exceed 3m to avoid large under-
building areas;
AND
S13.5 Buildings present no more than—
a) if in the Visitor Mixed Use Zone – 3 storeys at any one point
when viewed from the street; or
b) if in any other Zone - 2 storeys at any one point when viewed
from the street.
7.11 Environment, Conservation and Recreation
Environment and cultural heritage values No solution provided C14 The site will be developed in accordance with the MCU
O14 There are no significant adverse effects on biodiversity, approval (Council Reference: DA2007/1259).
natural vegetation, native fauna habitat, landscape quality, water
quality or cultural Advisory note
heritage values, including those related to— PSP24 – Effluent Disposal details requirements for the design
a) changes to natural drainage; and siting of effluent disposal systems where located outside a
b) changes to natural coastal processes; sewerage service area. Compliance with PSP24 will be
c) disturbance of the dune system and wetland system; considered as part of Council‘s assessment of the plumbing and
d) management of landslide and fire risk; drainage application.
e) erosion and the transport of sediments off site;
f) unmanaged public access;
g) effluent disposal;
h) changes to fauna habitat and behaviour; and
i) disturbance of buildings and features, including natural
features of cultural heritage significance.
Open space network S15.1 Open space corridors and existing native vegetation in C15 Proposed Lot 3 is to be dedicated to the Council as
O15 An integrated open space network is established, enhanced areas indicated in Schedule 5 – Map 4 are protected from parkland. This land will be used to protect the vegetation within
and protected throughout fragmentation and encroachment by development. this area, whilst also providing a buffer between the wetland and
the locality to— the approved development.
a) provide for both passive and active recreational pursuits;
b) provide connectivity for pedestrians and cyclists,
c) provide habitat connectivity for wildlife;
d) protect watercourses and drainage lines;
e) protect vegetation on steep slopes; and
a) form a scenic backdrop for residential development.
Pedestrian and bicycle pathways S16.1 Pedestrian and bicycle pathways are provided and C16 Not Applicable. The proposal for a reconfiguration of a lot
O16 Safe and convenient pedestrian and bicycle pathways are retained where indicated in Schedule 5 – Map 2; only.
provided and retained between and throughout key destinations AND
including— S16.2 Contributions toward a Pathways Network are provided in
a) an east-west link between the beach and the northern end of accordance with PSP20.
Please consider the environment before re-printing this Development Application.
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Column 1 Column 2 Column 3
Specific Outcomes Probable solutions (if code assessable) Applicant Comment
Lake Weyba via Burgess Creek;
b) a north-south link between the Noosa National Park to the
north of the locality and the former Shire boundary near Peregian
Beach; and
c) links within and around Sunrise and Sunshine Beach linking
business and community uses with residential development.
Beach access points No solution provided C17 Not Applicable. The site does not have access to the
O17 Access points to the sensitive foredune systems are defined foredune system..
and controlled by the establishment of key access nodes which
are designed and sited having regard to the potential adverse
impacts on—
a) visual amenity;
b) dune stability;
c) natural habitat; and
d) water quality; C18 Not Applicable. The site does not have access to the
AND foredune system..
O18 Access to the foredune system and beachfront is via
formalised communal beach accesses, rather than individual
informal tracks.
Aircraft safety S19.1 Uses involving disposal of putrescible waste are not C19 Not Applicable. The proposed reconfiguration of a lot will not
O19 Wildlife, including birds and bats, are not attracted into the located within 13km of the Sunshine Coast Airport; (See Map attract wildlife into the Sunshine Coast airspace.
operational airspace of the Sunshine Coast Airport in significant M7-1 below)
numbers; AND
AND S20.1 Uses involving aviation activities, including parachuting C20 Not Applicable. The site will be developed in accordance
O20 Physical obstructions do not adversely affect the operational and hot air ballooning, are not located within 15km of the with the MCU approval (Council Reference: DA2007/1259).
airspace of the Sunshine Coast Sunshine Coast Airport; (See Map MA2 below)
Airport; AND
AND S21.1 None of the following is permitted within 15km of the C21 The site will be developed in accordance with the MCU
O21 Emissions do not significantly affect air turbulence, visibility Sunshine Coast Airport— smoke, ash, steam, dust or gaseous approval (Council Reference: DA2007/1259).
or engine operation in the operational airspace of the Sunshine plumes exceeding 4.3m per second. (See Map 7-2 below)
Coast Airport.
5.2 Reconfiguring a Lot Code
Column 1 Column 2 Column 3
Specific Outcomes Probable solutions (if code assessable) Applicant Comment
14.191 Lot Size and Dimensions
O1 Lots have the appropriate area and dimensions to provide S1.1 If for reconfiguration other than community title subdivision, C1 The proposed lot sizes meet the minimum requirements
for— Council will require the following— specified in Table 14-68. It should be noted that the proposed
a) the intended use and, if not intended to be used by the reconfiguration is being undertaken in accordance with the
Council or State for community infrastructure, a) Minimum lot area and minimum average width consistent with Development conditions, as attached to a related approval over
conservation purposes or public utilities including road the relevant provisions of Table 14-64; AND the site (Council Reference: DA2007/1259).
widening are not less than the minimum sizes specified
Please consider the environment before re-printing this Development Application.
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Column 1 Column 2 Column 3
Specific Outcomes Probable solutions (if code assessable) Applicant Comment
in; and b) If for residential development—
b) if for residential development— i) the minimum house site area is not less than
i) a house site area of not less than that specified in that specified in; and
Table 14-64—Minimum Allotment Areas; and ii) if not in a sewerage service area an effluent
ii) if not within a sewerage service area, an effluent disposal area is provided.
disposal area;
c) siting and construction of buildings to minimise risk of soil
erosion, landslide, flooding and bushfire;
d) siting and construction of buildings to minimise
detrimental impacts of effluent disposal and water quality
impacts;
e) retention of natural environmental values, including native
vegetation;
f) retention of cultural features and protect views to cultural
features;
g) minimisation of earthworks or retaining walls associated
with building construction on steep slopes;
h) private and public open space and on-site landscaped
areas; and
i) convenient vehicle access and on-site parking, loading
and manoeuvring areas. OR
O2 If for community title subdivision—lots have the C2 Not applicable. The proposal is not for a community title
appropriate area and dimensions to provide for the intended use subdivision
and—
a) if for Detached housing, are not less than the minimum
sizes specified in; or
b) if for other residential uses are not less than 200m 2
14.192 Noosa North Shore Locality
O3 No additional lots are created within the Noosa North No solution provided. C3 Not applicable. The site is not located within the Noosa North
Shore Locality. Shore Locality.
14.193 Lake Macdonald Water Supply Catchment Area
O4 No additional lots are created within the Lake Macdonald No solution provided. C4 The proposed development does not seek to create any
Water Supply Catchment identified on Overlay Maps OM3.5 and additional lots within the Lake MacDonald Water Supply
OM9.5. Catchment.
14.194 Lot layout
O5 Subdivision of land for residential development provides S5.1 Lots are arranged to front streets and public open space; C5 The proposed reconfiguration of a lot is being undertaken in
for a neighbourhood with a strong and positive identity through— AND accordance with the Councils conditions, as attached to a related
a) legible streets and open space networks; approval over the site (Council Reference: DA2007/1259).
b) integrating prominent site features, including landmarks, S5.2 Rear lots have views over public open space; AND
native vegetation and views into the design;
c) the location of community, retail and commercial facilities S5.3 Lots intended for urban settlement are located within 1km of
Please consider the environment before re-printing this Development Application.
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Column 1 Column 2 Column 3
Specific Outcomes Probable solutions (if code assessable) Applicant Comment
at focal points either within convenient walking distance retail or commercial uses or land within a commercial zone.
for residents where the development is urban settlement
or within reasonable vehicular proximity;
d) the location of lots intended for urban settlement within
proximity of retail and commercial facilties;
e) shared use of public facilities by adjoining communities;
f) enhancement of personal safety and minimisation of
potential for crime, vandalism and fear by maximising
opportunities for casual surveillance of public spaces; and
g) establishment of a sense of place.
O6 House site areas are— No solution provided. C6 Not applicable. No house sites are proposed.
a) located at least 50m from any land including within a
national park, conservation park, state forest reserve,
nature refuge, coordinated conservation area or
wilderness area; and
b) not located on steep slopes.
O7 Lots for residential development are designed to ensure S7.1 A variety of lot sizes and shapes is provided within the C7 Not applicable. No house sites are proposed.
variety in residential streetscapes. subdivision.
O8 The street network— S8.1 Where involving the construction of a new road, road C8 Not applicable. The proposal is for a reconfiguration of a lot
a) has design features, which convey the primary function of planning and design supports the hierarchy and functional (one (1) lot into three (3) lots and principal common property)
each type of street and encourage driver behaviour, aspects identified in Sections 2 and 3 of PSP5 Engineering only. No street network is proposed.
speeds and traffic volumes that are safe and appropriate Design Standards – Roads, Drainage and Earthworks; AND
to that function;
b) provides a high level of internal accessibility both within S8.2 Road and pathway planning and design is in accordance
the site and to external sites and appropriate external with, in order of precedence—
connections for vehicles, pedestrian and cycle a) Noosa Integrated Local Transport Plan;
movements; b) Queensland Transport‘s Shaping Up
c) deters through-traffic from residential areas and creates c) Queensland Design Code for Residential Streets;
safe conditions for local road users, pedestrians and d) AUSTROADS Guide to Traffic Engineering Practice;
cyclists; e) Sections 2 and 3 of PSP5 Engineering Design Standards-
d) incorporates street junctions and access to lots that are Roads, Drainage and Earthworks;
located and spaced to facilitate safe and convenient f) The Noosa Cycling and Walking Network Development
vehicle movements; Plan; or
e) provides for street widths and lengths that optimise the g) A combination of the principals in these documents; AND
cost effectiveness of the network and the provision of
public utilities; S8.3 The achievement of multiple connections for all roads and
f) provides for road reserve widths not less than the streets (excluding culs-de-sac) within the subdivision and to
minimum identified Section 2.3 of PSP5 Engineering adjoining subdivisions;
Design Standards – Roads, Drainage and Earthworks; AND
g) minimises the extent of earthworks required by being
sympathetic to the terrain; S8.4 Road networks provide connectivity between residential
h) has no significant adverse effects on habitat corridors or areas, both internally and to adjoining sites, using access roads;
areas of significant native vegetation; AND
i) does not create noise attenuation difficulties;
Please consider the environment before re-printing this Development Application.
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Specific Outcomes Probable solutions (if code assessable) Applicant Comment
j) incorporates pedestrian and cyclist crossings at S8.5 The length of a cul-de-sac does not exceed 200m in urban
intersections or where required to access high activity areas and 500m in rural areas; AND
nodes and public transport;
k) has regard to the potential for conflict between vehicles, S8.6 The layout uses street and road design, including
pedestrians and cyclists; and variations in carriageway width, as a traffic calming measure to
l) incorporates on-road cycling facilities. encourage lower traffic speeds. (Note: Carriageway widths are
identified in Section 2.3 of PSP5 Engineering Design Standards
– Roads, Drainage and Earthworks); AND
S8.7 On-road cycling treatment is utilised to provide safe and
continuous movement of cyclists along a roadway such as--
a) sealed shoulders;
b) wide kerbside lane;
c) exclusive or peak period bicycle lane;
d) advisory treatments such as Bicycle Awareness Zone;
e) shared parking / bicycle lane;
f) contra flow bicycle lane; or
g) bus/bicycle lane; AND
S8.8 The provision of bicycle lanes at intersections is generally
in accordance with AUSTROADS Part 14, section 5 and Manual
of Uniform Traffic Control Devices (MUTCD) Part 9.
O9 The development contains a pathway system that S9.1 Subdivision design and layout provides for walking and C9 Not applicable. The proposal is for a reconfiguration of a lot
encourages walking and cycling and provides a safe environment cycling routes designed and constructed in accordance with— (one (1) lot into three (3) lots and principal common property)
for users, and is-- a) Sections 2 and 3 of PSP5 Engineering Design Standards only. No pathway network is proposed.
a) a stable, smooth surface, including across driveways, – Roads, Drainage and Earthworks;
sections and joins; b) AUSTROADS Parts 13 and 14; and
b) easily maintained; c) The Noosa Cycling and Walking Network Development
c) of a width and longitudinal gradient to cater for projected Plan; AND
usage
d) inclusive of clear sight-lines for safe use;
e) be free of any obstructions such as fences, signage and S9.2 If within 1km of the Pathways Network identified on Map 2
bollards. of Schedule 5, the subdivision design and layout includes
pathways—
a) located in accordance with the Pathways Network identified
on Map 2 of Schedule 5; or
b) linking to the Pathways Network identified on Map 2 of
Schedule 5; AND
S9.3 Pedestrian routes are planned to provide clear, safe
connections between residential, open space, transit stops and
retail areas, and are located along, or are visible from, streets or
other public spaces; AND
S9.4 Primary pedestrian routes border the frontages of
residential, public parks and business uses; AND
Please consider the environment before re-printing this Development Application.
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Specific Outcomes Probable solutions (if code assessable) Applicant Comment
S9.5 Pedestrian routes through parking lots or at the rear of lots
are avoided;
AND
S9.6 Pedestrian and cycle path infrastructure is designed and
constructed to—
a) have sign posting, particularly where they are commuter
and recreational paths, and incorporate pavement markings
and line work in accordance with AUSTROADS Part 14
Bicycles, Section 9;
b) have navigational signs generally in accordance with the
Manual for Uniform Traffic Control Devices Bicycle
Directional Signage Guidelines, and Australian Standard
1742.9: 2000 Manual of Uniform Traffic Control Devices
Bicycle Facilities;
c) be clearly delineated by pavement markings and warning
signs when an on-road bicycle lane;
d) incorporate kerb ramps at all intersections and designated
crossings;
e) have refuge islands on all roads with median strips;
f) have holding rails for cyclists at the intersection of district
collector, subarterial and arterial roads that are positioned in
accordance with Australian Standard 1742.9:2000 – Manual
of Uniform Traffic Control Devices Bicycle Facilities, and
AUSTROADS Part 14 Bicycles Section 9;
g) have marked bicycle lanes, bicycle awareness zones or
storage boxes; and
h) Include lighting to pedestrian and cycle pathways to local
government requirements and in accordance with Australian
Standard 1583.1 Road Lighting – Pedestrian area
(Category P) lighting.
O10 The subdivision layout is designed to facilitate linkages S10.1 Where there is no relevant approved master plan, concept C10 As detailed in Section 3.1 of this report, the reconfiguration
with adjoining sites in the immediate area. plan, or site analysis plan, subdivision design incorporates future of a lot has been undertaken in accordance with the conditions of
road, street, cycleway and pedestrian path and open space a previous approval over the site (Council Reference:
connections to adjoining sites. DA2007/1259)
O11 Where the lots are to be used for Industrial business or No solution provided. C11 As detailed in Section 3.1 of this report, the reconfiguration
Commercial business uses, the layout provides for appropriate of a lot has been undertaken in accordance with the conditions of
buffer areas, to mitigate possible impacts on nearby residences a previous approval over the site (Council Reference:
or other noise sensitive uses. DA2007/1259)
O12 For lots in the Rural Settlement Zone—a sealed access to No prescribed solution. C12 Not applicable. The site is not included within the Rural
the nearest urban settlement is available. Settlement Zone.
14.195 Water supply for fire fighting
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O13 An adequate and accessible water supply is provided for S13.1 Each lot is connected to a reticulated water supply that is C13 Proposed Lots 1 and 2 have access to reticulated water
fire fighting purposes. reliable and conforms to Council‘s Standards; OR supply. Proposed Lot 3 is to be dedicated to the Council for
environmental purposes.
