Council Report MCU19 0117 · MCU19/0117

mcu19/0117 – development application for a material change of use for visitor accommodation – type 3 rural at 500/90 beach road, noosa north shore

Document information

Author	Development Planner, Tara Norley
Environment and Sustainable Development

Index	ECM / Application / MCU19/0117

Attachments	1.	 Proposal Plans
2.	 Wave Pool & Wing Pump Buildings

APPLICATION DETAILS
Applicant	Teatree Property Pty Ltd c/ Pivotal Perspective Pty Ltd
Proposal	Material Change of Use - Visitor Accommodation - Type 3 Rural
Properly Made Date	23 September 2019
Information Request Date	23 October 2019
Information Response Date	31 January 2020
Decision Due Date	21 August 2020
Number of Submissions	Two
PROPERTY DETAILS
Property Address	Beach Road Holiday 500/90 Beach Road, Noosa North Shore Qld 4565
RP Description	Lot 500 on SP215779
Land Area	148,700m²
Existing Use of Land	Vacant
STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Locality	Noosa North Shore
Zone	Visitor Mixed Use
Overlays	Biodiversity (Environmental Protection Area) Natural Hazard (Bushfire, Acid Sulfate Soils) Koala Habitat Areas
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 9 June 2020 regarding Application No. MCU19/0117 for a Development Permit for Material Change of Use - Visitor Accommodation - Type 3 Rural, situated at Beach Road Holiday 500/90 Beach Road, Noosa North Shore and:
A.	Refuse the application for the following reasons:
The proposed development is not for Visitor Accommodation - Type 3 Rural as defined under the Noosa Plan because:
a Detached house and Entertainment and Dining Business Type 2 Recreation, amusement & fitness are proposed on the site;
alternatively a Detached house and an undefined use is proposed;
the proposed lagoon/wave pool does not constitute an ‘ancillary use’; and
the proposal does not have a direct connection with the environmental or scenic values of site.
The proposed development is for:
a Detached house, being an inconsistent use in the Visitor Mixed Use Zone under the Noosa North Shore Locality Plan and requiring impact assessment; and
Entertainment and dining business - Type 2 Recreation, amusement & fitness, being an inconsistent use in the Visitor Mixed Use Zone under the Noosa North Shore Locality Plan and requiring impact assessment or
Alternatively an undefined use requiring impact assessment.
The proposal does not comply with the Strategic Framework and Community Vision or the Desired Environmental Outcomes of The Noosa Plan for visitor facilities and tourism in Noosa, as:
the proposed accommodation does not support a range of accommodation styles on the Noosa North Shore, is limited to one dwelling unit and is likely to undermine the planning scheme’s strategy to limit visitor accommodation on the Noosa North Shore to key identified sites contrary to 1.7.8 c) of the Strategic Framework and 3.1.3 k) of the Desired Environmental Outcomes; and
the proposed lagoon/wave pool is at odds with the natural setting, is not low key and does not facilitate education and interpretation of the natural environment, and instead relies on built infrastructure as the tourist attraction contrary to 1.7.8 d) of the Strategic Plan and 3.1.3 k) of the Desired Environmental Outcomes.
The proposal does not comply with the Overall Outcomes a), e), g), h), r), s), u), and oo) and Specific Outcomes O1 and O9 of the Noosa North Shore Locality Code, as the proposal:
is not directly related to recreational experiences offered in the locality, which are based around the area’s natural environment;
is not consistent with maintaining the locality’s remote setting and undeveloped character being an area largely dedicated to conservation;
is likely to adversely impact on the amenity of visitors and residents on the Noosa North Shore;
is not secondary to its open space setting with a very low intensity and scale of operation;
will undermine the ability of the North Shore to offer visitor accommodation;
is likely to require a large number of water tankers to initially fill and continue to top up the wave pool which will impact on other ferry users and residents along the road access; and
would result in significant adverse impacts on biodiversity, native vegetation, native fauna habitat, landscape quality, and ground water quality as a result of clearing, excavation and waste water disposal.
The proposal does not comply with the Overall Outcomes a) and c) and Specific Outcomes O3,  and O35 of the Visitor Accommodation Code, as the proposal:
is not of a scale and nature complementary and respectful to its surroundings, has not been designed to integrate with the natural landscape setting and will result in adverse environmental impacts;
is not compatible with and does not promote the natural environment.
The proposal does not comply with the Overall Outcomes a), b) c), d) and g) and Specific Outcomes O1, O3, O4, O7, O8, O11, O14, O15, O16, O18 and O19 of the Biodiversity Overlay Code, as the proposal would result in significant adverse impacts on the natural environment as a result of:
clearing 1.24 hectares of threatened species habitat of high value regrowth vegetation;
the potential to pollute a wetland with high ecological values through waste water disposal.
The development proposal is inconsistent with the 2020 Noosa Plan, in which the land is zoned tourist accommodation, the provisions of which seek to restrict the subject land for visitor accommodation and to preserve the amenity of the area and natural vegetation in a similar manner to the 2006 Noosa Plan.
Since the time of lodgement of the development application the State mapping has been updated, the subject land being now mapped as a koala priority area and core koala habitat area in which development is prohibited under the Planning Regulation 2017 to the extent it interferes with koala habitat.
There is no significant economic or town planning need for the proposed development.
There are no discretionary matters which would warrant approval of the proposed development.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The application seeks approval for a Material Change of Use for Visitor Accommodation – Type 3 Rural. The proposal includes a 327m2, two storey, 2 bedroom dwelling and a 4,000m2 lagoon/wave pool. The dwelling, located in the south western corner of the site, includes living spaces, a games room and two bathrooms on the ground floor, and two bedrooms, two ensuites and a kitchen/living area on the upper level.
The proposed lagoon/wave pool will cover an area of approximately 4,000m2, and is located in the south eastern corner of the site, approximately 180 metres from the proposed dwelling. The proposed lagoon/wave pool is to be accessed from the dwelling by vehicle via the existing bushfire access track, or by foot via an existing walking track through the bush. The applicant states that the lagoon/wave pool is for the use of guests of the dwelling only, and is not proposed to be opened up to the general public for use.
The applicant advises that the dwelling will accommodate up to 12 people at a time and there will be a maximum of 12 people permitted on the site at any time. It is noted however that the dwelling is two bedrooms only.
The application material did not include detailed design plans specific to the proposed design of the wave pool for assessment, rather plans for ‘a similar designed lagoon’ were lodged with the application material.
The application material states that the lagoon/wave pool will initially be filled by rainfall and supplemented by water tanker, with the pool levels to be maintained via two 280,000 litre water tanks (one to top up the lagoon/ wave pool, one for overflow to drain in to). The pool will vary in depth from 0 metres to 1.5 metres, and is proposed to be contained within walls approximately 2.0 metres in height in order to retain the proposed wave. The facility will also be fenced as per the requirements for pool fencing under the Building Act.

