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FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - RESORT COMPLEX AND ANICILLARY BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, AND CLUB (MINOR EXTENSION TO EXISTING CLUBHOUSE) AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS (REFERRED FROM PLANNING & ENVIRONMENT COMMITTEE DATED 6 MAY 2025) · ATTACHMENT 5 - MCU21/0110 - OFFICER REPORT 11 June 2024

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         ATTACHMENT 5 - MCU21/0110 - OFFICER REPORT 11 JUNE 2024
PLANNING & ENVIRONMENT COMMITTEE MEETING                                             11 JUNE 2024


5.5     FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE -
        RESORT COMPLEX AND ANCILLARY BAR, FOOD AND DRINK OUTLET, OUTDOOR
        SPORT AND RECREATION, AND CLUB (MINOR EXTENSION TO EXISTING
        CLUBHOUSE) AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS


Author            Development Assessment Manager, Patrick Murphy
                  Development & Regulation Department
Index             Application / MCU21/0110
Attachments       1.   ATTACHMENT 1 - (MCU21/0110) PROPOSED CONDITIONS
                  2.   ATTACHMENT 2 - (MCU21/0110) - DEVELOPMENT ASSESSMENT
                       MANAGER'S FURTHER REPORT
                  3.   ATTACHMENT 3 - (MCU21/0110) - OFFICER REPORT (13 JULY 2023)
                  4.   ATTACHMENT 4 - (MCU21/0110) - FURTHER REPORT (7 NOVEMBER
                       2023)
                  5.   ATTACHMENT 5 - (MCU21/0110) - APPLICANTS SUBMISSION (13
                       OCTOBER 2023)
                  6.   ATTACHMENT 6 - (MCU21/0110) - PROPOSAL PLANS




EXECUTIVE SUMMARY
A report for this application was presented to Council at the Planning and Environment
Committee on 11 July 2023, the application seeks to develop a 106-room hotel on land within
Noosa Springs.
The report addressed a range of issues including the sites split zoning, the potential odour
impacts of the nearby sewage treatment plant, bushfire risk, ecology, carparking and built form.
The officer’s recommendation was to approve the application on the basis that the odour impacts
had been satisfactorily addressed and matters relating to bushfire, ecology, carparking and built
form had been suitably addressed.
The matter was referred to the General Committee Meeting dated 17 July 2023 at which time a
motion was put forward to refuse the application. The motion was successful, and the application
was recommended for refusal.
On 19 July the applicant stopped the decision-making period until 29 September 2023. As this
was done prior to the Ordinary Meeting of 20 July 2023 Council was not able to finalise a decision on
the application. The decision-making period recommenced on 29 September 2023.
A Further Report was prepared for the Planning and Environment Committee meeting on 7
November 2023, due to the significance of the matter was referred to the General Meeting of 13
November 2023.
At that time the applicant had not amended the layout of the proposed development however had
provided several written submissions which included an analysis of the submissions made during
the notification period, a letter from a solicitor reviewing the proposed grounds of refusal, and a
further letter from the applicant’s planning consultant seeking to justify grounds to support the
development.
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PLANNING & ENVIRONMENT COMMITTEE MEETING                                          11 JUNE 2024


The officer recommendation remained in support of the application, it was recommended that
condition 13 of the original recommendation, which required guests to be advised of the potential
for odour from the sewage treatment plant, be deleted.
The grounds of refusal proposed at the General Committee on July 17, 2023, were reviewed by
a planning solicitor. Accordingly, the updated grounds of refusal were included in the report.
On 13 November 2023 the applicant made an Other Change to the application to include an
extension to the existing clubhouse. The change was an Other Change as it introduced a new
land use into the application. This meant that the application reverted to the Confirmation Notice
stage and no decision was able to be made on the application at the 13 November 2023 General
Committee Meeting.
The change formalises the changes to the clubhouse that were referred to in the original report,
and include the following:
            Minor alterations to the internal configurations of the bar, kitchen, cold room and
             store area (red dotted outline); and
            New liquor cool room, new dry store, new security & procurement office, new wet
              and dry waste areas and new enclosed storage area (shown as yellow shading).
The proposed addition of the Club use, to facilitate the minor increase in the floor area of the
existing clubhouse raises no concerns. Accordingly, the officer recommendation remains in
support of the application.
RECOMMENDATION
That Council note the Further Report by the Manager Development Assessment to the Planning
and Environment Committee Meeting dated 11 June 2024 regarding Application No.
MCU21/0110 for a Development Permit for a Material Change of Use – Resort Complex and
ancillary Bar, Food and Drink Outlet, Outdoor Sport and Recreation and Club (minor extension
to existing clubhouse) at 61 Noosa Springs Drive, Noosa Heads and
   A. Approve the application in accordance with the proposed conditions outlined in Attachment
      1.
   B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016

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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                   11 JUNE 2024


                ATTACHMENT 1 – (MCU23/0101) – PROPOSED CONDITIONS


When Conditions must be Complied With
       1.  Unless otherwise stated, all conditions of this Decision Notice must be complied with
         prior to the use commencing, and then compliance maintained at all times while the
         use continues.
Approved Plans
      2.      Development undertaken in accordance with this approval must generally comply with
             the approved plans of development. The approved plans are listed in the following table
             unless otherwise amended by these conditions.