S13.2 For areas not in a water service area, each lot has an
accessible dam or a dedicated water tank for fire fighting and
contains not less than 5,000 litres per dwelling unit; AND
S13.3 All tanks are fitted with a coupling suitable for attachment
to fire fighting appliances.
14.196 Energy efficiency
O14 The street and lot orientation facilitates the construction of S14.1 For Community Title Development or urban residential C14 Not applicable. The proposal is for a reconfiguration of a lot
energy efficient buildings that respond to the local climate development each lot contains a rectangular house site area only. No buildings are proposed.
conditions. AND where the long axis is within 20 degrees of true North and has
minimum dimensions of—
O15 For residential development, the subdivision design a) if the lot is between 450m2 and 599m2- 10m x 15m; or
provides for the maximum practicable number of lots with house b) if the lot is less than 450m2 - 9m x 15m. AND
site areas that—
a) maximise solar access to the north in winter; S14.2 Community Title Development lots are generally
b) minimise solar access to the east and west in the rectangular in shape and have a maximum slope of—
summer; a) 10% (1:10); and
c) maximise access to any prevailing summer breezes; and b) 5% (1:20) when measured from the front to the rear of the
d) minimise exposure to prevailing winter winds. lot.
S15.1 No Solution provided
14.197 Infrastructure
O16 Each lot is capable of being serviced by appropriate levels S16.1 All lots are connected to power supply and C16 Proposed Lots 1 and 2 will be connected to all essential
of— telecommunications services; AND infrastructure.
a) water supply;
b) reticulated sewerage;
c) stormwater drainage;
d) power supply; and
e) telecommunications; AND
O17 The design and provision of public services and utilities, S17.1 For lots in urban settlements—power supply and C17 Proposed Lots 1 and 2 will be connected to all essential
including sewerage, water, electricity, street lighting and communications infrastructure are provided underground; or infrastructure to a standard acceptable to both the Council and
telecommunication services— infrastructure providers.
a) meets the needs of users;
b) ensures health, safety and convenience of the S17.2 For lots elsewhere—power supply and communications
community; infrastructure are provided underground unless—
c) protects the natural environmental values of the site and a) located in the Rural Zone or Rural Settlement Zone and
surrounds, including visual amenity and native where not in a Bushfire Hazard Area as defined on
vegetation; Overlay Maps OM1.4-OM9.4;
d) are cost effective over their life cycle; b) new low voltage lines can be strung from poles carrying
e) minimises adverse impacts to the environment (including existing high voltage lines; or
Please consider the environment before re-printing this Development Application.
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the amenity of the local area) in the short and long term; c) no extensions to the existing reticulation network is
and necessary; or
f) ensures that the existing systems are upgraded or d) it is necessary to cross a body of water; AND
relocated to be capable of supporting the proposed e)
development;
S17.3 Street lighting is provided in accordance with Section 3.19
of PSP5 Engineering Design Standards – Roads, Drainage and
Earthworks; AND
S17.4 For lots not within a sewerage service area—the lot has
sufficient area and other attributes to ensure sustainable on-site
sewerage disposal;
Advisory note
PSP24 – Effluent Disposal details requirements for the
design and siting of effluent disposal systems where located
outside a sewerage service area. Compliance with PSP24
O18 Essential public utilities are available and maintain their will be considered as part of Council‘s assessment of the
function during flood events up to a 1% AEP (1:100 year ARI) plumbing and drainage application.
flood event.
S18.1 Components of the infrastructure that are likely to fail or may C18 The site is currently serviced by appropriate infrastructure
result in contamination are— which accords with the Council‘s requirements.
a) located above the level of a 1% AEP (1:100 year ARI) flood
event; or
b) designed and constructed to exclude water inundation or
infiltration and resist hydrostatic and hydrodynamic forces
as a result of inundation.
Electricity supply infrastructure S19.1 Building footprints are situated clear of any power C19 As above.
O19 Uses and works maintain a safe distance from electrical easements on-site;
infrastructure including substations, overhead power lines, power AND
poles and transformers.
S19.2 Building footprints are not less than 50m from an existing
fenced electricity substation.
14.198 Earthworks and stormwater management
O20 Stormwater run-off is managed so as not to cause any No solution provided C20 Stormwater will be treated in accordance with the
adverse impacts on the built or natural environment including Stormwater Management Plan approved as part of the Material
changes in quality, quantity or location of stormwater discharges. Change of Use (Council Reference: DA2007/1259).
O21 Filling or excavation only occurs where it does not No prescribed solution. C21 Filling of the site will occur in accordance with Development
adversely impact on— Approval (Council Reference: DA2007/1259).
a) watercourses, drainage lines and wetlands; or
b) vegetation on land identified on Biodiversity Overlay
Maps OM1.1-OM9.1; or
c) water levels on properties elsewhere.
Please consider the environment before re-printing this Development Application.
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14.199 Landscaping and visual amenity
O22 Land development responds to the distinctive landscape S22.1 The natural landform and landscape are not modified to C22 The site will be developed in accordance with Development
character of the site by utilising the natural features of the site, accommodate the development. Approval (Council Reference: DA2007/1259).
which include—
a) watercourses and drainage lines;
b) significant trees;
c) understorey vegetation;
d) rock outcrops; and
e) views.
O23 Native vegetation, including individual mature trees are S23.1 Buffers of existing native vegetation around site C23 Native vegetation within Proposed Lot 3 will be preserved in
retained, protected, maintained and supplemented, with boundaries and environmentally sensitive areas are retained and perpetuity.
particular consideration given to— reinforced through additional planting; AND
a) roadsides;
b) the amenity of adjoining land uses; and S23.2 For reconfiguring in the Rural Zone and Rural Settlement
c) the protection of environmentally sensitive areas. Zone—
a) a 10m landscaped buffer area is provided along road
frontages;
b) clearing and disturbance to vegetation is minimised around
road works, laying of services and utilities and construction
of property entrances;
c) revegetation of disturbed areas occurs after completion of
works; and
d) planting of clusters of trees along the road reserves to form
a tree canopy cover is provided
O24 Buildings and other structures do not have a significant S24.1 All lots include a building envelope that enables buildings C24 Not applicable. No new buildings or structures are
adverse impact upon the visual amenity of surrounding areas. and structures to be sited so they do not— proposed.
a) protrude above ridgelines; or
b) result in the unnecessary removal of vegetation from the
site.
14.200 Open space
O25 Public open space is design and located to— S25.1 A minimum of 10% of the total site area, is provided as C25 The proposed reconfiguration of a lot is to facilitate the
a) provide for a range of recreational settings and public open space; dedication of parkland to the Council for environmental
accommodate adequate and appropriate facilities to meet OR purposes. No additional demand will be made on local parks.
the needs of the community;
b) provide a range of safe and easily accessible recreational S25.2 Park contributions are paid in accordance with PSP12
opportunities for the community, except where dedicated Public Open Space Contributions; AND
for conservation purposes;
c) contribute to the legibility, accessibility and character of S25.3 A park has direct road frontages of a minimum of 25% of
the locality; the total allotment boundary of the park to provide physical
d) create attractive environment settings and focal points; access and visibility; AND
e) facilitate appropriate measures for stormwater and flood
management; S25.4 Recreational facilities (including playgrounds, pergolas,
f) enable the retention and protection of significant barbeques etc.) within a dedicated open space area are setback
vegetation, wetlands, watercourses, drainage lines and
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other native habitat areas, their associated buffers and a minimum of 30m from the top of the bank of a watercourse and
linkages/corridors and natural and cultural features; and 10 from the top of the bank of a drainage line; AND
g) be cost effective to maintain. AND
S25.5 Land intended for public open space complements
existing adjacent and surrounding open space areas and
provides linkages to these areas; AND
S25.6 Open space is provided adjacent to watercourses, with
roads servicing the linear parkland and lots located on the
O26 The natural environmental and cultural values of land in the opposite side of the road to the watercourse.
Open Space Conservation Zone is not adversely affected by
subdivision, and land in freehold tenure in this zone is not S26.1 Land in the Open Space Conservation zone is retained in C26 Not applicable. The site is no situated in the Open Space
subdivided. one contiguous lot. Conservation Zone.
O27 Adequate land is provided for active recreation and is of a S27.1 Active parkland is of a compact shape free of irregular C27 Not applicable. No active parkland is proposed.
physical standard and condition suitable for the intended uses boundaries and is no less than 1ha in size; AND
and is not subject to physical or other constraints including
contamination, biophysical constraints or legislative protection S27.2 At least 60% of the active parkland provided within the
that would encumber it use. development is unencumbered by legislation or covenants that
would restrict its use for active recreation; AND
S27.3 Active parkland is located on land that is exclusive of—
a) flood inundation below the 20% AEP (1:5 year ARI level);
b) land affected by stormwater or overland flow discharge
from adjacent allotments;
c) drainage reserves and detention
d) basins, which cannot be shown to safely and effectively
contribute to the network of parks and open space areas;
e) land with a slope, or subject to cut and fill with a batter
slope, that exceeds a slope of 15% (1:67);
f) areas of land less than 15m wide, such as access and
service and utility easements;
g) land required to serve primarily as a buffer area to any
existing development or major transport corridor; and
h) power easements. AND
S27.4 At least 10% of the total open space provision for active
parkland is exclusive of flood inundation below the 1% AEP (1:100
year ARI level or the highest recorded flood level, whichever is the
greatest.
Availability and protection of resources S28.1 No additional lots are created within Areas of Potential C28 Not applicable. The site is not identified as being located
O28 Development does not limit the potential for the utilisation Extractive or Mining Resource Influence shown on Overlay Maps within an Area of Potential Extractive or Mining Resource
of extractive resources by creating conflicts of interest. OM1.5—OM9.5. Influence.
14.201 Road and rail corridors
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O29 Lots for residential development are not subjected to high S29.1 Lots intended for residential development are separated C29 Not applicable. The site is not subject to high traffic noise
traffic noise levels from the major road network or rail corridors. by a minimum of— levels.
a) 40m from the property boundary of roads within the
major road network; and
b) 80m from the property boundary of rail corridors; OR
S29.2 Development in the vicinity of road corridors meets the
following external design criteria for roads in the major road
network—63dB(A)L10 (18hours) based on predicted traffic volumes
ten years hence; OR
S29.3 Development in the vicinity of rail corridors meets the
following external design level noise criteria—
a) 65dB(a), assessed as the 24hour average equivalent
continuous A-weighted sound pressure level; and
b) 87dB(A), assessed as a single event maximum sound
pressure level.
14.202 Access easements
O30 Access easements are in appropriate locations for safe S30.1 Access easements are designed in accordance Sections C30 Not applicable. No access easements are proposed.
access and egress, and supply appropriate widths and levels of 2 and 3 of PSP5 Engineering Design Standards – Roads,
service for the number of vehicles that will utilise them. Drainage and Earthworks.
14.203 Traffic
O31 Traffic generated by the development is within the S31.1 Any required upgrading of external roads to the C31 The proposed reconfiguration of a lot will not affect the
acceptable capacity of external roads and does not have an necessary standard to cater for the expected traffic numbers is volume of traffic using the local road network.
adverse impact upon the functioning of the road network. undertaken at no cost to Council.
5.3 Landscaping Works Code
The Landscaping Works Code aims to ensure that landscaping is undertaken in accordance with the Council‘s requirements. The proposal is for a
Reconfiguration of a Lot only, and no specific landscaping works are proposed. All necessary landscaping we be undertaken in accordance with the
Landscaping Code and Planning Scheme Policy 11.10.
5.4 Engineering Works Code
The Engineering Works Code aims to ensure Civil Works and Infrastructure Provision are undertaken in accordance with the Council‘s requirements.
All necessary landscaping will be undertaken in accordance with the Engineering Works Code.
Please consider the environment before re-printing this Development Application.
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5.5 Natural Hazards Overlay Code
Column 1 Column 2 Column 3
Specific Outcomes Probable solutions (if code assessable) Applicant Comment
13.32 Effects of Use
General S1.1 The proposed development is not located in a landslide C01 Not Applicable. The site is not identified as being within a
O1 Development is located to ensure it does not compromise hazard area as landslide hazard area. As such, the proposal does not increase
the safety of people, property or hazardous materials indicated on Overlay Maps OM1.3-OM9.335; the risk of landslide.
manufactured or stored in bulk OR
by increasing risk of landslide; S1.2 The development site is not subject to landslide, either
internally or from sloping land above the site {eg. slopes are less
AND than 1 in 10 (10%)
AND
S1.3 Development, including necessary earthworks within Precinct
F of the Noosa Springs site, improves the stability of any non-
natural landform so it is not at risk from landslide either on the site
or from sloping land above the site.
O2 Development, including accessways is designed and S2.1 No solution provided C02 Not Applicable. The site is not identified as being within a
constructed to— landslide hazard area. As such, the proposal does not increase
a) minimise impacts on the natural landform; the risk of landslide.
b) minimise risk to people and property from landslide;
c) avoid any potential instability and associated problems,
including long term stability of the site and long term stability of
the development.
Protection of Infrastructure and Community S3.1 Community Uses and Infrastructure Uses are not located C03 Not Applicable. The site is not identified as being within a
Uses in a landslide hazard area as indicated on Overlay Maps OM1.3- landslide hazard area.
O3 Community Uses and Infrastructure Uses, including that OM9.3;
identified below, are able to function effectively during and OR
immediately after landslide
events— S3.2 The community infrastructure development—
a) Emergency service facilities; a) does not result in any new building work other than an addition
b) Hospitals; to an
c) Education Type 4 uses, including stores for valuable records existing building;
or items of historic or cultural significance; and b) does not involve vegetation clearing;
d) Service and utility uses, including electricity substations, and
major electrical depots and water treatment plants. c) does not alter ground levels or stormwater conditions;
OR
S3.3 The development includes measures that ensure—
a) the long term stability of the site;
b) access to the site will not be impeded
by a landslide event; and
c) the community infrastructure will not be adversely affected by
landslides
originating on sloping land above the site.
Please consider the environment before re-printing this Development Application.
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New Uses S4.1 The use is sited on land that is not in a Medium or High C04 The proposed reconfiguration provides sufficient area to
O4 The proposed use does not compromise the safety of people Bushfire Hazard Area; accommodate the 6m wide bushfire buffer and access track, as
or property from bushfire. OR required by the conditions of Development Approval (Council
Reference: DA2007/1259).
S4.2 The use is sited on land that is determined as low bushfire
risk by a site specific bushfire hazard assessment.
Protection of Infrastructure and Community Uses S5.1 Community Uses and Infrastructure Uses are not located C05 Not Applicable. The application does not propose to
in a High or Medium Bushfire Hazard Area identified on Overlay develop any uses identified in the Specific Outcomes.
O5 Community Uses and Infrastructure Uses, including that Maps OM1.4 to OM9.4;
identified below, are able to function effectively during and OR
immediately S5.2 Building work will not involve more than an additional 20m2
after bushfire events— of gross floor area to an existing building;
a) Emergency service facilities; OR
b) Hospitals; S5.3 Where located in a High or Medium Bushfire Hazard Area
c) Education Type 4 uses, including stores for valuable records identified on Overlay Maps OM1.4 to OM9.4, uses are designed to
or items of historic or cultural significance; and function effectively during and immediately after bushfire events.
d) Service and utility uses, including electricity substations,
major electrical depots and water treatment plants.
Hazardous materials S6.1 Hazardous materials are not manufactured and stored on the C06 Not Applicable. The proposal does not result in the storage
O6 Public safety and the environment are not adversely affected site. or manufacturing of hazardous materials.
by the detrimental impacts of bushfire on hazardous materials
manufactured or stored in bulk.