Figure 1: Locality

Figure 2: Site Plan

Figure 3: Extract of Site Plan

Figure 4: Ground Floor Plan

Figure 5: First Floor Plan

Figure 6: Elevations
site details
Background
Previous Approval
The subject site was previously part of a greater, master planned development, including the adjoining lot to the east and lots to the west of the site (refer to Figure 7). In October 2004, Council issued a Preliminary Approval for a Material Change of Use for Development in accordance with the ‘Noosa North Shore Eco-Tourism Portal Development Code’ (Portal Code) (132003.221037), which allowed for a four stage development supporting visitor accommodation for up to 400 persons and associated services on the master planned site. The Portal Code overrode the provisions of the superseded 1990 Planning Scheme (the Scheme prior to the current Noosa Plan), and required further applications to be lodged for each stage of the development for assessment against the Portal Code.

Figure 7 – Land area subject to the original master planned Preliminary Approval
The site was subdivided in 2007 in accordance with the Portal Code, creating eastern and western visitor precincts, with the remaining site area dedicated as conservation land in the form of two separate lots (refer to Figure 8).
The subject site and adjoining lot to the west, known as Noosa North Shore Beach Houses, form the eastern visitor precinct (refer to Figure 8). Noosa North Shore Beach Houses were developed with 48 visitor accommodation cabins in 2007. The subject site was proposed to be developed in 2008 as stages 3B and 4, and was to include a total of 42 holiday homes.

Figure 8 –Precincts created by the Preliminary Approval
In October 2008 the original developer, Petrac Company, went into liquidation and receivers were appointed to the Noosa North Shore Project.  Since that time, the remaining undeveloped parcels of land, including the subject site, have been sold to individual entities. In October 2014, the Preliminary Approval over the site lapsed, and as such, The Noosa Plan supersedes the Portal Code as the document against which development on the subject site is to be assessed.
Pre-lodgement Meeting
The applicant attended a Pre-lodgement meeting with Council in 2017 to discuss a proposed Visitor Accommodation – Type 3 Rural and Open Space – Type 1 Sport and Recreation development on the subject site. The proposed Visitor Accommodation use was ‘…anticipated to develop the beach houses (stages 3 and 4) at a similar density to what was previously approved on the site’, whilst the proposed Open Space use included:
‘an active recreation use (wave pool), taking up a maximum of 2 hectares of area, with the final design to be configured subject to installer requirements.
‘…for use predominantly by visitors staying at the visitor accommodation beach houses and some restricted use by the public. It is anticipated there will be 2-3 paid maintenance and staff supervising the pool.’
The applicant was informed through the pre-lodgement process that the proposed wave pool was contrary to the outcomes sought for the site and the Noosa North Shore.  A number of issues were raised with the applicant during the meeting including:
The proposed tourist attraction is at odds with the natural wilderness setting of the Noosa North Shore where any tourist activities are to be low key and nature based.
The proposal’s impact on the site’s environmental values as the wave pool would require extensive clearing of significant vegetation and earthworks to construct.
The proposed wave pool would likely result in significant waste waters and concern is raised about appropriate treatment and the volume of water.
The size of the wave pool would likely require a large number of trucks to fill initially impacting on the ferry, other users of the ferry and residents/visitors to the Noosa North Shore, albeit temporarily although the timeframe is unknown.  Similarly ongoing topping up of the wave pool may also have similar ongoing impacts.
Further information is needed to understand the potential noise impacts to nearby visitor accommodation from any mechanical equipment used to generate the wave action.
Site Description
The subject site is a 14.85 hectare irregular shaped lot, with a gentle slope from west to east. The site is encumbered by a 3.8 hectare easement in the northern portion of the lot, created for the purposes of treated effluent disposal associated with the Noosa North Shore Retreat and associated properties on the northern side of Beach Road (Easement A on SP207336. The subject site contains a storage shed and water tanks in the northern portion of the lot, and the lot is heavily vegetated. A 20m wide cleared access / bushfire hazard reduction track runs along the eastern and southern boundary of the site. The site is mapped as containing biodiversity and koala habitat. The vegetation on the site is classified as Category C high value regrowth vegetation, and the vegetation community is in good condition, with limited weed incursions. The surrounding Regional Ecosystem is habitat for threatened species, including Glossy Black Cockatoos, koalas, wallum rocketfrog and swamp crayfish.
Surrounding Land Uses
The subject site is bordered to the west by the Beach Road Holiday Homes development, comprising 48 eco-cabins offering short term visitor accommodation. To the immediate east is the Beach Road Bushland Reserve, whilst further to the east and south of the site is the Great Sandy National Park. On the northern side of Beach Road is the Noosa North Shore Retreat, providing short term visitor accommodation in a range of styles. The site is a 2 minute drive from the Noosa North Shore Ferry and 3 minute drive to the beach (first cutting).
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Regional Landscape and Rural Production area of the SEQ Regional Plan. This designation protects natural assets and land from inappropriate development, particularly urban or rural residential development. The proposal does not trigger assessment under Schedule 10, Park 16 of the Planning Regulation 2017 in relation to development in SEQ regional landscape and rural production area, due to the limited gross floor area proposed for the development.
Planning Regulation 2017
At the time of lodgement of the application, the proposal did not trigger any assessment under the Planning Regulation 2017.
Changes to planning framework – South East Queensland Koala Conservation Strategy 2019 - 2024
It is noted that since the lodgement of this application, the Queensland Government has released new koala habitat mapping for South East Queensland to support the implementation of the South East Queensland Koala Conservation Strategy, and amended koala conservation protections within the planning framework. This mapping replaces previous koala assessable development area mapping. Under the new mapping, the subject site is now mapped as a Koala Priority Area and Core Koala Habitat Area (refer to Figure 9). On 7 February 2020, development interfering with koala habitat in koala priority areas and koala habitat areas became prohibited development under the Planning Regulation 2017. This means that an application for the proposed development could not be lodged today.

