Council archive · source document
Town Planning Report - Peregian Village Market · MCU13/0251
Town Planning Report
Development Application
‘Peregian Village Market’
Adamson Town Planning Pty Ltd ATF
(ACN: 163 798 374 : ABN: 72 472 058 207)
P | (07) 5430 6671 F | 5430 6677 M | 0437 754 420 | PO Box 78, Peregian Beach, QLD, 4573
E | [email protected] | Web | www.adamsontownplanning.com.au
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TABLE OF CONTENTS
INTRODUCTION ..............................................................................................................................................3
BACKGROUND ..................................................................................................................................................4
DEVELOPMENT APPLICATION ......................................................................................................................4
SUBJECT SITE AND SURROUNDING AREA .................................................................................................6
PLANNING PROVISIONS ...............................................................................................................................8
SOUTH EAST QUEENSLAND REGIONAL PLAN ................................................................................................... 8
THE NOOSA PLAN 2006 ................................................................................................................................. 8
Desired Environmental Outcomes ........................................................................................................... 8
Proposed Uses ........................................................................................................................................ 9
Eastern Beaches Locality Code ............................................................................................................ 10
Specific Outcomes ................................................................................................................................. 12
SEMI-ATTACHED HOUSING ZONE .................................................................................................................. 14
OPEN SPACE RECREATION ZONE ................................................................................................................. 15
BUSINESS USES CODE ................................................................................................................................. 15
CARPARKING AND TRAFFIC IMPACTS ............................................................................................................. 16
OVERLAY CODES ......................................................................................................................................... 17
DRAFT PLANNING SCHEME .........................................................................................................................17
STATE PLANNING POLICY ...........................................................................................................................19
STATE REFERRALS ........................................................................................................................................21
KOALA CONSERVATION ................................................................................................................................ 22
NEED ................................................................................................................................................................23
CONCLUSION .................................................................................................................................................24
ATTACHMENT 1 – PROPOSAL PLANS (INCLUDING 1A – LANDSCAPING PLAN) ................................................... 26
ATTACHMENT 2 – TRAFFIC REPORT .............................................................................................................. 27
ATTACHMENT 3 - BUSHFIRE MANAGEMENT PLAN ........................................................................................... 28
ATTACHMENT 4 – STORMWATER MANAGEMENT PLAN .................................................................................... 29
ATTACHMENT 5 – PROPERTY VEGETATION MANAGEMENT PLAN ..................................................................... 30
ATTACHMENT 6 – UNEXPLODED ORDINANCE REPORT (INCLUDING 6A - LETTER FROM DERM) ........................ 31
ATTACHMENT 7 – ECONOMIC NEED AND IMPACT ASSESSMENT ...................................................................... 32
ATTACHMENT 8 - KOALA HABITAT MANAGEMENT PLAN .................................................................................. 33
‘Peregian Village Market’ Development Application – December 2013 Page 2
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Introduction
1. The purpose of this report is to provide town planning advice about a
development application for a development permit for material change of use for
the ‘Peregian Village Market’. The proposed development is to contain a small
supermarket and speciality shops/offices beside the existing Peregian Village
Centre that will serve the local Peregian Beach community.
2. The subject site is located at 215 David Low Way, Peregian Beach and comprises
an area of about 5,800m² and is part of a larger site known as the ‘Essence of
Peregian’. The land is described as Lot 77 on SP 231615 and has an overall area
of about 2.3ha and is currently unused land in the centre of Peregian Beach.
3. It is intended to establish a small shopping centre on the area of land that fronts
David Low Way and the existing unnamed roadway to the south of the site.
Access to the proposed development is to be obtained from the unnamed
roadway.
4. The proposed development is for a small scale supermarket, which is integrated
with the existing Peregian Beach Neighbourhood Centre and the surrounding
area. The development will also provide a relatively small amount of speciality
shops, restaurant and office uses within the same complex. The proposed
development is considered to be of a scale that is commensurate with the
character of the Peregian Village locality.
Peregian Hotel
Subject Land
Home Hardware Store
Figure 1 – Locality Plan
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Background
5. The subject land currently has approval for a substantial development known as
the ‘Essence of Peregian’. The existing approval for material change of use was
granted by consent order and comprises three (3) stages of development. The
consent order granted a development permit on 24 January 2012, for Visitor
Accommodation Type 4 – Convention, Commercial Business Type 1 – Office,
Retail Business Type 2 – Shop and Salon and Entertainment and Dining – Food
and Beverages.
6. The three (3) stages under the current approval include the following:
a) Stage 1 – small supermarket with a gross floor area (gfa) of about
387m², restaurant with a gfa of about 306m² plus 70m² of outdoor
dining and about 800m² of visitor accommodation comprising 14
rooms plus office and/manager’s residence;
b) Stages 2 & 3:
i. 3 bedroom dual key apartments (32 in total):
(a) Building A comprising 2,089m²;
(b) Building B comprising 2,089m²;
ii. Beach Shacks (30 in total):
(a) 2 x 4 bedroom (with disabled access) comprising 284m²
gfa;
(b) 19 x 3 bedroom (stand alone and duplex arrangement)
comprising 2,356m² gfa;
(c) 9 x 2 bedroom (duplex) comprising 891m² gfa.