            Plan No.      Rev.   Plan/Document Name                                 Date

            DA 1.00        13    Site Plan, prepared by Marchese Partners           09.02.2023

            DA 1.01        13    Entry Link Level Plan, prepared by Marchese 09.02.2023
                                 Partners

            DA 1.02        13    Basement Plan, prepared by Marchese Partners       09.02.2023

            DA 1.03        11    Lower Ground Floor Plan, prepared by Marchese 09.02.2023
                                 Partners

            DA 1.04        11    Ground Level Plan, prepared by Marchese 09.02.2023
                                 Partners
            DA 1.05        11    Level 1 Plan, prepared by Marchese Partners        09.02.2023

            DA 1.06        11    Level 2 Plan, prepared by Marchese Partners        09.02.2023

            DA 1.07        11    Level 3 Plan, prepared by Marchese Partners        09.02.2023

            DA 1.08        11    Roof Plan, prepared by Marchese Partners           09.02.2023

            DA 1.12        3     Carpark Plans, prepared by Marchese Partners       09.02.2023

            DA 2.01        12    Noth and East Elevation, prepared by Marchese      09.02.2023
                                 Partners

            DA 2.02        12    South and West         Elevation,   prepared   by 09.02.2023
                                 Marchese Partners

            DA 2.03         3    Carpark Elevations and Section, prepared by 09.02.2023
                                 Marchese Partners
            DA 2.04         6    Tennis Courts, prepared by Marchese Partners        09.02.2023

            DA 3.01        12    Building Sections,     prepared     by   Marchese 09.02.2023
                                 Partners
            DA 3.02        10    Part 1 Sections, prepared by Marchese Partners      09.02.2023




                                                                                      Page 1 of 12

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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                11 JUNE 2024


          DA 3.03        11    Part 2 Sections, prepared by Marchese Partners     09.02.2023

          DA 0.03        7     GFA Calculations,     prepared    by   Marchese 09.02.2023
                               Partners

          DA 4.05        9     3D View – Building Entry, prepared by Marchese 09.02.2023
                               Partners

          DA 4.06        9     3D View – Pool View 1, prepared by Marchese 09.02.2023
                               Partners

          DA 4.07        9     3D View – Pool View 2, prepared by Marchese 09.02.2023
                               Partners
          DA 4.08        9    3D View – Looking North from Resort Drive, 09.02.2023
                              prepared by Marchese Partners

          DA 5.02        6    Accommodation Types, prepared by Marchese 09.02.2023
                              Partners

          LCP2      –    D    Landscape Concept Design Package prepared 08.02.2023
          LCP23               by Place Design Group

          N/A            1    Terrestrial Ecology Assessment prepared by
                              Gondwana Ecology dated 26.02.2020 and as
                              amended by letter from Gondwana Ecology
                              dated 9 February 2023

          N/A            4    Bushfire Hazard Assessment prepared by Rob
                              Friend & Associates dated 30.04.2022 and as
                              amended by the letter from Rob Friend and
                              Associates dated 10.02.2023

          Plate 1             Outdoor Use Areas – Time of Use Restrictions

          DA1.10         7    Existing clubhouse plan, prepared by Marchese 09.02.2023
                              Partners

          DA1.11         7    Proposed clubhouse plan, prepared by Marchese 09.02.2023
                              Partners




Nature and Extent of Approved Use
     3.    The approved resort units must be used for short term visitors only. The approved units
           must not be occupied by persons for the purpose of permanent accommodation,
           excluding those persons in a manager's residence for the premises. The requirements
           of this condition must be included in the Community Management Statement for any
           body corporate for the subject site.
     4.    The approved uses and associated activities must not result in environmental
           nuisances such as noise, visual or odour impacts that unreasonably diminish the
           amenity of the area or surrounding uses.