Figure 9: Planning Regulation 2017 Koala Habitat Mapping (from 7 February 2020)
Statutory Instruments – Planning Scheme
The subject site is located in the Noosa North Shore Locality under The Noosa Plan and is zoned Visitor Mixed Use. Visitor Accommodation Type 3 – Rural is a consistent use within the Visitor Mixed Use zone, requiring an impact assessment application process.  As such, the application must be assessed against the whole of The Noosa Plan to the extent the provisions are relevant to the development.
Proposed Use
Dwelling
‘Visitor Accommodation Type 3 – Rural’ under The Noosa Plan is defined as:
The use of premises for short-term accommodation where accommodation has direct connection with the rural production, environmental or scenic values of the premises. The use includes a cabin park, guesthouse or retreat located in a rural setting and host farm offering rural experiences.
The proposed use is not considered to comply with the definition of ‘Visitor Accommodation Type 3 – Rural’, as the proposal is for a single detached dwelling and does not include ‘a cabin park, guesthouse or retreat located in a rural setting and host farm offering rural experiences’.
The proposal does also not have a direct connection with the environmental or scenic values of the premises, with the proposed dwelling proposed in association with a mechanical wave pool.
The proposed dwelling unit is better defined as a Detached House:
Detached house means the use of premises for a single dwelling unit which comprises the whole of the building on one lot. The term includes uses and works incidental to and associated with the detached house. The term includes the temporary use as a display home or removal home. The use may include a secondary dwelling not exceeding 65m2 in area. The use is not divided further.
The original application material included statements from the applicant that the dwelling would be used by the owner ‘for himself and family for short stay accommodation’ and that the owner ‘does not intend to let the house out into the letting pool’.
The applicant was informed through the Information Request process that Council officers consider the use to be a Detached House. Within the Visitor Mixed Use Zone under The Noosa Plan, a Detached House is identified as an inconsistent use. The applicant responded to the Information Request stating the dwelling ‘would be used for no more than 3 months consecutively by the owner and his family. Outside of these times, the building would be rented out to private individuals wanting to stay at the house and use the lagoon’.
Under The Noosa Plan, a Detached House can be utilised for either short-term or permanent accommodation, so therefore may still be utilised as visitor accommodation in an appropriate location.
Lagoon/Wave Pool
The proposal also includes a 4,000m2 lagoon/wave pool as an ‘ancillary recreation use’ to the dwelling. It is considered however, that the lagoon/wave pool will be the main attraction for visitors to the site, and therefore is not considered ancillary to the proposed dwelling unit. The proposed lagoon/wave pool also does not have any direct connection with the environmental or scenic values of the site, as required by the definition of ‘Visitor Accommodation Type 3 – Rural’ under The Noosa Plan.
‘Ancillary uses’ under the planning scheme refers to uses ancillary to the lawful use on the site. The term ‘ancillary’ is defined by The Noosa Plan as:
‘Ancillary means associated with, but incidental and subordinate to’
The proposed 4,000m2 lagoon/wave pool is not incidental and subordinate to the dwelling proposed. As such, the lagoon/wave pool is a separate land use, and is more appropriately defined as Entertainment and dining business - Type 2 Recreation, amusement & fitness:
Entertainment and dining business means the conduct of a business activity, where entertainment, amusement, recreation or meals are afforded. The term includes the following types:
Type 2 Recreation, amusement & fitness: The use of premises involving recreation or amusement activities, including cinema, health & fitness club, gym, sport activity or brothel.
Alternatively, the use may also be considered an ‘undefined use’.
As the lagoon/wave pool does not meet the definition of ‘Visitor Accommodation Type 3 – Rural’ or constitute an ancillary use as defined under the planning scheme, the development is proposing two separate uses on the site. Under The Noosa Plan, an Entertainment and dining business - Type 2 Recreation, amusement & fitness use within the Visitor Mixed Use Zone or an ‘undefined use’ is an inconsistent use and would be required to go through an impact assessment process.
The applicant was informed through the Information Request process that Council officers do not consider the lagoon/wave pool to be incidental and subordinate to the dwelling, and that it is a separate use, and that the applicant has lodged the application for an incorrect use type. An application for a Material Change of Use for a Detached House and Entertainment and dining business - Type 2 Recreation, amusement & fitness, or alternatively, for an ‘undefined use’ is required. An Operational Works permit would also likely be required for the works necessary to construct the lagoon/wave pool.
Strategic Framework
The Strategic Framework and Community Vision of The Noosa Plan outlines the overall vision sought by the community of Noosa Shire by 2021 in regards to visitor facilities, including:
1.7.8 	Visitor Facilities
c) 	A Visitor Mixed Use Zone also applies to the holiday accommodation centre in Beach Road, Noosa North Shore. This site will continue to provide a range of accommodation styles and commercial services to visitors to the Noosa North Shore area, though limited expansion is intended.
d)	Visitor attractions throughout Noosa Shire continue to be focused on natural assets such as the beaches, national parks, watercourses and foreshore parks. Other attractions such as the lakes, mountains, trail network and coloured sands assist in decentralising visitor activities away from the south-east corner of the Shire and offering visitors different experiences.
The relevant Desired Environment Outcomes for the Noosa Shire under The Noosa Plan are as follows:
k) TOURISM
A tourism industry is developed and sustained by—
i. 	being based on Noosa Shire’s natural assets including the subtropical climate, the beaches, watercourses and foreshores, National Parks and bushland;
v. 	contributing to the economic wellbeing of Noosa Shire;
vi. 	providing educational or learning experiences that promote or enhance understanding of environmental or cultural heritage values and farming practices;
vii. 	benefitting local residents and enhancing residential amenity;
vii. 	development being supported appropriate infrastructure and services;
ix. 	achieving ecological, economic and social sustainability;
x. 	upholding Noosa Shire’s international recognition for innovation and ecological sustainability;
xi. 	retaining a range of visitor accommodation choices including camping grounds, caravan parks, backpacker hostels, hotels, motels, resorts, B&Bs, guesthouses and serviced apartments;
xiii. 	recognising visitors often base their holidays on outdoor recreation activities including swimming, fishing, camping, surfing, four wheel driving, bush walking, horse riding, cycling and boating;
