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2015-07-21 Planning & Organisation Committee Agenda
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AGENDA
Planning & Organisation
Committee Meeting
Tuesday, 21 July 2015
commencing at 1.30pm
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Joe Jurisevic (Chair), Noel Playford, Tony Wellington, Frank Wilkie
“Engagement with our community to protect and enhance our lifestyle”
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Full text of sections 2 to 91 (of 140)
Section 2
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS 3
DA Planning & Environment 3
1 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR AN
ENTERTAINMENT & DINING BUSINESS - TYPE 1 FOOD & BEVERAGES AT 2/18
DUKE STREET SUNSHINE BEACH (MCU15/0029) 3
2 FURTHER REPORT - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE
OF USE FOR A MIXED USE DEVELOPMENT (SERVICE STATION, SHOP, FAST
FOOD RESTAURANT, CAR WASH, SELF STORAGE FACILITY AND TOURIST
PARK AT 125 MYALL STREET COOROY (MCU14/0056) 16
3 REQUEST TO CHANGE EXISTING DEVELOPMENT APPROVAL FOR A
MATERIAL CHANGE OF USE FOR INDUSTRIAL BUSINESS TYPE 1
WAREHOUSE (SELF STORAGE FACILITY) & OPERATIONAL WORKS SIGNAGE
AT 64-66 RENE STREET, NOOSAVILLE (MCU14/0049.01) 22
4 APPLICATION FOR MATERIAL CHANGE OF USE FOR SHOPS AND OFFICES
SITUATED AT 2 EMERALD STREET, COOROY - MCU14/0091 31
5 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A
SERVICE AND UTILITY TYPE 3 (TOWER) AT 249 SCHREIBERS ROAD,
COORAN (MCU15/0034) 50
6 PROPOSED KOALA OFFSET PLANTING ASSOCIATED WITH BRUCE HIGHWAY
UPGRADE 63
7 NOOSA KOALA CONSERVATION POLICY 69
8 WALLACE PARK FLYING FOXES 81
Strategic Land Use Planning 85
9 PROPOSED PLANNING SCHEME AMENDMENTS 85
CORPORATE SERVICES DEPARTMENT REPORTS 100
10 CORPORATE SERVICES DEPARTMENT UPDATE - 4TH QUARTER 2014-15 103
Finance 107
11 INTERIM FINANCIAL PERFORMANCE REPORT - JUNE 2015 107
12 AMENDMENT TO 2015-16 GENERAL COST RECOVERY AND COMMERCIAL
FEES AND CHARGES SCHEDULES 118
Property and Facilities 121
13 PROPOSED TENURE RENEWALS - COMMUNITY ORGANISATIONS 121
EXECUTIVE OFFICE REPORTS 124
14 EXTENDED TRADING HOURS 124
15 EXECUTIVE DEPARTMENT UPDATE - 4TH QUARTER 2014-15 127
Governance 133
16 COUNCIL POLICY REVIEW UPDATE 133
CLOSED SESSION 135
17 ENVIRONMENT LEVY - OFFER
TO PURCHASE LAND 135
Page 2 of 140
Section 3
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS
(Planning & Development Sections only)
DA Planning & Environment
1 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR AN
ENTERTAINMENT & DINING BUSINESS - TYPE 1 FOOD & BEVERAGES AT 2/18
DUKE STREET SUNSHINE BEACH (MCU15/0029)
DOCUMENT INFORM AT ION
Author Coordinator Planning, Denis Wallace
Planning & Infrastructure Department
Index ECM/ Application/ MCU15/0029
Attachments 1. Proposal Plan
APPLICATION DETAILS
Applicant Raveside Pty Ltd Tte
C/- RG Strategic
Proposal Entertainment & Dining Business Type 1 - Food & Beverages
Properly Made Date 20 April 2015
Information Request Date 30 April 2015
Information Response Date 28 May 2015
Decision Due Date 19 August 2015
Number of Submissions 41
PROPERTY DETAILS
Property Address Common Property & Unit 2, 18 Duke Street Sunshine Beach Qld 4567
RP Description Lots 0 & 2 BUP 105943
2
Land Area 28m (Lot 2)
2
4.2m (Common Property)
Existing Use of Land Offices
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Eastern Beaches
Zone Visitor Mixed Use
Assessment Type Impact
Page 3 of 140
Section 4
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 21 July 2015 regarding Application No. MCU15/0029 for a
Development Permit for Entertainment & Dining Business Type 1 - Food & Beverages situated at
Common Property & Unit 2, 18 Duke Street Sunshine Beach and approve the application in
accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior
to the use commencing, and then compliance maintained at all times while the use
continues.
Approved Plan
2. Development undertaken in accordance with this approval must generally comply with the
approved plan of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
- - Site Plan drawn by Linda McDougall for RG Strategic 03/04/15
Nature and Extent of Approved Use
3. The approved use must not operate outside the hours of 6am to 10pm Monday to Sunday.
4. Service vehicle movements associated with the approved use (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.
5. The outdoor dining area within the site must not exceed 5m2.
6. No structure or use area within the road reserve is approved or implied by this development
permit, with a separate permit process applicable.
Noise
7. External speakers or amplified music are not permitted.
8. Amplified music must not be audible outside the building before 7.00am or after 7.30pm.
9. Prior to the commencement of the use the operator must submit and obtain Council
approval of a Noise Management Plan for the site, addressing the following development
aspects (as a minimum) in order to minimise noise from the development:
9.1. Fitout design to minimise internal noise reverberation and patron noise;
9.2. Use of outdoor dining areas
9.3. Patron management and responsible service of alcohol
9.4. Refuse management
9.5. Opening and closing procedures
10. The use shall operate in accordance with the approved Noise Management Plan.
11. Noise emission from the use shall not exceed Maximum Background + 5dB(A) between the
hours of 7.30pm to 10pm. Where Council reasonably believes the noise limit has been
exceeded, noise monitoring must undertaken by a suitably qualified acoustic engineer and
provided to Council to demonstrate compliance with the noise limit.
Page 4 of 140
Section 5
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
12. Noise emission from any new mechanical equipment associated with the use shall comply
with the following requirements:
12.1. Air-conditioning and Refrigeration
7am to 10pm: Maximum Background + 5dB(A)
10pm to 7am: Maximum Background + 3dB(A)
13. Submission of written certification from a suitably qualified person confirming that the noise
levels from any new mechanical equipment comply when measured at either the residential
boundary or outside the most exposed part of an affected building, whichever is the closest
to the equipment.
The assessment and certification is required immediately after installation of the equipment
and prior to any occupation of the building, and in a format approved by Council. All
equipment should be operating at the same time to test the overall noise level created.
Advice: It is highly recommended that the person you engage to certify the installation is
involved at the plan development stage so they can recommend where this equipment is
best located. They can also advise about noise enclosures and can make other
suggestions to avoid noise problems. It is a lot more costly to try and deal with noise
problems after everything is built.
Refuse
14. 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.
Landscaping
15. Landscaping upgrades shall be undertaken to the frontage areas generally in accordance
with the submitted plan titled “Landscaping Plan” drawn by Lynda McDougall for RG
Strategic dated 15/04/15.
Advisory Notes
Disabled Access
1. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in
addition to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
2. Prior to the commencement of the use, please contact Council's Development Audit &
Response Unit to arrange a Development Compliance Inspection.
Food Premises
3. Where any food premise is included in this development, the following is required:
a. Plans and application is to be made to Council’s Waste and Environmental Health
Section for approval prior to any building approval, fitting out or use of the premises.
b. A statement indicating the purpose of the food premises, type of food sold, proposed
menu and maximum number of patrons at any time, is to accompany the application
for plan approval.
Page 5 of 140
Section 6
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
c. Construction of the food premises must comply with the Toolbox Fit-out Guide and
the Food Safety Standards (both available from Council or
www.lgtoolbox.qld.gov.au).
d. Toilets for customers and staff to be provided in accordance with Building Code of
Australia. Obtain advice from a building certifier on numbers and standards,
including disabled access.
e. Plans and approval is required for any mechanical exhaust ventilation system, which
should comply with AS1668. A certificate from the installer certifying the system
complies with the Standard must be obtained and lodged with Council prior to
commencement of trade.
f. Any licensable food business as defined in Chapter 3 of the Food Act 2006, must
obtain a licence from Council prior to use of those premises.
Environmental Protection
4. The development should be undertaken in a manner that causes no unlawful
environmental nuisance under the Environmental Protection Act 1994 by the creation of
excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other
releases to the environment.
5. In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint,
cement, concrete, builder’s waste or other prescribed contaminants should not to be
released to or be placed where it could reasonably be expected to move into a roadside
gutter, storm water drain or a watercourse. On the spot fines apply for such offences.
REPORT
1. PROPOSAL
The application seeks approval to convert an existing office tenancy and adjacent common
property area to a licenced café/restaurant. The building is a 2-storey office building divided into
4 tenancies. The new café/restaurant is proposed in a small downstairs tenancy of 38m 2, though
only 28m2 will be occupied by the new use, with an existing Optus data exchange continuing to
occupy 10m2. Outdoor use areas are also proposed with further seating areas proposed within
the common property area of the building (4.2m2) and footpath dining areas (9.8m2). The
footpath areas (within road reserve) do not form part of this application and will require a
separate permit issued through Council’s property unit.
The applicant indicates a total net use area for patrons of approximately 20m2 within the site
under this development application and suggests a likely patronage of up to 24 persons. Trading
hours originally sought were 6.00am – 10.00pm Sunday to Thursday and 6.00am – 12.00pm
Friday to Saturday, however, during the assessment the applicant advised it would accept a
10.00pm trading curfew to address noise impacts.
No new carparks or significant external works are proposed. The proposal plan is included as
Attachment 1 and an extract is shown in Figure 1 below. Figure 2 shows a photograph of the
existing premises and outdoor decks and seating to be used.
Page 6 of 140
Section 7
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Figure 1 – Proposal Plan Extract (Note - property boundary shown dashed)
Figure 2 – Existing Premises and Outdoor Area
Page 7 of 140
Section 8
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
2. SITE DETAILS
2.1. Background
A development permit for 4 commercial office tenancies on the site was approved by Council in
1996 (3B-447). Four on site parking spaces were provided with the development and a cash
contribution was paid in lieu of 2 further spaces.
The tenancy has recently operated as a gallery and a coffee shop (Bean Drop/Droplet Cafe)
without planning approval. Complaints were received about the unapproved café and its patrons’
use of adjoining toilets in late 2014 and the use ceased in January 2015.
Pre-lodgement discussions were held with the applicant about this application, with noise
highlighted as the primary assessment issue.
2.2. Site Description & Surrounding Uses
The corner site slopes gently down to the east along the Duke Street frontage. The existing
development is a 2 storey office building with 4 tenancies. Garden beds and outdoor terrace
areas are located in front of the subject tenancy.
The site is adjacent to multiple dwellings within the Attached Housing and Semi-Attached
Housing zones to the southwest, northeast and north. Some individual houses still remain on
some lots within these zones. Dolphins backpacker hostel is located over multiple lots across
Douglas Street to the northwest.
Figure 3 – Aerial Photograph & Zonings
Page 8 of 140
Section 9
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policy
The change of use does not trigger separate assessment against the State Planning Policy.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the urban footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies and regulatory provisions of the SEQ Regional Plan.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Eastern Beaches Locality and is zoned Visitor Mixed Use Zone.
The proposed entertainment and dining use is identified as consistent use within the zone and is
required to follow an impact assessable application process.
Locality Provisions
The Eastern Beaches Locality Code states the following Overall Outcomes sought for the locality
overall and for the Visitor Mixed Use Zone:
7.8.2 (a) New uses and works are located, designed and managed to—
i. be compatible with other uses and works;
ii. maintain the safety of people and works;
iii. avoid significant adverse impacts on the amenity enjoyed by users of other
premises, including acoustic and visual qualities;
iv. avoid significant adverse impacts on the natural environment, including native
habitat removal, fragmentation and attrition; and
v. protect the natural beach experience and overall visual amenity for beach
users;
7.8.2 (c) The Eastern Beaches Locality retains its primary role as a residential area, though
continues to provide some visitor accommodation and a range of local retail and
commercial functions at Sunshine Beach, Sunrise Beach and Peregian Beach;
Page 9 of 140
Section 10
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
7.8.2(m) For Sunshine Beach—
…
v the Sunshine Beach neighbourhood centre, zoned Visitor Mixed Use on Map
ZM4, is characterised by mixed-use development that encourages an active
street front; and
vi the high quality building design within the Sunshine Beach neighbourhood
centre, with its variation and separation of building forms, contributes to the
casual beachside character and provides a popular meeting place for
residents and visitors;
7.8.2(u) For the Visitor Mixed Use Zone— Business Uses are integrated with Multiple
housing, where development—
i typically provides for local Business Uses on the ground floor that promote
an active street front;
ii provides Business Uses that directly service visitors and residents in the
local area;
iii contributes to the economy of Noosa through tourism and hospitality; and
iv has a scale and bulk consistent with surrounding residential development;
The proposed use broadly aligns with these outcomes and the type of development anticipated
for the Visitor Mixed Use zone. The business will add to the mix of entertainment and dining
businesses in Sunshine Beach and venue for locals and visitors. Since the use is consistent
within the zone, The Noosa Plan provisions indicate it can be supported, provided the applicant
demonstrates it will not cause undue impacts on the residential amenity of the area.
The proposal introduces some unique amenity considerations because it is the first licenced
premises proposed at the south-western end of the neighbourhood centre (i.e toward the
Douglas Street corner of Duke Street). The site is adjacent a number of houses and unit
buildings, which are accustomed to low levels of noise from the existing commercial uses at that
end of the Duke Street neighbourhood centre, with these comprising offices, hairdresser and a
daytime café (Costa Noosa). Residents’ concerns with potential noise impacts have been
reflected by the number of public submissions objecting to the development. As such, noise
associated with a new licenced premises in this location forms the critical assessment issue.
Noise
Following a Council request for further information, the applicant provided an Acoustic
Assessment prepared by Road Pro Acoustics, which identifies the following potential noise
sources:
o Vocalisations from patrons, particularly in the outdoor areas;
o Music;
o Waste disposal from the kitchen to the bins at the rear of the site;
o Vehicles at the rear of the site; and
o General operational sounds e.g. roller doors being opened and closed, kitchen, sounds
associated with dining such as cutlery, plates and glasses making contact with each other
or another hard object, chairs moving etc.
The report states the proponent will seek a “subsidiary on-premises” liquor licence to allow for
alcohol consumption in association with meals. It adopts peak noise limits (at receptors) as
identified by the Liquor Regulation 2000 for hospitality venues, being:
o Between 6.00am and 10.00pm – LA10, adj ≤ background level LA90 + 10dB(A)
o Between 10.00pm and 6.00am - LA10, adj ≤ background level LA90 + 5dB(A)
Page 10 of 140
Section 11
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Adoption of liquor licencing noise criteria provides a practical approach because State Office of
Liquor and Gaming Regulation (OLGR) officers are best equipped to monitor and enforce noise
limits of licenced premises. However, it is important to note Liquor Regulation limits represent
relatively audible noise levels above background and are applied to venues in entertainment
precincts, city CBD’s, and the like. As such, Council may find those limits unsuitable to protect
residential amenity in this location.
The applicant’s acoustic assessment provides only a desktop analysis and has not undertaken
monitoring of background noise levels or noise generation by similar businesses. It assumes
background levels and adopts corresponding peak noise criteria, as follows:
Figure 3 – Background Noise Levels and Criteria
The assumed evening and night-time background levels of 40dB(A) and 35dB(A) are considered
reasonably conservative and appropriate for the location. They correlate with quiet suburban
settings without significant traffic noise or allowances for wind/surf noises that occur intermittently
in Sunshine Beach.
The assessment makes the following key findings:
o Patron noise is likely to be the dominant noise source
o Some operational aspects of the business, such as rubbish disposal and use of roller
doors, have potential for noise nuisance and should be managed
o Since the fitout of the premises is yet to be undertaken, design elements to minimise
internal noise reverberation (and corresponding patron noise and noise spill) should be
considered
The applicant’s consultant estimates a peak patron noise generation of 45dB(A), complying with
the applicant’s adopted noise criteria up to 10pm only. Critically, the noise assessment finds:
after 10.00pm, noise from patrons could potentially exceed the criterion for that time and doesn’t
identify any practical means of attenuating or managing patron noise after this time. Council’s
Environmental Health Officer reviewed the assessment and agrees noise generation after 10pm
is a primary concern. The issue was raised with the applicant who confirmed in writing it has no
objection to a 10pm limit on trading.