7. An extension to the relevant period of the approval was granted by His Honour
on 15 November 2013 (current approval). The relevant period for the approval is
28 September 2016, with the development to be completed by 4 February 2018.
Development Application
8. The development application seeks a development permit for material change of
use for Retail Business Type 2 – Shop and Salon, Entertainment and Dining Type
1 – Food and Beverages and Commercial Business Type 1 – Office, generally as
shown in Figure 2, below. A copy of the proposal plans are provided as
Attachment 1.
9. The proposed development contains a small scale supermarket that has a useable
floor space of about 950m² and 250m² of back of house area for loading and
servicing. It is also proposed to provide about 400m² of speciality shops,
restaurant and office space with some outdoor dining being about 94m² as part
of an integrated development.
10. A range of uses is being applied for over the speciality shop component in order
to maintain flexibility within the tenancies. It is expected that this part of the
development will comprise any of the uses applied for at any one time. An
outdoor dining area is also proposed beside the eastern most tenancy, which is
also partly located under the roofed atrium and close to the pedestrian access
into the site.
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11. Vehicle access to the proposed development is to be obtained from the unnamed
roadway to the south of the site with the frontage of this roadway being
upgraded in accordance with current standards. The proposed access and works
required to facilitate the development will be contained within the existing road
reserve and generally to the northern side of the roadway and the intersection
with David Low Way.
Figure 2 – Proposed Layout
12. A total 85 carparking spaces including 13 staff, 2 disabled spaces and 2 motor
bike spaces are to be provided within the development. Access for semi-rigid and
heavy rigid vehicles is also provided to service the development. All vehicles can
enter and leave the site in a forward direction.
13. Pedestrian access to the proposed development is to be obtained directly from
David Low Way near to the existing pedestrian crossing. The proposed
development provides for an east to west pedestrian link into the development
via an elevated boardwalk and platform area at the atrium level with stairs and
landings provided to reach the podium level.
14. The pedestrian access point has been deliberately located beside the existing
pedestrian crossing in David Low Way, which allows for ease of access and links
the development to the Neighbourhood Centre. Outdoor dining is also provided,
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which utilises the platform areas in the atrium. Significant landscaping is also
proposed within the atrium level as shown on the proposal plans (refer
Attachment 1A).
15. Due to the significant change in surface levels between the David Low Way
frontage and the subject land, internal stairs have been provided rather than
internal ramping. The provision of an internal ramp was unworkable and not
practical in the circumstances. However, disabled access is provided via a new
footpath upgrade in conjunction with streetscape works on the northern side of
the unnamed roadway. A suitable grade for disabled access can be achieved and
provides direct access into the development.
16. The atrium structure and roof over covers the outdoor dining area and also
activates the David Low Way frontage of the development. The design of the
development is modern, contains varying roof lines and light weight features and
treatments that add interest and articulate the built form.
17. It is intended that this development proposal replace Stage 1 of the current
approval over the land. Stages 2 and 3 being the visitor accommodation
components of the ultimate development, will be provided in a modified form that
is not substantially different to the current approval. There may be a need to
change the current approval over the land, once approval of the current proposal
is obtained.
Subject Site and Surrounding Area
18. The area of land is significant being approximately 2.3ha. The proposed
development occupies a portion of this land being about 5,800m² (refer Figures
3 & 4 below).
19. The subject land is located opposite the Neighbourhood Centre and is on the
western side of David Low Way. The site is also located to the north of the
existing Home Hardware Store, which is to the south of the existing unnamed
roadway. To the north is the Peregain Beach Hotel, which adjoins the northern
boundary of the subject land. Further to the west is the Noosa National Park. The
subject land is effectively an infill development site, with commercial uses on
either side.
20. The ‘Peregian Boardwalk’ development is located to the north east of the site and
on the northern side of Heron Street, which is a mixed use development and
effectively forms part of the Neighbourhood Centre. Further to the north and on
the western side of David Low Way is a commercial office development and
further north again is the open space and recreation land and other community
facilities.
21. The subject land is part of the larger parcel described above and falls generally
from the east to west and has a fall of about 5m. The land falls steeply from
David Low Way near the boundary with level of the roadway at the David Low
Way frontage being about 10m AHD. The land within the site and close to the
eastern boundary is about 8m AHD (refer Figure 4).
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Figure 3 – Aerial Photograph – Subject site and immediate locality
22. There is some vegetation on the land, which is to be removed for the proposed
development. Because of the significant change of grade near the David Low
Way frontage and the nature of the development generally, there is little
prospect of any vegetation being retained on this part of the site. However,
significant landscaping is proposed (refer Attachment 1A) to help offset this
loss, including some trees that will achieve a reasonable height and be clearly
visible from David Low Way and the intersection with the unnamed roadway.
23. All existing buildings are to be removed from the site and the existing sewerage
main that traverses the subject land from north to south is to be relocated clear
of the proposed development and the easement extinguished.
24. To the west of the subject site is low lying heathland, which adjoins the Noosa
National Park. Most of this land is classified as remnant ‘of least concern regional
ecosystem’ and is to be rehabilitated and dedicated in accordance with the
current approval over the land. It is intended that the rehabilitation and
dedication occur in conjunction with Stages 2 & 3 of the ultimate development of
the site.