13.34 Siting, Design and Construction
O7 Uses and works including building works are sited, designed S7.1 Uses and works including building works are sited— C07 The proposed reconfiguration provides sufficient area to
and constructed to— a) on lots greater than 2500m2; accommodate the 6m wide bushfire buffer and access track, as
a) minimise the number of people and property subject to i) in locations of lowest hazard within the lot (Figure 13.5 provides required by the conditions of Development Approval (Council
bushfire risk; and guidance); and Reference: DA2007/1259).
b) maximise the protection of people and property during the ii) to achieve setbacks from hazardous vegetation of 1.5 times the
passage of a fire predominant mature canopy tree height or 10m whichever is the
front. greater; and
iii) 10m from any retained vegetation strips or small areas of
vegetation;
and
iv) so that the elements of the development least susceptible to
fire are sited closest to the bushfire hazard;
b) on lots 2500m2 or less - to maximize setbacks from hazardous
vegetation.
13.35 Water Supply for Fire Fighting
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O8 An adequate and accessible water supply is provided for fire S8.1 For premises not in a water service area— each lot has an C08 Not Applicable. The site is located within a water service
fighting purposes. accessible dam, swimming pool or water tank accessible by the area.
fire brigade that contains at least 5000 litres of water.
13.36 Vehicle Access and Fire Trails
Firebreaks and fire access tracks S9.1 Firebreaks are provided by— C09 The proposed reconfiguration provides sufficient area to
O9 Firebreaks or fire access tracks provide— a) a cleared road reserve not less than 20m wide located around accommodate the 6m wide bushfire buffer and access track, as
a) adequate access for fire fighting and other emergency the perimeter of the development; required by the conditions of Development Approval (Council
vehicles; and OR Reference: DA2007/1259).
b) adequate width to minimise the risk of fire crossover. b) fire access tracks between the development and surrounding
vegetated lands that—
i. are a minimum cleared width of 6m;
ii. have a maximum grade of 1 in (12.5%);
iii. have a formed pavement;
iv. have access at each end and in other locations where
necessary;
v. have passing areas and turning areas;
vi. have clearly identified access points for emergency vehicles;
and
vii. are located on public land or within access easements that are
granted in favour of the Sunshine Coast Regional Council and the
Queensland Fire and Rescue Service.
13.37 Reconfiguring a Lot
General S10.1 The proposed lots are not located on land that is subject to C10 The proposed reconfiguration provides sufficient area to
O10 The safety of people and property are maintained by Medium or High Bushfire Hazard on overlay maps OM1.4- accommodate the 6m wide bushfire buffer and access track, as
a) Locating house site areas and other sensitive uses on that OM9.442; required by the conditions of Development Approval (Council
part of the land least affected by the bushfire hazard; and OR Reference: DA2007/1259).
b) fire mitigation methods are used that are adequate for the
Potential Bushfire Hazard rating of the individual site, having S10.2 The proposed lots are sited on land determined as low
regard to – bushfire risk by a site specific bushfire hazard assessment.
i. vegetation type; AND
ii. slope;
iii. aspect; S10.3 Additional lots are not created where their only vehicular
iv. on-site and off-site fire hazard implications of the access route is through a Medium or High Bushfire Hazard area
development; shown on overlay maps OM1.4-OM9.4
v. bushfire history;
vi. conservation values of the site; and
vii. ongoing maintenance.
Firebreaks and fire access tracks S11.1 Firebreaks are provided by— C11 The proposed reconfiguration provides sufficient area to
O11 Firebreaks or fire access tracks provide— a) a cleared road reserve not less than 20m wide located around accommodate the 6m wide bushfire buffer and access track, as
a) adequate access for fire fighting and other emergency the perimeter of the subdivision, between the created lots and required by the conditions of Development Approval (Council
vehicles; and surrounding vegetated lands; Reference: DA2007/1259).
b) adequate width to minimise the risk of fire crossover. OR
Please consider the environment before re-printing this Development Application.
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Specific Outcomes Probable solutions (if code assessable) Applicant Comment
b) fire access tracks (may be in the form of an access easement)
between the created lots and surrounding vegetated lands that—
i. are a minimum cleared width of 6m;
ii. have a formed pavement;
iii. have access at each end and in other locations where
necessary;
iv. have passing areas and turning areas;
v. have clearly identified access points for emergency vehicles;
and
vi. are located on public land or within access easements that are
granted in favour of the Sunshine Coast Regional Council and the
Queensland Fire and Rescue Service.
Road network S12.1 Cul-de-sacs or no-through roads are not used in the street C12 Not Applicable. No new roads are proposed.
O12 Roads provide for the safe and effective evacuation of network unless—
users of premises and access by Emergency services. a) a perimeter road reserve with a minimum reserve width of 20m
and a formed width of not less than 6m is provided; or
b) cul-de-sacs or no-through roads are provided with fire trails or
access
easements, capable of being navigated by conventional vehicles,
that link to through roads (see Figures 13.3 and 13.4);
AND
S12.2 Roads have a maximum grade of 1 in 8 (12:5%).
Figure 13.3—Consistent road network and lot
layout
Figure 13.4—Inconsistent road network and
lot layout
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Lot design S13.1 Each residential lot— C13 The proposed reconfiguration provides sufficient area to
O13 Lot design and building siting minimizes bushfire hazard to a) includes a house site area, identified on the plan of subdivision; accommodate the 6m wide bushfire buffer and access track, as
people and property having regard to slope, aspect, existing b) is of sufficient size and dimensions to accommodate a dwelling required by the conditions of Development Approval (Council
vegetation and adequate separation from hazardous vegetation. and ancillary Reference: DA2007/1259).
buildings and use areas;
c) for lots more than 2,500m—
i. conform with the principals for house site numbers 1, 2 or 3
shown in Figure
13.5; and
ii. are separated from hazardous vegetation for a distance the
minimum
of 1.5 times the predominant mature canopy height or 10m,
whichever is the
greater; and
d) for lots less than 2,500m2, maximize separation of buildings
from hazardous
vegetation.
S13.2 Residential lots are designed so that their size and shape
allow for efficient emergency access to buildings for fire fighting
appliances
(e.g. by avoiding long narrow lots with long access driveways).
Figure 13.5—House sites in bushfire hazard areas
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Specific Outcomes Probable solutions (if code assessable) Applicant Comment
(1 being the safest – 6 being the most hazardous)
Table 13.10 Flood Hazard Areas
13.38 Effects of Use and Subdivision
Safety and floodplain function S14.1 The use does not result in an increase in the number of C14 The site will be filled in accordance with the MCU approval
O14 The proposed use does not compromise the safety of persons living, working or congregating in Flood Hazard Areas (Council Reference: DA2007/1259). This ensures future
people or property from floods up to and including a 1% AEP identified on Overlay Maps OM1.3—OM9.3; or development will remain flood free.
(1:100 year ARI) flood event.
S14.2 At least one access route above the 1% AEP (1:100 year
ARI) flood level is available for evacuation; or
S14.3 An area of sufficient size and dimensions to accommodate
users is provided, above the 1% AEP (1:100 year ARI) flood level
that allows for safe congregation and evacuation;
AND
S14.4 Works avoid any reductions in on-site flood storage
capacity and contain within the site any adverse changes,
including changes to the depth, duration or velocity of flood waters
up to and including a 1% AEP (1:100 year ARI) flood event.
O15 Development does not result in adverse impacts on S15.1 No solution provided C15 The site will be filled in accordance with Development
people‘s safety and capacity to use land within floodplains. Approval (Council Reference: DA2007/1259), to ensure the
site is free from potential flooding issues.
Hazardous materials S16.1 Hazardous materials are manufactured and stored above C16 Not applicable. No hazardous materials are to be stored on
O16 Public safety and the environment are not adversely the level of a 1% AEP (1:100 year ARI flood event; the site.
affected by the detrimental impacts of floodwater on hazardous OR
materials manufactured or stored in bulk.
S16.2 Buildings or structures used for the manufacture or storage
of hazardous materials are designed to prevent the intrusion of
floodwaters up to the level of a 1% AEP (1:100 year ARI) flood
event.
Infrastructure
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O17 Sewerage treatment plants maintain their function during S17.1 Components of the sewerage treatment plants that are C17 Not applicable. The site is connected to the Councils
flood events up to a 1% AEP 1:100 year ARI) flood event. likely to fail or may result in contamination are— reticulated sewerage network.
a) located above the level of a 1% AEP (1:100 ARI) flood event; or
b) are designed and constructed to exclude water inundation or
infiltration and resist hydrostatic and hydrodynamic forces as a
result of inundation.
O18 Community Uses and Infrastructure S18.1 Community Uses and Infrastructure C18 The site will be filled in accordance with Development
Uses are able to function effectively during and immediately Uses are sited and constructed to ensure that floor levels are not Approval (Council Reference: DA2007/1259), to ensure the
after flood events. less than the AEP (or ARI) levels identified below— site is free from potential flooding issues.
a) Emergency service facilities- 0.2% AEP (1:500 ARI);
b) Emergency shelter- 0.5% AEP (1:200 ARI);
c) Police station- 0.5% AEP (1:200 ARI);
d) Hospital- 0.2% AEP (1:500 ARI);
e) Electricity substation- 0.2% AEP (1:500 ARI);
f) Water treatment plant- 0.2% AEP (1:500 ARI);
g) Power station- 0.5% AEP (1:200 ARI);
h) Major electrical switch yard- 0.5% AEP (1:200 ARI); and
i) Store for valuable records or items of historic or cultural
significance- 0.5% AEP (1:200 ARI).
O19 All lots have sufficient area that is above the 1% AEP S19.1 The minimum area above flood level for each lot, is in C19 The site will be filled in accordance with Development
(1:100 year ARI) flood level or where modelling is not available, accordance with Table 13.11; Approval (Council Reference: DA2007/1259), to ensure the
the highest recorded flood level, to safely and adequately AND site is free from potential flooding issues.
accommodate their intended use. S19.2 Where the existing roads servicing a development provide a
specific flood immunity (as determined by Chapter 6 of the Qld
Transport Road and Drainage Design Manual and the Australian
Rainfall and Runoff Guide), all lots have access to the flood free
area identified in Table 13.11 that matches the road immunity;
AND
S20.1 Flood immunity for development areas is not achieved by
filling land below the 1% AEP (1:100 year ARI) flood level; or
O20 Development integrates with the natural landform rather
than modifying the landform to suit the development. S20.2 Where modelling is not available, flood immunity for C20 The site will be filled in accordance with the MCU approval
development areas is not achieved by filling land below the (Council Reference: DA2007/1259). This ensures future
highest recorded flood level. development will remain flood free.
O21 Filling or excavation only occurs where it does not No solution provided. C21 The site will be filled in accordance with the MCU approval
adversely impact on— (Council Reference: DA2007/1259). This ensures future
a) watercourses, drainage lines and wetlands; and development will remain flood free. The filling of the site has
b) vegetation on land identified on Biodiversity Overlay Maps therefore already been assessed by the Council.
OM1.1-OM9.1;
and
c) water levels on properties elsewhere.
Please consider the environment before re-printing this Development Application.
Page 42
M2358
Page 41 of 43
March, 2010
Column 1 Column 2 Column 3
Specific Outcomes Probable solutions (if code assessable) Applicant Comment
Table 13.12 Acid Sulfate Soil Areas
13.39 Effects of Works
General Partial solution C21 No significant excavation is proposed for the site. As such,
O22 Works do not disturb acid sulfate soils or are managed to S22.1 The disturbance of acid sulfate soils is avoided by— the disturbance to acid sulfate soils will be minimal.
avoid the release of acid or associated metal contaminants. a) not excavating or otherwise removing soil or sediment identified
as containing acid sulfate soils;
b) not permanently or temporarily extracting groundwater that
results in the aeration of previously saturated acid sulfate soils;
and
c) not undertaking filling that results in actual acid sulfate soils
being moved below the watertable or previously saturated acid
sulfate soils being aerated;
OR
S22.2 The disturbance of acid sulfate soils avoids the release of
acid or associated metal contaminants by—
a) neutralising existing acidity and preventing the generation of
acid and associated metal contaminants; and
b) preventing the release of surface or groundwater flows
containing acid or associated metal contaminants into the
environment.
Please consider the environment before re-printing this Development Application.
Page 43
M2131 – Bruna Sgualdino
Page 42 of 43
January, 2010
6.0 STATE PLANNING POLICIES
State Planning Policy 1/92 – Development and Conservation of Agricultural Land
Not Applicable.
State Planning Policy 1/02 – Development in the Vicinity of Certain Airports and Aviation
Facilities
Not Applicable.
State Planning Policy 2/02 – Planning and Managing Development involving Acid Sulfate
Soils
The proposal does not involve any excavation, therefore meeting the requirements of the
policy.
State Planning Policy 1/03 – Mitigating the Adverse Impacts of Flood, Bushfire and Landslide
Policy Principal Comment
FLOOD The land will be filled to ensure
1. Development maintains the safety of people on the development site from all the development site remains
floods up to and including the DFE flood free during a Q100 flood
2. Development does not result in adverse impacts on people‘s safety or the event.
capacity to use land within the floodplain.
3. Development minimises the potential damage from flooding to property on the
development site.
4. Public safety and the environment are not adversely affected by the
detrimental impacts of floodwater on hazardous materials manufactured or
stored in bulk.
5. Essential services infrastructure (e.g. on-site electricity, gas, water supply,
sewerage and telecommunications) maintains its function during a DFE.
BUSHFIRE The proposal provides sufficient
6. Development maintains the safety of people and property by: area to accommodate the
a) avoiding areas of High or Medium bushfire hazard; or bushfire buffer and trail as
b) mitigating the risk through: conditioned within the existing
Allotment design and siting of buildings; and Development Approval (Council
Including firebreaks that provide adequate: Reference: DA2007/1259).
setbacks between buildings/structures and hazardous vegetation, and
access for fire-fighting/other emergency vehicles;
providing adequate road access for fire-fighting/other emergency
vehicles and safe evacuation; and
providing an adequate and accessible water supply for fire-fighting
purposes.
7. Public safety and the environment are not adversely affected by the
detrimental impacts of bushfire on hazardous materials manufactured or
stored in bulk.
LANDSLIDE Not Applicable.
8. Development maintains the safety of people, property and hazardous
materials manufactured or stored in bulk from the risk of landslide.
Please consider the environment before re-printing this Development Application.
Page 44
M2131 – Bruna Sgualdino
Page 43 of 43
January, 2010
7.0 CONCLUSION
The Applicant, Scanlon Property Group, seeks a Development Permit for a Reconfiguration of
a Lot (one (1) lot into three (3) lots and principal common property) over land located at, 215-
219 David Low Way, Peregian Beach and described as Lot 77 on SP231615. The proposal is
supported on the following grounds:-
The proposal has been designed in accordance with the conditions of a previous,
related approval (Council Reference: DA2007/1259);
The proposed reconfiguration will allow for the future uses of the site to be effectively
managed.
The proposal accords with the relevant elements of the SEQRP;
The proposal accords with the applicable State Planning Policies; and
The proposal accords with the relevant sections of the Noosa Plan;
We hereby respectfully request that the Council approve the abovementioned application,
subject to fair and reasonable conditions.
Please consider the environment before re-printing this Development Application.