In regard to patron noise in the evening prior to 10pm, the predicted peak noise generation of
45dB(A) correlates to the estimated background level +5dB(A), which is consistent with standard
Council limits for residential areas. Importantly, the noise assessment includes outdoor areas
both within the site and on the adjacent footpath reserve. Should the evening operation be found
to cause undue noise Council would have the option to rescind any temporary footpath dining
permit it issues.
While noise presents the primary risk and assessment issue for the application, it is considered
that the new small venue can be supported, provided suitable noise conditions are applied to its
operation. Detailed conditions are included in the recommendation to address the following:
o No trading after 10pm
o No external speakers or amplified music
o No amplified music to be audible outside the building after 7.30pm
Page 11 of 140
Section 12
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
o Preparation of a Noise Management Plan addressing design and operation issues.
o Noise limit of Maximum Background + 5dB(A) between 7.30pm to 10pm.
Land Use & Works Provisions
The following further codes which regulate land use and design are applicable to this application:
Business Uses Code
Driveways & Carparking Code
The application has been assessed against each and the pertinent issues arising out of the
assessments are discussed below:
Code Discussion
Business Uses Code The code reiterates the need for new uses to avoid noise impacts on the
surrounding area, as discussed above. Further conditions are recommended
to address screening of any new mechanical equipment.
Driveways & Carparking Existing on-site parking for the office premises are limited, however, the new
Code use meets scheme requirements of the code, as follows:
2 2
Existing Office = 38m x 1space/20m = 2 spaces
2 2
Proposal = 19.5m on site net use area x 1space/10m = 2 spaces
It is also noted a development contribution in lieu of 2 spaces not provided on
site was previously paid for the site, with that contributing toward public
parking and transport facilities the area.
4. CONSULTATION
4.1. IDAS Referral Agencies
Nil.
4.2. Other Referrals
The application was forwarded to Council’s Environmental Health Officer, whose comments form
part of this report.
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. 41 properly made submissions were received of which 19 were objections
and 22 were in support. The following table provides a summary and assessment of the issues
raised by submitters.
Page 12 of 140
Section 13
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Issues Comments
Objections
Patrons will cause noise nuisance to It is agreed the use has potential to cause noise nuisance, with
surrounding residential and visitor detailed assessment of the issue provided in this report. The
accommodation properties. applicant has agreed to reduce trading hours to 10pm and a
Late night trading on Friday and Saturday number of conditions are recommended to further reduce the
is particularly concerning. risk of noise.
Daytime and early evening trading is An 8pm limit on trading is not considered reasonable, with the
supported but not beyond 8pm. amended proposal of a 10pm close, subject to further noise
and trading conditions, considered a balanced outcome.
More people drinking in the area will There are a number of existing licenced premises in the area,
exacerbate problems with inebriated including the large surf club, with some trading to midnight.
people on the streets late at night. The new small venue should not cause significant new impacts
relating to unruly behaviour and small venues are commonly
linked to improved responsible drinking outcomes.
There is a general shortage of parking in Existing parking provision for the site meets the code
the area and the site will provide requirements for the proposal. Dining areas within the footpath
inadequate spaces. reserve do not form part of the application and are not subject
to parking requirements but would be assessed on merit prior
to issue of a temporary permit.
Application appears to be for a bar, not a The applicant has agreed to reduced trading hours and will be
restaurant, given the hours. subject to further development conditions and liquor licencing
requirements.
Food and delivery trucks will arrive at all The number of deliveries to the small premises should be
hours. limited and conditions are recommended to address noise
impacts.
The restaurants in Sunshine Beach The Visitor Mixed Use zone applies to the site and includes the
should be kept in one area not spread out. lots between Duke Street and Douglas Lane. The Noosa Plan
identifies the area as Sunshine Beach’s neighbourhood area
and encourages restaurant/café uses in this location, subject to
impact assessment.
The venue has been subject to “pop up” The applicant acknowledges that a previous unrelated tenant
events in the past with up to 60 people caused nuisance with its events and the noise assessment has
and caused considerable nuisance. sought to address these issues through conditions to control
the use.
Conversion from an office will set a The Noosa Plan allows for entertainment and dining uses
precedent and result in an influx of similar within the zone, subject to impact assessments.
businesses at this end of the
neighbourhood centre.
Property values in the area will drop if the Property values are not a planning matter.
development is approved. The assessment seeks to ensure that residential amenity is
protected.
Support
The use is low impact, suitable for the Noted.
setting, and in keeping with the village
atmosphere.
Will compliment and support existing Noted
businesses in the area.
Will create more jobs in the area. Noted.
The operator is a professional, well Not a planning matter.
respected member of the community and
will enhance the precinct.
Lack of existing places to get a good Noted.
value lunch / take away in Sunshine
Beach.
Page 13 of 140
Section 14
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
5. CONCLUSION
The application for a new small licenced café/restaurant premises at the south-western end of
the Duke Street neighbourhood centre raises some concerns with potential noise generation.
The use is consistent within the site’s Visitor Mixed Use zone, however, surrounding residents
are accustomed to low-noise generating uses from existing commercial premises. Residents’
concerns are reflected by a number of objections received during the application’s public
notification period.
Noise formed the primary focus of the assessment, with the applicant’s acoustic report finding
that patron noise is only likely to meet acceptable limits prior to 10pm. The applicant advised
during the assessment that it would accept a 10pm limit on trading. In addition, the footpath
trading area that forms the majority of the proposed outdoor dining area is not the subject of this
application and will be subject to a temporary permit only. Council will have the option to rescind
any permit for this area. Some patron noise risk remains prior to 10pm but it is considered that
the use can be conditioned to appropriately manage that risk. The application is recommended
for approval, subject to conditions.
Departments/Sections Consulted:
X Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
X Waste & Environmental Health X DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 14 of 140
Section 15
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Page 15 of 140
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_Section 16
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
2 FURTHER REPORT - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF
USE FOR A MIXED USE DEVELOPMENT (SERVICE STATION, SHOP, FAST FOOD
RESTAURANT, CAR WASH, SELF STORAGE FACILITY AND TOURIST PARK AT 125
MYALL STREET COOROY (MCU14/0056)
DOCUMENT INFORM AT ION
Author Denis Wallace, Coordinator Planning
Planning & Infrastructure Department
Index ECM/ Application/ MCU14/0056
Attachments 1. Amended Proposal Plan
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 21 July 2015 and refuse Application No. MCU14/0056 for a
Development Permit for Material Change of Premises for a Mixed Use Development comprising:
Retail Business Type 5 - Vehicle Uses (Service Station & Car Wash), Entertainment & Dining
Business Type 1 - Food & Beverages (Fast Food Restaurant), Retail Business Type 2 – Shop
(Convenience Retail), Industrial Business Type 1 – Warehouse (Self-Storage Facility), Visitor
Accommodation Type 2 - Caravan Park (Tourist Park), situated at 125 Myall St, Cooroy for the
following reasons:
1. The development raises significant conflicts with The Noosa Plan and its land use intent for
the rural zone and water supply catchment area.
2. The development represents a substantial expansion of Cooroy’s commercial precincts that
will further disperse and fragment its business centre, which is undesirable.
3. The development will compound existing traffic problems at the Myall Street & Elm Street
intersection, which is undesirable.
4. The applicant has not demonstrated sufficient grounds exist to overcome the
development’s conflicts with The Noosa Plan, with only low to moderate overall need
apparent for the development.
REPORT
A report on an application for a mixed use development at 125 Myall Street, Cooroy was included
on the Planning & Organisation Committee meeting agenda dated 28 April 2015 (Item 3, Page 8)
and was considered by the General Committee on 4 May 2015. At its Ordinary Meeting of 7 May
2015 Council resolved to defer consideration of the application to a future meeting, with
discussion at the General Committee indicating a deferral would allow staff to hold further
discussions with the applicant about the proposal.
Following the deferral, staff conducted a site inspection and discussions with Councillors to seek
their views on the development and met separately with the applicant to convey the primary
issues raised by Councillors. The primary issues raised with the applicant were:
Broad recognition of the need for a tourist park;
A preference for the tourist park to be repositioned away from the highway toward the Myall
Street frontage for improved amenity and increased visibility;
Need for an increased riparian buffer to the creek within the site;
Consideration of the need for a roundabout at the entrance to the site; and
Concern with the large undeveloped portions of the site likely to result in further
development.
Page 16 of 140
Section 17
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Staff also expressed concern with the water supply catchment and need issues raised in the
assessment report.
On 29 June 2015 the applicant provided an amended proposal plan and some brief commentary
regarding the issues. The applicant also agreed to extend the decision period to 9 August 2015
to allow Council further time for its assessment. The amended plan included as Attachment 1
provides an increased riparian buffer but otherwise generally maintains the previous components
and layout of the development. Discussion of the issues raised with the applicant is provided
below.
Riparian Buffer
The proposal plan has been amended to provide a 30m buffer from the top of the creek bank
running through the south-western portion of the site. Water treatment bio-basins have been
removed from the buffer area, with the exception of a small basin required to treat runoff from the
Myall Street road widening. Conditions could be applied in relation to the location or design of
this basin.
A 30m buffer was identified by Council’s Environment Officer as the minimum width suitable to
protect the creek’s habitat value and allow for rehabilitation. The buffer represents a compromise
between the 10m buffer originally proposed and the 75m+ sought by the Biodiversity Overlay
Code. The creek’s location adjacent to the highway and modified upstream and downstream
conditions were noted in the original assessment and the amended buffer is considered
acceptable.
Tourist Park Amenity
In regard to the acoustic amenity and position of the tourist park component, the applicant
responded:
The previously submitted Acoustic report by MRG Environmental (18/01/2015) assesses the
impacts of road traffic and internal operational noise on the proposed Tourist Park. The report
concludes that with the provision of acoustic barriers and treatment of facades to the cabins in
accordance with accepted standards (MP4.4), road traffic noise is mitigated to achieve the
nominated noise level criteria. Similarly, commercial noise impacts are mitigated so as to achieve
nominated noise level criteria by incorporating design elements and management of on-site
operations. The Acoustic Report can be reasonably included by Council as part of any approval
documents with compliance with the conclusions contained in the report conditioned accordingly.
The Department of Transport and Main Roads who administer noise impacts from State
controlled roads, have considered the application and the submitted acoustic report and have
provided their approval (24/02/2015) inclusive of conditions. We therefore believe the
development as proposed and with the measures contained within the acoustic report ought to
be supported by the Council.
No changes to the tourist park layout are proposed. During the discussions the applicant
acknowledged the cabins will require a number of acoustic attenuation measures and the tourist
park would experience highway noise but the applicant felt this is commensurate with the site’s
location and reasonably expected by visitors.
Page 17 of 140
Section 18
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Myall Street Entrance
The applicant maintains its Myall Street entrance design in accordance with its submitted traffic
report and does not share the view of Council’s consultant traffic engineer that a roundabout
entrance is required. The applicant’s response states:
The previously submitted Traffic Report by Pekol Traffic and Transport (15/01/2015) assessed,
amongst other matters, the intended access to the development. It is proposed to provide a
single point of vehicular access to the site from Myall Street. The site access would be an all-
movement intersection and includes provision for a left turn auxiliary deceleration lane and a
channelized right turn treatment. Within the assessment of this access arrangement, the report
states that “the Myall Street site access intersection is expected to experience ‘excellent’
operations during all periods.”. The Department of Transport and Main Roads who control this
section of Myall St, reviewed the traffic report and provided their approval (24/02/2015) inclusive
of conditions. We therefore believe that the access arrangement proposed ought to be supported
by the Council.
Council’s consultant traffic engineer, Colin Beard, maintains his view that should the
development be approved as proposed and background traffic growth exceeds that assumed by
the applicant, traffic conflicts will occur at the Myall Street access - initially with vehicles exiting
the site and later with those entering the site. In Mr Beard’s opinion, the conflicts would require
future median and turn exclusion works but these are inappropriate for a development of this type
and a roundabout is reasonably required.
Undeveloped Balanced Lands
In regard to the extent of undeveloped balanced land resulting from the proposal, the applicant
responded:
Creekgold Pty Ltd, the applicant and owner of the site has no plans for development on the
balance of the site not currently shown for development. Whilst a motel was considered as a
possibility to the south of the entry from Myall St, it was not progressed with after the client
received advice on the current economic viability of both a tourist park and motel on the
site. Further, the application originally submitted to the Council included that part of site to the
north of the service centre building as part of the larger retail shop component. In response to
Item 4 within the Council’s information request, the size of the retail component was reduced
from 1144m2 to 190m2 with a subsequent reduction in the development footprint at the northern
part of the site next to Ferrell’s Rd. Any approval will limit development to that shown on the
approved Site layout plan. Development beyond that approved will require a new application to
be submitted to Council. Importantly, there is “no change in zoning” given effect by approval of
the current application. The land will remain zoned Rural. Any future application (should it ever
be considered) will be considered on its merits against provisions of the planning scheme in force
at that time.
By way of information - the applicant/owner is now the registered owner of land at 5 Garnet St,
Cooroy (the Wimmers site). The applicant / owner is proceeding with the preparation of a
development application over that site for a retail facility of approx. 1225m2.
The original assessment report acknowledged Council is unable to assess the impacts of future
development, however, it highlighted that approval of the development would reduce the degree
to which the site can be considered rural or non-urban in future. As such, staff concerns with
urban form and traffic impacts remain unchanged.
Water Supply Catchment Area
The increased buffer somewhat reduces concerns with development within the Water Supply
Catchment area by improving runoff water quality outcomes. However, the broad planning
issues raised in the original assessment report relating to The Noosa Plan’s precautionary
approach to development in the catchment remain generally unchanged. The applicant has not
demonstrated an overriding benefit to the community from the development. There is no urgent
need for the uses generally proposed, apart from some need for the tourist park.
Page 18 of 140
Section 19
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Conclusion
The amended proposal plan now provides an adequate buffer between the development and the
creekline. This area can be rehabilitated with plantings to improve habitat values and improve
water quality for runoff from the site. The original assessment report identified the riparian issue
in the reasons for refusal but that reason no longer applies.
The development is otherwise unchanged and the concerns raised in the original assessment
report remain. The staff recommendation for refusal is maintained, however, the amended
recommendation removes the 4th reason from the previous recommendation relating to the
riparian buffer.
Previous Recommendation
Planning & Organisation Committee Report, 28 April 2015
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 28 April 2015 and refuse Application No. MCU14/0056 for a
Development Permit for Material Change of Premises for a Mixed Use Development comprising:
Retail Business Type 5 - Vehicle Uses (Service Station & Car Wash), Entertainment & Dining
Business Type 1 - Food & Beverages (Fast Food Restaurant), Retail Business Type 2 – Shop
(Convenience Retail), Industrial Business Type 1 – Warehouse (Self-Storage Facility), Visitor
Accommodation Type 2 - Caravan Park (Tourist Park), situated at 125 Myall St, Cooroy for the
following reasons:
1. The development raises significant conflicts with The Noosa Plan and its land use intent for
the rural zone and water supply catchment area.
2. The development represents a substantial expansion of Cooroy’s commercial precincts that
will further disperse and fragment its business centre, which is undesirable.
3. The development will compound existing traffic problems at the Myall Street & Elm Street
intersection, which is undesirable.
4. The development is partly proposed within a mapped riparian buffer area on the site, with
insufficient basis provided to justify a reduced buffer.
5. The applicant has not demonstrated sufficient grounds exist to overcome the
development’s conflicts with The Noosa Plan, with only low to moderate overall need
apparent for the development.
Previous Council Resolution
Ordinary Meeting, 7 May 2015, Item 3, Page 6
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 28 April 2015 and defer consideration of Application No. MCU 14/0056
for a Mixed Use Development at 125 Myall Street, Cooroy to a future Council Meeting.
Page 19 of 140
Section 20
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Consultation
External Consultation - Community & Stakeholder
Further comment was sought from Council’s consultant traffic engineer.
