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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
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
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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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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 11 JUNE 2024
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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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 11 JUNE 2024
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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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 11 JUNE 2024
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.
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 11 JUNE 2024
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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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 11 JUNE 2024
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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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
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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.
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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.
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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:
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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,
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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
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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
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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.