Page 45
M2358 – Scanlon Property Group
APPENDIX A
Locality Plan, prepared by
Jones Flint & Pike Pty Ltd
[OCR of page images]
M2358 — Scanlon Property Group JFOP
APPENDIX A
Locality Plan, prepared by
Jones Flint & Pike Pty Ltd
Page 46
~ NOTES Noosa National Park (1) This plan was prepared for the purpose and exclusive use of SCANLON PROPERTY GROUP to accompany an application to SUNSHINE COAST REGIONAL COUNCIL for a Development Permit to Reconfigure the land described in the plan and is not to be used for any other purpose or by any other person or corporation. JONES FLINT & PIKE PTY. LTD. accepts no responsibility for any loss or damage suffered howsoever arising to any person or corporation who may use or rely on this plan in contravention to the terms of this clause or clauses 2, 3 or 4 hereof. (2) The base information on this plan is derived from others and is suitable only for the purpose of this application (3) The dimensions, areas, size and location of improvements, flood information (if shown) and number of lots shown on this plan are approximate only and may vary. (4) This plan may not be reproduced unless these notes are included 8 Sp PROPERTY DESCRIPTION PROPOSED LOTS 1-3 CANCELLING ONE LOT 76 ON MCH2969 AND LOTS 8-10 ON P9315 2 PARISH OF WEYBA 8 COUNTY OF MARCH ~ TOTAL AREA 2.313 ha <= oO oO oO a SITE - & oO) 2 oO a eleh=yre atlona » ( 7 YY YY Y >) JONES FLINT & PIKE ow eg 8) A000 ato een reson bet PEAR URaMh Sooo SNVERNG. ENGINEERING. LANDSCAPE AROMIECTURE SCALE (=p yr metres | ment | detalls date init sheet 1 of | sheets BRISBANE . SUNSHINE COAST . GLADSTONE \\ Lier ier ee ier eee original issue 12.04.10 | TJM SITE AT DAVID LOW WAY, PEREGIAN BEACH drawing number BRISBANE - JF+P HOUSE . A designed COPYRIGHT (G) 2010 JONES FLINT & PIKE PTY LTD A SCAN LON PRO PE RTY G ROU P Sout Drabere’ Gasearand #101 A } ‘drawn TM | THs nar © MAY NOT BE COPIED OR TRANSMITTED IN M2358-05 aa [Goce fex] Senet” LOCALITY PLAN www jfp.com.au (approved RS. ye pe Ke 12th April 2010 }) :\M2358\Stage O\AutoCAD| Working Drawings|M2358-05_PP. dwg
Page 47
M2358 – Scanlon Property Group
APPENDIX B
Current Title Search
[OCR of page images]
M2358 — Scanlon Property Group JFOP
APPENDIX B
Current Title Search
Page 48
CURRENT TITLE SEARCH
ENVIRONMENT AND RESOURCE MANAGEMENT, QUEENSLAND
Request No: 8744628
Search Date: 08/03/2010 10:01 Title Reference: 13976100
Date Created: 13/02/1967
REGISTERED OWNER
Dealing No: 707441771 04/02/2004
THOMCO (NO.2087) PTY LTD A.C.N. 106 723 488
TRUSTEE
UNDER INSTRUMENT 707441771
ESTATE AND LAND
Estate in Fee Simple
LOT 10 CROWN PLAN P9315
County of MARCH Parish of WEYBA
Local Government: SUNSHINE COAST
EASEMENTS, ENCUMBRANCES AND INTERESTS
1. Rights and interests reserved to the Crown by
Deed of Grant No. 13976100 (ALLOT 10 SEC 7)
2. MORTGAGE No 707441774 04/02/2004 at 09:02
NATIONAL AUSTRALIA BANK LIMITED A.B.N. 12 004 044 937
ADMINISTRATIVE ADVICES - NIL
UNREGISTERED DEALINGS - NIL
CERTIFICATE OF TITLE ISSUED - No
Caution - Charges do not necessarily appear in order of priority
** End of Current Title Search **
COPYRIGHT THE STATE OF QUEENSLAND (ENVIRONMENT AND RESOURCE MANAGEMENT) [2010]
Requested By: D APPLICATIONS CITEC CONFIRM
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Page 49
CURRENT TITLE SEARCH
ENVIRONMENT AND RESOURCE MANAGEMENT, QUEENSLAND
Request No: 8744627
Search Date: 08/03/2010 10:01 Title Reference: 13745184
Date Created: 30/04/1965
REGISTERED OWNER
Dealing No: 707441771 04/02/2004
THOMCO (NO.2087) PTY LTD A.C.N. 106 723 488
TRUSTEE
UNDER INSTRUMENT 707441771
ESTATE AND LAND
Estate in Fee Simple
LOT 9 CROWN PLAN P9315
County of MARCH Parish of WEYBA
Local Government: SUNSHINE COAST
EASEMENTS, ENCUMBRANCES AND INTERESTS
1. Rights and interests reserved to the Crown by
Deed of Grant No. 13745184 (ALLOT 9 SEC 7)
2. MORTGAGE No 707441774 04/02/2004 at 09:02
NATIONAL AUSTRALIA BANK LIMITED A.B.N. 12 004 044 937
ADMINISTRATIVE ADVICES - NIL
UNREGISTERED DEALINGS - NIL
CERTIFICATE OF TITLE ISSUED - No
Caution - Charges do not necessarily appear in order of priority
** End of Current Title Search **
COPYRIGHT THE STATE OF QUEENSLAND (ENVIRONMENT AND RESOURCE MANAGEMENT) [2010]
Requested By: D APPLICATIONS CITEC CONFIRM
Page 1/1
Page 50
CURRENT TITLE SEARCH
ENVIRONMENT AND RESOURCE MANAGEMENT, QUEENSLAND
Request No: 8744497
Search Date: 08/03/2010 09:55 Title Reference: 14176055
Date Created: 19/06/1968
REGISTERED OWNER
Dealing No: 707441771 04/02/2004
THOMCO (NO.2087) PTY LTD A.C.N. 106 723 488
TRUSTEE
UNDER INSTRUMENT 707441771
ESTATE AND LAND
Estate in Fee Simple
LOT 8 CROWN PLAN P9315
County of MARCH Parish of WEYBA
Local Government: SUNSHINE COAST
EASEMENTS, ENCUMBRANCES AND INTERESTS
1. Rights and interests reserved to the Crown by
Deed of Grant No. 14176055 (ALLOT 8 SEC 7)
2. MORTGAGE No 707441774 04/02/2004 at 09:02
NATIONAL AUSTRALIA BANK LIMITED A.B.N. 12 004 044 937
ADMINISTRATIVE ADVICES - NIL
UNREGISTERED DEALINGS - NIL
CERTIFICATE OF TITLE ISSUED - No
Caution - Charges do not necessarily appear in order of priority
** End of Current Title Search **
COPYRIGHT THE STATE OF QUEENSLAND (ENVIRONMENT AND RESOURCE MANAGEMENT) [2010]
Requested By: D APPLICATIONS CITEC CONFIRM
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Page 51
CURRENT TITLE SEARCH
ENVIRONMENT AND RESOURCE MANAGEMENT, QUEENSLAND
Request No: 8744629
Search Date: 08/03/2010 10:01 Title Reference: 14658089
Date Created: 11/11/1971
REGISTERED OWNER
Dealing No: 707441771 04/02/2004
THOMCO (NO.2087) PTY LTD A.C.N. 106 723 488
TRUSTEE
UNDER INSTRUMENT 707441771
ESTATE AND LAND
Estate in Fee Simple
LOT 76 CROWN PLAN MCH2969
County of MARCH Parish of WEYBA
Local Government: SUNSHINE COAST
EASEMENTS, ENCUMBRANCES AND INTERESTS
1. Rights and interests reserved to the Crown by
Deed of Grant No. 14658089 (POR 76)
2. EASEMENT No 707032974 29/09/2003 at 14:09
burdening the land to
LOT 51 ON SP156203
OVER EASEMENT A ON SP156199
3. MORTGAGE No 707441774 04/02/2004 at 09:02
NATIONAL AUSTRALIA BANK LIMITED A.B.N. 12 004 044 937
ADMINISTRATIVE ADVICES - NIL
UNREGISTERED DEALINGS - NIL
CERTIFICATE OF TITLE ISSUED - No
Caution - Charges do not necessarily appear in order of priority
** End of Current Title Search **
COPYRIGHT THE STATE OF QUEENSLAND (ENVIRONMENT AND RESOURCE MANAGEMENT) [2010]
Requested By: D APPLICATIONS CITEC CONFIRM
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Page 52
M2358 – Scanlon Property Group
APPENDIX C
Reconfiguration Plan M2358-03, prepared by
Jones Flint & Pike Pty Ltd
Page 53
MCHE39/08
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PLANNING , URBAN DESIGN , SURVEYING , ENGINEERING , LANDSCAPE ARCHITECTURE
BRISBANE . SUNSHINE COAST . GLADSTONE
BRISBANE - JF+P HOUSE
Cnr Emest & Merivale Streets,
‘South Brisbane, Queensland. 4101
Telephone (07) 3844 7161
JONES FLINT & PKE PTY, LTD. ACN, 050414 045
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NOTES
(1) This plan was prepared for the purpose and exclusive use of
SCANLON PROPERTY GROUP.
to accompany an application to SUNSHINE COAST REGIONAL COUNCIL
for a Development Permit to Reconfigure the land described in the plan and
is not to be used for any other purpose or by any other person or
corporation
JONES FLINT & PIKE PTY. LTD. accepts no responsibility for any loss or
damage suffered howsoever arising to any person or corporation who may
use or rely on this plan in contravention to the terms of this clause or
clauses 2, 3, 4 or 5 hereof.
(2) The base information on this plan, including site contour and detail
survey, is derived from others and is suitable only for the purpose of this
application.
(3) The dimensions, areas, size and location of improvements, flood
information (if shown) and number of lots shown on this plan are
approximate only and may vary.
(4) For details on buffers and stormwater infrastructure, refer to
Development Approval 2007/1259.
(6) This plan may not be reproduced unless these notes are included
PROPERTY DESCRIPTION
PROPOSED LOTS 1-3 CANCELLING
LOT 76 ON MCH2969
AND LOTS 8-10 ON P9315
PARISH OF WEYBA
COUNTY OF MARCH
TOTAL AREA 2.313 ha
LEGEND
INDIVIDUAL SURVEYED TREE
O
moa 4 EXISTING BUILDING - TO BE
Lt DEMOLISHED (From Aerial Photo)
r ~ ~ ~ PRINCIPAL COMMON PROPERTY
(0.08 ha approx.)
oo Q100 - PRE DEVELOPMENT (3.5m)
4m WIDE LANDSCAPED BUFFER
6m WIDE FIRE TRAIL
TREATMENT AREA
Lo
6m WIDE STORMWATER
La
3m WIDE GABION WALL
Approved Land Use
Lot 1 - Commercial
Lot 2 - Visitor Accommodation
Lot 3 - Park
Easements
Easement A on SP156199 - Drainage (to be relocated)
( Y Y Y »
(A3) 1:1000 revision
2 se wT" | SITE AT DAVID LOW WAY, PEREGIAN BEACH | #1 a1 suse
CHEE ORISA ORANG ScALe (eS ea PLEASE ENQUIRE original issue 17.03.10 | TJM drawing number
<5 [designed comvaci (©) 2010,0NES FuNT &RE PTY LO A SCANLON PROPERTY GROUP
// “ANY FORM OR BY ANY MEANS IN PART OR IN WHOLE WITHOUT
y GS Sees RECONFIGURATION PLAN
\_ approved | RS. py Ah Je 47th March 2010
ay
PAM2358\Stage OAUtoCAD\Working Drawings\M2358-02_RP.dwg
Page 54
M2358 – Scanlon Property Group
APPENDIX D
Development Approval DA2007/1259
[OCR of page images]
M2358 — Scanlon Property Group JFOP
APPENDIX D
Development Approval DA2007/1259
Page 55
FINAL ORDER Puplicate In the Planning and Environment Court No. 2587 of 2008 Held at: Brisbane Between: SCANLON PROPERTY GROUP PTY LTD ACN 125 864 360 Appellant And: SUNSHINE COAST REGIONAL COUNCIL Respondent And: CHIEF EXECUTIVE, ENVIRONMENTAL First Co-Respondent by PROTECTION AGENCY election And: RENALDA JOY GORRIE Second Co-Respondent by election JUDGMENT Before His Honour Judge Rackemann Date of Hearing: 12 February 2010 Date of Judgment: 12 February 2010 THIS MATTER HAVING been heard by the Planning and Environment Court on 12 February 2010 by way of an appeal against the decision of the Respondent made on 21 August 2008 to refuse a development application made by the Appellant for a development permit for a material change of use (visitor accommodation type 4 -- conventional, commercial business type 1 — office, retail business type 2 - shop and salon, and entertainment and dining business type 1 - food and beverages) under the Integrated Planning Act 1997 in respect to land situated at 215A-219 David Low Way, Peregian Beach described as Lots 8 -10 on P9315 and Lot 76 on MCH2969; AND UPON HEARING the solicitors for the Appellant and the Respondent; AND UPON READING the Notice of Appeal filed herein on 19 September 2008; AND UPON COURT BEING SATISFIED-thay there has_beert comprance with the equire nts of Chapter 4,-fftegrated Planriing Act/1997. fding servi Of the-Notice of al and complia with the requiréments of pter 3, Integratéd Planning Act 1997 arding public notification; IS ADJUDGED THAT: The appeal be allowed; and 2. The application be approved subject to the conditions in the development approval package attached to this Judgment and marked “A”. ZADGMENT Norton Rose Australia on behalf of the Appellant Level 17, 175 Eagle Street, Brisbane QLD roa PEC-7 Phone no. (07) 3414 2888 Fax no. (07) 3414 2999 Reference: 2658916
Page 56
Filed on 2010 Filed by: Norton Rose Australia Service Address: Level 17, 175 Eagle Street, Brisbane Qld 4000 Phone: (07) 3414 2888 Fax: (07) 3414 2999 Reference: 2658916 (on behalf of t Registrar
Page 57
. iu w
i: . A’
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are prepared by Carl Brunskill
Architects and JMA Architects and are listed in the following table:
Plan No. Rev. Pian / Document Name Date
20517_ A-40 a Site Plan Basement 20 November 2009
20517_A-41 a Commercial Precinct Floor Plans 20 November 2009
20517_A-42 a Commercial Precinct Elevations 20 November 2009
20517_A-43 a Commercial Precinct Elevation & 20 November 2009
Section
20517_A-06 - Site Plans Sections A-D 5 March 2009
20517_A11 - Tourist Accommodation Typical Plan 5 March 2009
20517_A-12 - Tourist Accommodation Typical 5 March 2009
Elevations
20517_A-13 - Tourist Accommodation Typical 5 March 2009
Sections
20517_A-14 . Beach Shacks Single Beach Shack 5 March 2009
20517_A-15 - Beach Shacks Double Beach Shack 5 March 2009
20517_A-05 . Site Plans Sections 1-4 5 March 2009
20517_A07 - Site Plans Street Elevation 5 March 2009
For the sake of clarity, the form of commercial buildings approved here is reflected in
those drawings 20517 A-40 to 20517 A-43 (inclusive), dated 20 November 2009 {and
not as otherwise shown in Drawings 20517 A-05 & 20517 A-07). The approved plans
may be further amended by the conditions herein.
General
2. The development must be undertaken and Operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting nuisance or other emissions.
3. The units shall operate in accordance with the defined use of ‘Visitor Accommodation —
Type 4 Conventional’ in the Noosa Plan, which provides for short term visitor
accommodation. The units shall not be used for the purpose of permanent residential
accommodation, with the exception of two manager/caretaker's units. The Community
Management Statement for any or all Bodies Corporate having control of the
development, or any part thereof, shall incorporate this requirement.
4. Alt buildings shall be finished in natural, muted tones as generally indicated on
Drawings 20517 A-42a and 20517 A-43a.
5. Any deck or balcony areas shall not be fully enclosed with shutters, glass panelling or
"the like, thus remaining open structures.
6. — Any rooftop plant or mechanical equipment extending more than 1 metre above the
roofline shail be screened using lightweight screening materials that visually integrate
with the building design.