xiv. 	tourism development facilitating education and interpretation of the natural environment, culture and traditions of Noosa Shire;
Careful management of land use is considered to be of critical importance on the Noosa North Shore. The subject site is identified as one of only five dedicated undeveloped visitor accommodation sites left in Noosa Shire, and one of only two sites specifically dedicated to low impact visitor accommodation on Noosa North Shore. The inclusion of this site into a specially zoned site for visitor accommodation recognises the site’s importance in providing for future visitor accommodation and the provision of a mix of visitor accommodation types and tourist experiences. The development of the site for a single dwelling only is not consistent with the outcomes sought for the site to support Noosa’s tourism economy.
The planning scheme’s intent for tourism within the Shire is also to encourage tourism based on Noosa’s natural assets (the climate, the beaches, National Parks and bushland etc) and/or providing educational or learning experiences that promote or enhance understanding of Noosa’s environmental values. The site has key environmental attributes and potential for providing a unique visitor experience, consistent with Noosa’s sustainability values, however these attributes are not being fully utilised by the proposed development, instead relying on built infrastructure as the main drawcard to the site.
As such, the proposal does not achieve the overall vision and desired environment outcomes sought for the Noosa Shore under The Noosa Plan in regards to visitor facilities and the tourism industry.
Noosa North Shore Locality Code
The proposal is required to accord with the Outcomes of the Noosa North Shore Locality Code. The relevant Outcomes are stated and discussed below.
Overall Outcomes
New uses and works are located, designed and managed to—
be compatible with other uses and works;
maintain the safety of people and works;
avoid significant adverse impacts on the amenity enjoyed by users of other premises, including acoustic and visual qualities; and
avoid significant adverse effects on the natural environment, including native habitat removal, fragmentation and attrition;
Development is secondary to and dominated by its open space setting with a very low intensity and scale of operation;
Maintenance of the locality’s remote setting and undeveloped character are achieved by—
a priority emphasis on conservation outcomes for the locality;
ferry access;
limited standards of access across the locality;
avoiding the construction of a vehicular bridge across to the Noosa North Shore;
retention of existing vegetation with clearing kept to a minimum;
ecologically sustainable management of recreational visitors and activities; and
development areas limited to existing pattern, with no increase in the number of privately owned lots; and
visitor accommodation and services are limited to existing type and scale; including general store, hotel, caravan park, camping grounds and built accommodation;
The locality maintains its substantially natural state, with little effect from development;
Noosa North Shore offers accommodation for visitors to the locality in two areas:-
the campground located on the beachfront; and
accommodation located east of Lake Cooroibah off Beach Road;
The scale and form of buildings and other structures are—
closely related to the setting and existing buildings;
designed to be responsive to the informal coastal and riverside character of the locality;
integrated into the landform and landscape; and
consistent with the amenity and safety expectations of the community;
Development offering Visitor accommodation and services is low key to avoid changes to the character as a result of excessive visitor numbers and adverse environmental impacts from over-use;
For the Visitor Mixed Use Zone - Visitor accommodation with associated Business Uses serve visitors to the locality; where -
they are located within the existing allotment developed for Visitor accommodation and Business Uses with no further subdivision;
they continue to provide the same level of accommodation and business services as existing;
the premises are low impact, low density development forms of domestic scale;
development has a distinct open space feel, reflecting the seclusion and values of the Noosa North Shore; and
the commercial attractions established at the sites are related to recreational experiences offered in the locality.
Specific Outcomes
O1 	Uses are located, designed and operated to avoid significant adverse changes to the light, air quality, noise, accessibility or other conditions enjoyed by users of associated, adjoining or nearby uses.
O9 	There are no significant adverse effects on biodiversity, native vegetation, native fauna habitat, landscape quality, water quality or cultural heritage values, including those related to -
a) 	changes to natural drainage;
b) 	disturbance of the dune system and wetland system;
c) 	management of fire risk;
d) 	erosion and the transport of sediments off site;
e) 	unmanaged public access;
f)	effluent disposal;
g) 	changes to fauna habitat and behaviour; and h) disturbance of buildings and features, including natural features, of cultural heritage significance
The proposal does not achieve the above relevant Outcomes of the Noosa North Shore Locality Code. The inclusion of a 4,000m2 lagoon/wave pool is not ‘low key’, and has the potential to result in adverse amenity and environmental impacts throughout the construction process.
The lagoon/wave pool is not low impact or of a domestic scale, and is not directly related to recreational experiences offered in the locality, which are based around the areas natural environment. The proposal is not consistent with the amenity expectations of the community, which anticipates that the area will retain its primary role as a coastal area largely dedicated to conservation, where development is secondary to and dominated by its open space setting, with a very low intensity and scale of operation. In addition, the development does not promote the natural environment of the area, instead relying on built infrastructure as the main attraction.
Vegetation Removal
The application material included an Ecological Assessment Report, which states:
A total of approximately 1.3ha of vegetation mapped as an Environmental Protection Area under Noosa Plan 2006 is proposed to be cleared/modified to locate the lagoon and the proposed new dwelling inclusive of bushfire safety setbacks to achieve a BAL 29 AS 3959:2018 construction Standard (12m APZ).
Approximately 0.15ha is required to be cleared to accommodate the new dwelling unit.
Approximately 1.15ha of vegetation mapped as an Environmental Protection Area under Noosa Plan 2006 and Category C vegetation under the VM Act 1999, is proposed to be cleared to accommodate the lagoon.
This calculation is based on the lagoon footprint only and has not considered additional vegetation which may require clearing to provide construction access and working areas outside of the lagoon footprint.
The proposal to clear 1.3 hectares of threatened species habitat of high value regrowth vegetation would result in significant adverse effects on the biodiversity, native vegetation, native fauna habitat and landscape quality of the site. Visitor accommodation on the site is expected to integrate with the landscape and retain existing vegetation with limited clearing.
