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2014-08-19 Planning & Organisation Committee Agenda - Pages 1-101
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AGENDA
Planning & Organisation
Committee Meeting
Tuesday, 19 August 2014
commencing at 1.30pm
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Noel Playford, Joe Jurisevic, Tony Wellington
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Full text of sections 2 to 87 (of 101)
Section 2
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES 3
PRESENTATIONS 3
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS 4
DA Planning & Environment 4
1 PLANNING & ENVIRONMENT COURT APPEAL 2985 OF 2014 DEVELOPMENT
PERMIT FOR MULTIPLE HOUSING TYPE 4 - CONVENTIONAL AND VISITOR
ACCOMMODATION TYPE 4 4
2 APPLICATION FOR MATERIAL CHANGE OF USE - SERVICE AND UTILITY
TYPE 3 (TOWER) SITUATED AT GRAHAMS RD, PINBARREN 7
3 REQUEST TO CHANGE EXISTING DEVELOPMENT APPROVALS - INCREASES
TO ONSITE OUTDOOR DINING AREAS AND RETAIL DISPLAY AREAS AT
LAGUNA ON HASTINGS 18
4 REQUEST TO CHANGE EXISTING DEVELOPMENT APPROVAL & EXTENSION
TO RELEVANT PERIOD FOR A DEVELOPMENT PERMIT TO RECONFIGURE A
LOT - 1 INTO 2 LOTS AT 1270 MCKINNON DRIVE, RINGTAIL CREEK 28
5 LEGISLATIVE AMENDMENTS TO TRUNK INFRASTRUCTURE PLAN AND
CHARGES 37
6 NATIONAL HERITAGE LISTING FOR THE COOLOOLA REGION 47
Strategic Land Use Planning 51
7 PROPOSED AMENDMENTS TO THE NOOSA PLAN 51
8 UPDATE ON ACCOMMODATING RECREATIONAL VEHICLES IN NOOSA SHIRE 95
CORPORATE SERVICES DEPARTMENT REPORTS 102
9 CORPORATE SERVICES DEPARTMENT UPDATE 102
10 ENTERTAINMENT AND HOSPITALITY EXPENDITURE POLICY 107
Finance 112
11 BUDGET REVIEW FOR CARRYOVER FROM 2013/14 INTO 2014/15 112
12 FINANCIAL PERFORMANCE REPORT JULY 2014 123
EXECUTIVE OFFICE REPORTS 130
13 EXECUTIVE OFFICE UPDATE 130
14 COMMUNITY ENGAGEMENT POLICY 134
15 EVALUATION OF LIVING SMART PROGRAM 143
16 MEMBERSHIP OF COUNCIL OF MAYORS (SEQ) 151
17 APPOINTMENT OF 2015 SHOW HOLIDAY 153
CLOSED SESSION 155
Page 2 of 155
Section 3
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
ATTENDANCE & APOLOGIES
PRESENTATIONS
Nil.
Page 3 of 155
Section 4
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS
(Planning & Development Sections only)
DA Planning & Environment
1 PLANNING & ENVIRONMENT COURT APPEAL 2985 OF 2014 DEVELOPMENT
PERMIT FOR MULTIPLE HOUSING TYPE 4 - CONVENTIONAL AND VISITOR
ACCOMMODATION TYPE 4
DOCUMENT IN FOR MATI ON
Author Manager, Planning & Environment – Kerri Coyle
Planning & Infrastructure Department
Index ECM/Application/MCU14/0008
Attachments Nil.
APPLICATION DETAILS
Applicant Adamson Town Planning on behalf of Raphill Pty Ltd
Proposal Development Permit for Material Change of Use – Multiple Housing
Type 4 – Conventional and Visitor Accommodation Type 4 -
Conventional
Appeal Filed 4 August 2014
Number of Submissions 2 Properly Made and 1 not properly made
PROPERTY DETAILS
Property Address 226 David Low Way, Peregian Beach
RP Description Lot 12 SP 207105
Land Area 1201m2
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Eastern Beaches
Zone Semi-Attached Housing
Overlays No Overlays Applicable
Assessment Type Impact
Page 4 of 155
Section 5
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
RECOMMENDATION
That Council note the report by the Manager, Planning & Environment to the Planning &
Organisation Committee Meeting dated 19 August 2014 regarding Planning & Environment Court
Appeal 2985 of 2014 and agree to defend the appeal.