Page 58
8. All fencing shall be setback at least 1 metre from the front property boundary, with at least half of the fencing setback 2 metres. The area of land between the fence and the front property boundary shall be densely landscaped to screen any fencing from the street, Any advertising sign or device is to comply with Council's policies on advertising. Building Height 9. 10. The finished height of the buildings shall not exceed the heights identified on the approved plans of development. A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of work confirming compliance with the maximum allowable building height as required by the conditions of approval. Business Uses 11. 12. 13, 14. 15, The ground floor retail tenancies are to have a minimum of 50% transparent glazing fronting the street. All goods are to be displayed on site within the property boundaries and/or on the premises approved for the use. No outdoor dining is permitted for the shops and restaurants. The office is approved for the administration of the Visitor Accommodation units and the development in general only. , The shops and restaurant shall not operate outside the hours of Sunday to Thursday 7am to 10pm, and Friday and Saturday 7am to 12 midnight. Existing Vegetation 16, 17. 18. 19. 20. Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations. In this regard, all native trees located outside the general building footprints, driveways, and car parking areas shall be retained on site. All trees to be retained and/removed shall be identified in the landscape plans. All significant trees in the frontages of the site (excluding palms) shall be retained as far as practical. Following investigation into the root structure of those trees, reallocation of carparking and motorcycle spaces is to be made to provide clearance to roots. An arborist shall be engaged to confirm appropriate conditions and working clearances, The trees required to be retained shall be protected from construction impacts in accordance with an approved arborist report submitted with an application for a Development Permit for Operational Works. A qualified arborist shall monitor the health and structural integrity of the trees to be retained on site. The monitoring shall occur at least monthly during the construction period and quarterly for 12 months after construction is completed. The developer shall rectify any decline in the health or structural integrity of the trees, in accordance with the arborist's recommendations. Cleared vegetation is to be suitably processed by one of the following methods and removed from the site:- 20.1 Re-use for building materials. 20.2 Processing through a woodchipper or shredder. The resulting mutch is to be stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a minimum of 10 metres between edges of heaps. 20.3 Disposal for firewood. 20.4 Disposal for landscaping purposes.
Page 59
20.5 Transport to alternative site for breaking down materials provided that all necessary permits have been obtained to allow the alternate site to be used for this purpose. 20.6 The disposal method for Clearing works is to be submitted in conjunction with an application for a Development Permit for Operational Work. The Applicant is advised that other methods may be considered provided full details of the method are submitted. The Applicant is advised that burning off is an unacceptable method of disposal. Landscaping 21. The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a Properly prepared landscape plan. Such landscaping is to be completed prior to the premises being occupied and shall be maintained at all times thereafter. The landscaping plans submitted for approval shall include:- 21.1 Native trees of a minimum bag size of 100L to replace existing trees to be removed from the site, at the rate of 1 replacement tree for every 1 tree removed, 21.2 A vegetated buffer to screen the commercial building to the Road 151 (stub road) adjacent the site’s southern boundary. 21.3 A vegetated buffer a minimum of 3 metres wide along the site's eastern boundary to Peregian Beach Hotel to screen and provide filtered views of the development from David Low Way. 21.4. A minimum of 16 trees of a minimum bag size of 100L and 4 trees of a minimum bag size of 400L shall be provided to the site's road frontages. 21.5 A feature tree of a minimum bag size of 400L provided to the David Low Way frontage planted between Buildings A & B to replace the proposed sculpture. 21.6 The 3 metre wide landscape areas to David Low Way frontage shall be extended to reduce the extent of hard pavement and increase the amount of soft landscaping. 21.7 Landscape treatment (including paving) to the site's road frontages shall be designed to match in with the existing streetscape of Peregian Beach Village. 21.8 Planting and maintenance tegime details to address the ongoing health of all large plantings (i.e. greater than 45L); Fire Management 22. The development shall be carried out generally in accordance with the fire management measures recommended in the Natural Solutions Report dated 21 November 2007. Bicycle Parking & End of Trip Facilities 23. Secure bicycle racks shall be provided on site to accommodate a minimum of 17 bicycles. The cycle parking rack is to be made available for customers and staff of the retail premises at all times during business hours. 24, End of trip facilities shall be provided for staff and shall include: 24.1 a minimum of six lockers; and 24.2 a minimum of one male and one female shower cubicles with ancillary change rooms. Outdoor Lighting 25. Any outdoor lighting with the potential to affect surrounding residential premises shall be designed, installed, operated and maintained in accordance with AS4282 “The Control of the Obtrusive effects of Outdoor Lighting”.
Page 60
Energy & Water Efficiency 26. All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural). 27. All new kitchen, laundry and bathroom fittings shall comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), or current equivalent standards as may apply, with toilets to comply with the AAAA Water Conservation Rating System. All new tap ware and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this requirement. Development Permits 28. The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for Building Works. Compliance Bond 29. Security in the form of a cash bond or trading bank guarantee for the sums of $50,000 must be submitted 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. 30. The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions. Relevant Period 31. The Development Permit for a material change of use lapses if the use has not started by 4 February 2014 and all works associated with the development have not been completed by 4 February 2016. Lot Amalgamation 32. All separate, adjoining lots that form Part of this application shall be amalgamated into one undivided allotment in accordance with Section 3.7.3 of the Integrated Planning Act and the Plan of Survey submitted for registration at the Land Titles Office. Proof of title being issued for the amalgamated lot shall be submitted to Council prior to the issue of the Development Permit for Operational Works. Vehicle Access 33. A vehicular access driveway to serve the site shall be constructed from the Road 151 frontage of the site as detailed on Drawing 20517_A-40a by Carl Brunskillt Architects and JMA Architects and dated 20 November 2009. 34, The driveway shall be designed and constructed to Council's design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any step or level difference. Should any driveways be constructed to grades that do not comply with AS/NZS 2890.1-2004 and AS 2890.2-1989, Council will require that the driveway be removed and reconstructed to levels that do comply. 35. Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall. 36. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway shail comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4. The applicant shall demonstrate compliance by illustrating these sight lines on the plans submitted for both Operational Works approval and Building Works approval. All vehicles shall enter and leave the site in a forward direction.
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Car and Motorbike Parking Off Street 38, 39. 40. A minimum of 140 carparking Spaces and 8 motorbike spaces shall be provided within the site generally as shown on drawing number on Drawing 20517_A-40a by Cart Brunskill Architects and JMA Architects and dated 20 November 2009 except as modified herein. The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user class 3 with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m. All carparking shall be kept, maintained and line-marked in a condition fit for use. Frontage Works 41. 42, 43. 44, 45. 46. The existing bus bay at the frontage of the site shall be reconstructed to provide for a new kerb and channel line parallel to the running lane edge. This shall require the reconstruction of footpaths and associated services. All associated and ancillary work including pavement correction to the existing pavement, drainage, adjustment to the footpaths and adjustment to existing infrastructure shall be undertaken to complete these frontage works. These works must be undertaken at no cost to Council, The existing bus shelter at the frontage of the site shall be relocated northward to be located at the head of the bus bay. As an alternative, Council would give consideration to incorporating shelter and seating on the development site and removing the existing shelter. Footpath improvements such as topsoiling, grassing, and tree planting are required to the Road 151 (stub road) road frontage of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines. Grass shall be couch, free of weeds. A new 2.0m wide concrete path shalt be constructed along the Road 151 (stub road) road frontage of the site in accordance with Council's design standards and to an alignment that protects any significant vegetation or any underground services. All paths, pram ramps, driveways and parking areas shall be designed and constructed to ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility. All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath paving and landscaping such as trees and grasses in accordance with Council's Standard specifications Prior to commencement of the use permitted by this permit. Koala management 47, 48. The development must comply with the requirements of Nature Conservation (Koala) Conservation Plan 2006 and Management Program 2006 — 2016 (The Koala Plan) for development in an Urban Koala Area. In this regard, the development must: constitute a koala sensitive design and demonstrate maintenance of habitat linkages. To demonstrate compliance with The Koala Plan the application for Operational Works must be accompanied by a Koala Management Plan for the detail design, construction and operational phase of the development. The Koala Management Plan must detail measures required to be implemented to achieve the intent of The Koala Plan during the detail design, construction and operational phase of the development. As a minimum, the Koala Management Plan must: i. Provide a plan that locates Koala Habitat Trees on the site, ti, Include recommendations of the site arborist for practical and achievable measures in the detail design phase to maintain the koala habitat trees as far as practical;
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iii. Detail the location and design of koala friendly fencing required around the site to allow koala movement across, to and from the site; iv. Nominate whether dogs shalt be permitted on the site. In the event dogs are intended to be kept on the site they must be located in enclosed areas isolated from expected koala movement corridors, and be surrounded by koala exclusion fencing. Dogs permitted on site must be less than 10kg and kept in the enclosed areas at all times. Dog enclosure areas must not prohibit koala movement to or from the site or to the koala habitat trees nominated for retention. v. Where koala habitat trees are required to be removed as a result of the development of the site, nominate the location and species for replacement planting of the site. vi. Detail a koala friendly swimming pool design to be implemented into the development. Vegetation Protection & Preservation 49. The applicant shall submit an Arborist’s report with the Application for Operational Works detailing the extent of construction activities required around the root zone of trees required to be retained, or nominated in the Koala Management Plan to be retained, on site and measures required to ensure protection of the health of those trees. The applicant must ensure all recommendations of the Arborist report are implemented during detail design and construction of the development. Parkland Restoration and Dedication 50. 51. 52. 53. 54. The applicant is required to dedicate to Council as Parkland for Environmental Purposes, the balance portion of Lot 76 on MCH 2969 located to the west of the 6m unvegetated setback required by the Bushfire Management Plan. In this respect the applicant is required to seek a Reconfiguration of a Lot approval to enable dedication of the Parkland. The Application for the Reconfiguration of a Lot must include an accurate survey plan detailing the location of the land to be dedicated to Council as Parkland. The applicant is required to submit a Plan of Survey that details all lands described as ‘Parkland’ as required by these conditions to be dedicated to the Crown (with Council as Trustee) for Environmental Purposes pursuant to the Land Act 1994. Dedication of parkland to the Crown shall be at no cost to Council. An Ecological Restoration Plan for the Parkland shall be prepared in accordance with the requirements of Council's Planning Scheme Policy PSP18 Ecological Assessment Guidelines and submitted for Council approval prior to applying for a Development Permit for Operational Works. The park areas of the site shall be revegetated and rehabilitated in accordance with the Council approved Ecological Restoration Plan. The Ecological Restoration Plan shall be prepared by a qualified and experienced Ecologist, to the reasonable satisfaction of the Council. The Ecological Restoration Plan (ERP) shall be applicable to the portion of the site to be dedicated to Council as Parkland and address environmental weed removal and control, rehabilitation of existing vegetation communities and revegetation strategies for degraded areas of the area of the site to be dedicated as parkland. It shail identify all the areas of the park that require ecological restoration, specify actions and works necessary to result in tobust, self-sustaining, viable indigenous plant communities and habitat. The ERP shall aim to revegetate the park areas with suitable native species to resemble the local endemic ecosystem by removing all noxious and environmental weeds from the site and’ include the planting and maintenance requirements of the Council approved Bushfire Management Pian for the site. The ERP shall detail continual maintenance requirements for a 1 year period (the maintenance period) to enable the revegetation and rehabilitation works to be self-maintaining. To this extent Council's Coordinator of Environment and Landscaping must be consulted during the preparation of the plan. The following, inter alia, shall be addressed and included in the Ecological Restoration Plan and specifications:
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56.
57.
58.
59.
55.1 document the current status of the areas requiring ecological restoration in terms
of structure, floristics, missing elements, health, vigour, etc.;
55.2 specify the required works and actions for each area in terms of:
55.3. site preparation (this may include thinning, grass removal, weed removal and
control, etc.);
55.4 establishment of the missing floristic and structural elements;
55.5 creating opportunities for regeneration from the seed bed, natural recruitment
and the establishment of wildlings;
55.6 habitat creation and reinforcement for native fauna and reinforcement of habitat
linkages and corridors;
55.7 planting and mulching procedures;
55.8 fertilizing procedures;
55.9 watering procedures;
55.10 protection from wildfire, particularly during the establishment phase;
55.11 erosion and sediment control;
55.12 on-going maintenance;
55.13 access for maintenance;
55.14 environmental safeguards; and
55.15 incorporation of the relevant requirements of all the management plans required
by this approval, particularly the Bushfire Management Plan and Koala
Management Plan.
The eradication and contro! of environmental weeds will be an integral part of both the
Ecological Restoration Plan and the Landscaping Works. Vegetation used in
restoration work and landscaping shall exclude environmental weed species.
A wire fauna fence shall be erected around the perimeter of the park areas to be
protected and restored, prior to construction activities commencing on site. The fauna
fence will have signs attached restricting entry to authorised persons only.
The contract for the Ecological Restoration work shall specify a 1 year maintenance
period from the date restoration works are completed by the contractor to the
reasonable satisfaction of the Council’s Coordinator of Environment and Landscaping,
by which time the ecologically restored areas should be self-sustaining. It shall also be
weed-free to the satisfaction of the Manager, Council's Coordinator of Environment and
Landscaping. The applicant must provide Council's Coordinator of Environment and
Landscaping with a certification from a suitably qualified person confirming that
management of weeds within the park area complies with the requirements of the Land
Protection and Stock Route Management Act.
All the relevant ecological restoration works and actions shall be undertaken by the
Developer and completed prior to dedication of the park areas to Council.
Roof Water & Stormwater Drainage
60.
Roof runoff from any new building shall be directed to a rainwater storage system or
tank that is installed to ensure water from the rainwater storage system or tank is used
for external uses (such as watering gardens, irrigation, ornamental ponds, water
features, topping-up swimming pools, outdoor cleaning, etc) and for internal (ground
floor) use in washing machine cold taps and toilet cisterns. All rainwater tanks are to
be designed and installed in accordance with the Queensland Development Code
(QDC) current at the time of building approval, and shall be part of the plumbing
application for approval. The location and capacity of the tanks shall be clearly shown
on the plans submitted for Operational Works approval and any overflow shall be
4 “directed to the on site stormwater drainage system. in particular, the plans detailing
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61.
62.
63.
64,
65.
66.
67.
68.
69.
rainwater tanks must be amended to include rainwater tanks/alternative water supply
for the commercial/hostel building fronting David Low Way.
All stormwater drainage (including roof water overflow from the rainwater storage
system) shall be collected and discharged so there is no net increase in stormwater
runoff from the site. Stormwater drainage permitted to drain from the site shall be
discharged via existing and proposed drainage structures contained within the site, as
detailed within the Simmonds Bristow report titled "Essence of Peregian Stormwater
Management Plan, Sediment and Erosion Control Plan", dated 30 November 2009,
except as modified by these conditions. The maximum discharge of stormwater
drainage allowable to Council's kerb & channel street drainage system at any one
location is 25 litres/second.
A detailed Stormwater Management Plan and a Sediment and Erosion Control Plan
shall be prepared. This will generally be in accordance with Simmonds and Bristow
Report “Essence of Peregian Stormwater Management Plan, Sediment and Erosion
Control Plan’, dated 30 November 2009. MUSIC modelling and reporting shall be
refined to incorporate the final proposed design.
Grease and Oil arrestors and/ or stormwater quality improvement devices must be
incorporated into the design to treat all run-off prior to run-off exiting the premises
Grease and Oil arrestors or stormwater quality improvement devices must be
Consistent with the design and water quality objective requirements specified within the
Essence of Peregian Stormwater Management Plan, Sediment and Erosion Control
Plan dated 30 November 2009.
A detailed maintenance plan shall be prepared for the proposed stormwater
management system, which shall be submitted to the Council for approval prior to
obtaining a Development Permit for Operational Works.