Internal Consultation
Discussions were held with Councillors, as noted in the report.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health X DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 20 of 140
Section 21
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA ATTACHMENT
21 JULY 2015 1
Page 21 of 140
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14004-DA02 G —_Section 22
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
3 REQUEST TO CHANGE EXISTING DEVELOPMENT APPROVAL FOR A MATERIAL
CHANGE OF USE FOR INDUSTRIAL BUSINESS TYPE 1 WAREHOUSE (SELF
STORAGE FACILITY) & OPERATIONAL WORKS SIGNAGE AT 64-66 RENE STREET,
NOOSAVILLE (MCU14/0049.01)
DOCUMENT INFORM AT ION
Author Coordinator Planning, Denis Wallace
Planning & Infrastructure Department
Index ECM/Application/MCU14/0049.01
Attachments 1. Fire Truck Manoeuvring Plan
APPLICATION DETAILS
Applicant Sharpe Enterprises Pty Ltd
Proposal Material Change of Use of Premises – Industrial Business Type 1 –
Warehouse (Self Storage)
Properly Made Date 30 June 2015
Decision Due Date 11 August 2015
Number of Submissions Not Applicable
PROPERTY DETAILS
Property Address 64-66 Rene Street, Noosaville
RP Description Lot 280 SP104321
2
Land Area 4,050m
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Industry
Overlays Medium Bushfire Hazard Area
Low Potential Acid Sulphate Soils Area
Assessment Type Change to Existing Approval
Page 22 of 140
Section 23
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 21 July 2015 regarding Application No. MCU14/0049.01 for a Request
to Change an Existing Development Approval situated at 64-66 Rene Street, Noosaville and
agree to:
A. Amend Conditions 2 & 6 to read as follows:
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed below and
are as amended by the conditions herein.
Plan No. Rev. Plan/Document Name Date
11065-C-12 A Fire Truck Turning Movement 17/03/15
OGSS-001-01 G Site Plan Stage 2 18/9/14
OGSS-001-02 G Stage 2 Basement Floor Plan 18/9/14
OGSS-001-03 G Stage 3 Ground Floor Plan 18/9/14
OGSS-001-04 G Stage 3 Level 1 Floor Plan 18/9/14
OGSS-001-05 G Stage 3 Level 2 Floor Plan 18/9/14
OGSS-001-06 G Elevations 1 & 2 18/9/14
OGSS-001-07 G Elevations 3 & 4 18/9/14
OGSS-001-08 G Sections A-A & B-B 18/9/14
OGSS-001-09 G Basement Location Plan 18/9/14
6. The maximum height of the development must not exceed Reduced Level 19.96
AHD.
B. Delete Condition 7.
REPORT
1. PROPOSAL
The application seeks to change an existing development approval for a self-storage facility
currently under construction. The applicant seeks minor changes to the development and
changes to 2 conditions. The changes relate to the landscaping layout and the building’s height,
specifically:
Conversion of a portion of landscaping area at the rear of the development to hardstand to
cater for fire truck parking
A portion of the building’s roof exceeds the 10m height limit and the applicant requests
modification
Page 23 of 140
Section 24
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
2. SITE DETAILS
2.1. Background
A report on the application to develop the site for a self-storage facility was considered by
Council at its Ordinary Meeting on 20 November 2014. The development comprised two self
storage buildings on the site, with one being the refurbishment of an existing industrial shed and
the other being a new 3-storey building. Council approved the development subject to
conditions.
The applicant also sought Operational Works approval for signage in excess of planning scheme
provisions, Council refused that aspect and the matter was subject to an appeal, which was
recently settled.
This application relates only to the Material Change of Use component issued by Council for the
self-storage use.
2.2. Site Description and Location
The site is 4,050m2 in area and generally rectangular in shape but has an irregular rear
boundary. The land slopes moderately down to the rear, with an overall fall of approximately 3
metres. The lot has a 71.6m frontage to Rene Street with one existing access driveway
positioned along the eastern boundary.
The site has previously been excavated toward the Rene Street frontage and has been levelled
to roughly the natural ground level at the rear. Only a small strip of ground at street level exists
within the site along the frontage, which is either retained or battered back to the lower portion of
the lot.
An existing 2 storey industrial building sits in the western portion of the site and has a footprint of
approximately 1,000m2. Much of the remaining open space to the east of the building is concrete
hardstand and there is no significant vegetation present. A locality map and aerial photograph of
the site is shown below.
Figure A - Locality Map
Page 24 of 140
Section 25
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Figure B – Aerial Photograph
2.3. Surrounding Land Uses
A mix of industrial uses are adjacent to the site to the north, east and west within the industry
zone. Nearby uses include mechanical workshops, manufacturing, service industries,
warehouses and some heavy/noxious industries. Smaller format industrial tenancies abut the site
directly to the west and an approved concrete batching plant neighbours the site to the east.
3. STATUTORY PROCESS
The proposed change to the development approval requested by the applicant is determined to
constitute a permissible change in accordance with s367 of the Sustainable Planning Act 2009
on the grounds that:
The change would not result in a substantially different development because the changes
do not propose a new use, or works, or apply to a new parcel of land.
The change would not trigger a new referral to the State Assessment and Referral Agency;
The development is code assessable and not subject to submissions; and
The changes do not involve prohibited development.
Page 25 of 140
Section 26
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
4. ASSESSMENT
An assessment of the applicants requested changes is provided below.
Condition 2 – Approved Plans
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed below and are as
amended by the conditions herein.
Plan No. Rev. Plan/Document Name Date
OGSS-001-01 G Site Plan Stage 2 18/9/14
….
Applicant’s Request
The applicant seeks to amend the approved site layout to accommodate a fire truck parking area
shown on the plan included as Attachment 1. The new plan modifies an area of landscaping at
the rear of the building to hardstand to allow a fire truck to park at the back of the site. The
applicant submits:
Prior to lodgment of the building plans, the applicant had initially been advised that fire trucks
could park on the eastern driveway within 10 meters of the new building, provided there was a
three metre high fire wall. When building plans were lodged with Queensland Fire and Rescue
Service (QFRS) for approval, the applicant was advised that the new building blocked the fire
hose path and that the proposed location was not acceptable and would not be approved.
A review of the site has indicated that there is no alternative hardstand area available that
complies with QFRS requirements. The applicant was therefore instructed to provide a hardstand
area for fire trucks at the rear of the site within an area previously calculated in landscaped open
space requirements.
This layout reduces the area of landscaped open space provided on site. The applicant therefore
requests that Council consider the reduced landscaped area. It is noted that this area will only be
used for emergency fire vehicles and will be generally be an open area.
Assessment
The approved development provided the minimum 15% landscaped area listed as a Probable
Solution within The Noosa Plan’s Landscaping Code. The proposed amended layout still
generally accords with the outcomes of the Code, with primary landscaping provided to the front
and side boundaries and the rear buffered by environmental reserve.
Council’s Building Certifier has confirmed that the fire truck provision is a requirement for this site
that arose from the building permit process. The site is unusual for an industrial site in that
access to the lower basement level is obtained from the rear of the site, with the land sloping up
to the front boundary. The building permit lodged with Council for its records includes
correspondence from Queensland Fire & Rescue Service stating that the parking area is
required. As such the change to the external layout is supported.
Conditions 6 & 7 – Building Height
6. The maximum height of the development must not exceed 10 metres above the finished
ground level and the natural ground level.
7. 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.
Page 26 of 140
Section 27
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Applicant’s Request
A survey of the site has been undertaken to certify that the building complies with the stipulated
height requirements. Unfortunately the survey has revealed that the building exceeds the 10
metre height limit by 700mm. [A submitted plan] includes a survey of roof heights of the existing
building whilst Figure 2 below indicates the location of the intrusion which relates to the middle
portion of the roof. Due to the slope of the site this area is not readily visible from the street and
has little impact on the surrounds.
Figures 3 and 4 below illustrate the visual presentation of the height intrusion to the Rene Street
frontage. These photographs clearly demonstrate that the front portion of the building complies
with height requirements and that the area of intrusion will not be noticeable from the Rene Street
frontage as the building provides a stepped building form and the area of intrusion is located in
the middle section of the roof.
Page 27 of 140
Section 28
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Page 28 of 140
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
, . 10m
— ~
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m P 8 4 | )
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10m
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t
~
5 en ae — ¥ ~
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Figure 4 - Plan illustration area of height intrusion - west
Page 28 of 140Section 29
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
The applicant therefore requests that Council delete conditions 6 and 7 and replace with a
condition recognizing the area of intrusion.
Assessment
The Material Change of Use application plans submitted for approval demonstrated height
compliance, in particular at the rear of the building, where natural and finished ground level is
lowest. Discussions with the applicant indicate a discrepancy occurred between the design
draftsman’s interpolation of existing (excavated) site survey levels to assume the historic Natural
Ground Level and the contour levels now provided by the certifying surveyor engaged to comply
with Condition 7. As a result, a height incursion has occurred in the middle of the building at the
rear of the front tier of the roof. The applicant advised it investigated whether modifications to the
roof framing could be made to achieve compliance but a lift shaft in this area prevents that
option.
The applicant’s submission about the negligible built form impacts for the section of non-
complying roof is noted and the grounds generally agreed. Importantly, based on the submitted
survey the front elevation of the building is no greater than 9.3m in height. A change to condition
6 to reflect the as-constructed roof level is therefore supported. Condition 7 can be deleted given
the submitted survey information Council now holds.
5. CONSULTATION
5.1. IDAS Referral Agencies
Not applicable.
5.2. Other Referrals
Comment was provided on the application by Council’s Building Certifier.
6. CONCLUSION
The applicant’s request to amend the existing development approval raises some planning
concerns but submitted supporting information for both the landscaping and building height
aspects demonstrate reasonable grounds and negligible impacts. The changes are therefore
supported, with amended conditions provided in the recommendation.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order X Building & Plumbing Services
Waste & Environmental Health X DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 29 of 140
Section 30
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Page 30 of 140
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S = co | Shwe ee 7 FIRE TRUCK TURNING MOVEMENT | wm |".Section 31
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
4 APPLICATION FOR MATERIAL CHANGE OF USE FOR SHOPS AND OFFICES
SITUATED AT 2 EMERALD STREET, COOROY - MCU14/0091
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM / Application / MCU14/0091
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant B.H. & A.T. Durrington & S. Smith
C/-Max Watterson & Associates
Proposal Development Permit for Material Change of Use for Retail Business
Type 2 – Shop (x3) and Commercial Business Type 1 – Office (x 3)
Properly Made Date 20 November 2014
Information Request Date 4 December 2014
Information Response Date 20 April 2015
Decision Due Date 30 July 2015
Number of Submissions Not Applicable
PROPERTY DETAILS
Property Address 2 Emerald Street, Cooroy
RP Description Lot 47 C 5602
Land Area 1012m²
Existing Use of Land Dwelling
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy and Lake Macdonald
Zone Business Centre
Overlays None applicable
Assessment Type Code Assessable
Page 31 of 140
Section 32
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 21 July 2015 regarding Application No. MCU14/0091 for a
Development Permit for Material Change of Use for Retail Business Type 2 – Shops (x3) and
Commercial Business Type 1 – Offices (x 3) situated at 2 Emerald Street, Cooroy and approve
the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior
to the use commencing, and then compliance maintained at all times while the use
continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
A1.00 B Site Plan, prepared by Tulip Design 21.03.15
A1.01 B Floor Plan, prepared by Tulip Design 21.03.15
A2.01 B Elevations – Sheet 1, prepared by Tulip Design 21.03.15
A2.02 B Elevations – Sheet 2, prepared by Tulip Design 21.03.15
A3.01 B Section, prepared by Tulip Design 21.03.15
A9.01 B 3D impressions, prepared by Tulip Design 21.03.15
L1.01 B Landscape Plan, prepared by Tulip Design as 21.03.15
annotated by Council
3. The Approved Plans must be amended to incorporate the amendments listed within this
Decision Notice and resubmitted to Council prior to the issue of any Development Permit
for Operational Works*.
*(Refer to Advisory Note)
Building Height
4. The maximum height of the development must not exceed 8 metres above the finished
ground level and the natural ground level and 2 storeys.
5. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
6. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to
the issue of a Development Permit for Operational Works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit. Council reserves the
right to call upon the bond or guaranteed sum to effect compliance with conditions.
Page 32 of 140
Section 33
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Street Identification
7. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
Building Design
8. The street awning must extend for the full width of the frontage and be setback 1m from the
face of the kerb. Amended plans must be submitted prior to the issue of an operational
works approval.
9. A variety of external material finishes must be incorporated to the north elevation and the
west elevation as indicated on the approved plan.
10. All mechanical equipment such as air-conditioning units, pumps or refrigeration and the like
must not be seen from Emerald Street.
Water & Sewer Connections
11. 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).
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.
Landscaping Works
12. The development site must be landscaped. The works must be undertaken generally in
accordance with the approved landscaping plan, Planning Scheme Policy PSP 3
Landscaping Plants and Guidelines and in accordance with an Operational Works approval
and must include in particular:
a. the works shown on the Approved Plans
b. the Archontophoenix cunninghamiana must be deleted from within the garden along
the Emerald Street frontage and replaced with a native shrub
13. 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.
14. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
ENGINEERING
External Works
15. Emerald Street must be upgraded for the length of its frontage to the subject site. The
works must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. a full width pathway extending from the property boundary to the kerb and channel
b. works to transition the new full width pathway to match smoothly with the existing
frontages of the adjoining properties. These works will extend beyond the frontage of
the subject site. The transitions must be constructed at grades that are in accordance
with Council’s Planning Scheme Policy 5 – Engineering Design Standards – Roads,
Drainage and Earthworks.
Page 33 of 140
Section 34
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
c. any necessary relocation or alteration to existing access from Emerald Street to the
adjoining property at 4 Emerald Street must be undertaken. The type and extent of
these works must be in agreement with the adjoining property owner and clearly
shown on plans submitted for operational works
d. any relocation/reinstatement of existing services in the road verge
These works are to be undertaken at no cost to Council.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being
non-trunk infrastructure.
Site Access and Driveways
16. A sealed access driveway must be provided from Wimmers Lane 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 extension of the existing
formation to the property boundary to provide a suitable access to the carparking area.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being
non-trunk infrastructure.
Car Parking
17. A minimum of 23 car parking spaces must be provided and marked on the site and made
available and accessible at all times while the use is open for business. The works must
be undertaken in accordance with an Operational Works approval and must include in
particular:
a. 12 customer parking spaces within the total, which are clearly marked for that
purpose and accessible at all times for visitor use
b. 11 staff parking spaces within the total, which are clearly marked for that purpose
c. 1 disabled parking space within the total
d. crossfalls, dimensions and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
18. 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.
Bicycle Facilities
19. Six (6) bicycle parking spaces and 3 lockers must be provided for the development.
Stormwater Drainage
20. All stormwater drainage must be collected and discharged so there is no net increase in
stormwater runoff from the site.
21. 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 be generally in accordance with drawing number 1501-02B prepared by
Callaghan and Toth dated March 2015.
Undergrounding of Existing Overhead Powerlines
22. The existing overhead electricity reticulation connection to the site must be removed and
any new connection must be provided underground.
Page 34 of 140
Section 35
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Easements
23. A 1.5 metre wide easement for “Public Thoroughfare” purposes must be registered against
the title of the property in favour of Council. The easement must be located directly
adjacent to the Wimmers Lane frontage. The easement must:
a. be clearly shown on all plans submitted for Operational Works
b. be registered prior to the commencement of the use
c. the terms of the easement must allow for the use of the easement for car parking
purposes until such time Council decides otherwise.
24. 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.
25. 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.
26. 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
27. All fill 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.
Damage to Services and Assets
28. 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.
ENVIRONMENTAL HEALTH
Waste Disposal
29. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and
Industrial Premises” and an operational works approval. The facilities must include an
external impervious area 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. This can be
achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or
alternatively the waste area can be roofed, or any other design approved by Council.
30. 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.
Page 35 of 140
Section 36
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
31. A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No.
9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, must be
submitted for the day-to-day operation of the development and approved by Council’s
Health Section prior to issue of development permit for operational works. The Waste
Management Plan must include the following:
the types of waste that will be generated from the activities approved within the
development
estimated volumes or tonnage of both recyclables and waste generated
methods to be used for dealing with garden waste
initiatives to minimize waste either by waste prevention, reduction, re-use or recycling
description of procedures for getting all waste to the bins; the storage of bins and the
collection of bins by the contractor
a detailed description of vehicular access to collect waste. Where collection is off
street, access must allow vehicles to enter and leave the site in a forward direction.