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     5.     Service vehicle movements associated with non-residential uses on the premises
            (including loading and unloading) must not occur outside the hours of 7am to 6pm
            Monday to Saturday and not at all on Sundays or public holidays. The requirements of
            this condition must be included in the Community Management Statement for any body
            corporate for the subject site.
      6.    Conferences and Functions must only occur within the existing Noosa Springs Golf
            and Spa Resort.
Currency Period
           7.    This development approval lapses if the use has not happened by 20 June 2030
                                                                                        unless
            an application to extend the currency period is approved by Council.
Ventilation
     8.      All internal use areas of the accommodation use including hotel suites, common areas,
             office, dining, bar and lobby areas shall be fully air-conditioned, allowing external
            façade elements (doors and windows) to be closed if required. Fresh air makeup to the
            air conditioning systems must be drawn from roof level locations located as far as
            practical from the Noosa Wastewater Treatment Plant.
      9.    Activated carbon filtration to be installed on all fresh air makeup locations of the air
            conditioning systems and are regularly maintained to manufacturer specifications.
Outdoor Use Areas – swimming pools and tennis courts
         Use by guests and visitors of the tennis courts, is limited to the time period 6am to
         10pm only. 11.
    10. Use by guests and visitors of the swimming pools located to the north of the proposed
         buildings as identified in Plate 1 (not including the outdoor area between the proposed
         buildings) is limited to the time period 6am to 12am only.
Acoustic
      11.    An updated acoustic report must be submitted to Council prior to the issue of an
            Operational Works approval. The amended acoustic report must include
            recommendations to address the impact on the residential amenity attributed to use of
            the loading docks, including the noise associated with vehicles and trucks accessing
            and using the loading docks. The recommendations of the acoustic report must be
            implemented prior to the commencement of the approved uses.
Odour
    12.     The operator must maintain an Odour Complaint Management Plan, with the plan
            including the internal management of any complaints from hotel guests. The Odour
            Management Plan must be submitted to Council prior to the issue of an Operational
            Works approval.
Built Form and Development Appearance
     13.    The maximum height of the development must be in accordance with the approved
            plans.
     14.    Certification must be submitted to Council from a Licensed Surveyor which certifies
            that the buildings do not exceed the maximum height requirement of this Decision
            Notice.
     15.    All air conditioning units or other mechanical equipment must be fully enclosed or
            screened such that they are not visible from the street frontages nor adjoining
            properties.
     16.    All deck and balcony areas above ground floor must not be enclosed by permanent
            fixtures such as shutters, louvres, glass panelling or the like.
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     17.     The development must incorporate the colour scheme and proposed mix of building
             materials as outlined in the approved plans.
     18.     Any security screens on the premises consist of grille or translucent screens and not
             solid shutters, screens or roller-doors.
             All mechanical equipment and other service infrastructure located on the site must be:
     19.
             a. located not less than 2 metres from a property boundary;
             b. fully enclosed or screened such that they are not visible from the street frontages
                nor adjoining properties. Where screened by landscaping, landscaping beds must
                be at least 1.5 metres wide.
     20.     No part of the site may be used for outdoor storage of materials.
Performance Bond
      21. Security in the form of a cash bond or trading bank guarantee to the sum of $200,000
         must be submitted to Council, to secure performance of all conditions of this approval,
         prior to pre-start meeting. The cash bond or trading bank guarantee will be returned on
         performance of the conditions of approval less any costs incurred by Council in respect of
         enforcing performance of this permit. Council reserves the right to call upon the bond or
         guaranteed sum to effect compliance with conditions.
Tennis Court Fencing
       22.     Tennis court fencing must be comprised of black powder coated posts and rails with
             black PVC coated chain wire mesh, or the like.
Tennis Court Light Spillage and Glare
     23.     Lighting must be directed onto the site and away from neighbouring properties.
     24.     The level of light emanating outside the property must not exceed an illumination level
             of 12 lux nor an average of 10 lux when measured 3 metres outside the property
             boundary.
     25.     The light fittings must be baffled to ensure that a light source is not directly visible from
             the habitable room window of an adjoining property.
        26. All light readings are to be taken in a horizontal plane at a height of 1000mm above
           ground level.
Tennis Court Operating Hours
     27.     Tennis courts must not be illuminated after 10.00p.m. nor before 7.30 a.m.
Structural Stability
     28.     All lighting support columns must be manufactured from galvanised steel.
     29.     The pole height shall not exceed 8 metres.
      30.    The pole and associated concrete footing design must be engineer certified to support
             the light fitting and to withstand wind loads appropriate to the terrain classification.
Tennis Ball Machines
     31.     Machines which operate on the air compression principle must not be used after 7.00
             p.m. nor before 8.00 a.m.
     32.     Silent running machines which operate at a noise level not exceeding 10 decibels
             (when measured at the property boundary) must not be used after 10.00 p.m. nor
             before 7.30 a.m.



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Public Safety
     33.     During operating hours, all parking areas, pedestrian areas and entrances/exits to all
             stairwells, lifts, foyers and public toilets must be well lit with vandal resistant lighting
             and with intensities to satisfy the requirements of Australian Standard AS1158 “Public
             Lighting Code”. Lighting must be designed to reduce the contrast between shadows
             and well lit areas. In particular, appropriate security lighting must be provided in the
            location of the bicycle/ scooter parking and bin storage area.
      34.After hours access to loading docks, storage areas and the basement carpark
        (including the vehicle ramp and all stairwells) must be restricted by a security gate,
        lockable doors and/or other suitably appropriate means. The basement carpark must be
        kept closed and locked at all times while the use is not operating.
Community Management Statement
      35.   Any proposed Community Management Statement required for the development
            pursuant to the Body Corporate and Community Management Act 1997 must be
            submitted to Council for endorsement at the same time as submission of the Building
            Format Plan (or similar) to Council for compliance assessment.
     36.    All clauses and by-laws of the proposed Community Management Statement must
            accord with the requirements of this Decision Notice.
Water & Sewer Connections
    37. An underground connection to reticulated water and sewerage must be provided to the
          development site in accordance with the standards and requirements of Northern SEQ
          Distributor–Retailer Authority (Unitywater).
    38. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
          (Unitywater) must be submitted to Council that certifies an underground connection to
          reticulated water and sewerage has been provided to the development site.
ENGINEERING/TRAFFIC
Site Access and Driveways
     39.    A sealed access driveway must be provided from the internal service road to all parking
            and manoeuvring areas of the development. The works must be undertaken in
            accordance with an Operational Works approval and must include in particular:
            a. a driveway crossover in accordance with Council’s standard drawing RS-051 and
              respective addendum; and
           b. suitable safety measures, including warning signage, to improve driver awareness
              of pedestrians and enhance pedestrian safety. Warning signage must be provided
              near the exit ramp from the underground parking area to warn motorists of
              pedestrian movement along the frontage street.
Car Parking
      40.    Car parking must be provided in accordance with the approved plans and as amended
            by the conditions of this approval. The works must be undertaken in accordance with
            an Operational Works approval.
     41.    The parking layout is to be in accordance with the requirements of AS/NZS 2890.1-
            2004
     42.    Provision of vandal resistant public lighting with intensities to satisfy the requirements
            of Australian Standard AS1158: Public Lighting Code.
     43.    All car parking areas and access driveways must be maintained exclusively for vehicle
            parking and manoeuvring and kept in a tidy and safe condition at all times.