The approved maintenance plan shall be incorporated in the Community Management
Scheme for the development and a copy of this shal! be provided for Council’s records
prior to commencement of the approved Use.
A Development Permit for Building Works shall not be granted until a Development
Permit for Operational Works has been issued in regard to the drainage scheme.
The fill material (including topsoil) to be used within stormwater treatment areas {i.e.
including but not limited to stormwater infiltration swales and other areas as required by
the Simmonds and Bristow Plans) shall achieve a minimum infiltration rate of
7Smm/hour without clogging. Sand is required to achieve this infiltration rate hence
clays and silts are not allowed as fill material. Specific infiltration and soils property
testing shall be carried out to demonstrate the suitability of proposed fill material. Such
testing shall be on the fill material prior to placement.
All habitable dwellings shall be located above the ARI 100 year flood level, which is set
at RL 3.5m for the site. The ARI 2 year event flood level is set at RL 3.0m AHD in
relation to regional flooding.
All site stormwater drainage shall be by means of a gravity system. In this respect, the
application for Operational Works Approval for Stormwater must be accompanied by a
stormwater drainage plan that demonstrates compliance with this condition.
Environmental Management Plan
70.
An Environmental Management Plan (EMP) for the Site shall be prepared and
implemented by persons holding appropriate environmental qualifications and proven
expertise in the preparation and implementation of EMPs, to ensure that the impact on
the environment of the construction and operation of the Development is minimised, the
Environmental Values of the Site are protected and enhanced and the Development is
ecologically sustainable.
The EMP shall be cognisant of the following:-
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71.1 71.2 71.3 The EMP shall demonstrate a high level of environmental care and responsibility and be consistent with best practice for developments of this type in similar environments. The EMP shall detail the Developer's environmental policy and the proposed environmental management system for the Site. The EMP shall specify: _ 71,3.1the performance targets, including those derived from the Conditions and 71.4 71.5 other requirements arising from legislation and other approvats; 71.3.2 how the performance targets are to be achieved; 71.3.3 who is responsible; 71.3.4 when the performance targets will be satisfied; 71.3.5 how performance will be monitored; 71.3.6 corrective actions and contingency measures; 71.3.7 reporting arrangements; 71.3.8 auditing arrangements; 71.3.9 how the requirements are to be incorporated into construction and works contracts; 71.3.10 how the Developer's employees, contractors and the contractor's employees will be informed and trained with respect to the environmental protection requirements; 71,3.11 enforcement; and 71.3.12 penalties for non-compliance. In particular, but without limitation, the EMP shall address the following issues in relation to the construction phase : 70.4.1 legislative compliance; 70.4.2 soil erosion and sediment control; 70.4.3 vegetation protection; 71.4.4 fauna and fauna habitat protection; 71.4.5 weed and pest control; 71.4.6 water quality protection; 71.4.7 ground water protection; 71.4.8 air quality protection; 71.4.8 storage and handling of hazardous substances; 71.4.9 noise and vibration management; 71.4.10 waste management; 71.4.11 cultural heritage management; 71.4.12 visual amenity protection; In particular, but without limitation, the EMP shall address the following issues in relation to the operational phase: 71.5.1 legislative compliance; 71.5.2 water conservation; 71.5.3 water quality protection; 71.5.4 maintenance of Stormwater Quality Improvement Devices
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72, 71.8.5 vegetation protection; 71.5.6 fauna protection; 71.5.7 bushfire control; 71.5.8 weed and pest control. 71.9 waste management. The EMP shall be submitted to Council in prior to or in conjunction with the lodgement of any development applications for Operational Works for the Site. Operational Works approval shall not be granted until the EMP is approved by the Coordinator of Environment and Landscape. The Developer shall comply with the requirements of the EMP. Sewer Mains 73. 14, 75. 76. The site shall be connected to Council's existing sewerage reticulation systems and be constructed in accordance with Council's standards and requirements at no cost to Council. Existing sewer traversing the site to be abandoned and removed in accordance with Council’s Planning Scheme Policy, PSP6 - Water & Sewerage Design Standards. New sewer to service existing connection to Lot 51 SP156203, No.221 David Low Way to be constructed along and within the northern and eastern boundary of the development site to a point adjacent to Council sewer manhole MP20/02/09. Connection to be made to existing manhole by contractor approved by Sunshine Coast Regional Council. New sewer to be contained in an easement in favour of Council in accordance with the requirement contained in Council’s Planning Scheme Policy, PSP6 - Water & Sewerage Design Standards. No building or other structure requiring a building permit will be allowed within the zone of influence of the sewer. Town Water Supply 77. 78. 79. 80. The site shall be connected to Council's existing town water supply and be constructed in accordance with Council's standards and requirements at no cost to Council, A single Council installed primary water meter must be provided immediately inside the Property boundary. Additional water meters must be installed for each title of a community title or sub-lease scheme. Meters must be Council approved, installed in accordance with Council requirements and remain accessible at all times for reading and maintenance purposes. A separate metered domestic main and bypass fire main must be provided within the development in accordance with Sunshine Coast Water Standards The applicant is advised that this development may require the provision of fire hydrants and a booster pump in accordance with the Building Code of Australia, and consultation may also be needed with Queensland Fire Services to ensure suitable fire fighting infrastructure is provided. To this end, any necessary fire hydrants shall be clearly shown on the plans submitted for both Operational Works and Building Works approval and if a booster pump is deemed necessary, the plans shall indicate where the fire truck is to be accommodated in order to provide boosting to the water supply. Service Easements (Sewer) 81, A registered easement shall be created over the zone of influence of all sewers within the subject site and over those parts of the subject site that are impacted upon by sewers on any adjoining sites. The easements shall generally be parallel to and centred over the sewer main and be equivalent in width to twice the depth to invert level of the sewer at the deepest point within the allotment (measured from the finished surface) and be no less than 3.0m wide overall. In this regard a licensed surveyor shall accurately locate all sewer mains and determine the necessary width of the easement, _ which shall be shown on any plans submitted for Operational Works approval. To this
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82. 83. 84. extent the surveyor shall certify that the sewer and the zone of influence is wholly contained within the easement to be created. In addition to this the Applicant's Solicitor shall give Council's Solicitor an appropriate undertaking in writing that the Title Deed and the easement documents will be lodged at the Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of Council will be attended to promptly. A duly executed copy of the easement shall be submitted to Council for perusal prior to the use commencing. Any changes required by Council's Solicitor must be corrected immediately. A registered easement shail be created over any stormwater drainage pipes within the site that collect stormwater from a Council road or convey stormwater from any adjoining property (for example, where drainage pipes are provided within the site to prevent adjacent properties from additional ponding/flooding due to the subject site being filled). No building or other structure shall be constructed or encroach over an easement. Any building or structure within the zone of influence of other public utility's underground must have its foundations designed so that no surcharge loads are imposed upon such underground infrastructure. Foundations must be taken down a minimum of 1.0m below a line of influence measured 1.0m in the direction of the foundation from the centreline of the closest underground service and along the natural angle of repose of the foundation soil type(s). Plans, and supportive documents, detailing these proposed foundations shall be designed by a registered practicing Geotechnical Engineer and submitted with the application for a Development Permit for Operational Works. Earthworks 85, Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or structures that border the development site. Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification. In this regard any fences to be replaced shall be clearly shown on the plans submitted for Operational Works approval. Acid Sulfate Soils 86. As the site is located below the 20m AHD and above the 5m AHD, any excavation works consisting of 100m® or greater which extends below 5m AHD will need to be carried out in accordance with State Planning Policy 2/02 Planning and Managing Development Involving Acid Sulfate Soils. In this regard appropriate testing and supporting documentation prepared by a suitably qualified specialist shall be submitted to Council for approval prior to obtaining a Development Permit for Operational Works. Erosion and Sediment Control 87. Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary. In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works. Contributions Towards Council Infrastructure 88. Monetary contributions shall be paid to Council towards the cost of providing and/or upgrading various infrastructure at the rates applicable at the time of payment. An estimate only of the contribution amounts under the current Council policies and requirements is outlined in the table below:
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PSP12 — Public Open Space Contributions (Park) $47, 529.00 PSP16 — Sewerage Headworks Contributions $387,739.08 PSP17 — Water Supply Headworks Contributions $346,368.38 PSP20 — Pathway Trunk Network Contributions $32,272.83 TOTAL Contribution Amount = $813909.29 Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from September 2009 until the date of payment. All contributions must be paid prior to commencement of the use. General 89. For the following classes of work associated with development, a Development Permit for Operational Works must be obtained prior to commencement of works relating to that class of work. The application may combine any or all of these classes of work:- 89.1 Access and/or Carparking. 89.2 Site Civil Works. 89.3 Stormwater Drainage. 89.4 Frontage Works. 89.5 Sewer reticulation (including new mains, relocations, diversions, pump stations and rising mains). 89.7 Water reticulation. 89.8 Landscaping. 89.9 Erosion & Sediment Control 90. A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which shall be submitted in conjunction with an application for a Development Permit for Operational Works. In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works. 91. Digital detaited designs including drawings, calculations, specifications and a schedule of works, shall be submitted with any application for a Development Permit for Operational Works in respect of roadworks and stormwater drainage works. The design shall be in accordance with Council's Planning Scheme Policy PSP05 — Engineering Design Standards — Roads, Drainage and Earthworks. To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans. 92. To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at www.adac.com.au). 93. A construction management plan/strategy to ensure no damage occurs to Council services shall be prepared by a suitably qualified Registered Professional Engineer and submitted to Council in conjunction with any application for Operational Works. 94. Any damage caused to any public utility during the course of construction shall be repaired to Council's standards and at no cost to Council. Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council,
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96. 97. 98. The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road. All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle. As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer for design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of all services and structures. All of which shall be submitted to Council for checking and for Council's records. The data must fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels. The data shall be submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at www.adac.com.au). Approval of works shall not be granted until all As Constructed information has been supplied and accepted by Council. Waste Management 99, A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, must be submitted for the day-to-day operation of the development and approved by Council's Health Section prior to issue of development permit for operational works. It is critical that waste areas are properly planned. A copy of Planning Scheme Policy No. 9 explaining how to calculate waste quantities and design waste areas is available from Council and the web. The Plan shall include the following information: - 99.1 The types of waste that will be generated from the activities approved within the development. 99.2 Estimated volumes or tonnage of both recyclables and waste generated. 99.3 Methods to be used for dealing with garden waste. 99.4 Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling. 99.5 Description of procedures for getting all waste to the bins in the various storage locations and the transfer to the main storage area for later collection. 99.6 A description of the design details of waste storage and recycling areas including size, location, elevation and floor plan, methods of bin washing and system to prevent storm water getting into sewer via the bin wash. 99.7 A description of types and volume of waste storage containers to be used. 99.8 The waste and recycling storage area shall include the provision of containers for all waste and recycling materials including putrescible matter, non-recycling waste, paper/ cardboard, glass, aluminium/stee! cans, waste oil, ‘styrofoam boxes, etc, and bin washing facilities connected to sewer. 99.9 A detailed description of vehicular access to collect waste/recyclables. Access must allow vehicles to enter and leave the site in a forward direction. Turning circles are to be designed in accordance with AUSTROADS: design single unit truck/bus (12.5) template. Height clearances shall allow both front. and rear loading of vehicles. 99.10 Collection details are required for approval. These are to show how collection will not be impeded by other service/delivery vehicles, how collection will be done when these other vehicles are occupying the loading bay area, how safety is provided when residents vehicles and the proposed bus are using this same area. 99.11 Refuse chutes must be provided in accordance with Council's Policy for “Refuse Chutes and Accessories in Multi Storey Buildings’.
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100. A Waste Management Plan (demolition and construction) shall be submitted prior to commencement of any demolition or construction works in accordance with Planning Scheme Policy PSP77 - Waste Management Plans (see table below). Waste storage areas are to provide for adequate separation of all reusable, recyclable and waste materials. These shall be located so that they are convenient and safe to use. (Refer to Council's Waste Management Code). The Plan shall contain the following information: 100.1 The site area for the storage and separation of waste is to be shown on the plan drawings accompanying the application. 100.2 A waste management table as indicated below is to be completed showing how waste material is to be segregated — recycled — reused or disposed. MATERIALS ON-SITE DESTINATION Re-use and Recycling Disposal Expected waste | Estimated | On-site Off-site *specify materials volume *specify proposed | *specify contractor and (m*) re-use or on-site | contractor and | tandfill site or recycling recycling outlet other disposat methods site Excavation material Green waste Bricks Concrete Timber-please specify 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. The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Additionally Council rewards those who segregate waste by significantly reducing disposal fees at the landfill some items are free. Higher gate fees are charged for loads of mixed waste. Acoustic Amenity 101. Noise emission from mechanical equipment (air conditioners, refrigeration equipment or poo! pumps etc) shall comply with the following requirements: The equipment shall be installed and located in a manner that prevents excessive noise in accordance with Council's Local Law No. 12 - Contro! of Nuisances. Infringement Notices (on-the-spot fines) may apply for offences.
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102. 103. Noise emission from mechanical equipment shall comply with the following requirements: Air-conditioning and Refrigeration * 7am to 10pm: Maximum background + 5dB(A) * 10pm to 7am: Maximum background + 3dB(A) Pumps * 7am to 7pm: Maximum background + 5dB(A) * 7pm to 10pm: Maximum background + 3dB(A) ¢ 10pm to 7am: No audible noise. Written certification from a suitably qualified person shall be submitted confirming that the noise levels from all mechanical equipment comply with the levels detailed above when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment. The certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council. This assessment must take into account noise from any other fixed equipment on the property e.g. swimming pool pump, heating/cooling equipment, etc that may increase the overall noise level emitted. , Kitchen Exhaust 104. Any commercial kitchen exhaust points must be located and operated in accordance with AS1668.2 “The use of ventilation and air conditioning in buildings — Ventilation design for indoor air contaminant contro!", Section 5 — Mechanical Ventilation — Exhaust Systems, 5.10 Air Discharges. Trade Waste 105, The drainage system from all business that are likely to discharge trade waste must comply with Council's Trade Waste Policy and Sunshine Water’s guidelines for accepting trade waste into the sewer. All appropriate trade waste permit and/or agreements must be applied for and issued prior to the discharge of any trade waste to the sewer. THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM CONDITIONS OF APPROVAL 1. The applicant is advised that development contributions and infrastructure charges applicable to this development approval have been based on the OREN 1 (Caretakers | Commercial Business 2 Detached House residence) Type 1 - Office 100m Visitor 76 Retail Business Type 2 387m2 Accommodation Type (consisting of 8 | 7 Shop Salon 2 Caravan Park Cabins, 46 Powered . Entertainment & Dining Sites 22 Unpowered | Business Type 1 —| 306m? Sites) Food and Beverage Visitor Accommodation | 68 — Type 4 Conventional. (Single Hostel Bed for tourist of overnight
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accommodation)
Visitor Accommodation
— Type 4 Conventional | 32
(1 bedroom unit)
Visitor Accommodation
— Type 4 Conventional | 41
(2 bedroom unit)
Visitor Accommodation 2 2
— Type 4 Conventional | {Includes
‘ Managers
{3 bedroom unit) Residence)
The applicant is informed that approval of this development application will
trigger an Infrastructure Charge in accordance with the Coastal Major Road
Network Infrastructure Charges Plan for the estimated amount of $350,055.00
and is subject to variations in the Consumer Price Index, All Groups Brisbane
from September 2009 until the date of payment. An Infrastructure Charge
Notice will be issued in accordance with Chapter 5 of the Integrated Planning
Act 1997.
The applicant is informed that payment via credit card transaction will not be an
acceptable method of payment for development contributions conditioned in
this permit or for infrastructure charge notices issued separately.