Noise Nuisance
32. Noise emission from mechanical equipment must comply with the following requirements:
a. Air-conditioning and Refrigeration
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
b. Pumps
7am to 7pm: Maximum background + 5dB(A)
7pm to 10pm: Maximum background + 3dB(A)
10pm to 7am: No audible noise.
33. Submission of written certification from a suitably qualified person confirming that the noise
levels from all mechanical equipment comply when measured at the most exposed part of
an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment
and prior to any occupation of the building, and in a format approved by Council. All
equipment should be operating at the same time to test the overall noise level created.
ADVISORY NOTES:
Equitable Access and Facilities
1. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in
addition to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
2. Prior to the commencement of the use, please contact Council's DA Planning Section to
arrange a Development Compliance Inspection.
Page 36 of 140
Section 37
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Infrastructure Charges
3. This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in
accordance with Council’s “Adopted Infrastructure Charges Resolution” under the State
Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009.
Noise
4. It is highly recommended the person engaged to certify the installation of mechanical
equipment is involved at the plan development stage to recommend where this equipment
is best located. They can also advise about noise enclosures and can make other
suggestions to avoid noise problems. It is a lot more costly to try and deal with noise
problems after everything is built.
Building and Construction Industry (Portable Long Service Leave) Levy
5. The QLeave levy must be paid prior to the issue of a development permit where it is
required. Council will not be able to issue a Decision Notice without receipt of details that
the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
6. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will
result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
7. A preliminary Construction Management Plan must be submitted with the Operational
Works application and must address the following:
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction
ii. maintenance of safe pedestrian access for the areas affected by the works
during and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of the development
iv. provision for worker car parking
b. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic, services and other relevant issues
e. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
f. it is acknowledged that the preliminary Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor
employed to construct the works and a final document will be required to be
submitted at the Pre-Start Meeting for the project.
Page 37 of 140
Section 38
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
REPORT
1. PROPOSAL
The application seeks approval for a 2 storey commercial development consisting of 3 shops at
street level and 3 offices on the upper level. Stairs and a lift accessed from a rear balcony
provide access to the upper level offices. Each shop has a Gross Floor Area of 70m², with 2 x
offices at 70m² and 1 at 80m². The ground level shops are setback between 2m and 3m from the
front boundary, a forecourt area and narrow garden are located along most of the frontage. The
upper level offices are similarly setback with a balcony overlooking the footpath awning and the
street.
The external finishes are mostly painted masonry with 2 feature walls (FC panel system and
render finish) located at both ends of the elevation facing Emerald Street. A 2 degree skillion roof
is proposed.
A ground level walkway along the western boundary provides pedestrian access from Emerald
Street to the upper level stairs and lift, and to the rear car park. The development provides 23 car
spaces accessed from Wimmers Lane. Figure 1 below shows an architectural rendering of the
development.
Substantial full width frontage works are proposed as part of the development.
The applicant proposes a 1.5m easement in favour of Council along the Wimmers Lane
boundary (rear boundary) for future road widening purposes. The application is before Council
because of the request to dedicate 1.5m of land adjoining Wimmers Lane as a ‘Public
Thoroughfare’ easement until such time Council has a strategy for Cooroy Laneways. Proposal
plans are included in Attachment 1.
Figure 1 - Proposed view from Emerald Street
Page 38 of 140
Section 39
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
2. SITE DETAILS
2.1. Background
Land dedication - Wimmers Lane
Council has on two occasions required 1.5m of land dedication as road reserve along Wimmers
Lane at the time of redevelopment. The previous developments were at 13 Garnet Street (corner
of Wimmers Lane, Wattle Street and Garnet Street) and additions to 11 Garnet Street (dual street
frontage with Wimmers Lane). The land dedication is discussed further in the report.
2.2. Site Description
The lot has frontage to Emerald Street and Wimmers Lane and has historically been a single
residential use. The dwelling was recently demolished, being in disrepair. The site has
approximately 1m of slope from the south east corner to the north west corner of the lot.
2.3. Surrounding Land Uses
The lot is centrally located within Cooroy’s business centre with a variety of surrounding
businesses typical of a business centre. Immediately to the west are commercial premises, to the
east shops and restaurants and opposite and across Emerald Street, shops and the IGA. Figure
2 shows the location of the subject site.
Figure 2 – Subject Site outlined in purple
Page 39 of 140
Section 40
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy and Lake Macdonald Locality and is zoned Business
Centre. The proposed use is identified as a consistent use within the zone and is required to
follow a code assessable application process.
Locality Provisions
The proposal is considered to comply with the provisions of the Cooroy and Lake Macdonald
Locality Code. However, specific streetscape provisions are outlined for Cooroy’s Business
Centre that warrant discussion. Specific Outcome O54 reads as follows:
Specific Outcome - O54 Buildings are compatible with existing buildings including Federation and
Art Deco styles, without necessarily mimicking such styles, through—
a) roofs generally concealed behind parapet walls and not seen from the street;
b) the main entrance visually emphasised in the centre of the ground floor façade;
c) detailing and articulation for horizontal emphasis including awnings, parapet walls and
first floor balconies; and
d) signage befitting the architectural integrity of the building
The proposal does not incorporate parapets but the proposed street setback, street awning,
feature walls and first floor balcony provide the horizontal and vertical elements which are
considered appropriate design elements that are compatible with the character of Emerald Street
and ‘old Cooroy’ and outlined in Specific Outcome O54. There is a mix of building designs in
Emerald Street, some with parapets, some with visible pitched roofs, and with various finishes.
Page 40 of 140
Section 41
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
A slope to the frontage and a low kerb level provide significant challenges for the development to
activate the street and deliver a centrally located entrance. The proposal addresses the street
with shop front glazing and a small forecourt for most of the frontage. These design elements
combined with the small garden bed within the site’s frontage to Emerald Street provides a good
public/private transition instead of a retaining wall built to the boundary.
The Code also seeks that street awnings contribute positively to the character and streetscape of
Cooroy. Awnings to achieve this should be provided for the full frontage and be either
cantilevered or supported by posts and setback no less than 1m from the kerb. The proposed
awning is cantilevered, setback 0.5m from the kerb and 1.9m from the eastern boundary frontage
and 2.3m from the western boundary frontage, being 79% the length of the site’s frontage. It is
considered the proposed awning length and width is not consistent with other awnings on the
southern side of Emerald Street and a condition is recommended to provide the awning for the
full frontage and setback 1m from the face of the kerb.
As a whole, the contemporary development will positively contribute to the streetscape without
mimicking the Federation or Art Deco styles.
Wimmers Lane and Easement
Specific Outcomes O4 and O5 of the Cooroy and Lake Macdonald Locality Code promotes the
use of laneways for access to new uses in Cooroy. In particular Specific Outcome O5 is relevant
to this development being accessed from Wimmers Lane and reads:
Specific Outcome O5 - Access for new uses is only taken off a laneway where upgrading works
are carried out to the laneway to enable the laneway to accommodate the anticipated levels of
traffic.
Currently, Council does not have a strategy for the use of or for improvements to Wimmers Lane.
However, Council has established a practice of requiring previous developments to dedicate
1.5m of land to Wimmers Lane road reserve. Figure 3 below shows the location of the previous
land dedications.
Council’s Infrastructure Planning and Design section indicates that a Pedestrian and Access
study of Cooroy, which will include Cooroy’s laneways is likely to be undertaken in 2016/2017.
Page 41 of 140
Section 42
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Figure 3 – Previous road dedication at the western end of Wimmers Lane and the buildings built
to Wimmers Lane boundary at the eastern end of Wimmers Lane.
The reasons for the previous dedications were:
the development required additional road width to provide safe vehicle access, being
located on the corner of Wimmers Lane and Wattle Street
a redevelopment immediately adjoining the aforementioned development extended the
road widening
Both land acquisitions are on the south western end of Wimmers Lane close to Wattle Street.
The land acquisition had a clear intent of providing a new development with safe access and a lot
which immediately adjoins this new development extended the road widening.
Page 42 of 140
Section 43
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
In this instance, it is considered unreasonable to require the applicant to dedicate land for lane
widening as currently there is no planning study/strategy and the eastern end of Wimmers Lane
has some challenges to road widening. Notably:
two lots on the corner of Wimmers Lane and Maple Street (eastern end of Wimmers Lane)
are affected by The Noosa Plan’s Heritage Overlay which requires the retention of existing
character buildings; and
the existing two character buildings on these lots are built to the Wimmers Lane boundary.
One lot being narrow and a 1.5m land acquisition would render the lot somewhat
undevelopable. These buildings and lots are shown in Figure 3 above.
Also the subject site is:
on the opposite side of Wimmers Lane to the previous land dedications; and
the subject lot adjoins the lot affected by the Heritage Overlay and buildings built to the
Wimmers Lane boundary
Given the above challenges, it is considered that in the absence of an appropriate planning study
or strategy for Wimmers Lane, it is unreasonable to require a 1.5m land dedication that may
never be utilised. Until such time as a planning strategy for Wimmers Lane is delivered, a 1.5m
wide “Public Thoroughfare” easement is recommended. This will allow the development to utilise
the land until it is required for road widening or alternatively, the easement can be extinguished if
it is not required.
Two (2) car spaces straddle the proposed “Public Thoroughfare” easement. The development
exceeds the total quantity of car spaces required by the Planning Scheme by 1.5 spaces. It is
considered that if the land is required in the future the loss of car spaces will be acceptable.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Landscaping Code
Engineering Works Codes
The application has been assessed against each of the above applicable codes. The pertinent
issues arising out of the assessment against the codes are discussed below:
Criteria Planning Scheme Proposal Complies
Plot ratio 0.80:1 max. 0.65:1
Landscaped open space 105m² (10%) 105m² (10%)
Building height
storeys 2 storeys max 2 storeys
metres 8 metres 8 metres
Boundary setbacks
In the Cooroy Locality in the 2-3m to Emerald
Business Centre zone no Street
setback is required to Emerald No setback to side
Street, Wimmers Lane or side boundaries
boundaries. 32m to Wimmers
lane
Length of wall 15 metres max 14 metres
Carparking 21.5 spaces 23 spaces
Bicycle Spaces 6 bicycle spaces 6 bicycle spaces
1 locker per 2 bicycle spaces no lockers X
Page 43 of 140
Section 44
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Bicycle lockers
A condition is recommended to provide lockers for the development.
External Works
The Transport, Roads and Drainage Code require footpaths be upgraded to appropriate
standards for new development. The car parking and kerb level adjacent to the site in the road
reserve is approximately 0.5m lower than the existing footpath and the battered bank is currently
a pedestrian and vehicle hazard. Significant frontage works are required to construct a new full
width footpath to marry into the existing car parking and kerb levels. This includes the
relocation/reinstatement of existing underground services and transition works extending beyond
the sites frontage.
4. CONSULTATION
4.1. Other Referrals
The application was forwarded to Unitywater and the following internal Council specialists:
Engineering Officer
Infrastructure Planning and Design Officer
5. CONCLUSION
The proposed building design is not a traditional Federation or Art Deco building style but is
considered a contemporary commercial design consistent with the Planning Schemes intent for
Cooroy’s business centre. The proposed ‘public thoroughfare’ easement is recommended as an
alternative to a land acquisition to allow the applicant use of the land until future planning is
undertaken for Wimmers Lane. The proposal is recommended for approval subject to conditions.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 44 of 140
Section 45
Page 45 of 140
ATTACHMENT 1
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Page 49 of 140Section 50
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
5 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A SERVICE
AND UTILITY TYPE 3 (TOWER) AT 249 SCHREIBERS ROAD, COORAN (MCU15/0034)
DOCUMENT INFORM AT ION
Author Development Planner, Jack Lewis
Planning & Infrastructure Department
Index ECM / APPLICATION / MCU15/0034
Attachments 1. Proposal Plans
2. Photomontages
APPLICATION DETAILS
Applicant Aurecon on behalf of NBN Co
Proposal Development Permit for Material Change of Use – Service & Utility Type
3 Tower
Properly Made Date 27 April 2015
Information Request Date 30 April 2015
Information Response Date 19 May 2015
Public Notification Period 1 June 2015 – 22 June 2015
Decision Due Date 19 August 2015
Number of Submissions 3 properly made submissions (2 object and 1 in support)
PROPERTY DETAILS
Property Address 249 Schreibers Road, Cooran
RP Description Lot 12 on RP883248
Land Area 54.83 Ha
Existing Use of Land Detached house, grazing and associated farm sheds
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production
Locality Mary River Catchment
Zone Rural
Overlays Biodiversity Overlay (Environmental Protection)
Natural Hazards (Medium Bushfire & Landslide)
Assessment Type Impact
Page 50 of 140
Section 51
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 21 July 2015 regarding Application No. MCU15/0034 for a
Development Permit for Material Change of Use – Service and Utility Type 3 (Tower) situated at
249 Schreibers Road, Cooran and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
4GYM-51-32- 02 Site Specific Notes and Antenna Table drawn by 23/04/2015
SCHR-C1 Aurecon
4GYM-51-32- 02 Overall Site Plan drawn by Aurecon 23/04/2015
SCHR-C2
4GYM-51-32- 03 Site Setout Plan drawn by Aurecon 05/05/2015
SCHR-C3
4GYM-51-32- 03 Site Elevation and Details drawn by Aurecon 05/05/2015
SCHR-C2
3. Development authorised by this approval must be undertaken generally in
accordance with the Approved Plans listed within this Decision Notice.
Building Height
4. The maximum height of the structure must not exceed 41 metres above the finished
ground level and the natural ground surface.
5. Certification must be submitted to Council from a Licensed Surveyor which certifies
that the monopole structure does not exceed the maximum height requirement of this
Decision Notice.
6. No lights are permitted to be attached to the telecommunications facility, except
where required for aircraft hazard lighting purposes or similar.
Health and Safety
7. The development must not, at any time during the life of the development, result in
human exposure to environmental electromagnetic emissions exceeding the current
regulations, standards and/or recommendations of the Australian Radiation
Protection and Nuclear Safety Agency (ARPANSA). The carrier of the infrastructure
must provide, at any time upon request by Council, written certification to
demonstrate compliance with this condition. The written certification must assume:
a. a maximum number of users over the lifetime of any pole or other supporting
structure
b. full power usage
c. a maximum down tilt of antennae.
Page 51 of 140
Section 52
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
8. Warning information signs and security fencing must be provided on the site to
prevent unauthorised entry. Fencing must be camouflaged through the use of
colours, materials and screening vegetation to blend the fence into the visual
landscape.
Colours and Finishes
9. The monopole and associated panels must be finished in colours that blend in
visually into the landscape.
Cessation of Use
10. The telecommunications facility must be removed from the site upon cessation of the
use.
Landscaping Plan
11. Dense screening vegetation shall be established around the enclosure in accordance
with Council’s Policy on Landscaping Guidelines and a properly prepared landscape
plan. Such landscaping is to be completed prior to the commencement of the use
and maintained at all times thereafter. The Landscape Plan shall include at a
minimum:
a. The identification and retention of the existing trees within a 50m distance
around the fenced compound area of the tower.
b. Appropriately selected tree species and understorey plantings to achieve dense
visual screening of the tower and having regard to the soil conditions. Trees
included shall be able to achieve up to 20m in mature height, though inclusion
of fast growing species is also desirable to achieve early visual screening.
c. The planting areas should maximise the screening opportunities surrounding
the tower and include appropriate planting for a distance up to 20m beyond the
perimeter of the lease area, whilst maintaining access and electricity supply.
A development application for Operational Works shall be required in this regard.
B. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The telecommunications facility will provide coverage for the NBN fixed wireless
network, allowing for the delivery of higher speed data to rural residential households
in the Cooran area; and
2. The proposal will not significantly impact on the visual or residential amenity of the
locality as it is to be located near existing infrastructure, and is screened by existing
vegetation.
REPORT
1. PROPOSAL
The application seeks approval for a Development Permit for Material Change of Use for a
telecommunications tower associated with the establishment of the fixed wireless network
infrastructure of the National Broadband Network (NBN). Fixed wireless is a network of base
station facilities proposed to provide fast internet service to the majority of rural and rural
residential properties. Since 2013, there have been 7 other NBN towers approved in the Noosa
Shire, with several already constructed and operational.