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Figure 4 – Aerial with development superimposed
Planning Provisions
South East Queensland Regional Plan
25. The land is included in the Urban Footprint under the Regional Plan. Under the
Regional Plan an Activity Centres Network is provided that deals with higher order
centres such as the Noosa Business Centre (NBC), which is defined as a Major
Regional Centre.
26. The Peregian Beach Neighbourhood Centre is not an activity centre under the
Regional Plan and the proposed development is not of a scale that will adversely
impact upon the NBC. The proposed development will provide primarily for the
needs of the local trade area, which is desirable and does not offend any
provisions of the Regional Plan.
The Noosa Plan 2006
Desired Environmental Outcomes
27. The most relevant Desired Environmental Outcome (DEO) under the planning
scheme is 3.1.3 (b) COMMERCIAL & RETAIL USES, which states:
A hierarchy of centres with a range of Commercial and Retail business uses
provide suitable levels of amenity, service and access to the community,
consistent with the community’s location and needs and is based on:
i. a proportion of Noosa’s higher order needs fulfilled by centres in other areas,
particularly the key regional centre of Maroochydore;
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ii. the Shire Business Centre, a Major Activity Centre for the purposes of the
SEQ Regional Plan and the highest order centre within the former Noosa
Shire, developed in stages consistent with the needs of the population of
the former Noosa Shire and areas to the immediate south;
iii. protecting the long term viability of the Shire Business Centre as the principle
business, retail and administrative centre;
iv. recognising that it may be necessary to increase floor space in existing
centres to meet changing needs, provided any increased floor space does
not impact on the successful operation and development of the Shire
Business Centre;
v. ….;
vi. neighbourhood or visitor centres at Peregian Beach, Sunrise Beach, Sunshine
Beach, Noosa Heads, Noosaville, Tewantin, Cooroibah and Teewah;
vii. … .
28. The proposed development is not of a scale that will adversely impact on the
hierarchy of centres, including the NBC. There is also no other centres in close
proximity to the Peregian Beach Neighbourhood Centre.
29. It is specifically recognised in the DEO that it may be necessary to increase floor
space in existing centres. In this case the proposed small scale supermarket is to
be provided in response to a genuine community need. The proposed
development is well located to form part of the existing Neighbourhood Centre,
being directly opposite the Centre and in between to existing commercial uses.
30. The proposed development will also provide a suitable level of amenity and
access for the local community, which is intended to primarily serve the local
trade area. The proposed development does not offend the desired
environmental outcomes under the planning scheme.
Proposed Uses
31. Under the planning scheme the uses applied for are defined as follows:
Retail business means the conduct of a business activity, where goods or services
are displayed or offered for sale to the public. The term includes the following types:
Type 2 Shop & salon The use of premises for an activity that is
generally found in a shopping complex,
strip or centre. The use includes a shop,
hairdressing salon, appliance repairs,
alterations, dry cleaning and a café with
dining facilities for up to 10 people.
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 1 Food & beverages The use of premises involving the sale of
food and beverages for consumption on
the premises. The use class includes a
function room or restaurant or café with
dining facilities for 10 or more people.
Commercial business means the conduct of a business activity, where a service is
offered or provided and that service is not more clearly defined by other business or
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community uses. The term includes the following types:
Type 1 Office The use of premises for a commercial
business conducted in an office
environment. The use includes a bank,
professional office, travel agent, and
estate sales office.
32. The subject land is included in the Open Space Recreation Zone and the Semi-
Attached Housing Zone (refer Figure 5). It is noted that the adjoining
commercial developments to the north and south of the subject land are also
included in the Semi-Attached Housing Zone, despite containing commercial uses.
33. According to the relevant development assessment tables in the Eastern Beaches
Locality Code1, the proposed uses are impact assessable and require public
notification. Further, Commercial Business Type 1 - Office is a consistent use on
the subject land where fronting David Low Way.
Figure 5 – Zoning Plan
Eastern Beaches Locality Code
34. The most relevant overall outcomes2 sought for the Eastern Beaches Locality
include the following:
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;
1 Noosa Plan 2006, Table 7.2, page 7-8 and Table 7.8, page 7-21
2 Noosa Plan 2006, Part 7.8, page 7-26
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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;
b) 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;
c) The scale and form of buildings and other structures are –
i. designed to be responsive to the informal beachside character of
the locality, being low rise buildings, with pitched or curved roofs
and building materials that blend with the dune and coastal
landscape;
ii. in keeping with the surrounding streetscape and landscape
qualities;
iii. integrated into the topography and native vegetation of the
dune system which dominates the locality; and
iv. consistent with the amenity and safety expectations of the
community;
d) …
p) For Peregian Beach –
i. Peregian Beach provides a mix of detached houses,
Multiple housing and Visitor Accommodation for
residents and visitors;
ii. Multiple housing Type 2 Duplex and Visitor
Accommodation Type 4 Conventional are located in close
proximity to the Peregian Beach neighbourhood centre shown
in the Neighbourhood Centre Zone;
iii. a wide range of local Retail, Commercial and Entertainment
and Dining Uses within the neighbourhood centre serve the
immediate needs of residents and visitors of the locality;
iv. the neighbourhood centre provides an informal village-like
atmosphere, with a low key, attractive and safe village square
that engenders a ‘sense of place’ and a public focus for local
community interaction and activity; and
v. …;
q) …
r) For the Semi-Attached Housing Zone—residents are accommodated in
Detached housing forms or Duplexes that –
i. provide a low impact, low density development which respects
the domestic scale of surrounding detached housing;
ii. offer a high level of residential amenity, design quality and
safety; and
iii. express a coastal building style that integrates with the
landscape and topography;
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x) For the Open Space Recreation Zone—areas of open space contribute
to the desired lifestyle of residents by offering a variety of passive and
active recreational experiences that are conducive to community
interaction and wellbeing; and
y) …
35. The proposed development at this location is compatible with other uses in the
immediate locality and will not adversely impact upon the amenity of the area
from either a visual or acoustic quality perspective. The proposed development
will add to the range of services available and will primarily serve the Peregian
Beach locality. There is a high level of economic need (discussed further below)
for the development and significant community benefit will also occur.