Noise
The application material included an Environmental Noise Level Impact Assessment. Noise generating components of the proposal include people, pumps and the blowers used to generate the waves. It is noted that the noise data used for the Assessment was not specific to the design of the lagoon/wave pool proposed on the site, and as such, the accuracy of the data cannot be verified. The report states:
The blower source noise data was extracted from a report prepared for a wave lagoon (believed to be of similar size) at Palm Springs, California.
To be able to operate the wave lagoon from 0500 to 2200 hours daily, based on the source noise data available to the consultant at the time of preparing this report, all plant and equipment must be located inside a concrete structure (or equivalent) with a minimum Rw 50. Whilst it is most likely that the wave lagoon will only be used during daylight hours, this could be as early as 0500 hours in the summer. There is also a small likelihood that the wave lagoon could be used during the evening, up to 2200 hours.
It is noted that the noise report has been produced based on information for a lagoon/wave pool ‘believed to be of a similar size’ as the proposal, and as such, is not specific to the pumps that will be used for the proposal. In addition, the report states that in order to comply with noise levels for the locality, the plant and equipment will need to be located inside a concrete structure. The proposal suggests the pump house will be in the ground to a depth of 5m, requiring excavation within an environmentally sensitive area.
Council’s Environmental Health Coordinator has reviewed the Environmental Noise Level Impact Assessment, and has stated that noise pollution will be generated from various sources related to the lagoon/wave pool, including mechanical plant noise, car-park related noise, human noise (e.g. shouting, laughing and screaming), and music/noise from external sound systems. The Environmental Noise Level Impact Assessment provided takes into account only mechanical and human noise. As such, the calculations in the Assessment do not account for all noise sources related to the lagoon/wave pool, and that it is likely that actual noise, when calculated during operational times, will result in ambient noise levels for the vicinity being exceeded.
From the material provided it is not clear that the proposed measures will satisfactorily mitigate noise for surrounding residents and visitors
Waste Water Disposal
It is proposed that the lagoon/wave pool will require (a minimum of) 2 x 280,000L tanks to be installed to maintain water levels. A Water Management Plan prepared by TOD was supplied with the application material and stated that one of the tanks would include an unsealed base for disposal of excess water via infiltration, and one would be used for storage to top up water levels as required.
A Groundwater Dependent Ecosystem Preliminary Impact Assessment prepared by North Coast Environmental Services (NCES) was also provided with the application material. In the preparation of the report, the author carried out a desktop assessment of the ecology values of the wetland ecosystem within the Great Sandy National Park. The report states:
‘No information has been provided to the NCES regarding the proposed water quality of the overflow waters to be discharged from the wave pool holding tanks. It is unknown whether the wave pool will host natural freshwater or whether it will host ionised water from salt or chlorine additives. The TOD Water Management Plan presented with the application proposes that the discharge waters will be treated to remove either salt or chlorine additives but offers no further details regarding treatment methods and final water chemistry.’
‘Sustained release of salinized (from salt or chlorine additives) discharge water would represent potential to influence local water chemistry which in turn may impact the composition and abundance of local groundwater organisms as well as floras dependent upon the groundwater.’
It is noted that the recommendations of the NCES Groundwater Impact report contradicts the recommendation in the TOD Water Management Plan in regards to the method for discharging waste water.
Filling the Lagoon/Wave Pool
The application material states ‘The pool will be initially filled by rainfall and supplemented by water tanker. As per the water management report, the pool levels would then be maintained by the 2 x 280,000L water tanks.’ No information has been provided on the how the 280,000 litre ‘top up’ tank is proposed to initially be filled.
As a volume for the lagoon/wave pool has not been provided with the application material, an estimate of the water volume has been calculated based on an average depth of 0.75m, estimating the volume at 3,000,000 litres. At this volume, calculations indicate that if the pool relies on direct rain falling on the pool surface only in order to fill up, that under average weather conditions, the pool will either not fill or will fill very slowly (approx. 50mm per year), as average evaporation is approximately equal to average rainfall. As such, a large and statistically unusual rainfall event is required to fill the pool by this method.
If the lagoon/wave pool is required to be filled from empty by water transported to the site, it is estimated this would require approximately 300 water truck movements to and from the site, requiring the use of the North Shore ferry service. In addition, the 280,000 litre ‘top up’ tank proposed to maintain the water level is likely to require a supplementary water source (apart from excess runoff from the pool surface) in order to maintain pool water levels during extended dry periods, which would require additional water truck deliveries.
The proposal for filling the lagoon/wave pool via natural rainfall is not considered feasible, and it is likely that a supplementary water source would be required to fill the lagoon/wave pool and to maintain the water level. The requirement to deliver the water to the site would put undue pressure on existing North Shore infrastructure (including the road network and ferry service), and would likely impact on resident’s amenity along the route, the regular operations of the service during construction, and potentially during dry periods where additional water will be required to maintain levels.
On 12 June 2020 the applicant provided further information stating:
If the filling of the pool is unable to be fully undertaken by natural rainfall as per TOD Engineering Consultants recommendations, the pool will be supplemented using a water tanker from a private property on The North Shore. The applicant also owns a property at 1 Noosa River Dr, which includes part of the river.
The proposal to utilise the private property at 1 Noosa River Drive for the filling of water trucks is not supported, as the lot is a small residential lot accessed via an easement over the adjoining property (refer to Figure 10). Approximately 300 water trucks accessing the site to retrieve water from the Noosa River would put undue pressure on existing North Shore infrastructure, predominantly Noosa River Drive, and would substantially impact on resident’s amenity in this area.