                                                                                          Page 5 of 12

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      44.    Directional signage must be provided to direct visitors and customers to the car parking
             spaces provided on site.
Security Access to Carpark
    45. Where access to the carpark is proposed to be restricted by a security gate, provision
          must be made for queuing of vehicles clear of the roadway while waiting for the security
          gate to open.
    46. Where a secure carpark services a commercial use on the site, the security gate must
          remain open at all times while commercial uses on the site are open for business. The
          requirements of this condition must be included in the Community Management
          Statement for anybody corporate for the subject site.
Service Vehicles
       47.   Service vehicle parking, manoeuvring and standing spaces must be provided on the
          site. The works must be undertaken in accordance with an Operational Works
          approval.
Pedestrian and Bicycle Facilities
     48.      Pedestrian and bicycle facilities must be provided for the development. The works must
             inc lude in particular:
             a.     signage and lighting at strategic locations to direct people to building entries and
                  public toilet facilities;
             b. a total of 53 bicycle parking spaces; and
               c. end of trip facilities involving 27 lockers, 6 showers and change rooms within the
                development.
Water quality and quantity
    49. The site must be provided with a stormwater drainage system connecting to a lawful
          point of discharge. The works must be undertaken in accordance with an Operational
          Works approval and the Queensland Urban Drainage Manual.
    50. A stormwater quality treatment system must be provided for the development. The
          works must be undertaken in accordance with an Operational Works approval and the
          Bioretention Technical Design Guidelines (Water by Design, 2012), and must include in
          particular:
          a. stormwater quality treatment devices of a size and location generally in accordance
              with those shown in Drawing No. C6070/20/P07 prepared by Walsh Consulting
              Engineers dated 26/10/2021, with the exception of the following:
                   i.   Bioretention filter area is to be increased in size to the area stated for
                        bioretention surface area on the above referenced plan
             b. bioretention devices which:
                  i.    are designed generally in accordance with IPWEQA Standard Drawing No.s
                        DS-073, DS-075 and DS-076
                 ii.    are provided with a free-draining outlet from the sub-soil drainage system
     51.     Permanent educational signage* must be erected to educate the residents of /
             customers to the development about the function of the bioretention device(s). The
             dimensions, standard, presentation and location of the educational signage must be in
             accordance with an Operational Works approval.




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     52.     All stormwater quality treatment devices must be maintained in accordance with the
             Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The
             approved Operational Works drawings for the stormwater quality treatment system and
             detailed life cycle costing of the system must be attached as an addendum to this
             document. Records of all maintenance activities undertaken must be kept and made
             available to Council upon request.
     53.     Operating roof water harvesting tanks must be provided for the development. The tanks
             must be provided in accordance with an Operational Works approval and must include
             in particular:
             a.     a total tank capacity of 135,000 litres
             b. a catchment of not less than 2,800m2 of the building roof area
             c. re-use of harvested stormwater for non-potable outdoor uses including irrigation of
                 landscaped areas and swimming pool top-up.
     54.     Certification must be submitted to Council from a qualified person which certifies that
             the stormwater harvesting tanks and associated reticulation has been installed in
             accordance with the requirements of this Decision Notice.
Acid Sulfate Soils
      55.     An Acid Sulfate Soil Management Plan must be prepared and submitted with the
             Operational Works application for the site. The acid sulfate management plan must
             include testing, monitoring and treatment requirements for the works.
Services
      56.    Unless otherwise stipulated by telecommunications legislation at the time of
             construction, the development must be provided with all necessary conduits, pits and
             pipes to accommodate the future connection of optic fibre technology
             telecommunications.
     57.     Certification must be submitted to Council from all relevant service providers (Energex,
             NBN and Unitywater which certifies that the development has met the requirements of
             this Decision Notice and all applicable legislation at the time of construction.
Easements
       58.    Unless otherwise agreed in writing by the relevant service provider, any public or third
             party infrastructure located on the subject site must be placed within an easement
             registered against the title of the property.
     59.     All easements must be designed in accordance with the planning scheme and granted
             at no cost to the Grantee. Where the Grantee is Council or a service authority, the
             easement documentation must be in accordance with the Grantee’s standard
             easement terms. Draft easement documentation must be submitted to Council for
             endorsement.
      60.    All works must be kept clear of any existing or proposed easements on the subject
             land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
     61. All excavation, fill, soil retaining structures and associated batters must be undertaken in
         accordance with an Operational Works approval and contained entirely within the
         subject site unless written permission from the respective landowner(s) is provided to
         Council.