The applicant is advised that a Compliance Permit for all plumbing and
drainage works within the boundaries of the development site shall be obtained
from Council's Plumbing Services Section prior to obtaining a Development
Permit for Building Works.
Where any food premises is included in a development, the following is
required:
5.1. Plans and application is to be made to Council's Environmental Health
Section for approval prior to any building approval, fitting out or use of
the premises.
5.2. A statement indicating the purpose of the food premises, type of food
sold, proposed menu and maximum number of patrons at any time, is to
accompany the application for plan approval.
5.3. Construction and use of the food premises should comply with Council's
Food Premises Policy and the Food Safety Standards. (Both available
from Council)
5.4. Toilets for customers and staff to be provided in accordance with
Building Code of Australia. Obtain advice from a building certifier on
numbers and standards, including disable access.
5.5. Plans and approval is required for any mechanical exhaust ventilation
system, which should comply with AS1668. A certificate from the
installer certifying the system complies with the Standard must be
obtained and lodged with Council prior to commencement of trade.
5.6. Any Licensable Food Business, as defined in Chapter 3 of the Food Act
2006, must obtain a Food License from Council, prior to use of those
premises.
Noise from building works associated with commercial and or industrial
development should comply with the following —
6.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
Page 73
6.2. All reasonable measures are taken to minimise noise emissions. 6.3. Not permitted on Sunday or public holidays. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builder's waste or rubbish should not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse. On the spot fines apply for such offences. The plans for the proposed building work have not been assessed for compliance with the requirements of the Building Code of Australia as they relate to people with disabilities. Your attention is drawn to the matter that either or both the Disability Discrimination Act 1992 (commonwealth) and the Anti-Discrimination Act 1991(Queensiand) may impact on the proposed building work.
Page 74
S39 gu OOOO oO OOO oooog | Queensland 8 Government Enquices Ranald Scott Telsphone (07) 3224 5644 Yourreferencs Applic. Nox MCU 2007/1259 ‘Our reference BNBS690 Vol l4-~- AMA 755E 27 July 2007 Environmental Protection Agency Incorporating the . Queensland Parks and Wildlife Service Scanlon. Property Group Cl- PMM Group Pty Ltd PO Box 1559 FORTITUDE VALLEY QLD 4006 #4 AUS 2007 + 908A © Save COLNE Sy, Dear + ShiMedarn The Environmental Protection Agency, acting as a concurrence agency under the Integrated Planning Act 1997 for your application, advises that the correspondence indicated is attached: Information request (C-L) Notification of information request (C2) Notification of receipt of applicant’s response to information request (C~3) Extension of information requeit/assessment period (C-4) : Request for applicant’s written agreement to oxtension of information request/assessment period (C-5) . Conourrence agency response cover sheet (C-6) , . . Concirrence agency response about environmentally, relevant aotivities C4 ERA) Conourrence agenoy-response about contaminated land (C-6 CLM) Request for applicant's: written acceptance of concurrence agency response after assessment period expires (C-7) Amended concurrence agency response about environmentally televant activities (C-7 BRA). Amended concurrence agency response about contaminated land (C7 CLM) ‘Notification of decision in relation to a request to change or cancel a condition (C-8) Noiification of proposal to change or cancel a condition (C-9) Notification of decision in relation to a proposal to charige or cancel-a ‘condition (C-10) Application informatiou; Concurrence agency office: Contaminated Land Responsible officer: - Ranald Scott Page Lof2 . 46" Floor, 288 Edward Streat, Bifsbane ‘ Queenstand 4000 Austratts GPO Box 2771 Brisbane Queensland 4007 Australia Telephone: (07) 3224 S644 Facsimile: (07) 3247 3278 Website: wrw.anv.qid.gov.eu pate 10095 recycled poper ABN 87 221 188 785
Page 75
Postal address; - PO Box 2771, BRISBANE QLD 4001 Telephone: 3224 5644 "Fax: 32473278 E-mail: [email protected] EPA no! AMA 7556 Application no.: ° 2007/1259 Property Description: Lotno.: 8 ° Registered Plan no.: RP9315 ‘Letno.: 9 Registered Planno.: KP9315 Lotno.: 10° Registered Plan no.: KP9315 Lotno.: 76 Registered Plan no.: MCH2969 Property Location: 215, 215A, 217 & 219 David Low Way, PEREGIAN BEACH Operations Manager Waste & Contaminated Land Unit Co: ” The Chief Executive Officer Noosa Counoil PO Box 140° . : ' TEWANTIN QLD 4565 . ~ “Attention: Keri Coyle IDAS covering letter (concurrence agency) ee” t
Page 76
Concurrence agency response
Integrated Planning Act 1997 ss3.3,16 and 3.3.18
Applicant: Scanlon Property Group
. C/. PMM Group Pty Ltd A:
POBox 1559
FORTITUDE VALLEY QLD 4006 ~ RECEIVED
Application no.: 2007/1259. : ~ 1 AUG 2007
Date received by EPA: 17 July 2007 NOOSA
Jurisdiction: Environmental Protection Act 1994. Sait GOUNGIL
‘Role: : Concurrence .
Description: Material Change of Use &
215, 215A, 217 & 219 David Low Way; PEREGIAN E
Lotito: 8 Registered Plan no.: RP931S
Lotno.: 9 Registered Plan no.: RP9315
Lotno: 10 Registered Plan no: RP9315
Lotno.:76 Registered Plan no.: MCH2969
1 Type of development
Ms Material change of use : .
“oO Reconfiguration of a Lot ,
where: ‘ / , .
Ct the existing use of the land is, or if the land is vacant land with no existing use the most
tecent use of the land was, for a notifiable activity under the Environmental Protection Act’ -
1994, . , . ‘ .
_o the proposed use of the land is for child care, educational, ‘recreatiorial, residential or
similar purposes and the existing use-of the.land is, or if the land is vacant land with no
-existing use the most recent use of the land was, for an industrial activity. .
Oo the land is on the Environmental Management Register or Contaminated Land Register
under the Environmental Protection Act 1994.
a the land is wholly or partly within an area for which an Area Management Advice for:
industrial activity or natural mineralisation has been issued and the proposed use of the-
land is for child care, educational, recreational, residential or similar purposes. ‘
1 the land is wholly or'partly in an area-for which an Area Management Advice for
unexploded ordnance (UXO) has been issued,
2 Response to development application / :
The Environmental Protection Agency (BPA), acting as a concurrence agency under the Integrated
Planning Act 1997, provides the following response 't6 the application detailed above -
conditions must attdch to any approval of the development ‘
” any approval must be for part only of the development
any approval must be a preliminary approval only
there are no concurrence agency requirements -
the application must be refused
OoooRn
3 Reasons for including condition(s) or refusal .
The site (the subject lot/s) is part of an area of land within which the Department of Defence’:
efence) has assessed a ‘substantial’ risk of residual UXO contamination exists. Visit the Defence
: .defence.gov.anfuxo for details. ‘
VER2
Page 77
Apo IDAS C-6 Defence advises that development or land use rezoning proposals for Jand within a ‘substantial’ zone should only proceed following the conduct of UXO investigation and clearance activities. Defence maintains a list of commercial UXO investigation and remedial search contractors that it accredits to carry out this work, Defence also recommends that owners or occupiers of potentially affected land and workers and contractors employed on the land need to be aware of the procedure if a suspect object is found. As the EPA has no record of the site being further investigated or remediated, it'is considered that there remains a possibility of UXO being found on it. . : 4 Conditions The following concurrence agency conditions aro fo be attached to any approval: 4.1 Prior to the commencement of any excavation, eatthworks or soil disturbance related to this development, that part of the site to be so worked is to be subjected to investigation and, where necessary, appropriate remedial action, 42 Any pérson employed to work on any part of the: site where Condition 4.1 has not been satisfied is to be forewarned in writing by the applicant. . ‘This warning is to explain that information availible to the BPA indicates a potential for residual UXO exists on the site and work should proceed with due caution. Itis to state the procedure to be followed by any person finding an object suspected of being explosive ordnarice or component thereof: . Do not disturb the object, . Take action, where appropriate, to preventit being disturbed by another petson. Note its approximate dimensions and general appearance, Note the route to its location. Advise the Police as soon as possible, esceeos 4.3” Following investigation and eny remedial action taken to satisfy Condition 4,1 above, the applicant is to sbbmit azeport, prepared in accordance with current guidelines, to the EPA for assessment, The EPA is to subsequently advise the Noosa Council and the applicant of its assessment in regard to Condition 4.1 being satisfied, 44 No gravel, rock, sand or soil is to be removed from the site without written EPA approval. 45 Theapplicantis to advise the owner and any occupier of the site of the above responsibilities. - 5 Additional comments or advice - Applicants may contact the BPA*s Contaminated Land Unit on (07) 3224 5644 or visit the Defence website hutpriwww defence. govauuxo/ for the details of current UXO investigation and remedial search conftactors. The EPA accepts reports based on investigative and remedial work carried out by these contractors. . , Investigation dnd remedial action to satisfy Condition4.1 typically involves sampling/search. programs with detection equipment unless the use of such equipment is: . VER 2
Page 78
IDAS.C-6 ® considered unwarranted by a UXO contractor due to the extent of any prior excavation or * earthworks or, conversely, of any filling proposed 4s part of the development program; or * prevented or made impracticable by the presence ofa structure, stockpile, natural barrier or metal waste. . In. the latter case, alternative action may be appropriate to minimise the risk in the first instance, For example, where the tisk of exposure to any UXO that may exist is reduced by the presence of a siracture or natural banter, issuance of the standard UXO waming (see Condition 4.2) may suffice while the structure, stockpile or barrler remains in place, Where a structure is to be removed or reduced as part of the development prograin, protective precautions, commensurate with any greater tisk to witich workers might then be exposed, may need to be considered. Progressive assessment will be necessary where such circumstances exist. Unless, at the completion of preliminary works, there is evidence then available to the UXO contractor that any residual risk is negligible, the use of detection equipment will typically be required to confixm the site’s status, . Where investigation, along with any subsequent remedial action and assessment, is to be implemented by stages to satisfy Condition 4.1 and 4,3, a preliminary investigation report should be submitted by the applicant to the EPA along with a management plan for the proposed work. Staged investigation/remediation is most likely to be applicable where development of smaller, built-on lots (which can present ciroumstances such as those discussed above) or broadheotare sites is proposed. In such cases, the EPA’s assessment of the report and advice to Council in regard to approval of the * development will be dependent on agreement with the management plan. . Where Condition 4.1 is to be satisfied by a whole Jot or broadhectare development stage being subjected to investigation and any necessary remedial action, the BRA, based on the subsequent investigation/remediation report's findings and re¢ommendation/s, may reassess the lot, or that portion comprising the development stage, as being remediated or'not needing remediation, and advise the applicant and Council accordingly. Otherwise, any balance of land that has not been further investigated will retain the risk assessmient made by Defence. This is unless evidence obtained from the investigated part/s can be used to refute Defence’s assessment in regard to all or part of the balance, In the latter case, tho BPA tay reassess all of the balance or the applicable part/s as being unaffected by UXO. so : . 6 Additionat information . ‘This concurrence response applies only to contaminated land issues and does not remove the need to obtain any further approval for this development which may be required by this or other Legislation, State and/or Commonwealth. Applicants are advised to check with all relevant statutory authorities. Applicants should also comply with all relevant legislation. The EPA has not provided a notification to native title pazties for this application, The State*s Native Title Work Procedures indicate that the responsibility for assessment of native title issues for att IDAS application rests with the Assessment Manager. It is recommended that the Assessment Manager determines whether native title notification is required for this application. *End of response* TAS C-6 CLM VER 2
Page 79
; for definitions)
COMPONENT (Refer to Noosa Plan | PROPOSAL
Site Area
23,131m2
Site Cover (Refer to Noosa Plan
| for definition)
I
Commercial Precinct = 1440m?2 (4.93%)
| Visitor Accommodation Precinct = 4064m2 (17.57%)
Total = 5204m2 (22.5)%
GFA, comprising: Commercial Precinct = 1534m2
Visitor Accommodation Precinct = 7247m2
Total = 8781m2
Use Area Commercial Precinct
- Office = 100m2
~ Low Cost Budget Accommodation = 591m2
| - Restaurant = 306m2
- Retail = 387m2
- Total = 1384m2
Visitor Accommodation Precinct = 6279.2m2
Total = 7663.2m2
No. of Dwellings
i2 Buildings with 32 Shared Visitor Hostel Units (or 64
individual units) ,
; 30 Cabins (dwelling units)
Building Height
Commercial Precinct
Visitor Accommodation Precinct
12 storeys and 8m plus undercroft car park
| 3 storeys (2 storeys plus undercroft car park)
| Car Parking
{
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; 8 motorcycle spaces
| 1 bus park
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AMENDMENTS \
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Page 81
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Page 82
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should not be used far fina! detailed
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{ AMENDMENTS ‘
—————— Y
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Page 83
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Page 84
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Page 85
fran iment Typical Elevation 1100 ie | db -— Hi. W | Typical Elevation ToH OU T 1:400 P RE J U D Co D A PL AN S 7 ™, A essence CUNT ‘ SCANLON PROPERTY GROUP PROJECT ESSENCE OF PEREGIAN DAVID LOW WAY PEREGIAN TOURIST ACCOMMODATION: TYPICAL ELEVA HONS SOA) BA TOLRISTACCOMMDDATION, TYPICAL ELEVATIONS ‘aI? AS SHOWN Plan Refsrence 2051723. ¥
Page 86
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Page 87
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Page 88
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Page 89
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Page 90
‘ i | \ essence pferay Cp 4 TMA (AR CAYT CTs | LP QUEERSL&RD FTY tte f nrerieerses \. WEST ELEVATION i arene eee nee ieee / SITE PLANS 1:260 ee , CLIENE SCANLON PROPERTY GROUP PROJEC! ESSENCE OF PEREGIAN DAVID LOW WAY PEREGIAN SITE PLANS STREET CLEVATIONS /", \. NORTH ELEVATION SITE A077 SITE PLANS 1: \ SHUT sive PLANS 260 TE PLD STREET LEAT ON Sali AS SHOWN Blan Reference 20817_ j PTY ID: SOUTH ELEVATION SITE PLANS 1:250 Wte?tH OU T PREJUDICE DA Po LAN §
Page 91
M2358 – Scanlon Property Group
APPENDIX E
Contaminated Land Search
[OCR of page images]
M2358 — Scanlon Property Group JFOP
APPENDIX E
Contaminated Land Search
Page 92
QLD Environmental Management Register and Contaminated Land Register Results
QLD ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL MANAGEMENT REGISTER (EMR)
CONTAMINATED LAND REGISTER (CLR)
Transaction ID: 1213771 AMA/AN Id: 7551 24 March 2010
This response relates to a search request received for the site:
Lot: 76 Plan: MCH2969
EMR RESULT
The above site is NOT included on the Environmental Management Register.
CLR RESULT
The above site is NOT included on the Contaminated Land Register.
ADDITIONAL ADVICE
The above site is in or contains an area of land categorised on the Commonwealth Department
of Defence (Defence) website http://www.defence.gov.au/uxo/ as having a 'substantial'
potential to be affected by residual unexploded ordnance (UXO).
Any development application for material change of use or reconfiguration of the above site will
require referral to the Department of Environment and Resource Management (DERM) in
regard to UXO.
Explanation:
Defence's website includes advice on the land usage of affected sites, on what to do should
UXO be found, on Defence-accredited UXO investigation and remediation contractors and on
landowner indemnification. Under the heading "Where is UXO?" the website also includes a
'disclaimer' which recognises that such sites may be reassessed under State or Local
Government land management arrangements.