These base stations communicate directly with antennas fixed to individual premises (eg,
dwellings or businesses) to deliver wireless broadband access. The proposed tower is designed
to serve approximately 170 rural residential properties to the south of Cooran and is designed to
offer service providers with wholesale download access speeds of 25Mbps.
Page 52 of 140
Section 53
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
The proposal is for a 41 metre high monopole located at 249 Schreibers Road, Cooran. The
infrastructure includes transmission equipment and outdoor cabinets, which are within a 110m2
leased compound. The locality plan is shown in Figure 1 below, and the detailed proposal plans
included as Attachment 1.
Figure.1 Locality plan of 249 Schreibers Rd, Cooran.
2. SITE DETAILS
2.1. Background
In 2013, Council received an application for a proposed NBN tower at 321 Coles Creek Rd,
Cooran (MCU13/0051), approximately 1.6km to the north of the subject site. As part of the site
selection process, the applicant was asked to consider alternatives sites within the coverage area
that were not as visually obtrusive.
The application was publicly notified and 87 submissions were received, including a petition with
363 signatures all objecting to the proposed site selection. As a result of the community’s
objection to the proposed tower, the applicant subsequently withdrew the application in February
2015.
2.2. Site Description
The subject site is approximately 5km to the west of Pomona and 5km to the south of Cooran.
The property is 54.83ha in size and extends from lower lying areas adjacent to Coles Creek and
Schreibers Road up to a ridgeline extending along the property’s southern boundary. There is an
existing house located near the lower lying areas near the road and several existing farm access
tracks, small dams and fences on the site.
The farm is currently used for grazing and there is sparse existing vegetation on the hills, except
for a cluster of mature 25m+ high trees along the ridgeline.
Page 53 of 140
Section 54
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
There is an existing high voltage electricity easement extending from the north west corner to the
eastern lot boundaries. The easement includes 2 x 25m high electricity stanchions within the
property and another stanchion located on the neighbouring property to the east at the top of the
ridgeline (201 Schreibers Road).
2.3. Surrounding Land Uses
The site adjoins six rural zoned lots ranging in size from 2ha to 65ha in area. 211 Schreibers
Road and 203 Sankeys Rd are the closest houses to the proposed tower, approximately 400m to
the north and east. It is noted the existing high voltage power lines and stanchions are located
between the proposed tower and these existing houses.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions; and
the Planning Scheme for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
The site is located within the Regional Landscape and Rural Production Area of the SEQ
Regional Plan. The proposal is consistent with the regional policies and regulatory provisions of
the SEQ Regional Plan.
3.3. Statutory Instruments – The Noosa Plan
The subject site is located in the Mary River Catchment Locality and is zoned Rural. The
proposed use is identified as an inconsistent use within the zone and is required to follow an
impact assessable application process. While the whole of the planning scheme is applicable, the
following codes and policies are most relevant to the application:
Mary River Catchment Locality Code
Planning Scheme Policy 23 – Telecommunication Towers
Infrastructure Uses Code
The pertinent issues arising out of the assessment are discussed below.
Code Discussion
Mary River The proposed 41m high tower is more than 400m away from the closest
Catchment residential dwellings to the east and south, with the 25m high electricity
Locality Code stanchions located between the closest houses and the tower. There is
also substantial 25m+ high existing vegetation adjacent to the proposed
tower site.
The site selection is a direct response to the community’s objections to
the previous development proposal at Coles Creek Road. The current
proposal is considered to be a more appropriate location as it is near
existing high voltage electricity stanchions and mature vegetation. Even
though the top of the tower will be seen by surrounding houses, the
development will not significantly impact on the existing visual amenity of
the area, consistent with the outcomes of the Code.
Page 54 of 140
Section 55
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Code Discussion
Planning Scheme Section 3.2 & 3.4 of the Policy outlines matters for consideration when
Policy 23 - assessing proposals for towers. The most applicable points associated
Telecommunication with the assessment of this proposal are:
Towers
3.2 a) Loss of vegetation on steep slopes or ridgelines; or
3.2 b) Visual scarring or the degradation of views or vistas from the
major road network; or
3.2 c) Alteration to key landform and landscape characters such that
they become dominated by the facility; or
3.4 d) Be positioned to minimise clutter of multiple facilities.
No removal of vegetation or alteration to the landforms is required for the
110m2 lease area. The tower will not be readily seen from the major road
network and the adjacent existing vegetation assists in screening the
base of the tower. The height of the tower also allows future colocation
opportunities with other telecommunication providers, consistent with the
outcomes of the Policy.
Infrastructure Uses The Code includes requirements around two central themes - Health &
Code Safety and Visual Amenity.
Health & Safety
The Specific Outcomes of the Code require the development to avoid
unacceptable risks to the environment or to personal and public safety.
The applicant has provided a summary of the maximum cumulative
radiofrequency (RF) and electromagnetic energy (EME) levels at ground
level emitted from the proposed tower, assuming full power usage. The
summary indicates the proposed tower will emit a maximum EME level
from the tower, which is 0.071% of the Australian Radiation Protection
and Nuclear Safety Agency’s (ARPANSA) regulated acceptable
maximum radiation public exposure limits.
Taking a precautionary approach to the sensitive issue concerning health
and safety over time, certification is to be provided by the
telecommunications carrier upon request. The certification must
demonstrate annual compliance with the Health & Safety requirements
compared to ARPANSA regulations.
Visual Amenity
The Code seeks for the tower to be below 25m height in the Rural zone.
The proposed tower is 41m high, with the applicant indicating the height
is required to provide appropriate coverage to the surrounding properties.
The tower will be sited amongst mature vegetation, near existing
electricity infrastructure and setback more than 400m from the closest
residential dwelling. As demonstrated by the photomontages of the tower
from Sankeys and Schreibers Roads (See Attachment 2), the proposal
is considered to be reasonably visually integrated with its setting and
existing infrastructure so as not to dominate views from surrounding
areas.
Page 55 of 140
Section 56
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Code Discussion
Conditions are recommended for the development to be finished with
suitable muted tones, no lights to be attached and existing vegetation to
be kept around the perimeter of the lease area, which would assist in
screening the tower.
Overlay Provisions
The following overlay codes are applicable to this application:
Natural Hazards Overlay (Medium Bushfire & Landslide Hazard Area)
The proposed development is a non-habitable structure, which will not result in an increase in the
number of people living, working or congregating in the mapped bushfire or landslide hazard
areas, thus meeting the outcomes of the Natural Hazards Overlay.
4. CONSULTATION
4.1. IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Advice
Powerlink Queensland is an advice agency for development because part of the premises is
subject to an electricity easement. On the 15 May 2015, the agency indicated that they have no
objection to the proposed development.
4.2. Other Referrals
Nil.
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. Three (3) properly made submissions were received, with 2 submissions
objecting and 1 in support of the application. The following table provides a summary and
assessment of the issues raised by the objecting submitters.
Issues Comments
Electromagnetic radiation from the tower will The summary indicates the proposed tower will emit a
cause cancer. maximum EME level from the tower, which is 0.071% of
the Australian Radiation Protection and Nuclear Safety
Agency’s (ARPANSA) regulated acceptable maximum
radiation public exposure limits.
The value of adjoining properties will be The assessment finds the proposal will not significantly
reduced. impact on the existing visual amenity of the area.
The application material and public notification The applicant met the requirements for a properly made
was misleading. application (including appropriate lot descriptions and
plans) and public notification requirements (including
signage along Schreibers Rd and letters to all adjoining
neighbours) as described by the Sustainable Planning
Act 2009.
Strategic sites should be identified and zoned The current round of planning scheme amendments do
for towers as opposed to the ad-hoc not propose to change the zoning of any properties for
development application and site selection such networks.
process. The applicant indicates they have a number of
framework agreements with third party mobile network
operators which outlines the process and procedures in
relation to co-location on NBN Co’s network
infrastructure sites. The 41m high tower has the
potential to include other operators to avoid the
proliferation of towers.
Page 56 of 140
Section 57
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
5. CONCLUSION
The proposed development is for a 41m high tower to be erected at 249 Schreibers Road,
Cooran for the establishment of the fixed wireless network infrastructure of the National
Broadband Network (NBN). The site is located within the Rural zone and the proposed
Infrastructure use as a Service & Utility Type 3 Tower is identified as an inconsistent use within
the zone.
Despite the inconsistency with the zone, the application has been assessed against the
provisions of The Noosa Plan and does not raise any significant planning concerns. The tower
does not pose an unacceptable risk to public safety. The proposed location is set amongst
existing vegetation and is an acceptable distance away from neighbouring properties and the
major road network, so as not to be visually dominant or obtrusive.
Whilst the proposed use raises a conflict with the Mary River Catchment Locality Code, it is
considered that the following grounds are sufficient to support the proposal:
1. The telecommunications facility will provide coverage for the NBN fixed wireless network,
allowing for the delivery of higher speed data to rural households in the Cooran area; and
2. The proposal will not significantly impact on the visual or residential amenity of the locality
as it is to be located near existing infrastructure, and is screened by existing vegetation.
The application is therefore recommended for approval, subject to conditions.
Departments/Sections Consulted:
Community Services x Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health x DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 57 of 140
Section 58
ATTACHMENT 1 – Proposed Plans
Page 58 of 140
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SoSection 63
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
6 PROPOSED KOALA OFFSET PLANTING ASSOCIATED WITH BRUCE HIGHWAY
UPGRADE
DOCUMENT INFORM AT ION
Author Manager, Planning & Environment, Kerri Coyle
Planning & Infrastructure Department
Index ECM/Subject/Environment & Biodiversity Policy
Attachments 1. Proposed DTMR Offset Planting areas
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager, Planning & Environment to the Planning &
Organisation Committee Meeting dated 21 July 2015 and agree to write to the Department of
Transport and Main Roads requesting that:
A. The Department provide a commitment that koala habitat offset plantings associated with
the Bruce Highway upgrade clearing in Noosa Shire be fully located within the Noosa
Shire;
B. The Department consult with Noosa Council if further offset planting sites are required to
meet their koala habitat offset obligations;
C. The koala habitat offset areas be protected from future development impacts on habitat by
permanently securing the sites for conservation purposes in accordance with the Offsets
for Net Gain of Koala Habitat in South East Queensland Policy; and
D. The Department consult with Noosa Council about any proposed clearing of native
vegetation mapped by the Noosa Plan’s Biodiversity Overlay on the proposed koala habitat
offset sites.
REPORT
A report providing an overview of Environmental Offset Legislation was considered by Council at
its Ordinary Meeting on 2 July 2015. This report also detailed the Noosa experience with
Environmental Offsets, including bringing to Council’s attention that the Cooroy to Curra Bruce
Highway upgrade resulted in clearing of koala habitat in Noosa Shire and that the Department of
Main Roads and Transport (DTMR) were proposing to offset this koala habitat loss in the Gympie
Region adjacent to the Bruce Highway.
On 3 July 2015, Council officers met with DTMR officers to discuss the koala offsets arising from
the Cooroy to Curra Bruce Highway upgrade. Specifically, the meeting was intended to better
understand DTMR’s obligations for the koala habitat offset and to discuss some preliminary
options for the offsets to occur in Noosa Shire.
At the meeting, the DTMR officer provided some history of the Bruce Highway upgrade project
having commenced some years ago, including their consultation with the Department of
Environment, Heritage and Protection and the then Sunshine Coast Regional Council, the project
having commenced prior to de-amalgamation. The DTMR officer also advised the following:
Page 63 of 140
Section 64
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
DTMR will now re-tender in the coming weeks a planting contract and this tender will revisit
existing sites (along the Bruce Highway) within the Noosa Shire not fully optimised by a
previous contractor to increase the planting numbers within Noosa shire.
DTMR will consult again with Noosa Council once final planting numbers on site are
confirmed to investigate potential alternative planting options within the Noosa Shire,
before planting on the two blocks north of Coles Creek Road outside Noosa Shire, if
required.
DTMR will need to meet the project’s federal and state government funding commitments
within time and budget constraint, and therefore a value for money outcome will be a key
objective should Noosa Council propose any remaining habitat offset be planted and
maintained by Council.
At the meeting Council officers advised of potential options for planting of 60,000 additional
plants in Noosa Shire and of the opportunities to consolidate existing core habitat areas and
corridors.
In terms of DTMR’s proposed offsets, the following table provides an assessment of DTMR’s
latest proposal against the requirements of the Offsets for Net Gain of Koala Habitat in South
East Queensland Policy under which the impact occurred.
Policy Provisions – Where offsets may be Assessment of DTMR’s proposal
delivered
The koala offset site must be in an area identified as DTMR’s consultants have identified the koala offset
high value or medium value suitable for sites mapped as containing
rehabilitation habitat. Medium Value Bushland Habitat
(as per the SEQ Koala Protection Area Koala Low Value Bushland Habitat
Habitat Values Maps)
Low Value Suitable for Rehabilitation Habitat
Areas Generally Not Suitable
Where an area of high value or medium value Partly occurring in medium and low bushland
suitable for rehabilitation habitat is not available habitat and also in areas mapped by the SPP 2/10
within the area required by provisions below, koala as low value rehabilitation and low value other.
offset sites should be located within low value Planting of cleared lands will increase the available
suitable for rehabilitation habitat, or where bushland habitat in the future.
appropriate, within bushland habitat to enhance the
quality of bushland with in the local government
area.
Offset plantings may occur either on the A legally binding mechanism is required to protect
development site (as part of enhancement of the vegetation from future clearing.
biodiversity corridors) or on another site. Where
offsets are delivered on the development site, they
must meet protection requirements as required by
this policy
The koala offset site must be within the same local Current DTMR discussions with Council indicate
government areas as the development impacting on DTMR lands in Noosa meet the requirement –
koala habitat values, except where the impact subject to review early 2016
occurs on koala habitat values within:
The Koala Coast which includes the local
government areas of Brisbane, Logan and
Redland.
The Pine Rivers area
Page 64 of 140
Section 65
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Policy Provisions – Where offsets may be Assessment of DTMR’s proposal
delivered
In general terms, the location of koala offset sites Generally meets this requirement as the offset is
should be informed by the needs and status of local occurring in part within koala habitat areas mapped
koala populations and koala habitat, and the as part of the proposed planning scheme
proximity and significance of the impact being offset amendments. For offsets proposed outside the
on local and regional koala populations and koala mapped areas, these areas are suitable for
habitat. rehabilitation and will provide connectivity to
adjacent bushland.
Koala offset sites should form part of, or contribute Generally meets this requirement as discussed
to, strategic koala habitat networks within the local above.
government area or the South East Queensland
region (as appropriate).
The location of koala offset sites may also be Re-vegetation of cleared lands will increase local
informed by: biodiversity. However, it is noted that the previous
The potential benefits arising from the koala tender document allowed for the clearing of
offsetting activity to other biodiversity. regrowth vegetation to establish the koala habitat
offset planting.
The ability of the koala offset site to
complement local and State recreational
open space outcomes.
The Guideline: Offset for Net Gain of Koala Habitat in South East Queensland Policy also
outlines how to determine the optimum location for an offset obligation stating that:
Generally the optimum location for an offset is as close as possible to where the habitat was
cleared. This is based on the principle that the offset contributes to establishing koala habitat to
benefit the koala population where the loss occurred. However, locating offsets in the immediate
vicinity of a development site may not always be possible or appropriate. In some cases, greater
conservation outcomes may be delivered by locating offsets elsewhere (e.g. within other
identified strategic koala offset networks). The following hierarchy of criteria (from most to least
important) can be used to help determine the optimum location for the offset.
1. development site (if appropriate)
2. same suburb/local plan/development control plan area as the development site
3. same waterway catchment or biodiversity corridor as the development site
4. same assessable development area of the SPRP
5. same local government area as the development site
6. adjoining local government area within the SEQ bioregion.
Sites that are not considered suitable include areas that present a high risk to koalas or areas
that are physically isolated from other koala habitat. This may include sites that are surrounded
by major road infrastructure, located along roads with high volumes of traffic and/or located within
urban environments where very little habitat and habitat connectivity exist.
For example, State-controlled roads and arterial roads generally carry high traffic volumes that
would create significant barriers to koala safe movement if no mitigation techniques were
employed (refer to Koala Sensitive Design Guideline). However, there is a capacity for koalas to
move throughout the landscape across lower traffic volume roads found in suburban and
residential areas (typically 50km/h or less).