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     62.   All retaining walls must be designed and constructed in accordance with the planning
           scheme and must be certified by an RPEQ where exceeding 1.0m in height. All
           retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with
           a commercial grade safety fence.
Damage to Services and Assets
     63.  Any damage caused to existing services and assets as a result of the development
           works must be repaired at no cost to the asset owner at the following times:
          a. where the damage would cause a hazard to pedestrian or vehicle safety,
              immediately; or
           b. where otherwise, upon completion of the works associated with the development.
      Any repair work which proposes to alter the alignment or level of existing services and
      assets must first be referred to the relevant service authority for approval.
LANDSCAPING
Landscaping Works
    64. The development site must be landscaped in accordance with a Council endorsed
         landscape package prepared by a qualified person*. The works must be undertaken in
         accordance with an Operational Works approval and the Noosa Plan for that specific
         area and must include in particular:
           a. the works shown on the Approved Landscape Concept Design Package Plans, with
              the exception of:
                  i.     extending ‘31. Turf - no plantings with 5 metres of building’ as annotated by
                       Council;
           b. a Landscaping Plan and Plant Pallet including hard and soft plant percentages,
              plant numbers, planting locations, pot sizes and whether Noosa Native, Australian
              Native or Exotic;
           c. a Landscape Management Plan including (but not limited to):
                  i.   landscape design principles for bushfire hazard areas in Part 5 of Bushfire
                       Resilient Building Guidance for Queensland Homes (QRA 2020);
                 ii.   Certification from a qualified* person ensuring the Landscape Management
                       Plan complies with the design principles in the Part 5 of Bushfire Resilient
                       Building Guidance for Queensland Homes (QRA 2020) and the Bushfire
                       Management Plan.
                iii.   Management of branches overhanging building envelopes.
           d. clear integration of the Bushfire requirements and recommendations identified
              within the approved Bushfire Hazard Assessment Report & Mitigation Plan version 4
              dated 30 April 2022, and as amended by the Further Advice letter from Rob
              Friend and Associates Pty Ltd dates 10 February 2023, including landscaping
              treatments where maximum distances are permitted including:
                  i.   a band of vegetation up to 20m wide along Resort Drive is to contain 100%
                       less flammable plant species;
                 ii.   the remaining area greater than 20m from Resort Drive can contain no less
                       than 50% less flammable plant species in the understory and groundcover;
                       and
                iii.   regular maintenance of groundcover and understorey to reduce flammability
                       within the landscaped area.
           e. clear integration of the landscaping recommendations, for the purpose of odour
              mitigation, identified in the Katestone report dated December 2020.

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           f. A vegetated buffer of a height that avoids line of sight contact with the Sewage
              Treatment Plant from any place or structure on the development site to Council’s
              satisfaction.
           g. Both sides of Resort Drive Road Reserve between the intersections of Links Drive
              and Lakeview Rise must be rehabilitated and revegetated in accordance with the
              landscaping recommendations of the approved Bushfire Hazard Assessment and
              Mitigation. The works must be undertaken in accordance with an Operational
              Works approval.
           h. Details of water quality treatment device plantings with a minimum of five plant
              species and a plant density of 8 plants per square meter;
           i. Details of all fencing and gates (including but not limited to height, construction
              type, materials);
              Details of tree protection methods provided by a qualified person* to be engaged to
           j. protect trees identified within the conditions of this approval in particular
              vegetation located within the mapped Koala Habitat Area to the north of the
              development site.
              Native trees of a minimum pot size of 100L to replace existing trees to be removed
           k. from the site, at the rate of 1 replacement tree for every tree removed that has a
              diameter greater than 200mm measured at 1.2 metres from ground surface level.
              Vegetated screening of any electrical transformers, bin storage areas and the like
           l.
              from the road frontage.
           m. Vegetation offsets in accordance with the recommendations Gondwana Ecology
               letter dated 9 February 2023.
     65.   All landscape works must be established and maintained in accordance with the
           approved design for the life of the development, and in a manner that ensures healthy,
           sustained and vigorous plant growth. All plant material must be allowed to grow to full
           form and be refurbished when its life expectancy is reached.
     66.   Control of all weeds species listed in the following standards and legislation:
               Declared plants under the Land Protection (Biodiversity Act 2014 and subordinate
           a. Regulation 2016).
              Noosa Local Government Area Pest Management Plan 2015-2019.
           b. Undesirable Species as listed in Planning Scheme Policy 3 Landscaping Plants
           c. and Guidelines.
     67.   All entry statements, fences, retaining walls and buffer/screen plantings must be
           located entirely within private land and not within the public road reserve.
Treatment of Temporarily Vacant Land
     68.   Where some or all of the land remains vacant or undeveloped for more than 3 months, or
           buildings are demolished and redevelopment is delayed for more than 3 months, the
           foll owing works must to be carried out:
           a. the site must be cleared of all rubble, debris and demolition materials
           b. the site must be graded to prevent ponding (to the same level as the adjoining
              footpath wherever practicable), turfed and mown at a minimum 3 weekly intervals
           c. the site must be landscaped with perimeter planting consisting of advanced
              specimens of fast growing tree species
           d. the site must be maintained to ensure no nuisance to adjacent premises, roads or
              footpaths

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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                   11 JUNE 2024


           e. where fencing is installed to secure boundaries:
                 i.   the fencing must be durable and not capable of being pushed or blown over
                ii.   the fencing type must not detract from local amenity (barbed wire is not
                      acceptable)
               iii.   vandalism must be promptly repaired and any graffiti removed.
Retention of Existing Trees
     69.   Existing trees on the development site and in the road reserve must be retained in
           accordance with an Arborist Report (or part thereof) prepared by a qualified person* and
           endorsed through an Operational Works approval. The Arborist Report must include:
           a. Tree removal/retention plan that includes all native trees and identifies in particular
              all native trees to be removed with a diameter greater than 200mm measured at
              1.2m from ground surface level.
               *(Refer to Advisory Note)
     70.  Vegetation identified as not approved for removal within ‘Attachment E - Tree Removal
         Plan’ within the approved Terrestrial Ecological Assessment report, and as amended by
         the letter, attached plans and tree survey prepared by Gondwana Ecology dated 9
         February 2023, must be protected.
     71. The trees identified for retention in the conditions of this approval must be maintained
           in good health for the life of the tree.
Vegetation Removal
     72. ‘Attachment E - Tree Removal Plan’ within the approved Terrestrial Ecological
          Assessment report and as amended by the letter, attached plans and tree survey
          prepared by Gondwana Ecology dated 9 February 2023 identifies the vegetation
          approved for removal.
     73.   Any removal of vegetation must be in accordance with the conditions of this approval.
           Land Rehabilitation
     74.   The land area containing retained vegetation is required to be rehabilitated with local
           native species suitable for the area and the species selection consistent with the
           naturally occurring species in the area whilst maintaining compliance with bushfire
           conditions within this approval. The works must be undertaken in accordance with an
           Operational Works approval.
     75.   A Vegetation Management and Rehabilitation Plan is to be prepared by a qualified
           person* and submitted for approval as part of the operational works application. This
           pla n must include (but not limited to):
           a. Existing remnant vegetation protection;
           b. Vegetation rehabilitation;
           c. Weed management; and
           d. Performance outcomes and how and when they are to be achieved.
     76.   A “no clearing zone” must be established and maintained over the area identified as ‘1
           – Existing Remnant Vegetation to be retained with weed management implementation’
           within the Landscape Concept Design Package plan LCP5 listed within this Decision
           Notice. With the exception of the trees approved to be removed in the conditions of this
           approval. The following activities must not be carried out within the no clearing zone:
           a. clearing, cutting down, poisoning, lopping or pruning of native vegetation which is
               indigenous to, or planted within, the zone