36. The scale of the proposed built form is low rise and designed to be integrated
with the natural land form and is in keeping with the surrounding streetscape and
landscape qualities. In fact the majority of the built form is below the David Low
Way frontage, which is desirable. The proposed development is also consistent
with the safety and amenity expectations of the general community.
37. While the proposed development is not located in the Neighbourhood Centre
there is a need for a small scale supermarket in the locality in an appropriate
location to serve the immediate needs of residents and visitors. Further, the
proposed development will be compatible with existing village-like atmosphere, is
considered to be low key and an attractive development that adds to the ‘sense
of place’. The design maintains a public focus and promotes community
interaction and activity, which is desirable. The scale of the development is
considered to be suitable for the location, essentially being infill development at
this location.
38. With respect to the proposed development being located in the Semi-Attached
Housing Zone and Open Space and Recreation Zone, consideration also needs to
be given to the current approval over the land, which provides for a significant
amount of visitor accommodation, as well as shop, restaurant and office uses on
the land.
39. Given the current approval and the previous use over the subject land, it is not
the case that land should be maintained for passive and active recreational
experiences conducive to community interaction and wellbeing. Further,
significant visitor accommodation component is to be provided with Stages 2 & 3
of the ultimate development, which is desirable given its close proximity to the
neighbourhood centre.
Specific Outcomes
40. A number of the specific outcomes of the Eastern Beaches Locality Code are also
relevant to the assessment and are discussed below.
Amenity (O1)
41. The proposed development has been located, designed and will be operated to
avoid significant adverse impacts upon the amenity enjoyed by users of adjoining
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and nearby properties. This includes the provision of a noise attenuation fence
along the western side of the development that has been incorporated to protect
the amenity of users of the proposed visitor accommodation. The fence to be
screened by landscaping in order to ensure a reasonable visual amenity outcome
is achieved.
Character and function of the David Low Way (O2)
42. Significant landscaping is proposed to the David Low Way frontage, which will
maintain the vegetated character of this roadway. The vegetation to be provided
is to contain trees of a size that will contribute positively to the streetscape when
viewed off the site.
43. The proposed development will not adversely impact upon the function, capacity
and efficiency of the David Low Way. An appropriate amount of carparking is to
be provided on site and external works undertaken to maintain the function of
David Low Way (these issues are discussed further below).
Built Form (O3 & O4)
44. The proposed development will have low site impact and has been designed to
integrate with the natural land form. The proposed buildings will be single storey
and less than 8m in height from the existing natural ground level. The proposed
atrium structure at the David Low Way frontage has been specially designed to
activate the street and provide direct and covered access for patrons.
45. Due to the low lying nature of the site, the proposed built form will not be
imposing and is mostly below the level of David Low Way. The proposed atrium
structure is located over the outdoor dining areas, with stairs and platforms
providing access. There is also considerable landscaping that has been
incorporated into this structure in the form of planter boxes and vertical planting.
46. This atrium structure is more than 8m in height from the finished ground level,
but is about 5.5m in height from the existing street level. The remainder of the
development is substantially less than 8m in height. Consequently, the
development is low rise and is consistent with the built form in the immediate
locality.
47. The provision of the pedestrian platform area and access to the site provides
direct integration with the existing pedestrian crossing that links to the
Neighbourhood Centre.
Setbacks (O5)
48. The proposed building has been specifically designed with street activation in
mind, which means that the front atrium structure and landing area is adjacent to
the David Low Way frontage. The main façade of the building is setback about
6m from this frontage and is setback about 31m from the unnamed roadway. The
proposed building has about a 1.5m setback to the adjoining Hotel carpark along
the northern boundary of the site. The roof extends to the northern boundary to
provide cover to the service and amenities area.
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49. The proposed building setbacks maintain the amenity of users of adjoining
premises by preserving the visual and acoustic privacy. The design allows for
significant landscaping to be provided to the frontages. The visual continuity and
pattern of development is also generally consistent with existing development in
the immediate locality.
50. The site is also constrained with respect to the length of the David Low Way
frontage, which means that the development needs to be orientated as shown.
This design is typical of a standard supermarket layout and what would normally
be expected.