Figure 10: 1 Noosa River Drive, Noosa North Shore
Visitor Accommodation Code
The proposal is required to accord with the Outcomes of the Visitor Accommodation Code. The relevant Outcomes are stated and discussed below.
Overall Outcomes
a) 	Visitor accommodation is compatible with and benefits from Noosa’s natural environmental values;
c) 	The density and design of Visitor accommodation integrates with the urban or landscape fabric of its particular locality;
e) 	Visitor accommodation is energy and water efficient;
Specific Outcomes
O3 	Visitor accommodation is at a scale and nature complementary and respectful to its surroundings and does not unduly impact on adjacent or surrounding land uses or the amenity of the surrounding area.
O35 	Rural accommodation is associated with rural production, agricultural pursuits and promoting the natural environment and takes the form of farmstays, bed and breakfasts, cabins, cottages or a small guest lodge.
The proposed lagoon/wave pool is not compatible with and does not benefit from Noosa’s natural environmental values and is considered inappropriate development in this location. The lagoon/wave pool is not of a scale and nature complementary and respectful to its surroundings, and is not directly associated with promoting the natural environment as per the requirements of the code.
The proposal would result in significant adverse impacts on the natural environment, as discussed under the Visitor Accommodation Code and Biodiversity Overlay Code sections of this report.
Biodiversity Overlay Code
The subject site is mapped as containing Biodiversity (Environmental Protection Area and Noosa Watercourse) (refer to Figure 11) and Koala Habitat Areas (refer to Figure 12) and as such triggers assessment against the Biodiversity Overlay Code.
	