                                                                                    Page 10 of 12

Page 13

PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                    11 JUNE 2024


           b. soil/spoil dumping and/or compacting
           c.   soil excavation, other than for planting indigenous native plants.
           The following exceptions apply:
           a. declared plants under the Land Protection (Pest and Stock Route Management)
              Act 2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental
              Weeds, Exotic Grasses and other plants identified in writing by Council
           b. indigenous native trees which pose a well-founded threat to persons or property as
              approved in writing by Council
            c. controlled bushfire burns to maintain ecological processes subject to submission of
                a Bushfire Management Plan and agreed in writing by Council.
Fauna Management
    77.    Vegetation must only be removed or disturbed in accordance with a Fauna
           Management Plan (or part thereof) prepared by a qualified person* and endorsed
           through an Operational Works approval. *(Refer to Advisory Note)
    78.    Permanent artificial nesting boxes must be installed within the Koala Habitat (Core) to
           provide compensatory habitat for arboreal mammals and hollow dependent avian
           species. The works must be undertaken in accordance with an Operational Works
           approval.
Bushfire Management
     79.    The development must be carried out in accordance with the approved Bushfire Hazard
           Assessment Report & Mitigation Plan version 4 dated 30 April 2022, and as amended
           by the Further Advice letter from Rob Friend and Associates Pty Ltd dated 10 February
           2023, listed within this Decision Notice, with the exception of the following:
           a. Establishment of an additional evacuation point offsite within the golf course that is
               separated from buildings and is located outside of identified bushfire hazard prone
               areas or potential impact buffer.
           The report must be resubmitted to Council incorporating the above amendments prior
           to the issue of any Development Permit for Operational Works. *
           *(Refer to Advisory Note)
    80.    Certification must be submitted to Council from a qualified person* which certifies that
           the development has been constructed in accordance with the bushfire management
           conditions of this Decision Notice. *(Refer to Advisory Note)
    81.    Certification must be submitted to Council from a qualified Person which certifies that
           the development is sufficiently serviced by reticulated water with hydrant standpipes, in
           ground hydrants and water pressure to meet firefighting needs in an emergency.
    82.    A copy of the Bushfire Hazard Assessment Report & Mitigation Plan and evacuation
           procedure listed within this Decision Notice must be provided to the nearest fire
           authority. *(Refer to Advisory Note)
WASTE DISPOSAL
     83.   Prior to the issue of any Operational Works approvals for this development an
           Operational Waste Management Plan must be submitted to Council. The Waste
           Management Plan must be in accordance with the Waste management Code and
           Planning Scheme Policy 9 - Waste Management.




                                                                                     Page 11 of 12

Page 14

PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                 11 JUNE 2024


    84.   The developer must provide waste storage and disposal facilities in accordance with
          Planning Scheme Policy 9 - Waste Management. The facilities must include an
          impervious area, within the site, correctly sized for all refuse and recycling containers
          and suitably screened from public places and neighbouring properties. A bin wash area
          is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket
          trap. The drain outlet must be designed to prevent storm water entry to the sewerage
          system.
    85.   Refuse containers must be provided in accordance with the requirements of the
          Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
          Regulation 2000, for the storage and collection of refuse.
          Storage, disposal and management of solid, liquid and vegetative waste is conducted
    86.   in a safe and ecologically sustainable manner without environmental nuisance. In this
          regard, vegetated waste must be disposed of via a green waste bin or at a local transfer
          station.




                                                                                  Page 12 of 12

Page 15

PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                     11 JUNE 2024