REPORT
A report on this application to develop the site for multiple dwellings for use as either visitor
and/or permanent accommodation was considered by Council at its Ordinary Meeting on 31 July
2014. Council resolved to approve the application finding the following grounds were sufficient to
justify the decision despite the conflict with the planning scheme:
1. The proposed small low cost permanent and visitor accommodation provides housing
diversity ideally located in close proximity to the Peregian Beach neighbourhood centre and
other social infrastructure.
2. The building design is a well-articulated coastal building style that presents as domestic
scale and integrates well with development in the surrounding area.
3. The development allows sufficient separation between buildings, neighbouring properties
and adequate area for soft landscaping, outdoor recreation and clothes drying areas.
4. The site has been historically used for visitor accommodation.
An appeal was lodged with the Planning and Environment Court on 4 August 2014 by one of the
properly made submitters. The submitter seeks that the Court over turn Council’s decision and
refuse the application as the proposal is in conflict with The Noosa Plan; is likely to adversely
impact on amenity enjoyed by other uses; will visually dominate; has not satisfactorily addressed
drainage; and there are insufficient grounds to justify approval of the application.
While this appeal has been lodged by a submitter and it is largely for the applicant to defend the
appeal where they wish to proceed with the development, it is still appropriate for council to join
the appeal to defend Council’s decision where appropriate, provide information to the Court and
be a party to any proceedings should the applicant present amendments to the development
plans.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
A report on this application was considered by Council at its Ordinary Meeting of 31 July 2014.
Finance & Risk
The cost of the appeal will be largely borne by the applicant.
Consultation
External Consultation
Nil.
Page 5 of 155
Section 6
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Internal Consultation
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 6 of 155
Section 7
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
2 APPLICATION FOR MATERIAL CHANGE OF USE - SERVICE AND UTILITY TYPE 3
(TOWER) SITUATED AT GRAHAMS RD, PINBARREN
DOCUMENT IN FOR MATI ON
Author Development Planner, Jack Lewis
Planning & Infrastructure Department
Index ECM/ Application/ MCU13/0067
Attachments 1. Response by Applicant
2. Indicative Coverage Map
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 19 August 2014 regarding Application No. MCU13/0067 for a
Development Permit for Material Change of Use for Service & Utility Type 3 Tower situated at
Grahams Road, Pinbarren; and
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of the Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development authorised by this approval must be undertaken generally in
accordance with the Approved Plans listed below, unless otherwise amended by the
conditions of approval.
Plan No. Rev. Plan Name Date
4POM-51-09-COTT-C2 04 Overall Site Plan drawn by Aurecon 15/04/2014
4POM-51-09-COTT-C3 04 Site Set out Plan drawn by Aurecon 15/04/2014
4POM-51-09-COTT-C4 04 Site Elevation and Details drawn by 15/04/2014
Aurecon
Building Height
3. The maximum height of the structure must not exceed 31 metres above the finished
ground level and the natural ground surface.
4. Certification must be submitted to Council from a Licensed Surveyor which certifies
that the monopole structure does not exceed the maximum height requirement of this
Decision Notice.
5. No lights are permitted to be attached to the telecommunications facility, except
where required for aircraft hazard lighting purposes or similar.
Page 7 of 155
Section 8
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Health and Safety
6. The development must not, at any time during the life of the development, result in
human exposure to environmental electromagnetic emissions exceeding the current
regulations, standards and/or recommendations of the Australian Radiation
Protection and Nuclear Safety Agency (ARPANSA). The carrier of the infrastructure
must provide, at any time upon request by Council, written certification to
demonstrate compliance with this condition. The written certification must assume:
a. a maximum number of users over the lifetime of any pole or other supporting
structure
b. full power usage
c. a maximum down tilt of antennae.
7. Warning information signs and security fencing must be provided on the site to
prevent unauthorised entry. Fencing must be camouflaged through the use of
colours, materials and screening vegetation to blend the fence into the visual
landscape.
Colours and Finishes
8. The monopole and associated panels must be finished in colours that blend in
visually into the landscape.