Figure 11: Biodiversity Overlay (Environmental Protection Area and Noosa Watercourse)	Figure 12: Koala Habitat Area
The vegetation on the site is classified as Category C high value regrowth vegetation representing Regional Ecosystem 12.9-10.4 which is described as Open forest to woodland with Eucalyptus racemosa locally prominent on Cainozoic to Proterozoic sediments ± remnant Tertiary surfaces; other species can include Angophora leiocarpa, Eucalyptus siderophloia, Corymbia intermedia, Eucalyptus tindaliae with Lophostemon suaveolens, Melaleuca quinquenervia and Eucalyptus tereticornis on lower slopes. The vegetation community is in good condition with limited weed incursions, mainly as a result of minor edge effects. The relic Scribbygums and Bloodwoods present good nesting values due to the presence of a variety of sizes of hollows with the shrubby understory providing cover and forage values for ground dwelling animals. The Regional Ecosystem is habitat for threatened species and this is reflected in its Environmental Protection classification, including Glossy Black Cockatoos, koalas, wallum rocketfrog and swamp crayfish.
The land drains directly to the National Park to the east south/east into a Palustrine wetland characterised by Regional Ecosystems 12.2.7, 12.2.9 and 12.2.12, representing surface expression and terrestrial ground water dependent ecosystems. The wetland being listed as a Wetland of High Ecological Significance on the Map of Queensland Wetland Environmental Values – a Matter of State Environmental Significance.
These ground water dependent ecosystems rely on presence of groundwater on a permanent or intermittent basis to meet all or some of their water requirements so as to maintain their communities of plants and animals, ecological processes and ecosystem services, be it at depth or at the surface. The land to the east of the proposed development is national park and includes wetlands and habitat for threatened species. Third party advice from Queensland Parks and Wildlife Services (QPWS) requires that the habitat values of the receiving waters and neighbouring lands are maintained and not impacted by the proposed development. If the proposed use of stored rainwater to fill the lagoon/wave pool were not found to be sufficient, QPWS does not support water extraction for topping up the lagoon/wave pool. Furthermore QPWS advises “any impact to the surrounding protected area and values, from neighbouring land use, is subject to consideration under the provisions of State and/or Federal legislation as relevant, with potential for significant fines and/or rectification orders.”
The land form of the site is deeply weathered soils of silty sand overlaid on a clayey surface. These soils are characteristically nutrient poor with the overlying vegetation and bacterial associations contributing nutrients for growth. Permanent changes in nutrient status of the soil properties can cause dieback upslope and contribute to declining ecological values in the adjacent wetlands due to nutrient input and eutrophication. Many animals have adapted to the low nutrient status and their presence in these low nutrients systems is a product of natural selection and evolutionary processes. Disruptions to the nutrient cycles and water regimes can lead to local extinctions of fauna, some unique ones adapted to acidic and low nutrient environments (swamp crayfish and wallum rocketfrog) and permanent alteration of their habitats.
The proposal suggests the pump house will be in ground to a depth of 5m. A borehole log show soil sampling finished at 2m, with the one borehole showing a clayey layer at 1.6m. Penetrating this clayey layer a further 3m is not discussed in the proposal and raises concerns about the permeability of the clayey layer and ground water interception. The applicant has also stated the 2 x 280,000 litre water tanks (12m diameter x 2.5m high) would also be buried in proximity to the lagoon/wave pool. One of the tanks is proposed to dispose of waste water by infiltrating through the base. Excavations beyond 1.6m in depth will penetrate the clayey layer and could impact on ground water, acid sulphate soils and adjacent wetland values. Previously the applicant has advised no excavations below 8 AHD will occur and acid sulphate soils will not be encountered.  Updated plans were provided on 12 June 2020 stating all cuts are located above the 5m AHD level.
The location on an ancient porous sand mass, coupled with the proximity to highly sensitive wetlands and their unique fauna, requires sufficient information to assess possible deleterious impacts on the ecological values of the site and its surrounds. The information provided with the application attempts to qualify the impacts but, due to missing information, uncoordinated reports or inadequate sampling, the veracity and accuracy of the information is unacceptable to support the proposal.
It is not possible to impose reasonable and relevant conditions on impacts which are yet to be defined. The proposal, in its current form, will clear 1.24 hectares of threatened species habitat of high value regrowth vegetation and could pollute a wetland with high ecological values. No information has been put forward by the applicant which adequately addresses these issues.
New Noosa planning scheme (31 July 2020)
The subject site is located within the Tourist Accommodation zone under the Noosa Plan 2020. An application for short-term accommodation would remain impact assessable under the new scheme. Noosa North Shore is identified as a key visitor area within the shire under the new Strategic Framework. The locality provides limited opportunity for future short-term accommodation development, with development being restricted to those areas zoned as Tourist Accommodation only. The provisions under the new scheme in relation to short-term accommodation and biodiversity values within this location remains similar to the provisions under the current scheme, therefore no change in the assessment or recommendation would result under the Noosa Plan 2020.
cONSULTATION
Referral Agencies
Not applicable
Advice Agencies
The application was forwarded to Queensland Parks and Wildlife Service (QPWS) for comment. QPWS provided the following statement:
‘…the land to the east of the proposed development is national park and includes wetlands and habitat for threatened species. The wetland being listed as a Wetland of High Ecological Significance on the Map of Queensland Wetland Environmental Values – a Matter of State Environmental Significance.
QPWS requires that the habitat values of the receiving waters and neighbouring lands are maintained and not impacted by the proposed development. To assist meeting this objective QPWS supports Council’s information request particularly in relation to the following matters: acid sulfate soils, bush fire management, waste water disposal and its potential effect on ground water dependant ecosystems, and the adequacy of the proposed water filling option (rainfall into tanks).
If the proposed use of stored rainwater to fill the lagoon were not found to be sufficient, QPWS does not support water extraction for topping up the lagoon.
Any impact to the surrounding protected area and values, from neighbouring land use, is subject to consideration under the provisions of State and/or Federal legislation as relevant, with potential for significant fines and/or rectification orders.