Site Cover, Gross Floor Area and Plot Ratio (O6)
51. The proposed development has a GFA of about 1,626m², a site cover of about
40%, when having regard to the subject land area of 5,800m². Consequently, the
proposed development is of a scale that is compatible with surrounding
development and does not present an appearance of excessive bulk when viewed
from the street. The built form is also softened by a significant amount of
landscaping.
Roof Form (O12)
52. The proposed roof form is articulated and varies in slope direction, height and
appearance. The atrium structure activates the frontage and makes use of
varying materials that are light weight in appearance.
53. The roof is pitched and will contribute positively to the skyline. While there are
some box like elements, these are generally limited to small sections of the roof,
with most of the roof being pitched and varying in direction. The building
treatments proposed also make for an interesting design. Further, the proposed
development will not be out of character at this location.
Sloping Sites (O13)
54. The proposed development is responsive to the natural topography of the site by
being integrated and set down well below the David Low Way frontage. Minimal
cut and fill is required in order to provide a level building platform, which is
needed for this type of commercial development.
Semi-Attached Housing Zone
Consistent and Inconsistent Uses (O29 & O30)
55. Within the Semi-Attached Housing Zone, Commercial Business Types 1 or 2 are
consistent uses where located between 215 and 252 David Low Way, which
includes the subject site. Both Entertainment and Dining and Retail Business are
not consistent in this zone. However, both of these uses are allowed under the
current approval over the land.
Professional Offices (034)
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56. The proposed development is proposing a professional office use as one of the
uses allowed in the speciality shop area. The design of the built form, while not
of domestic appearance, will accommodate small scale businesses consistent with
the amenity of the surrounding area.
57. It is accepted that the proposed development will not be in keeping with the
character of a residential property. However, at this location there are adjoining
commercial developments and infill development is proposed, which is desirable.
The proposed uses and built form is also compatible with the commercial uses
directly opposite site.
Open Space Recreation Zone
Consistent and Inconsistent Uses (O73 & O74)
58. Within the Open Space Recreation Zone, Entertainment and Dining Type 1 is a
consistent use where in conjunction with an Open Space use. Both the Retail
Business and Commercial Business uses are inconsistent in this zone. However,
again it is relevant that the current approval over the land provides for these
uses, along with visitor accommodation proposed.
Caravan and camping facilities at Peregian Beach (O75)
59. The subject land was previously used as a caravan park, but this use has not
operated for some time, because it is not a viable option for the land. The current
approval maintains the use of the remainder of the land for low cost visitor
accommodation close to the Neighbourhood Centre consistent with the intent of
the planning scheme.
60. The proposed development uses the portion of the land that is primarily occupied
by Stage 1 of the current approval, which allows for Retail Business and
Entertainment and Dining uses as well as other visitor accommodation uses. The
proposed development occupies only a small portion of the subject land included
in the Open Space Recreation Zone and this makes no material difference in the
circumstances.
61. It is accepted that there is some conflict with the planning scheme, but there are
sufficient grounds to overcome any conflict with the planning scheme.
Business Uses Code
62. The overall outcomes sought for the Business Uses Code state:
a) Existing and future populations have access to an adequate level of
goods and services; and
b) Business Uses meet the needs and expectations of the Noosa
community in terms of providing—
i. human scale in the building design;
ii. development that integrates with natural landforms and
landscape features;
iii. development that is compatible with the existing character and
amenity of the streetscape and surrounding area;
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iv. visual and physical connectivity between indoor and outdoor
spaces;
v. high levels of visual and acoustic amenity;
vi. a low key, informal atmosphere;
vii. safety and security for property owners, employees and patrons;
viii. logical traffic arrangements without congestion or lengthy
delays; and
ix. for the protection of environment and heritage values.
c) Business Uses contribute positively to the Shire’s economy and
employment;
d) Business Uses are located where there is an appropriate level of
infrastructure and a wide range of functions to support those uses;
e) Business development has high levels of accessibility and
functionality;
f) Business development recognises and protects Noosa’s natural
resources and environmental values and seeks to provide sustainable
economic and employment growth across a range of industry sectors;
g) Business development is consistent with the hierarchy of centres
across Noosa; and
h) Business Uses are energy and water efficient.
63. The proposed development is required to meet the needs and expectations of the
local community. The design of the development is compatible with the existing
character and amenity of the streetscape and surrounding area. Further, it is
intended to provide a low key and informal atmosphere consistent with the
existing coastal village character.
64. The proposed development will contribute positively to the local economy and
employment and is located where there is an appropriate level of accessibility and
functionality. Importantly, the proposed development will not adversely impact
upon the hierarchy of centres for the Noosa area and in particular on the existing
neighbourhood centre.
Carparking and Traffic Impacts
65. The Driveways and Carparking Code provides the following overall outcomes:
a) Safe and reasonable access to and from vehicle accommodation and standing
areas within a property and from the public road is provided;
b) The safety of pedestrians and cyclists is protected;
c) Development reduces the reliance on private vehicles and promotes public
and non-motorised transport options;
d) Carparking spaces and the associated manoeuvring areas provided are
designed to be safe and functional and meet the reasonable requirements of
the particular land use;
e) Adequate provision is made for the standing, parking, loading and unloading,
access and manoeuvring of service vehicles within the development site;
f) Development does not adversely impact on existing public parking;
g) Vehicular access does not impact adversely upon existing landscaping or
native vegetation.