Page 65 of 140
Section 66
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Notably the recent Queensland Environment Offsets Policy includes similar provisions to the Net
Gain of Koala habitat in South East Queensland Policy requiring offset plantings to be within the
same local government area as the impact site, although this recent policy only requires three
new koala habitat trees for every one non juvenile tree removed, instead of the previously
required ratio of 5:1.
While it is preferred that the offset planting not be undertaken beside the Bruce Highway the
proposed arrangements are not inconsistent with the state policy provisions. The koala habitat
offset is now proposed in South East Queensland, within Noosa Shire where the development
impact occurred, generally contributes to a koala habitat network, and koala exclusion fencing
has been constructed along the Bruce Highway.
Previous Council Consideration
Ordinary Meeting, 2 July 2015, Item 2, Page 5
That Council note the report by the Environment Officer to the Planning & Organisation
Committee Meeting dated 23 June 2015 and;
A. Note the Department of Transport and Main Road’s agreement to enter into discussions
with Noosa Council in regard to finding a suitable koala habitat offset location within Noosa
Shire and request staff to investigate suitable offset locations and report the matter back to
a future Council meeting; and
B. Request that the Environmental Services staff:
1. Identify potential Strategic Offset Investment Corridors in Noosa Shire for inclusion
into the new planning scheme;
2. Develop a register of landholder interest;
3. Investigate options for securing land for the purpose of providing advanced offsets in
conjunction with the Environment Levy Working Group;
4. Investigate incorporating Matters of Local Environmental Significance into the new
planning scheme; and
5. Present recommendations to a future meeting of Council.
Finance & Risk
There is no statutory obligation under the legislation current at the time of clearing koala habitat
for the Bruce Highway upgrade for DTMR to undertake koala habitat offsets. Notwithstanding
this it is considered reasonable that state government development projects be undertaken in a
manner consistent with state policy for koala habitat offsets.
There is a risk that a significant proportion of the planting may still occur in the Gympie area.
Consultation
External Consultation - Community & Stakeholder
Department of Transport and Main Roads
Internal Consultation
Environment Officers
Page 66 of 140
Section 67
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Departments/Sections Consulted:
Community Services x Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health x DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
x
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 67 of 140
Section 68
ATTACHMENT 1
Page 68 of 140
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
7 NOOSA KOALA CONSERVATION POLICY
DOCUMENT INFORM AT ION
Author Principal Environment Officer, Peter Milne
Planning & Infrastructure Department
Index ECM/Subject/Koala Policy/Management
Attachments 1. Koala Conservation Policy Background Paper
2. Noosa Koala Conservation Policy
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Principal Environment Officer to the Planning & Organisation
Committee Meeting dated 21 July 2015 and:
A. Thank the public submitters and key stakeholders for contributing to the development of the
Noosa Koala Conservation Policy;
B. Adopt the Noosa Koala Conservation Policy provided at Attachment 2 to the report; and
C. Commence the development of a Shire-wide Koala Conservation Plan to implement the
policy.
REPORT
1. Public Consultation
Submissions were invited from the public on the proposed Noosa Koala Conservation Policy
through the ‘Your Say Noosa’ portal. A background paper (Attachment 1) on the policy was
posted on the website and eighteen submissions from the public were received. A copy of the
submissions has been placed in the Councillors Room. In summary, most of the submissions
addressed:
Protecting koala habitat
Better koala records, data and maps
Public education, particularly responsible dog ownership
West Cooroy State Forest transfer into National Park
Funding for more research
Stronger development controls
More koala signs
Reduce speed limits
Establish a koala sanctuary
Allow translocation of koalas
Wild dog control
Koalas and tourism
Support offsets on private land
Purchase land parcels that have koala habitat
Increase capacity by partnering with Universities, other government departments,
environment groups and landholders
Page 69 of 140
Section 70
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Submitters have been sent acknowledgement letters thanking them for their contributions.
In addition the following key stakeholder groups have also been consulted on the development of
the policy:
Koala Diaries
Australian Koala Foundation
Koala Rescue
Koala Tracker
Queensland Koala Crusaders
Department of Environment & Heritage, Threatened Species Unit
SEQ Catchments
2. Noosa Koala Conservation Policy
The purpose of the Noosa Council Koala Conservation Policy is to provide a coordinated and
structured framework to help conserve and protect koala populations and habitat within the
Noosa Shire.
Information gained through the public consultation process and discussion with key stakeholders,
has been considered in the development of the Noosa Koala Policy (Attachment 2). The Noosa
Koala Policy addresses the following key policy areas:
Habitat protection
Improved understanding of koala needs
Mapping and monitoring local koala populations
Development decision-making
Infrastructure decisions
Pest control
A cautious approach to supporting koala translocation
Increased community awareness and participation
To implement the policy, it is proposed to develop a Koala Conservation Plan which will include
practical and tangible actions on the ground to help protect and conserve koalas and their
habitat.
3. Noosa Koala Conservation Plan
The Koala Conservation Plan would integrate with other plans, policies and programs such as
the Noosa Planning Scheme, the Draft Conservation Land Plan, the Environment Levy Policy,
the Tree Management on Public Land Policy and National and State legislation and policy. The
Koala Conservation Plan will address key policy areas identified in the Koala Policy including:
Latest koala habitat mapping;
Known abundance, distribution and behaviour of koalas across Noosa Shire;
Measures to protect koala populations and habitat;
Identification of threats to Noosa’s koalas and avoiding/mitigating impacts on koalas;
The role of Council, the public, key stakeholders and experts, in helping to conserve Noosa
koalas; and
Systems and processes for capturing further data and information.
Page 70 of 140
Section 71
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
There is currently a range of koala mapping and data sources from State Government, SEQ
Catchments, Australian Koala Foundation, University of Qld and specific koala interest groups.
Building on this information, further mapping and data collection will help provide up to date
information on Noosa’s koalas. On ground verification has started with the University of Sunshine
Coast’s koala detection dog ‘Maya’. Discussions have also been had with the University on a
proposed three year Australian Research Council (ARC) joint project with the Noosa Biosphere
Trust. The project is aimed at better understanding the health and viability of koala populations in
and around urban areas.
An important component of a Koala Conservation Plan is the development of koala ‘threat’
mapping which identifies localities that have a history of koala mortality or injury from car
collision, dog attack or disease. This information allows Council to plan and design measures to
mitigate these impacts at a local level.
Previous Council Consideration
Ordinary Meeting, 12 March 2015, Item 1, Page 5
That Council note the report by the Principal Environment Officer to the Planning & Organisation
Committee Meeting dated 3 March 2015 and:
A. Undertake public consultation through Council’s ‘Your Say Noosa’ webpage to inform the
development of Noosa Shire Koala Policy and through targeted consultation with key
interest groups; and
B. Endorse the development of a Noosa Shire Koala Policy.
Finance & Risk
Council has allocated funding in the 2015/2016 budget for koala threat mapping ($8,500) and
further research on the distribution and occurrence of koalas using Maya, the koala detection dog
($8,300).
Until a Koala Conservation Plan is completed, final costs of implementing the policy are not
known.
Consultation
External Consultation - Community & Stakeholder
Public consultation through Your Say Noosa portal - eighteen submissions received.
The following key stakeholders were consulted:
Koala diaries
Australian Koala Foundation
Koala rescue
Koala Tracker
Queensland koala crusaders
Department of Environment & Heritage, Threatened Species Unit
SEQ Catchments
University of the Sunshine Coast
Page 71 of 140
Section 72
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Internal Consultation
The following Council Branches were consulted:
DA Planning
Strategic Land Use Planning
Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Environment Health
Governance
Community Engagement
x Community Services x Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
x Waste & Environmental Health x DA Planning
Community Facilities x Strategic Land Use Planning
Cultural Facilities x Asset Design & Investigations
x Asset Planning
x Civil Operations
Environment
x
x Executive Office Corporate Services
x Community Engagement x Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 72 of 140
Section 73
Page 73 of 140
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Policy Purpose
The Noosa Council acknowledges the Noosa public's concerns regarding the viability of local koala populations. Accordingly
Council aims to develop a Koala Policy. The proposed Policy will dovetail with the Noosa Council's broader objective of
protecting and enhancing Noosa's overall biodiversity values
The specific objective of the Noosa Council Koala Management Policy will be
To provide a coordinated and structured framework to effectively manage and conserve natural free ranging koala
populations across their range within the Noosa Shire.
Background Information About Koalas
Koalas are an iconic species, As such they attract considerable attention, funding and effort. They are not the most vulnerable
species within the Noosa Shire, however they are the species that engenders the most concern
There are four Australian States where koalas exist in the wild. Although it Is often cdaimed that koalas are nationally
“andangered”™, in fact they are listed under National legislation as “vulnerable” in Queensland, NSW and the ACT. They are not
deciared in Victoria or South Australia. Nowhere are they currently declared endangered
in South Australia, particularly at locales such as Kangaroo Island and the Adelaide Hills, koalas have been introduced and are
now abundant in places where they do not historically belong. In some Victorian locales, koalas are so abundant that “they put
unsustainable pressure on tree species, which poses a direct threat to the health of forests.” (Victorian Koala Management
Strategy)
At the other end of the spectrum, koala populations in many parts of Queensland and New South Wales are in napid decline
The animals here face an increasing threat from urban expansion, disease, habitat joss, vehicle strike and predation by dogs
Koalas are solitary animais and very territorial. They often act aggressively towards other individuais. Males are more
aggressive
The home range of an individual koala will depend on the habitat including available food trees. Within a socially stable group,
home ranges overlap at the edges, and that Is where any social interaction takes place
Koalas are very fussy eaters. They consume foliage of certain eucalypts, although some non-eucalypts may contribute to the
diel, Females produce just one young per year.
itis not known how many Koalas there are in the Noose Shire area
Locally, koalas have been sighted at Peregian, Weyba, Sunshine Beach, Noosa National Park, Tewantin, Tewantin National
Park, Tinbeerwah, Cooroibah, Cootharaba, Doonan, Lake Macdonald, Ringtail Creek, Yurol Forest, Pomona, Cooran, Kin Kin,
Woondum National Park and elsewhere. Recently there have been verified reports of a koala on Noosa North Shore.
NOOSA COUNCIL PO Box 141 P. (07) 5329 6500 [email protected]
Sea wR Om BE be ate F. (07) 5322 6501 www. noosa.gid gov. at
Page 73 of 140Section 74
Page 74 of 140
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The current population of koalas in the Noosa Heads National Park Headland section on the northem side of the Park are
probably related to the two males and three females purposely released there in 1966. These 5 koalas were translocated from
forestry sites on Bribie Island.
As the Queensland Koala Conservation Plan notes, small fragmented populations may result in inbreeding and thus a reduction
in genetic variation. This in turn can reduce the health potential and long-term viability of fragmented populations,
Koalas are subject to a range of diseases. Most significant and commonplace is Chiamydiosis, which causes blindness,
infertility and sometimes death
Translocation of Koalas
Translocation is controlled by the State Government. There are strict rules that must be met. Currently, koalas must be returned
in close proximity to their place of origin. This is commonplace amongst regulations covering rehabilitated wildlife generally. It is
designed to prevent indiscriminate translocations and to increase survival rates. Translocating animals to new areas has the
potential to upset existing territories and also spread pathogens to new populations.
However the practice of sending koalas back to where they came from may mean that koalas in dangerous environments are
returned to meet further misfortune.
In discussions about translocation with experts at the Australia Zoo Wildlife Hospital, it appears that
@) Koalas tend to be faithful to their home ranges and will attempt to return if moved out of them. Translocating koalas
over 4 years of age, and particularly males, can be problematic because they have a tendency to want to find their
original territory.
b) tis not a simple matter to transfer koalas from different habitats, For exarnpie, koalas in seaside locales have very
different nutrient loads to those in hinterland environments. Trying to put a coastal koala into an inland forest and vice-
versa is not considered good practice. The experts also warmed that coastal koalas are considerably less healthy as a
resultof the poor nutrients in trees growing on sandy soil.
Translocation is a complex issue, and rarely the easy solution that some people may believe. Noosa Council will need to take a
cautious approach to translocation proposals,
Government Requirements
At the national level, environment protection of the Queensland, NSW and ACT koaia populations as vulnerable species has
strengthened the existing state protections for koalas. National environment protection doesn't mean that all activities in these
areas will require federal environmental approval,
Only projects likely to have a very significant impact on the koala population in Queensland, New South Wales and the ACT will
need to be assessed under national environment law.
The federal government has released referral Guidelines to assist proponents and decision makers in navigating the
requirements of the Environmental Protection and Biodiversity Act 1999 (EPBC Act) as it relates to koala conservation.
At the state level, the South East Queensland Koala Conservation State Planning Regulatory Provisions 2010 (SPRP) applies to
Jocal planning instruments. This incorporates priority koala assessable development areas, Parts of Noosa are included |n this
designation. The SPRP regulates assessable development only, where that development meets certain triggers. There are a
__ fange of developments to which the provisions do not apply - e.g. self-assessable developments or those that are declared to be
2, significant projects under the Stete Development and Public Works Organisation Act 1971, etc.
NOOSA COUNCIL PO Box 14 P (07) 5329 650! [email protected]. at
Page 74 of 140Section 75
Page 75 of 140
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The State Government Supported Community Infrastructure Koala Conservation Policy (2014) outlines how state public sector
entities will consider koala conservation outcomes in the planning and delivery of government supported community
infrastructure such as roads and buildings.
The Queensiand Environmental Offsets Policy (2014) provides the mechanism for the Planning Minister to declare an area to be
a Biodiversity Development Offset Area (BDOA) for the purposes of achieving a net benefit for koala conservation. Offsets for
koalas have already occurred in the Noosa Shire (e.g. Settlers Cove development) and will likely occur into the future.
Meanwhile the state's Nature Conservation (Koala) Conservation Plan (2006) and the Nature Conservation (Koala)
Management Program (2006 - 2016) prescribe outcomes for Koala Habitat Areas and criteria against which development in
these areas must be assessed. Parts of Noosa Shire are identified as "Koala Conservation Areas" and also “Urban Koala
Areas". Notably the mapping for these areas excludes some urban locales where koalas are known to exist, and also ignores
the bulk of the Noosa hinterland where koalas are known to exist. The planning and development provisions In the Nature
Conservation (Koala) Conservation Plan (2006) and the Nature Conservation (Koala) Management Program (2006 - 2016) have
now been superseded by the South East Queensland Koala Conservation State Planning Regulatory Provisions 2010 (SPRP).
Noosa Council's own planning scheme includes a biodiversity overiay that identifies potential koala habitat areas derived from
State mapping. There are currently inconsistencies and shortcomings in this mapping. For some specific developments this
mapping may have an impact on vegetation removal, although not in respect to the clearing for a house site for example
Koala provisions in the Noosa Pian biodiversity overlay code requires developments to include measures to assist the survival
of koalas and provide for koala movement across the landscape. The code calls up design measures in the Nature
Conservation Plan 2006,
As guidelines and koala mapping are revised over time, the planning scheme will need to be updated to reflect these changes.
it is important to note that there are restrictions on what Council can and cannot do in terms of planning decisions that may
impact on koalas. Council cannot, for example, readily prevent construction of houses on private property where that
development is in accord with other government instruments and also in accord with aspects of the planning scheme
What the Koala Management Policy May Consider
The Noosa Council Koala Policy may consider issues such as:
1. Habitat protection - where planning instruments allow and in keeping with other Council policies such as The Environmental
Levy.
2. Improved understanding of jocal koala populations.
3. Improved mapping of local koala populations.
4. Consideration of koala offsets where applicable (see Qld Environmental Offsets Policy above).
5. infrastructure decisions - such as koala crossing signs, wildlife crossing additions as part of new infrastructure, etc.
6. Pest control - particularly wild dogs.
7. Community awareness and education,
NOOSA COUNCIL PO Box 141 P. (07) 5329 6500 [email protected]
ea REL Ree OE: tals = (07) 5329 650 \ oSa.qid.gov.a
Page 75 of 140Section 76
Page 76 of 140
ATTACHMENT 2
| @ Niele. Council Policy
FAIL
| @ | COUNCH KOALA CONSERVATION
Corporate Plan Reference: Custodianship of Noosa’s Environment
Endorsed by Council:
Policy Author: Planning and Environment Branch
INTRODUCTION
Noosa Shire's open space and vegetation networks set it apart from other coastal areas of South-
east Queensland. This vegetation is habitat for many native species including koalas. Koalas are of
great interest to residents and visitors and are listed under the Environment Protection and
Biodiversity Conservation Act as ‘vulnerable’ in Queensland. A Koala Conservation Policy has
been developed to help guide Council and the community with the conservation and protection of
Noosa’s koalas.