Currently, the DERM has a concurrence agency role in Queensland's development approval
process which provides for land in the Defence 'substantial' category to be further investigated
and, where necessary, remediated as part of the process. Relevant information is available on
the DERM website http://www.derm.qld.gov.au/. The DERM has no record of this site
undergoing such work either on a voluntary basis or as part of the development approval
process.
https://www.confirm.citec.com.au/weblogic/C2Dispatcher (1 of 2)24/03/2010 10:33:07 AM
Page 93
QLD Environmental Management Register and Contaminated Land Register Results EMR/CLR Searches may be conducted online through the State Government Website www.smartservice.qld.gov.au or Citec Confirm www.confirm.com.au. If you have any queries in relation to this search please phone (07) 3330 5687. Lindi Bowen Registrar, Contaminated Land Unit https://www.confirm.citec.com.au/weblogic/C2Dispatcher (2 of 2)24/03/2010 10:33:07 AM
Page 94
M2358 – Scanlon Property Group
APPENDIX F
Amalgamation Plan SP231615
[OCR of page images]
M2358 — Scanlon Property Group JFOP
APPENDIX F
Amalgamation Plan SP231615
Page 95
Land Title Act 1994; Land Act 1994 ~ SURVEY PLAN = Sheet] of
Form 21 Version 2 ee a 1 2
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75 AS 97
NPoLeesS me MCHBIO611 /é
DP208589
ao POIBIS
91°43"
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RP801752
[8121852
Scale 1:1000 — Lengths are in Metres.
. beuatl | I L L I J 1 | J | J
JONES FLINT & PIKE PTY. LTO. (ACN 050 414 045) hereb: tif:
Moe aera By MATIHCW CAPPER, Codentral Serverane i0 oO 10 20 30 40 50 60 70 80 90 (0 10 120 130 140
for whose work the corporation accepts responsibility, has made
this plan under Section |7 of the Survey and Mapping
Infrastructure Regulation 2004 and pursuant to the Survey and .
Mapping Infrastructure Act 2003 and Surveyors Act 2003 and Q L fl I t 50/mm Ll I | L100 |mm t 1! l L150 mm State copyright reserved.
associated Regulations and Standards and that the plan is
accurate, and compiled from SP156203, PO3IS & ISI83958 Scale: /: 1000
in the Department of Environment and Resource Management.
Format! =STANDARD
PRELIMINARY Plan of Lot 77
Director Cancelling Lots 8-10 on P9315 and Lot 76 on MCH2969. SP231615
Director PARISH: WEYBA COUNTY: March Plan Status:
pate Meridian: SP/S6203 F/N's: No 23-03-10
Page 96
M2358 – Scanlon Property Group
APPENDIX G
RPS Ecological Report
[OCR of page images]
M2358 — Scanlon Property Group JFOP
APPENDIX G
RPS Ecological Report
Page 97
Our Ref: PR20517
Date: 14 April 2010
Attn: Clint Sloan
Matrix Projects (Qld) Pty Ltd
PO Box 3220
Loganholme
Qld 4129
Via : Email ([email protected]
Dear Clint,
RE: ENVIRONMENTAL REVIEW - RECONFIGURATION OF A LOT, ESSENCE OF
PEREGIAN
1.0 Background
Matrix Projects (Qld) Pty Ltd (Matrix) is seeking a Reconfiguration of a Lot (ROL) approval from
Sunshine Coast Regional Council (SCRC) over land located at 215-219 David Low Way,
Peregian Beach. The ROL will enable the dedication of approximately 0.53ha of land to the
Crown (with Council as Trustee) for Environmental Purposes (i.e. Lot 3; Refer to Figure 1). RPS
(formerly Natural Solutions Environmental Consultants) has been engaged by Matrix to
undertake a review of the reconfiguration plan, with an environmental focus on the suitability of
the proposed setback of the development.
The author of this letter is familiar with the site having undertaken a number of field
investigations, and preparation of associated reports (i.e. Fire Management Plan, Ecological
Assessment), dating back to 2004. RPS has, in the past, also provided expert ecological advice
to aid in the design process of the proposed development.
2.0 Ecology
The site is currently used as a caravan park/camp grounds, and is therefore largely disturbed.
Approximately two-thirds of the site has been cleared of understorey, mid-storey, and ground
cover vegetation. Several mature canopy trees, primarily Broad-leaved Paperbark (Melaleuca
quinquenervia) have been retained within these areas. The groundcover within this region of the
site is currently maintained as mown grass.
Page 98
Regional Ecosystem (RE) Mapping (Version 6.0) provided by DERM, identifies remnant vegetation within the remaining western region of the site. Ground-truthing of the mapped RE community during a previous site assessments identified this area as containing both remnant and non-remnant (weed regrowth) vegetation. Much of the regrowth vegetation occurs as an interface between the cleared caravan park area and the remnant vegetation. The regrowth vegetation comprises a dense mixture of native and exotic plant species. Remnant vegetation occurs to the west of the regrowth vegetation, along the western site boundary, and is dominated by native species. The vegetation within the western region of the site forms an extension of the Noosa National Park (Emu Swamp Section). The RE community identified on site is also mapped as containing Essential Habitat (DERM, 2010) for the following species: Ground Parrot – Pezoporus wallicus wallicus; Wallum Sedge Frog – Litoria olongburensis; Wallum Froglet – Crinia tinnula; and Wallum Rocketfrog – Litoria freycineti. 3.0 Proposed Reconfiguration & Development As part of the proposed reconfiguration, 0.53ha will be dedicated to the Crown (with Council as Trustee) for Environmental Purposes (Figure 1). The majority of this area is mapped as containing RE/Essential Habitat. Securing this area of land for conservation is considered a suitable outcome that enhances the environmental integrity of the broader landscape, and offers the security of Essential Habitat preservation under a single management regime. A small portion (900m2) of actual remnant vegetation will be cleared as part of the proposed development. All other clearing works associated with the development will occur within areas of non-remnant vegetation. The proposed development incorporates an approximate 20m setback from the proposed reconfigured conservation area (Figure 2). In accordance with the Fire Management Plan (FMP; Natural Solutions, 2007) the proposed setback incorporates a six metre fire access constructed of stable material which has sufficient turning capacity for a fire fighting vehicle at the terminating end. This fire trail has been designed to enable accessibility from the development’s internal road network. Furthermore, in accordance with the Stormwater Management Plan (SMP; Simmonds & Bristow, 2009), the proposed setback incorporates a 6m wide stormwater treatment area, and a 3m wide gabion wall diffuser to ensure that stormwater runoff is properly managemed to protect the ecological function of the wetland (Figure 2). 100414_PR20517-000_DR_letter.doc Page 2
Page 99
A minimum 4m wide landscaped buffer is also proposed to separate and reduce the potential
impact on the conservation area from the proposed development (Figure 2). The landscaped
buffer will function as a physical barrier reducing possibility of edge effects, and deterring
pedestrian access to the conservation area. Further landscaping would be undertaken around
proposed dwellings immediately adjacent to the ‘landscaped buffer’.
4.0 Rehabilitation Concepts
As per the recommendations in the FMP, a 4m wide landscaped buffer (characteristic of a wet
low closed heathland) will be maintained at a distance at least 20m between the development
boundary and the higher hazard remnant vegetation within the proposed conservation area.
Weed management will occur within the landscaped buffer for a 12 month period commencing at
the completion of the construction phase. Infill planting of fire tolerant/retardant species within the
landscaped buffer will also occur during this period. Fire “barrier” species such as Macaranga
(Macaranga tanarius) will be planted along the interface of the landscaped buffer and the
proposed development.
It is expected that a detailed rehabilitation plan would be prepared in accordance with Council’s
approval conditions. However, the rehabilitation strategy allows for:
Identification and demarcation of area to be protected;
Removal of non-native, invasive species (mechanical, where possible);
Planting with suitable “fire tolerant’ native species (including trees, sedges, and shrubs); and
A maintenance programme (12 months) to reduce/remove weed encroachment and replace
dead plantings.
It is expected that landscaping maintenance would be an ongoing programme of the proposed
development.
5.0 Summary & Conclusions
In total, the proposed development incorporates an effective 20m (approximate) setback from the
proposed conservation area to be dedicated to the Crown (Figure 2).
The setback seeks to achieve the objectives outlined in the Noosa Planning Scheme Policy 18 –
Ecological Assessment Guidelines, which include:
Protecting flora and fauna listed as either Endangered, Vulnerable or Rare under the
Nature Conservation Act 1992 and/or the Environmental Protection and Biodiversity
Conservation Act 1999, from direct or indirect impacts and from key threatening processes;
Protecting remnant and regrowth vegetation for various reasons including for wildlife
corridors, water quality, buffers and habitat; and
Ensure that the ecological attributes of areas are identified, protected and managed
before, during and after development, thereby contributing to the Shire-wide protection of
environmental values.
100414_PR20517-000_DR_letter.doc Page 3
Page 100
In addition, the reconfiguration is also considered to adhere to the performance criteria, and
recovery objectives and actions identified in the National recovery plan for the wallum sedgefrog
and other wallum-dependent frog species (DERM, 2006), through the preservation (and
proposed rehabilitation) of Essential Habitat for such species.
The proposed setback is in accordance with the recommendations provided in the Council
approved FMP and SMP. The setback and rehabilitation is also considered suitable from an
ecological perspective (as discussed in previous approval documentation) as it allows for removal
of weed species, enhancement, retention, and protection of habitat providing resources for
conservation significant species.
We trust this information is sufficient for your purposes; however should you require any further
details or clarification, please do not hesitate to contact me by telephone.
Yours sincerely
RPS Australia East Pty Ltd
Dr Justin Watson
Environment Manager - SEQ
enc: Figure 1 Property Vegetation Management Plan
Figure 2 Reconfiguration Plan
100414_PR20517-000_DR_letter.doc Page 4
Page 101
NOTES (1) This plan was prepared for the purpose and exclusive use of SCANLON PROPERTY GROUP to accompany an application to SUNSHINE COAST REGIONAL COUNCIL for a Development Permit to Reconfigure the land described in the plan and is not to be used for any other purpose or by any other person or corporation. JONES FLINT & PIKE PTY. LTD. accepts no responsibility for any loss or damage suffered howsoever arising to any person or corporation who may use or rely on this plan in contravention to the terms of this clause or clauses 2, 3 or 4 hereof. (2) The base information on this plan is derived from others and is suitable only for the purpose of this application. (3) The dimensions, areas, size and location of improvements, flood information (if shown) and number of lots shown on this plan are approximate only and may vary. (4) This plan may not be reproduced unless these notes are included. PROPERTY DESCRIPTION PROPOSED LOTS 1-3 CANCELLING LOT 76 ON MCH2969 AND LOTS 8-10 ON P9315 PARISH OF WEYBA COUNTY OF MARCH TOTAL AREA 2.313 ha LEGEND PRINCIPAL COMMON PROPERTY (0.08 ha approx.) MAPPED REMNANT VEGETATION THAT IS OF LEAST CONCERN & MAPPED ESSENTIAL HABITAT AREA AREA OF MAPPED REMNANT VEGETATION TO BE CLEARED (0.45 ha approx.) AREA OF GROUND TRUTHED VEGETATION TO BE CLEARED (0.09 ha approx.) ( 7 Y YY Y~ ~ JONES FLINT & PIKE ° * a”) “1 000 o 62 0 revision at PANNING. REANDEDGN.SUNEYRG EGNEERNG. LANDSCAPE ARTECTURE : tres | arent | detais date in sheet 1_of 1 sheets \ Ive SCALE SRG GUGHAL DRAG SOA) mm original issue 24.03.10 | TJM SITE AT DAVID LOW WAY, PEREGIAN BEACH drawing number BRISBANE . SUNSHINE COAST . GLADSTONE, 1 ‘DONOT SCALE FRON THIS ORAWING - USE ONLY DIMENSIONS PROVIDED FIN DOUBT PLEASE ENQUIRE < designed COPYRIGHT (€) 2010 JONES FLINT & PIKE PTY LTD A SCANLON PROPERTY GROUP M2358. 04 BRISBANE - JF+P HOUSE Cnr Emest & Merivale Streets, ‘Flopnone (0) 3848 ere “ drawn ANY FORM OR BY ANY MEANS IN PART OR IN WHOLE WITHOUT checked | R.S, | THEWRITTEN CONSENT OF JONES FLINT & PIKE PTY LTD. PROPERTY VEGETATION MANAGEM ENT PLAN TUM | THIS DOCUMENT MAY NOT BE COPIED OR TRANSMITTED IN JONES FLINT & PIKE PTY. LTD. AGLN. 050.416 045 www ifp.com au " date 24th March 2010 \_ approved | RS. ye h LU wg -04_ PP. P:\M2368\Stage O\AutoCAD Working Drawings|M2368.
Page 102
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BRISBANE - JF+P HOUSE
Cnr Emest & Merivale Streets,
South Brisbane, Queensland. 4101
Telephone (07) 3844 7161
JONES FLINT & PIKE PTY. LTD. ACN 050 414 045
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NOTES
(1) This plan was prepared for the purpose and exclusive use of
SCANLON PROPERTY GROUP
to accompany an application to SUNSHINE COAST REGIONAL COUNCIL
for a Development Permit to Reconfigure the land described in the plan and
is not to be used for any other purpose or by any other person or
corporation.
JONES FLINT & PIKE PTY. LTD. accepts no responsibility for any loss or
damage suffered howsoever arising to any person or corporation who may
use or rely on this plan in contravention to the terms of this clause or
clauses 2, 3, 4 or 5 hereof.
(2) The base information on this plan, including site contour and detail
survey, is derived from others and is suitable only for the purpose of this
application
(3) The dimensions, areas, size and location of improvements, flood
information (if shown) and number of lots shown on this plan are
approximate only and may vary
(4) For details on buffers and stormwater infrastructure, refer to
Development Approval 2007/1259
(5) This plan may not be reproduced unless these notes are included.
PROPERTY DESCRIPTION
PROPOSED LOTS 1-3 CANCELLING
LOT 76 ON MCH2969
AND LOTS 8-10 ON P9315
PARISH OF WEYBA
COUNTY OF MARCH
TOTAL AREA 2.313 ha
LEGEND
-) INDIVIDUAL SURVEYED TREE
EXISTING BUILDING - TO BE
DEMOLISHED (From Aerial Photo)
PRINCIPAL COMMON PROPERTY
(0.08 ha approx.)
Q100 - PRE DEVELOPMENT (3.5m)
4m WIDE LANDSCAPED BUFFER
\ SS 6m WIDE FIRE TRAIL
\ |) @e
= \ « 6m WIDE STORMWATER
TREATMENT AREA
\ a \\ Y AS
6 REE SINE © — 978 i, Ey oO 3m WIDE GABION WALL
é 6S ROAD
| a 3 Approved Land Use
° “*° Lot 1 - Commercial
Lot 2 - Visitor Accommodation
Lot 3 - Park
Easements
Easement A on SP156199 - Drainage (to be relocated)
( (A3) 1:1000 Y tevision ( Y )
0 10 20 30, 40 50 60. "
SCALE (= tr metres | a’ment | details date init sheet 1 of 1. sheets
TE SOLE SONS ORI RAINS Sc original issue 17.03.10 | TJM SITE AT DAVID LOW WAY, PEREGIAN BEACH drawing number
designed commit © aOIONESNTAPKEFVETO A SCANLON PROPERTY GROUP
Gam [RT] ‘sone wt aecorcooe mare M2358-02
cecad [RS | Newt chevter meoRWTEMER RECONFIGURATION PLAN
\_ approved RS. J date 17th March 2010
nN ~ SJ. JS
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P:1M2358\Stage O\AutoCAD|Working Drawings\M2368-02_RP.dwg
Used in these records
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