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66. A separate Traffic Report has been prepared by Holland Traffic Consulting and
provides advice about the extent of works required to ameliorate any traffic
impacts and about carparking requirements, including for motor bikes and
bicycles (refer Attachment 2). The matter of onsite manoeuvrability and
serviceability has also been addressed.
67. The proposed development has safe and reasonable access within the property
and from a public road and provides for the safety of pedestrians and cyclists.
The proposed development is centrally located and has ease of access to the
existing Neighbourhood Centre.
68. Carparking is provided at a rate of about 1 space per 20m² of use area (5.25
spaces per 100m² of GFA), which is considered adequate for this type of
integrated development. Adequate provision is made for standing, parking,
unloading, access and manoeuvring of service vehicles within the development.
The proposed development will not adversely impact upon public carparking in
the locality.
Overlay Codes
69. The subject land is affected by the Natural Hazard: Bushfire & Acid Sulfate Soils
Overlay (Map OM4.4), but is not affected by any other mapping. The site is
shown as potentially having Medium Bushfire Hazard and is a Low to High
Potential Acid Sulfate area.
70. Both of these issues have been addressed previously under the current approval
over the land. However, for completeness the Bushfire Management Plan by
Natural Solutions dated November 2007 is provided as Attachment 3.
71. The matter of managing acid sulphate soils can be adequately dealt with by
conditions of approval. A report about this issue, which has been provided
previously for the current approval, can be provided if requested.
Draft Planning Scheme
72. The draft planning scheme for the Sunshine Coast region has been advertised
and submissions received. It is understood that the Sunshine Coast Council has
not considered any submissions for the Noosa area, including a submission to
include the subject land in the Local Centre Zone. However, since this occurred it
has been determined that the new Noosa Council will be formed and the planning
intentions for the area might be reviewed.
73. While the draft planning scheme provisions could not be given much weight in
the circumstances, it is appropriate to consider the key intentions. All of the land
has been included in the Tourist Accommodation Zone and the Open Space Zone
(refer Figure 6). It is suggested that this is in direct response to the current
approval over the land.
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Figure 6 – Zone Map Eastern Beaches
74. It is noted that the land has been deliberately included in a tourist zone and not
included in the Sport and Recreation Zone, which was previously the case. A
large amount of land included in the Sport and Recreation Zone remains further
to the north, which is appropriate.
75. A Local Area Plan is provided and is also of some relevance, given the front
portion of the site is included in Peregian Beach Hospitality Area (refer Figure 7).
Figure 7 – Local Area Plan
76. Under the Noosa Eastern Beaches Local Plan Code a number of overall outcomes
are provided. The most relevant of the overall outcomes are discussed below:
i) Peregian Beach Local Centre provides a slightly wider range of employment
opportunities due to its more distant location from a major urban centre. In
that part of the Peregian Beach Local Centre located on the western side of
David Low Way (Precinct NEB LPP-1), offices in buildings of a domestic scale
are provided. …
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k) Development in the Local centre zone and Tourist accommodation zone
retains and enhances the built form and streetscape character of the
respective local centre and promotes activity and vitality through the
provision of active street frontages and strong pedestrian connections
between private development and adjacent public spaces.
l) Development in Precincts NEB LPP-1 (Sunshine Beach Hospitality Area) and
NEB LPP-2 (Peregian Beach Hospitality Area) provides for well-designed
entertainment/catering activities which may operate after hours and include
live music which creates a vibrant atmosphere. …
n) Development retains identified sites for low cost visitor accommodation in
order to maintain a diversity of housing and visitor accommodation price
points in the local plan area.
77. The proposed development is located in the Tourist Accommodation Zone, but is
also partly overlain by the Peregian Beach Hospitality Area. As discussed, visitor
accommodation is to be provided over the remaining land with Stages 2 and 3
under the current development approval.
78. It is accepted that the proposed use is not for visitor accommodation, but it is
noted that a range of other uses at varying scales are also allowed in this zone,
where in a mixed use building.
79. The proposed development also retains and enhances the built form and
streetscape character of the local centre and promotes an active street frontage
and strong pedestrian connection to the local centre.
State Planning Policy
80. On 2 December 2013, the integrated State Planning Policy (SPP) took effect
replacing all other State planning policies. Consequently, it is necessary to
consider the SPP to the extent that it is relevant to the subject land.
81. According to the mapping provided by the Department of State Development,
Infrastructure and Planning (refer Figure 8) the subject land is affected by the
following:
a) Environment and Heritage:
i. MSES – Wildlife Habitat;
ii. MSES - Regulated Vegetation;
iii. MSES – High Ecological Value Waters;
b) Hazards and Safety:
i. Flood Hazard Area – Level 1 – Interim;
ii. Bushfire Hazard Area – High Risk;
c) Infrastructure:
i. Operational Airspace.
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Figure 8 – State Planning Policy Mapping (Bushfire Hazard not included)
82. As result of the above mapping, consideration of Part E: interim development
assessment requirements under the SPP is required.
State Interest – Biodiversity
83. The proposed development encroaches into a portion of the subject land that is
mapped as being regulated vegetation and having high ecological water value.