Other Referrals
The application was forwarded to the following external expert consultant:
Switchback 48 Consulting, Water Management
Internal Council Referrals
The application was forwarded to the following internal Council officers:
Ecologist, Development Assessment
Coordinator Engineering, Development Assessment
Principal Strategic Planner, Strategic Planning
Public Notification
The application was publicly notified for fifteen business days in accordance with the Planning Act 2016. Two properly made submissions were received. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
The Body Corporate of Beach Road Holiday Homes CTS 37583 lodged a submission stating that they had received legal advice that the proposed application requires the consent of the Body Corporate. The submission stated: ‘we have been advised that the development of the subject land (lot 500) is governed by Schedule B of the Community Management Statement. The proposed development deviates significantly from Schedule B. A change to this schedule would require approval from the Body Corporate by resolution without dissent at a general meeting. Council must seek the consent of the Body Corporate prior to assessing this application. Please find attached a copy of the Community Management Statement. We invite Noosa Council to examine the document to confirm this view.’	The subject site is within the Body Corporate of Beach Road Holiday Homes. Legal advice was received on 7 July 2016 with respect to an application over the adjoining lot to the west, which included multiple lots within the Body Corporate of Beach Road Holiday Homes. The advice stated that as the change in use does not involve a change in use of common property, and no works are involved on common property as a result of the proposal, that Body Corporate consent is not required. Therefore, as the subject application does not involve a change in use of common property, and no works are involved on common property, this advice is also considered applicable to the current application. The matter of conflict with the current Community Management Statement (CMS) is not a relevant planning matter to be considered, and is for the Body Corporate to consider only. In addition, the applicant provided legal advice from SPM Law dated 20 March 2020 stating: The Body Corporate has submitted that Council must seek the consent of the Body Corporate prior to assessing this application and this premise is fundamentally rejected. The proposed works are entirely within the boundaries of this lot and not upon Body Corporate common property. Council is not required to receive consent of the Body Corporate to consider this application. This is a submission made under the Planning Act 2016 and must be concerned with Council’s assessment of the relevant application under those laws. It is submitted that the Body Corporate’s assertion that Noosa Council is required to obtain the Body Corporate’s consent to the proposed works is fundamentally wrong in law. Noosa Council is not a party to the CMS or a member of the Body Corporate. Such obligation does not appear in any applicable legislative provision. There appears to be no legal basis to make such an assertion.
Submission received raising concerns about ‘fire break maintenance and allocation’ between Lot 39 and Lot 500. Figure 13: Lot 39 and Lot 500	Firebreak maintenance is the responsibility of the property owner. It is noted that the State has exempted clearing for certain fire management activities from local Council assessment.
Submission received stating: ‘Beach Road Holiday Homes Body Corporate has assets and infrastructure located within Lot 500 due to original estate planning. These will require easements/access rights for the BC to maintain and utilise.’	The subject site is encumbered by 3.8ha Easement A in the northern portion of the lot. The Easement was created for the purposes of an irrigation area to be established, if/when required. This 3.8ha effluent irrigation area is based on a 2004 effluent disposal design for the development of the entire Visitor Mixed Use zone to full capacity, as envisaged under the Portal Code. The proposed development has no impact on the existing easement and/or future expansion of the irrigation area.
conclusion & REASONS FOR DECISION
The proposed use is not considered to comply with the definition of ‘Visitor Accommodation Type 3 – Rural’, and is better defined as a Detached House, whilst the lagoon/wave pool is not ancillary to the proposed dwelling, and is a separate land use more appropriately defined as Entertainment and dining business - Type 2 Recreation, amusement & fitness.
The proposal relies on built infrastructure as the main attraction to the site, and therefore is not consistent with the desired outcomes for Noosa’s tourism industry set out in The Noosa Plan, which aims to encourage tourism based on Noosa’s natural assets to enhance the understanding of Noosa’s environmental values. The proposal is also not consistent with the expectations of the community, which anticipates that the area will retain its primary role as a coastal area largely dedicated to conservation, where development is secondary to and dominated by its open space setting.
The lagoon/wave pool component of the development would result in adverse impacts on the environmental values of the area, with the proposal to clear at least 1.3 hectares of threatened species habitat of high value regrowth vegetation, and potential to pollute a wetland with high ecological values through the disposal of waste water. The proposal also requires significant excavation of an area affected by acid sulfate soils.
The proposal to fill the lagoon/wave pool via natural rainfall is not considered viable, and would likely result in relying on a supplementary water source, requiring water to be delivered to the site by truck. The potential for up to 300 water deliveries would place undue pressure on existing North Shore infrastructure (including the road network and ferry service), and impact on the regular operations of the ferry service during construction, and potentially during dry periods where additional water will be required to maintain levels. It would also likely impact on the amenity of residents living along the route particularly in the first instance to fill the lagoon/wave pool. The applicant’s further proposal to use river water to fill the pool is also problematic.
The New Noosa Plan identifies Noosa North Shore as a key visitor area within the shire under the Strategic Framework, stating that the locality provides limited opportunity for future short-term accommodation development. The provisions under the new scheme in relation to short-term accommodation and biodiversity values within this location remains similar to the provisions under the current scheme, therefore no change in the assessment or recommendation would result under the New Noosa Plan.
In light of the above, the application is recommended for refusal.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
		X	Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance	X	Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
		X	Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	11 August 2020

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