Cessation of Use
9. The telecommunications facility must be removed from the site upon cessation of the
use.
Landscaping Plan
10. Dense screening vegetation shall be established around the enclosure in accordance
with Council’s Policy on Landscaping Guidelines and a properly prepared landscape
plan. Such landscaping is to be completed prior to the commencement of the use
and maintained at all times thereafter. The Landscape Plan shall include at a
minimum:
a. Identify and retain all existing trees within a 100m distance around the fenced
compound area of the tower. Existing trees shall not be lopped or pruned below
their existing height.
b. Appropriately selected tree species and understorey plantings to achieve dense
visual screening of the tower and having regard to the soil conditions. Trees
included shall be able to achieve up to 20m in mature height, though inclusion
of fast growing species is also desirable to achieve early visual screening.
c. The planting areas should maximise the screening opportunities surrounding
the tower and include appropriate planting for a distance up to 20m beyond the
perimeter of the lease area, whilst maintaining access and electricity supply.
A development application for Operational Works shall be required in this
regard.
Roadworks
11. The developer must provide an access driveway extending from the end of the
existing driveway servicing 66 Mountain View Road to the site of the
telecommunications tower. The works must be undertaken in accordance with an
Operational Works approval and must include:
a. A formation sufficient to cater for the vehicle types expected during the
construction and operational phases of the development
b. An alignment that protects significant vegetation and minimises the effects on
the adjoining properties.
Page 8 of 155
Section 9
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
12. During the construction phase the developer is responsible for maintenance of the
access driveway extending from the end of the sealed section of Mountain View
Road to the site of the telecommunications tower.
13. During the operational phase:
a. The developer is responsible for the ongoing maintenance of the access
driveway extending from the end of the existing driveway servicing 66 Mountain
View Road to the site of the telecommunications tower,
b. The developer must enter into an agreement with the owner of 66 Mountain
View Road to share the costs of ongoing maintenance of the access driveway
extending from the end of the sealed section of Mountain View Road to the end
of the existing driveway servicing 66 Mountain View Road.
B. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The telecommunications facility will provide coverage for the NBN fixed wireless
network, allowing for the delivery of higher speed data to households in the area;
2. The proposal is screened by substantial vegetation buffers and does not adversely
impact the existing visual qualities of the area.
PREVIOUS COUNCIL CONSIDERATION
At the Ordinary Meeting on the 31 July 2014, Council resolved to defer to the next round of
meetings consideration of Application No. MCU13/0067 for a Development Permit for Material
Change of Use for Service & Utility Type 3 Tower situated at Grahams Road, Pinbarren and
request the applicant to:
1. Investigate alternative sites to locate the tower that minimise visual impacts for residents
and impacts on the views of Mt Cooroora.
2. Provide a site plan detailing the likely area of service for the tower for the current location
and alternative sites investigated.
REPORT
On Friday 8 August the applicant responded to Council’s resolution. A summary and
assessment of the response is included below:
Investigate Alternative Sites
The applicant highlights their previous advice, suggesting that the alternative locations west of
Pomona Kin Kin Rd would require a facility at least 50m in height. This assertion is qualified by
transmission assessments for three alternative sites along Greenridge Pinbarren Road, based on
the terrain and obstructions (trees) limitations blocking a direct line of site transmission link back
to the approved National Broadband Network (NBN) facility at Pioneer Road, Pomona.
The applicant contends that a 50m+ tower along Greenridge Pinbarren Road would have more of
a visual impact on the surrounding residents than the proposed site. This part of Pinbarren is
zoned Rural Settlement and includes a greater number of houses than the proposed site, which
enjoy views south to Mt Cooroora, west to Mt Cooran and east to Mt Pinbarren. Greenridge
Pinbarren Road also forms part of the Major Road Network and is the main road connecting
Cooran to the east. While this part of Pinbarren already includes 25m high electricity stanchions,
it is agreed that a 50m+ tower along these relatively low lying areas adjacent to Pinbarren Creek
would be more prominent than the proposed tower and contrary to The Noosa Plan, which seeks
for Telecommunication Towers to not degrade views from the major road network.
