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Town Planning Report - Peregian Village Market · MCU13/0251

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                       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
Full text of the other 32 pages

Page 2

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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Page 18

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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Page 20

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




‘Peregian Village Market’ Development Application – December 2013             Page 25

Page 26

Attachment 1 – Proposal Plans (including 1A – Landscaping Plan)




‘Peregian Village Market’ Development Application – December 2013   Page 26

Page 27

Attachment 2 – Traffic Report




‘Peregian Village Market’ Development Application – December 2013   Page 27

Page 28

Attachment 3 - Bushfire Management Plan




‘Peregian Village Market’ Development Application – December 2013   Page 28

Page 29

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

Page 32

Attachment 7 – Economic Need and Impact Assessment




‘Peregian Village Market’ Development Application – December 2013   Page 32

Page 33

Attachment 8 - Koala Habitat Management Plan




‘Peregian Village Market’ Development Application – December 2013   Page 33

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