ATTACHMENT 2 – DEVELOPMENT ASSESSMENT MANAGER’S FURTHER
REPORT

REPORT
A report was presented to Council at the Planning and Environment Committee on 11 July 2023 for
a development application which seeks to develop a 106-room hotel on land within Noosa
Springs.
The report addressed a range of issues including the sites split zoning, the potential odour impacts of
the nearby sewage treatment plant, bushfire risk, ecology, carparking and built form. The
officer’s recommendation was to approve the application on the basis that the odour impacts had
been satisfactorily addressed and matters relating to bushfire, ecology, carparking and built form
had also been suitably addressed.
Three deputations were made at this meeting, the deputations were made by residents of Noosa
Springs, Unitywater and the applicant. Notably, Unitywater advised they were opposed to the
proposed development based on insufficient separation being provided to the existing sewage
treatment plant.
The matter was referred to the General Committee Meeting dated 17 July 2023 at which time a
motion was put forward to refuse the application. The motion was successful, and the application
was recommended for refusal.
On 19 July the applicant stopped the decision-making period until 29 September 2023. As this was
done prior to the Ordinary Meeting of 20 July 2023 Council was not able to finalise a decision on
the application. The decision-making period recommenced on 29 September 2023.
A Further Report was prepared for the Planning and Environment Committee meeting on 7
November 2023, due to the significance of the matter was referred to the General Meeting of 13
November 2023.
At that time the applicant had not amended the layout of the proposed development however
provided several written submissions which included an analysis of the submissions made during
the notification period, a letter from a solicitor reviewing the proposed grounds of refusal, and a
further letter from the applicant’s planning consultant seeking to justify grounds to support the
development.
The officer recommendation remained in support of the application, it was recommended that
condition 13 of the original recommendation, which required guests to be advised of the potential
for odour from the sewage treatment plant, be deleted. At that time, the grounds of refusal proposed at
the General Committee on July 17, 2023, were reviewed by a planning solicitor. Accordingly,
updated grounds of refusal were included in the report.
On 13 November 2023 the applicant made an Other Change to the application to include an
extension to the existing clubhouse. The change was an Other Change as it introduced a new land
use into the application. This meant that the application reverted to the Confirmation Notice stage
and no decision was able to be made on the application at the 13 November 2023 General
Committee Meeting.
The change formalises the changes to the clubhouse that were referred to in the original officer
report, and include the following:
         Minor alterations to the internal configurations of the bar, kitchen, cold room and store
          area (red dotted outline); and
         New liquor cool room, new dry store, new security & procurement office, new wet and
          dry waste areas and new enclosed storage area (shown as yellow shading).
The applicant has advised:


                                                                                         Page 1 of 4

Page 16

PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                      11 JUNE 2024


      The application material states that the proposed 105m² floor area extension to the existing
      clubhouse would be obtained by undertaking a change to the current development approval
      17380DA, which provides for a material change of use for a Country Club including Golf
      Clubhouse, Health Club and Tennis Centre. It was originally intended to change the current
      development approval once the approval for the “Boutique Hotel” was obtained; however, it
      has now been decided to include this component as part of the current application.
      ……..Consequently, the application is now for a development permit for a material change of
      use for the following:
                  • Resort complex comprising 106 units; and
                  • Ancillary Bar and Food and drink outlet; and
                  • Outdoor sport and recreation (4 x tennis courts); and
                  • Club - minor extension to existing clubhouse
The existing clubhouse, to which the proposed extension applies, is located within the Tourist
Accommodation Zone, a Club is an inconsistent use within this zone. Notwithstanding, the existing
clubhouse was approved under approval 17380 DA in 1999 and has occupied the site for an
extended period.
The inclusion of the Club use within the current Material Change of Use application facilitates minor
changes to the layout of the building with minor extensions to the building footprint as detailed in
the following image:




                               Figure 1: Additional Floor Area (yellow)
The proposed additional 105m2 of gross floor area within the existing clubhouse was identified in
the original report to Council. At that time the assessment of plot ratio acknowledged the potential
additional clubhouse gross floor area noting the proposed plot ratio of all buildings, including the
proposed change to the clubhouse, would be significantly below the maximum allowed within the
Tourist Accommodation Zone (15,240m2 permitted with 10,208m2 proposed).
Whilst the modifications to the result in an increase in the use area of the clubhouse this is primarily
related to additional storage area and as such does not generate a need for additional parking,


                                                                                          Page 2 of 4

Page 17

PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                     11 JUNE 2024


noting the traffic consultant has reviewed the proposed car parking and is satisfied that it
adequately meets the needs of the proposed resort.
Accordingly, the officer recommendation remains in support of the application.
CONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers:
     Senior Environment Officer
     Coordinator Development Engineering
Other Referrals
The application was forwarded to the following external experts for review and/or comment:
     Bushfire
     Hydraulic Engineer
     Traffic consultant
     Acoustic consultant
     Odour consultant
CONCLUSION & REASONS FOR DECISION
A report for this application was presented to Council at the Planning and Environment Committee
on 11 July 2023 for an application which seeks to develop a 106-room hotel on land within Noosa
Springs.
The report addressed a range of issues including the sites split zoning, the potential odour impacts of
the nearby sewage treatment plant, bushfire risk, ecology, carparking and built form. The
officer’s recommendation sought to approve the application.
The matter was referred to the General Meeting dated 17 July 2023 at which time a motion was put
forward to refuse the application. The motion was successful, and the application was
recommended to be refused.
On 19 July the applicant stopped the decision-making period until 29 September 2023, as this was
done prior to prior to the Ordinary Meeting of 20 July 2023 Council was not able to finalise a
decision on the application. The decision-making period recommenced on 29 September 2023.
A Further Report was prepared for the Planning and Environment Committee meeting on 7
November 2023, due to the significance of the matter was referred to the General Meeting of 13
November 2023.
At that time the applicant had not amended the layout of the proposed development however
provided several written submissions which included an analysis of the submissions made during
the notification period, a letter from a solicitor reviewing the proposed grounds of refusal, and a
further letter from the applicant’s planning consultant seeking to justify grounds to support the
development.
The officer recommendation remained in support of the application, it was recommended that
condition 13 of the original recommendation, which required guests to be advised of the potential
for odour from the sewage treatment plant, be deleted. At that time, the grounds of refusal proposed at
the General Committee on July 17, 2023, were reviewed by a planning solicitor. Accordingly,
updated grounds of refusal were included in the report.
On 13 November 2023 the applicant made an Other Change to the application to include an
extension to the existing clubhouse. The change was an Other Change as it introduced a new land
                                                                                         Page 3 of 4