POLICY PURPOSE
The purpose of the Noosa Council Koala Conservation Policy is to provide a coordinated and
structured framework to help conserve and protect koala populations and habitat within the Noosa
Shire.
POLICY OUTCOMES
This policy seeks to achieve the following outcomes:
. Protection and conservation of koala populations and habitat;
© Minimal or no interference with the natural movement and behaviour of koalas;
° Improved understanding of the distribution, abundance and health of koalas;
° More informed decision making when assessing developments and implementing Council
capital and operational works;
* Increased community awareness and participation with koala conservation; and
. The development of a Koala Conservation Plan to guide implementation of this Policy.
POLICY SCOPE
This is a Shire-wide policy and applies to public and private lands.
This policy is sub-ordinate to State and National koala legislation and policy and does not replace
such provisions. Further information can be found in the Noosa Council Koala Conservation Policy-
Background Paper.
POLICY CONTEXT
Measures to conserve and protect koalas and their habitat will align with other strategies, policies
and plans, such as the Noosa Plan, the Environment Levy Policy and the Tree Management on
Public Land Policy.
Page 1 of 5
Page 76 of 140Section 77
Page 77 of 140
POLICY STATEMENT
This policy states Council's position on the conservation and protection of koalas in Noosa Shire.
The Koala Conservation Policy focuses on eight key areas:
1. Habitat protection.
a. Where legislative and planning instruments allow, further habitat loss within known core
koala habitat areas is prevented.
b. Measures to protect koala habitat are consistent with other plans, policies and
programs for biodiversity protection. Examples include the Noosa Plan Biodiversity
Overlay and Riparian Protection Areas and the Environment Levy Program.
c. Where possible, measures to conserve and enhance Strategic Biodiversity Corridors
and/or Strategic Offset Investment Corridors, are focused on areas that assist koala
populations.
d. Land conservation practices are encouraged in known koala habitat areas. This may
include support for Voluntary Conservation Agreements through the Environment Levy,
and/or encouragement to include koala food trees on both private and public land in
known koala habitat areas.
e. Measures to conserve and protect koalas are prioritised in koala habitat areas where it
can be demonstrated that there are long-term viable populations of koalas. This will
ensure that resources and efforts are allocated effectively.
f. State government controlled land with known koala habitat, that currently does not
have conservation protection, is to be investigated for potential inclusion in the
conservation estate.
2. Improved understanding of Koala needs and behaviours.
a. Research partnerships between Council, State Government, research organisations
and koala interest groups are encouraged and aimed at:
i. identifying and eliminating information gaps about koala behaviour within the
Noosa Shire.
ii. identifying habitat and range requirements for local koalas.
iii. | assessing the health of koala populations.
iv. assessing the importance of regrowth and isolated trees to koalas, outside
remnant vegetation areas.
Vv. prioritising conservation and protection actions,
b. Processes and systems are to be investigated, potentially with koala interest groups
and experts, to further collate information about koala sightings, injuries, and mortality
in the Shire.
c. Key experts are to be identified and consulted on koala needs and behaviour. Such
experts may include State Government Departments, University staff and students,
Australia Zoo Wildlife Hospital, wildlife carers and koala advocates.
3. Mapping and Monitoring Local Koala Populations.
a. In partnership with research agencies, the distribution and health of koalas across the
Shire is to be assessed and monitored,
b. Building on current mapping resources, koala records, and regional ecosystem
mapping, koala habitat mapping is to be updated. The updated koala habitat mapping
will be considered in future amendments to the Noosa Plan.
c. Regrowth, urban trees and rural ‘stepping stone’ corridors are to be considered in koala
mapping.
Page 2 of 5
Page 77 of 140Section 78
Page 78 of 140
d. Records and data of koala injuries and fatalities are to be used to support the mapping
of critical hot spots to inform development assessment and Council capital and
operational works projects. These critical hot spots may relate to vehicle strikes, dog
attacks or infected koalas.
e. Up-to-date methods for verifying the occurrence and health of koalas in Noosa Shire is
to be investigated and applied where possible. This may include grid point surveys,
koala detection dogs and heat-seeking monitoring devices attached to drones.
4. Planning & Development Decision-making
a. Potential gaps in National and State legislation and policy on koalas is to be
investigated and measures considered for further protection through the Noosa Plan.
This may include, for example, the identification of Matters of Local Significance
(MLES) and tree protection provisions other than the Noosa Plan mapped biodiversity
overlay.
b. Government organisations, research organisations and koala interest groups are to be
consulted on the preparation of comprehensive shire-wide koala habitat mapping.
Mapping may considered for inclusion in the planning scheme for development
assessment purposes and can also inform Council developments that may be exempt
from planning scheme provisions.
c. State Government has developed the Qid Environmental Offsets Policy 2014 to guide
developments that may impact on matters of environmental significance. As directed by
State Government, the Environment Offsets Policy 2014 is to be integrated into the
new planning scheme.
d. Offset receiving sites are to be identified on public or private land that could potentially
be used for re-instating koala habitat.
e. Consistent with the State Qid Offset Policy 2014, environmental offsets provisions are
applied for clearing of koala habitat in mapped koala habitat areas, provided the
relevant development applicant has demonstrated that the clearing is unavoidable and
efforts have gone towards mitigating potential risks to koalas.
f, Council Environmental staff are to consider, on an as-needs basis:
i. potential land suitable for purchase as environmental offsets, and/or
il. Council owned or controlled land suitable for environmental offsets, and/or
iii. land parcels in or near koala habitat areas that are suitable for revegetating with
koala food trees.
g. ‘The feasibility of dog-free estates in or abutting known koala habitat areas is to be
investigated.
5. Infrastructure Decisions
a. The impacts on koalas and habitat from Council planned capital and operational works
is to be assessed through the following process:
i. In the first instance, investigate measures to avoid any impacts on koalas and
habitat from planned works:
ii. Mitigate unavoidable impacts from works’:
ii. Offset unavoidable impacts as close as possible to the impact site.
" An example of mitigating impacts: reducing tree clearing by shifting the majority of the impact site to an
area already cleared of vegetation. Any remaining trees that are unavoidably cleared (residual impact) are
offset.
Page 3 of 5
Page 78 of 140Section 79
Page 79 of 140
b. | Where appropriate, the best practice design and construction of infrastructure in known
koala habitat areas is to be considered, including:
i. koala-friendly fencing in koala movement corridors;
ii. koala exclusion fencing at known car strike hotspots;
iii. | koala crossing’ warning road signs where koalas regularly cross roads;
iv, subject to traffic regulations and standards, potential speed limit reductions at
points where koalas regularly cross roads;
v. improved street lighting where koalas regularly cross roads to ensure the animals
are visible to drivers;
vi. where it can be demonstrated that it will be of benefit to koalas, wildlife
underpasses and/or land bridges, when constructing roads and bridges;
CG, State government authorities (e.g, Department of Transport and Main Roads) are to be
consulted and encouraged to mitigate threats to koalas on state controlled roads.
d. Where possible, vegetation on road reserves is to be retained because it provides
valuable movement corridors for koalas and other fauna.
6. Pest Control
a. Targeted control of wild dogs in known koala habitat areas is to be undertaken,
consistent with the Noosa LGA Pest Management Plan and subject to Council pest
management priorities.
7. A Cautious Approach to Supporting Koala Translocation.
a. _ Translocation of koalas within the Shire is only be supported where it adheres to State
guidelines, considers existing koala populations at the site, and involves identification
of suitable animals for translocation.
8. Increased Community Awareness and Participation.
a, Community education concerning koala conservation is provided. Such information
may include habitat requirements, threats and measures to conserve and protect
koalas. Mechanisms for educating the community and visitors may include:
i. engaging with Tourism Noosa and tourism operators to foster koala conservation
and educate visitors to the shire;
ii. providing koala education at public events such as the Noosa Show, Festival of
Water and other events.
b. The adequacy of wildlife care in relation to koalas is to be reviewed for:
i. Current wildlife rescue contact signage and information that is available to the
public.
il. The process of the public responding to sick or injured wildlife and referral to care
and veterinary services.
c. Community involvement in koala monitoring or research projects is encouraged.
d. The capacity for Council and the community to protect and manage koala populations
and habitat is enhanced by partnering with organisations such as local environmental
groups, local koala advocacy groups, Noosa Biosphere Reserve Foundation, natural
resource conservation groups, philanthropic organisations etc.
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Page 79 of 140Section 80
Page 80 of 140
e. Through existing mechanisms. such as Council's Responsible Dog Ownership
program, encourage dog owners in Known koala habitat areas to:
i. take active measures to reduce dog attacks on koalas through keeping dogs
constrained at night;
ii, encourage the keeping of small (under 7 kg) dogs instead of large dogs;
ili. | encourage dog-owners to be koala-aware when dogs are exercised on public
land.
CONSULTATION
Council consulted with key stakeholders and undertook a public consultation process with regard
to the development of this Koala Conservation Policy.
RELATED POLICIES AND LEGISLATION
. Australian Government Environment Protection and Biodiversity Conservation Act (1999)
. Australian Government Interim Koala Referral Advice for Proponents
. Koala-sensitive Design Guideline: A guide to koala-sensitive design measures for planning
and development activities (2012)
° Noosa Council Environment Levy Policy.
. Noosa LGA Pest Management Plan 2015-2019.
° Noosa Council Tree Management on Public Land Policy
° Qld Environmental Offsets Policy (2014)
° Qld Land Act (1994)
° Qld Local Government Act (2009)
. Qid Nature Conservation Act (1992)
. Qld Nature Conservation (Koala) Conservation Plan (2006)
° Qid Nature Conservation (Koala) Conservation Program (2006 - 2016)
° Qid Vegetation Management Act (1999)
° South East Queensland Koala Conservation State Planning Regulatory Provisions (2010)
. State Government Supported Community Infrastructure Koala Conservation Policy (2014)
. The Noosa Plan-Biodiversity Overlay and associated provisions.
DEFINITIONS
“Biodiversity” refers to the variety of all life forms - all the different plants, animals and micro-
organisms, and the ecosystems of which they are a part.
“Environment' refers to the use of the word to describe the natural (not man-made) environment
of the region and includes the natural ecological systems of air, water, soil and associated species
of flora and fauna.
“Strategic Biodiversity Corridors” are broad tracts of vegetated, cleared and partly cleared land,
extending across the Noosa landscape that consolidate or connect core habitat, and can occur
across private and/or public land.
“Strategic Offset Investment Corridors” are broad tracts of vegetated, cleared and partly
cleared land, extending across the Noosa landscape that consolidate or connect core habitat, and
can occur across private and/or public land which are subject to biodiversity/koala offsets.
Version control
Version Reason! Trigger Change (Y/N) Endorsed! Reviewed by Date
70 New Policy N Noosa Council 4 July 2015
Page 5 of 5
Page 80 of 140Section 81
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
8 WALLACE PARK FLYING FOXES
DOCUMENT INFORM AT ION
Author Principal Environment Officer, Peter Milne
Planning & Infrastructure Department
Index ECM / Subject / Fauna / Wildlife
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Principal Environment Officer to the Planning & Organisation
Committee Meeting dated 21 July 2015 and:
A. Engage an experienced consultant to develop a site based Flying Fox Management Plan
for Wallace Park Bushland Reserve and allocate $7,000 for its preparation at the next
budget review; and
B. Report the Flying Fox Management recommendations to a future Council meeting.
REPORT
Wallace Park Bushland Reserve is managed by Council’s Civil Operations-Natural Areas Team.
Council’s Environment Services (ES) Team also provides policy and planning support in relation
to the management of flying foxes in the Wallace Park Bushland Reserve. The ES Team also
currently responds to customer requests concerning flying foxes in Bushland Reserves, on behalf
of Natural Areas.
On the 26 June 2014, Council resolved to undertake the following flying fox management actions:
Continue to monitor the Wallace Park flying fox population;
Provide information on flying foxes to residents on request and through fact sheets;
Widen buffers between the flying fox colony and residents; and
Provide a dead or dying bat collection service
1. Monitoring of the Wallace Park Flying Fox Colony
Currently, ES informally monitors the Wallace Park colony on a weekly basis and the Department
of Environment and Heritage monitors the colony on a monthly basis.
In 2015, monitoring of the camp indicated that:
In February 2015, a large number of Little-Red Flying Foxes camped at Wallace Park and
left after several weeks.
Following this, Black and Grey-Headed flying fox numbers gradually increased, peaking in
number in May/June 2015. At the same time there was mass Melaleuca paperbark tree
flowering.
Flying fox numbers are now declining again as a consequence of local Melaleuca flowering
ceasing.
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Section 82
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
In 2014, the flying foxes followed a similar pattern, albeit earlier in the season.
It should be noted that it is not unusual for flying foxes to exist in the Noosa area. There is
normally a small population of 2,000 - 3,000 flying foxes, either at Wallace Park, Goat Island or
Weyba Creek. In 2007, a large number of flying foxes camped at Weyba Creek for three
seasons. Within the Shire there are flying fox camps at Cooran and Kinmond Creek, and there
are neighbouring camps in the Sunshine Coast and Gympie areas. It is highly likely that flying
foxes from these camps visit Wallace Park when food is locally available. Individual flying foxes
are known to constantly interchange camps across the east coast of Australia.
It is unknown whether large numbers of flying foxes will return to camps within Noosa, including
Wallace Park, in 2016. This will depend on the availability of their primary food source, the nectar
from flowering Eucalypt and Melaleuca trees.
2. Information and Education
Currently customer requests concerning flying foxes are managed by the Planning and
Environment Branch. The majority of these requests concern the Wallace Park Bushland
Reserve flying fox colony and occurred in May/June this year when flying fox numbers were at
their peak. In 2015, ES had a total of 27 registered concerns/complaints from eleven (11)
residents. There are sixteen (16) residents that share a common boundary with Wallace Park
and are at times in close proximity to the colony. However the majority of the
concerns/complaints were generated by residents not living immediately next to the flying fox
colony. Complaints concerned noise, smell, droppings and risks of infection from the flying foxes.
In 2014 and 2015 flying fox fact sheets were letterbox dropped to neighbouring residents and
there have been multiple Council media releases on the issue.
3. Widening of Buffers
As per the previous Council resolution of 26 June 2014, widening of buffers between residents
and the flying fox colony were initiated by the Natural Areas Team:
Northern pathway
In July 2014, vegetation overhanging the northern pathway on the road reserve was cleared to
increase buffers as flying foxes were overhanging the pathway and pedestrians were having to
walk under the bat colony. These works were largely completed and the $5,000 budget allocation
expended. The Noosa Parks Association and members of the local Wallace Park Bushcare
Group were consulted prior to works, but objected to the scale of these works, once
implemented.
Lewis Street and Sunrise Avenue, Tewantin
Further works are planned to widen and trim the fire trail buffer behind Lewis Street and Sunrise
Avenue, Tewantin subject to budget approval however the site is waterlogged. Under the State
Flying Fox Code of Practice, works cannot commence while the flying foxes are roosting on site.
Therefore, any works can only commence once the flying foxes have moved away. At times,
works can be undertaken at night when the camp is normally vacant. Night works are noisier for
residents and are more costly.
4. Dead or Dying Bats
On occasion, dead or dying bats are reported to Council. With populations numbering 30,000 at
times, the occasional dead bat is not unusual. Dead bats are collected for disposal by Council’s
Natural Areas Team or ES, or Flying Fox Rescue. Sick or injured bats are managed by Flying
Fox Rescue which has been the recipient of Council grant funding for this service.
Page 82 of 140
Section 83
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Of concern is the possibility of bats suffering heat stress during heat wave conditions. This
happened at Casino and Palmwoods in recent years where several thousand bats died.
Management of this situation would require a joint response between Council’s Environmental
Health, Natural Areas, Environment Services and Flying Fox Rescue.
5. Wallace Park Site-based Flying Fox Management Plan
Council has been receiving concerns/complaints regarding the Wallace Park flying fox colony
since January 2014. It is unknown if or when flying foxes will return in great numbers. As a
precaution it is proposed to develop a Site-based Flying Fox Management Plan for Wallace Park.