With respect to these issues, the site currently has approval for a significant
development that has previously been assessed and it was found that the
developable part of the site does not contain significant environmental value.
84. The low lying area of land being the western portion of the site, which has
ecological value, is to be rehabilitated and dedicated at a later stage of
development in accordance with the requirements of the current approval.
Consequently, these issues have been considered previously and no significant
adverse environmental impacts will result from the proposed development,
provided the rehabilitation and dedication occurs as intended.
State Interest – Water Quality
85. A comprehensive Stormwater Management Plan has been prepared for the site
and is to be complied with under the current approval. Further, an additional
Stormwater Management Plan has been prepared by O2 Environmental for the
proposed development (refer Attachment 4). Consequently, the matter of water
quality has been adequately addressed.
86. Any acid sulphate soils on site can also be managed with appropriate conditions
of approval able to be imposed.
State Interest – Natural Hazards
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87. The site is partly mapped as being affected by bushfire. The matter of bushfire
has been addressed previously and a copy of this report is provided as
Attachment 3.
88. The site is also mapped as being affected by flood waters. However, the planning
scheme overlay map (Map OM4.3 – Natural Hazards: Landslip & Flooding
Overlay) shows the site free from flood in a Q100 event. Consequently, there is
no need to address this matter further.
State Interest – Strategic Airports and Aviation Facilities
89. The proposed development will not encroach in the operational airspace and is
not more than 12m in height and therefore does not impact on this State
interest.
State Referrals
90. The site partly contains remnant vegetation that is ‘of least concern regional
ecosystem’ as shown in Figure 9 below.
Figure 9 – Remnant Ecosystem Map
91. The proposed development encroaches into the eastern portion of the mapped
vegetation and according to Schedule 7, Table 3, 10(B) of the Sustainable
Planning Regulation 2009 (SPR), the application is to be referred to SARA.
92. However, the original application for the current approval for material change of
use (Council reference: DA2007/1259) was referred to the Department and it was
found that the clearing of vegetation on the site was exempt as it constituted
clearing for an urban purpose at that time. In any event, this approval remains
current and the subject proposal is over the same developable area of land. It is
noted that a development approval for operational works has issued for Stage 1
of the current approval.
93. For completeness, a Property Vegetation Management Plan (PVMP) by the
Gondwana Ecology Group is provided as Attachment 5. The subject site is
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2.3ha and clearing of mapped regulated vegetation (i.e. 580m²) for this
application is part of the clearing that would be expected for the existing
development approval. It is considered that the proposed application for the
‘Peregian Village Market’ application meets the DEHP vegetation clearing policies
and requirements.
94. The proposed development meets the purpose of Module 8 – Native vegetation
clearing under the State Development Assessment Provisions (SDAP). It is also
noted that a development approval for operational works (OPW11/0335) has also
issued for Stage 1 of the current approval and remains current.
95. The subject land is also in an area that is subject to a management advice for
unexploded ordinance and therefore is to be referred to SARA pursuant to
Schedule 7, Table 3, 11 – Contaminated Land of the SPR. However, with the
previous application over the land a report was prepared by Milsearch Pty Ltd
(refer Attachment 6). Further, the DERM has given partial clearance to the part
of the land that is to be developed (refer Attachment 6A). The proposed
development meets the purpose under Module 12 – Contaminated Land of SDAP.
Figure 10 – Referrable Wetlands
96. It would appear from the above mapping that referral of the application to SARA
is also required under Schedule 7, Table 3, 21A – Land in or near a Wetland
under the SPR. The current development approval was previously referred for
consideration by DERM. In any event, the development proposal addresses the
impact of water quality adversely impacting upon the wetland and no significant
vegetation is to be lost on the land within the wet heath areas and the proposed
buffer area.
97. Reference is also made to the PVMP (refer Attachment 5) and the
recommendations contained therein. A report has also been provided about the
management of stormwater water quality discharging from the site (refer
Attachment 4). The proposed development meets the purpose of Module 11 –
Wetland protection and wild river areas under the SDAP.
Koala Conservation
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98. Under the SARA mapping, the subject land is located in a Koala assessable
development area (for information purposes only). This issue has also been
considered previously with the current approval over the land and is a matter for
the Council. For completeness, a copy of the Koala Habitat Management Plan,
June 2010 that was prepared for the previous application is provided as
Attachment 6. The Plan considered the impact upon Koala and made
recommendations that are to be implemented with the development of the land.
Need
99. The matter of need is of key importance with respect to the consideration of this
application. An accompanying Economic Need and Impact Assessment (EIS) is
provided from Economic Associates, which demonstrates that there is a high level
of need for a small scale supermarket in the Peregian Locality (refer Attachment
7). In summary, the report details that the addition of the proposed development
would provide a number of community benefits including:
o Responds to an existing market gap – rather than seeking to
replicate existing facilities the proposed development seeks to fill an
existing gap in the local retail market. As a result the proposed
development is supported largely by capturing escape expenditure as
opposed to a redistribution of expenditure among existing centres located
within the trade area;
o Greater choice and convenience – The addition of the proposed
development would improve choice and convenience for trade area
residents and will add to the diversity of the retail offered within the trade
area;
o Savings in travel time and costs – The proposed centre would reduce
the travel time and associated cost of trade area residents by reducing
the need to fulfil convenience retail and top-up shopping needs at centres
outside the trade area;
o Increased competition – the proposed development is likely to
enhance local competition which has the potential to lead to lower prices,
increased range and better service standards; and
o Localised employment opportunities – the proposed development
would enhance the range of employment opportunities available at a local
level by providing locally based employment opportunities for retail
workers resident to Peregian Beach.