Page 18

PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                     11 JUNE 2024


use into the application. This meant that the application reverted to the Confirmation Notice stage
and no decision was able to be made on the application at the 13 November 2023 General
Committee Meeting.
The introduction of the Club use and the associated amendments to the existing clubhouse raise
no concerns on the basis the clubhouse use was approved in 1999, the proposed changes do not
exceed the permissible plot ratio and adequate car parking is providing on site noting that the
increased use area primarily relates to additional storage.
 The officer’s recommendation remains in support of the development, it is recommended the
condition requiring guests to be advised of the potential for odour from the sewage treatment plant,
be deleted.

Departments consulted:

     Office of the CEO, Mayor &               Community Services          Corporate Services
             Councillors
     Mayor & Councillors                   Director                    Director
     Chief Executive Officer               Community Development       Financial Services
     Executive Officers                    Sport & Active Lifestyles   Fleet
     Community Engagement                  Arts & Culture              Revenue Services
     People & Culture                      Community Connection        ICT
     Governance                            Customer Experience         Procurement
                                                                       Commercial Property
      Strategy & Environment               Development & Regulation     Infrastructure Services
     Director                          X   Director                    Director
 X   Strategic Land Use Planning       X   Development Assessment      Infrastructure Planning, Design
                                                                       and Delivery

     Economic     Development      &       Local Laws                  Civil and Asset operations
     Destination Management
     Environmental Services                Environmental Health        Waste
     Innovation & Digital Hub              Building & Plumbing         Building & Facilities
                                           Property / Permits          Disaster Management




                                                                                          Page 4 of 4

Page 19

          ATTACHMENT 3 - (MCU21/0110) - OFFICER REPORT (11 JULY 2020)
            PLANNING & ENVIRONMENT COMMITTEE MEETING                                             11 JULY 2023


             5.1     MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - BAR, FOOD, AND
                     DRINK OUTLET, OUTDOOR SPORT AND RECREATION, RESORT COMPLEX AT 61
                     NOOSA SPRINGS DRIVE, NOOSA HEADS


             Author                     Development Assessment Manager, Patrick Murphy
                                        Development & Regulation Department
             Index                      Application / MCU21/0110
             Attachments                1.   ATTACHMENT 1 - MCU21 0110 - PROPOSED CONDITIONS
                                        2.   ATTACHMENT 2 - MCU21 0110 - MANAGER DEVELOPMENT
                                             ASSESSMENT REPORT
                                        3.   ATTACHMENT 3 - MCU21 0110 - PROPOSAL PLANS




            EXECUTIVE SUMMARY
            The application seeks to develop a 106 room hotel on land within Noosa Springs, the hotel is to
            operate as an integrated development utilising the existing facilities at Noosa Springs Golf and Spa
            Resort.

            The site is split zoned, with both the Tourist Accommodation Zone and the Recreation and Open
            Space Zone applying to the site. The application of split zoning to the site was in response to the
            need for an odour buffer between future development and the nearby sewage treatment plant
            (STP). Supporting documentation has assessed the odour impacts of the STP to determine the
            appropriate building footprint and associated outdoor recreation areas. This material has been
            reviewed and supported by Council’s consulting odour expert with conditions recommended to
            address use of outdoor areas and ventilation of the building at its interface with the accepted odour
            limit. The built form has been sited within the determined footprint with some outdoor dining and
            recreational facilities proposed to be located outside of this area.

            The proposed built form is consistent with the prevailing built form within Noosa Springs and
            compliments the golf clubhouse and spa facilities which are located nearby. The building exceeds the
            height limit in limited areas due to the topography of the site and the large footprint which is
            anticipated in buildings providing resort accommodation.

            The built form extends over both zones with the extent of site cover not exceeding the combined
            amount permitted within the Tourist Accommodation Zone and Recreation and Open Space Zone.
            The extent of plot ratio over the whole site does not exceed the amount permitted under the Tourist
            Accommodation Zone.

            The application has also demonstrated compliance with the carparking, bushfire, and water
            quality/quantity requirements of the Noosa Plan whilst variations to setbacks are supported.

            The application is recommended for approval subject to conditions.
            RECOMMENDATION
            That Council note the report by the Acting Development Assessment Manager to the Planning &
            Environment Committee Meeting dated 9 My 2023 regarding MCU21/0110 development permit for
            material change of use for resort complex (106 rooms), food and drink outlet, bar and outdoor sport
            and recreation at Links Drive, Noosa Heads and:




Document
Document Set
           Set ID:
               ID: 22048375
                   22048375
Version: 34,
Version: 32, Version
             Version Date:
                     Date: 24/10/2023
                           05/07/2023

Page 20

PLANNING & ENVIRONMENT COMMITTEE MEETING                                             11 JULY 2023


A. Approve the application in accordance with the proposed conditions detailed in Attachment 1.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C. Find the following relevant to the assessment and sufficient reason to approve the application:
   1. The current mapped Recreation and Open Zone, was a consequence of it not being
      adequately demonstrated, at the time it was created, that further encroachment would not
      result in amenity impacts on guests of a resort. The current application has reviewed the
      potential for odour impacts of the nearby sewage treatment plant and has identified an
      accurate and appropriate area for the development footprint to be located.

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