The management plan:
Would be developed by an independent consultant with expertise in flying fox
management;
Be prepared in accordance with current National, State and Local Government legislation,
policy and plans on flying fox management;
Involve consultation with neighbouring residents and key stakeholders;
Present different management options for flying fox management;
Provide options, recommended actions and an indication of likely costs for Council
consideration.
Initial advice received from such consultants indicates that a Site-based Flying Fox Management
Plan would cost approximately $7,000. The final Flying Fox Management Plan, including costs to
implement the Plan, would need to be brought to Council for consideration.
6. Timing
It is unknown if or when the flying foxes will return in large numbers, however any subsequent
approved works arising from the recommendations would need to be undertaken when there are
no flying foxes within the work site area. At the time of writing this report, the remaining flying
foxes are located to the east of the park (library side) and away from neighbouring residents. In
2014 and 2015 the flying foxes started arriving in January and February. Numbers peaked in
February (Little Red Flying Foxes) and then May/June (Black and Grey-headed Flying Foxes).
Funds would need to be allocated immediately to allow time for the consultant to complete the
Draft Flying Fox Management Plan, undertake consultation with residents and stakeholders,
bring the Flying Fox Management Plan, including recommendations and costs, to Council for
consideration, and deliver on any on ground works, prior to flying foxes returning in large
numbers, potentially in the New Year.
Previous Council Consideration
Ordinary Meeting 26 June 2014, Item 11, Page 5
That Council note the report by the Environment Officer to the Infrastructure & Services
Committee Meeting dated 17 June 2014 and:
A. Continue to monitor the flying fox population and provide information to residents on
request as outlined in Option 1; and
B. Resolve to undertake flying fox non-dispersal mitigation actions as outlined in Option 2A.
Page 83 of 140
Section 84
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Finance & Risk
Initially funds would need to be allocated immediately from the operating surplus with a further
review in the September BR1 for funding through operational savings.
The costs to implement a Wallace Park Flying Fox Management Plan, including operational
works, are not known at this stage.
Consultation
External Consultation - Community & Stakeholder
External community and stakeholder consultation to be undertaken through the development of
the proposed Site-based Wallace Park Flying Fox Management Plan.
Internal Consultation
Financial Services Manager, Wayne Jenson
Civil Operations Manager, Allan Hull
Coordinator Natural Areas, Michael Lyons
Cr Tony Wellington
Departments/Sections Consulted:
Community Services x Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
x Civil Operations
Environment
Executive Office x Corporate Services
Community Engagement x Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 84 of 140
Section 85
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Strategic Land Use Planning
9 PROPOSED PLANNING SCHEME AMENDMENTS
DOCUMENT INFORM AT ION
Author Principal Strategic Planner, Rowena Skinner
Planning & Infrastructure Department
Index ECM/Subject/Noosa Plan Amendments;
ECM/ Project/Noosa Plan 2014 Scheme Amendments
Attachments 1. State Interest Table
2. Community Engagement Plan
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Principal Strategic Planner to the Planning & Organisation
Committee Meeting dated 21 July 2015 and:
A. Agree to change the proposed amendments to the Planning Scheme in accordance with
the Minister’s instructions and as outlined in the report; and
B. Authorise the commencement of public consultation on the proposed Planning Scheme
amendments in accordance with the requirements of Statutory Guideline 02/14 Making and
Amending Local Planning Instruments.
REPORT
1. Background
In accordance with the requirements of the Sustainable Planning Act and Statutory Guideline
04/14 Making and Amending Local Planning Instruments the proposed Planning Scheme
amendments were forwarded to the Department of State Development Infrastructure and
Planning (DSDIP now the Department of Infrastructure Local Government and Planning DILGP)
and uploaded onto the State’s ePlan Portal on 10 September 2014. Separate letters to the
former Deputy Premier were sent from both the Mayor and the Chief Executive Officer seeking
his approval of the draft amendments for the purpose of community consultation.
A response from the DSDIP Regional Services was received on 21 October 2014 containing
whole of government comments on the proposed amendments. Comments largely related to the
need to:
incorporate new State mapping and further provisions for the water catchments and
associated SEQWater infrastructure;
incorporate new State mapping for agricultural areas;
further update flood hazard provisions to reflect State guidelines;
identify Matters of Local Environmental Significance or remove references to offsets;
clarify terminology and definitions for biodiversity;
provide further clarity in high order outcomes for the rural zone, tourism and water
infrastructure.
Staff addressed these matters and provided the State with a response.
Page 85 of 140
Section 86
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
On 19 June 2015 Council received advice from the Minister for Infrastructure, Local Government
and Planning that, once certain conditions have been met, she is satisfied the relevant State
Interests will have been integrated and that Council may then proceed to publicly consult on the
proposed amendments.
2. Changes required by the State
Comments and changes requested by the State are outlined below and in more detail within
Attachment 1 of this report. The State’s initial comments from October 2014 were divided into
Part A - State Interests; Part B - Legislative Requirements and Part C - Advice. Having
addressed many of these already, the Minister’s letter of June 2015 reinforced State Interests
and Ministerial Conditions.
Most of the requested changes have relatively minor implications for operation of the scheme.
The more significant changes are outlined below:
a) Reflecting the full list of State Interests
The State has requested that the State Interest of “Liveable Communities” and “Natural hazards,
risk and resilience” be added to the list of interim DA requirements which apply to the planning
scheme as listed in Part 2 Section 2.6.9 This has been done.
b) Agriculture and Agricultural Lands
The State has expressed a preference for Council to incorporate the State’s Agricultural Land
mapping in the planning scheme Natural Hazards Overlay. However the State’s mapping is
significantly different from Council’s own Agricultural Land Conservation Area (ALCA) and there
is some concern it overlaps with areas of biodiversity value and with the Lake Macdonald water
supply catchment. It has been agreed Council will review our position on agricultural land ahead
of the next planning scheme and determine a locally appropriate methodology to verify
agricultural lands.
Other State requests of relevance to agriculture relate to deletion of the phrase “strategic
cropping land” and removal of references to “good quality agricultural land” except where
explicitly linked to our mapped Agricultural Land Conservation Area. These requests have been
accommodated.
c) Water Quality & Water Infrastructure
The State has requested various changes regarding protecting water quality and water supply
infrastructure.
The shape of the Lake Macdonald water supply catchment is to change slightly to reflect the
State’s Water Supply Buffer Area as shown on the State Planning Policy Mapping. The State has
requested a buffer to the Mary River drinking water supply also be included on the Natural
Resource Overlay Map and that it be protected in the same way as the Lake Macdonald and
Cedar Pocket Dam water catchments.
This has an impact on rural lands along the western edge of the Shire from approximately the
Bruce Highway in the north to the southern boundary of the Shire (175 newly affected
properties). As all new agricultural uses or home-based businesses are code assessable within
the Water Supply Catchment, it somewhat counteracts the proposed amendments seeking to
reduce regulation on starting new farming or value adding enterprises.
Page 86 of 140
Section 87
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
A new specific outcome is to be added to the Natural Resource Code to specify “the Mary River
drinking water intake is not adversely affected by development or the effects of development”. A
new specific outcome requires that “Development in water supply buffer areas is undertaken in a
manner which contributes to maintaining and improving the water quality in those catchments”
and the applicable solution would be that “Development complies with the Seqwater
Development Guidelines: Development Guidelines for Water Quality Management in Drinking
Water Catchments”.
It has also been requested that the Lake Macdonald water treatment plant and the water pipeline
be mapped and protected. The following is to be inserted into the DEOs to protect bulk water
assets:
Existing and future bulk water infrastructure and corridors are protected from development that
would compromise the corridor integrity, and the efficient delivery and functioning of the
infrastructure. Bulk water supply infrastructure is protected from encroachment from sensitive
uses.
A new overall outcome is added to the natural resources overlay code at Section 13.42.2 to
ensure development in proximity to existing bulk water supply infrastructure and corridors does
not compromise the delivery and functioning of infrastructure nor lead to encroachment by
incompatible uses.
Additionally, a request has been made that camping in the water supply catchments or that at
least it be assessed and conditioned and therefore no self-assessable RV parking could occur in
the catchment areas. Applications for camping and RV parking in the water supply catchments
instead would be considered as code-assessable.
The State has requested that camping be set back no less than 400 metres from the upper flood
margin of Lake Macdonald, 100 metres from the bank of a permanent watercourse and 50m from
the bank of an intermittent water course where located in the water supply buffer area.
d) Biodiversity
The State has asked that Council clarify matters relating to environmental offsets. Specifically,
the State has asked that the planning scheme identify Matters of Local Environmental
Significance as separate from Matters of State Environmental Significance, or alternatively
remove references to environmental offsets throughout the Noosa Plan. This is to prevent any
confusion about which level of government is required to deliver environmental offsets.
Matters of Local Environmental Significance (MLES) are likely to be mapped in the new planning
scheme following comprehensive updates to Council’s biodiversity studies. In the meantime, the
mapping of MLES in the current scheme is not considered necessary based on the information
available. Instead, amendments have been made to the Biodiversity Overlay Code (and the
DEOs) to make it clear that environmental offsets are restricted to the State offset areas for koala
habitat. Additional koala offset areas will be investigated as part of the new scheme preparation.
To help protect biodiversity and ensure suitable replacement plantings are provided as part of
proposals involving clearing, the provision in the Biodiversity Overlay Code for ‘Replanting and
Replacement’ is proposed to be amended to read:
Vegetation removed is replaced with -
a) plantings of equivalent area that replicate the floristic structure of the vegetation removed;
or
b) where this is not possible due to the characteristics of the site and the development,
plantings twice the number of the removed trees and plants of local origin.
Page 87 of 140
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
A new map showing updated Koala Habitat is to be included as Schedule 7, showing the general
extent of known and potential habitat to support the provisions of the Biodiversity Overlay Code.
e) Bushfire Mapping
New bushfire mapping has been prepared by the State and reflects a more rigorous methodology
than in the past. Staff have been working with the State to help verify its accuracy and ensure its
suitability for the planning scheme. The mapping is proposed to replace the existing bushfire
hazard mapping in the Natural Resources Overlay.
Some minor amendments have also been made to the Natural Hazards Overlay Code for
bushfire to align with the new mapping terminology.
f) Priority Infrastructure Plan & Charges
The State has requested removal of water supply and sewerage provisions (i.e. standards of
service, plans for trunk infrastructure) and mapping from the Priority Infrastructure Plan (PIP) and
for these details to be replaced by references to the Unitywater Water Netserv Plan.
Staff agree that these changes should be completed now to reflect the current water and
sewerage arrangements as this would be helpful in avoiding any potential conflict between the
PIP and the Unitywater Water Netserv Plan.
In addition the Minister opposed proposed amendments in use codes that requested new
infrastructure be delivered “at no cost to Council” and this phrase has therefore been deleted.
3. Procedural Requirements
The process for making or amending a planning scheme is set out in Statutory Guideline 04/14.
Having now completed the Planning and Preparation and the State interest Review the next step
in this process is Public Consultation. This step, including mandatory timeframes can be
summarised with the following figure.
Minister reviews the
information and
Council considers each Council provides decides whether or not
Council carries out
properly made proposed Council may proceed to
public consultation
submission and decides Amended planning adopt the proposed
about the proposed
whether or not to make scheme (with Planning scheme
amendments and the
changes to the or without changes) amendments (with
community provide
proposed amendments and supporting or without conditions)
submissions
in response to information to the or undertake other
(min 30 business days)
submissions. Minister actions that may be
required
(max 40 business days)
4. Communications Plan
In accordance with Council’s policy a Community Engagement Project Plan has been prepared,
that should ensure not only the statutory obligations are met, but that any affected or interested
persons have the chance to make informed comments on the proposed amendments. This plan
is provided as Attachment 2.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 21 JULY 2015
Should Council adopt the recommendations of this report, consultation could commence on
Thursday 13 August 2015 (official first day would be Monday 17 August 2015). The material
would remain on public notice until Friday 2 October 2015. Staff would then aim to report
submissions back to Council in November 2015.
Various communication tools will be used including formal public notice and feature ads, media
releases, direct correspondence, social media and online material. ‘Your Say Noosa’ will also be
used.
Previous Council Consideration
At the Ordinary Meeting of 28 August 2014 Council resolved to amend the Planning Scheme for
the Shire of Noosa and write to the Minister for State Development, Infrastructure and Planning
requesting a State Interest Review of the proposed amendments and the Minister’s approval for
Council to commence public consultation on the proposed amendments.
Council gave specific consideration to Koala habitat protection following a report of 26 May 2015
and at the ordinary meeting of 4 June 2015 agreed to proposed amendments to bring the
scheme in line with State requirements for koala habitat protection and koala offsets, and include
a new koala habitat area map into The Noosa Plan to identify koala habitat that needs
consideration as part of development applications involving vegetation clearing.
Finance & Risk
Nil.
Consultation
External Consultation - Community & Stakeholder
Planned consultation is addressed in Section 3 above and in Attachment 2.
Preliminary consultation on proposed scheme amendment issues was carried out in the first half
of 2014 and there has been ongoing consultation with State Agencies throughout the process. A
number of elements of the proposed amendments have received media attention since early
2014, prompting enquiries and comment from the community.
Internal Consultation
Branches directly affected by the planning scheme and proposed amendments have been
involved in the process to date. Discussions with the Community Engagement team have
occurred. As preparation for public notification advances Customer Service and Library staff will
be briefed as necessary.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order X Building & Plumbing Services
Waste & Environmental Health X DA Planning
Community Facilities X Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
X Environment
X Executive Office Corporate Services
X Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 89 of 140
Section 90
ATTACHMENT 1
Page 90 of 140
ATTACHMENT 1
Department of State Development, Infrastructure and Planning
State interest review — Part A (State interests)
Statutory guideline 02/14 Making and amending local planning instruments — Step 6
Noosa Shire Council
The Noosa Plan major amendment
September 2014
This document has been prepared to enable officers of local and state government to consult on a proposed planning scheme or amendment, to satisfy
Chapter 3, Part 5 of the Sustainable Planning Act 2009 (SPA).
State interests are matters that are articulated through a state planning instrument, including regional plans and the state planning policy (SPP). The
Department of State Development, Infrastructure and Planning (DSDIP) is the coordinating agency responsible for overseeing the state interest.
State interest as defined by SPA as—
¢ a designated region's regional plan;
e a state planning regulatory provision:
e the matter about which a state planning policy is written;
¢ aninterest that the Planning Minister considers affects an economic or environmental interest of the state or a part of the state, including
sustainable development; or
e an interest that the Planning Minister considers affects the interest of ensuring there is an efficient, effective and accountable planning and
development assessment system.
teh
Wiss %
Great state. Great opportunity. Version 3.0 - July 2014 pes
Queensland
Govemment
Page 90 of 140Section 91
Page 91 of 140
Part A—State interests
Table 1—Planning for liveable communities and housing
Liveable communities
Potcy Element [Requrement = ___| Gate Stat Comment
Planning delivers Planning Scheme Reference: Part 2, 2.6 Determining assessment Done as requested
liveable, well- under the planning scheme, 2.6.9 SPP interim DA requirements
designed and
serviced communities | Action: |f council intend on listing interim DA requirements, all interests
that support wellbeing | should be added. The Noosa Plan has not been signed off by the Minister
and enhance quality as reflecting any part of the SPP July 2014.
of life.
Add;
e Liveable communities
Reason: Under the SPP, all of the interim DA requirements apply to the
Noosa Plan. The interests should be listed as they appear in the SPP,
Table 2—Planning for economic growth
Agriculture
Fiat Element Requirement Council Staff Comment
Number Policy equireme! unc comme
Protecting Agricultural | Planning Scheme Reference: Natural resources overlay map, natural | While the State would prefer we mapped their
Land Classification resource overlay code, 13.42.2, overall outcomes, Part (a) (i), (ii) and (iii) | Agricultural Land Class (ALC) Class A & Class B we
{ALC} Class A and other non-amended parts of the planning scheme (e.g. — Division 2, | have sought to hold this change over to the next
and Class B land for Agricultural uses code, Part 3 — Desired environmental outcomes, 3.1.3 | planning scheme because it represents a significant
sustainable (a) agriculture uses, page 3-1) difference from the Agricultural Land Conservation
agricultural use Area (ALCA) within the Noosa Plan, would affect
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