The above benefits are anticipated to be achieved without the viability of any
existing, approved or designated centre being threatened. Based on the above,
there is a high level of economic need for additional convenience retail facilities
within the identified trade area and the proposed development appropriately
meets that need.
100. However, while there may be a high level of economic need and associated
community benefit, in a planning sense, it is also important that the proposed
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development be properly located in order to be integrated with the existing
Neighbourhood Centre.
101. Currently there is no room within the existing Centre for a small scale
supermarket, other than a convenience store. This is because the existing Centre
is fully developed and while redevelopment will continue to occur, it is highly
unlikely that this land could ever be utilised for a small scale supermarket.
102. This is because of the nature of the built form, with no provision for onsite
parking and the built form being located on the periphery and surrounding open
space. Consequently, in my opinion, the subject land is the only land available in
the immediate locality that could satisfy the need and also provide a development
that is close to and integrated with the Neighbourhood Centre.
103. It is also relevant that the subject site has approval for Retail Business Type 2
– Shop and Salon with a floor area of about 387m² and Entertainment and Dining
Type 1 – Food and Beverages with a floor area of about 306m², with about 70m²
of outdoor dining. There is also a small office that has been approved, which is
defined as Commercial Business Type 1 – Office. Consequently, all of the uses
being applied for are currently approved over the land.
104. It is accepted that this is a new and different proposal and does not involve
any tourist accommodation uses in association, as does the current approval.
However, it is intended that this proposal replace Stage 1 of the approval
whereby, Stages 2 and 3 will provide for a significant amount of visitor
accommodation in close proximity to the Neighbourhood Centre. This is desirable
in a planning sense, being of significant benefit to the local community.
105. While Economic Associates have concluded that there is a high level of need
for the proposed supermarket, the issue of adverse impacts on the existing
Centre has also been considered. The analysis undertaken by Economic
Associates also concludes that the above benefits can be achieved without any
loss to the viability of other centres, in particular the existing Neighbourhood
Centre.
Conclusion
106. The proposed development is for a small scaled mixed use development that
is to contain a supermarket with a floor area of about 950m² and a servicing and
loading area of about 250m². An additional 400m² of shop, restaurant and office
uses is also proposed in a number of tenancies, with about 94m² of outdoor
dining.
107. The development is to be located on the western side of David Low Way on
part of the land that that has approval for the development known as the
‘Essence of Peregian’. The subject proposal is to replace Stage 1 of that approval
and is to utilise the front portion of the land that abuts David Low Way. The land
is low set and the development will be mostly below the roadway.
108. The development has been designed to be integrated with the land form and
compatible with other development in the immediate area. The design provides
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for an activated frontage and also for ease of pedestrian access into the site,
which is important with respect to providing a link from the existing pedestrian
crossing to the Neighbourhood Centre. The development is infill development
being located between two (2) other commercial uses and will not be out of
character at this location.
109. It is acknowledged that there is some conflict with the planning scheme with
respect to the subject land being included the Semi-Attached Housing Zone and
the Open Space Recreation Zone. However, according to the EIS, there is a high
level of economic need for the development and significant community benefit
will also occur. Further, the proposed development will not have an adverse
impact upon the existing Neighbourhood Centre or affect the viability of any
other centre. The proposed development will not adversely impact upon the retail
hierarchy as a whole.
110. Given the level of need identified for a supermarket, which is to primarily
serve the local trade area, the location of the proposed development is also of
key importance. Currently there is no other location where this type of
development can be provided, which is in close proximity to and integrated with
the existing Neighbourhood Centre. Consequently, given the merits that have
been identified, there is a significant planning need for the proposal. In my
opinion, there are sufficient grounds to overcome any conflict with the planning
scheme and the proposal should be supported.
Shane Adamson
Director
Adamson Town Planning Pty Ltd
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Attachment 1 – Proposal Plans (including 1A – Landscaping Plan) ‘Peregian Village Market’ Development Application – December 2013 Page 26
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Attachment 2 – Traffic Report ‘Peregian Village Market’ Development Application – December 2013 Page 27
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Attachment 3 - Bushfire Management Plan ‘Peregian Village Market’ Development Application – December 2013 Page 28
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Attachment 4 – Stormwater Management Plan ‘Peregian Village Market’ Development Application – December 2013 Page 29
Page 30
Attachment 5 – Property Vegetation Management Plan ‘Peregian Village Market’ Development Application – December 2013 Page 30
Page 31
Attachment 6 – Unexploded Ordinance Report (including 6A - Letter from DERM) ‘Peregian Village Market’ Development Application – December 2013 Page 31
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Attachment 7 – Economic Need and Impact Assessment ‘Peregian Village Market’ Development Application – December 2013 Page 32
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Attachment 8 - Koala Habitat Management Plan ‘Peregian Village Market’ Development Application – December 2013 Page 33
Used in these records
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