Page 9 of 155
Section 10
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
The applicant also highlights that the alternative locations to the north of Pomona Kin Kin Road
would require a substantial tower located between the road and Mt Pinbarren, and would not be
an appropriate visual outcome. While the areas along Binalong Road (situated on the southern
slopes of Mt Pinbarren) were also identified within the original application, this area was
discounted due a lack of landowner agreement, and is surrounded by a number of houses within
the Rural Settlement zone, that would view any tower in this location.
The applicant contends the current proposal is in the best location to provide service to the
surrounding residents. The applicant notes that they have redesigned the entire NBN fixed
wireless network for the Sunshine Coast and Gympie areas, so as to reduce the height of this
tower from 40m to 30m and take advantage of the existing screening vegetation on the subject
site. The applicant has also actively consulted with community information sessions and consider
they have achieved the right balance between providing appropriate coverage and minimising the
visual impacts of the tower.
Network Coverage Map
The applicant highlights that the tower will provide service to approximately 230 houses in the
Pinbarren area. This is achieved by direct line of site from the top of the tower to surrounding
houses within a 3-5km radius around the antennas. The proposed plans indicate that there is to
be three antennas on the tower, providing coverage to the north, south and east. NBN Co
indicate that Cooran and the Rural Settlement zoned areas of Pinbarren have been planned to
be serviced with the NBN by either Fibre to the Premises or Fibre to the Node.
The applicant reiterates their previous response, outlining they do not issue coverage maps to
show which areas/houses will directly benefit from this service until the network has been
physically built and tested. This is because there may be areas on the fringe that may
alternatively benefit from satellite services. Rather, the development would provide a competitive,
reliable broadband to over 200 houses, where communication services are often poor, consistent
with the Overall Outcomes of the Infrastructure Uses Code of The Noosa Plan, which seeks
residents have access to adequate levels of infrastructure to meet their needs.
While the applicant still has not provided detailed coverage maps for the likely tower
infrastructure, attachment 2 has been generated by officers to provide a graphical overview of
the coverage areas based on the above mentioned parameters.
CONCLUSION
The applicant has responded to Council’s request for further information on alternative sites
within the Pinbarren area to locate the tower, concluding that the alternative sites would require a
50m+ tower, located closer to the major road network and Rural Settlement zoned properties.
The current proposal is considered to strike the most appropriate balance in terms of providing
appropriate levels of coverage, while minimising the visual impacts on adjoining residents.
Although the applicant has declined to provide coverage maps for the proposed tower, a
coverage map has been generated by officers based on the parameters mentioned in the
application. This map indicates that the applicant’s assertion of approximately 230 houses
gaining coverage from the infrastructure is roughly accurate.
The proposed tower at Grahams Road is set amongst existing vegetation and is an acceptable
distance away from neighbouring properties and the major road network, so as not to be visually
dominant or obtrusive. It is considered the following grounds are sufficient to support the
proposal:
Page 10 of 155
Section 11
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
The telecommunications facility will provide coverage for the NBN fixed wireless network,
allowing for the delivery of higher speed data to households in the area; and
The proposal is screened by substantial vegetation buffers and does not adversely impact
the existing visual qualities of the area.
The application is therefore recommended for approval, subject to conditions.
Departments/Sections Consulted:
Community Services x Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health x DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 11 of 155
Section 12
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Page 12 of 155
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
ATTACHMENT 1
Dear Kerri Coyle,
NBN Co is writing in response to Council's resolution of 31 July 2014 to defer DA MCU13/0067
for a proposed NBN Fixed Wireless facility at Grahams Rd, Pinbarren. NBN Co notes that the
grounds for the Development Application deferral were:
1. Investigate alternative sites to locate the tower that minimise visual impacts for residents
and impacts on the views of Mt Cooroora.
2. Provide a site plan detailing the likely area of service for the tower for the current location
and alternative sites investigated.
Before addressing these two issues individually, we wish to highlight to Council that this
Development Application has been the subject of a lengthy and rigorous investigation spanning
one year and four months.
Since lodging the Development Application with Sunshine Coast Regional Council on 18 April
2013, Council has requested an Information Request, and NBN Co has twice requested an
extension to the Information Request to enable us to undertake detailed site assessments and an
entire network re-design to facilitate alternative sites. Council has also twice extended the
Decision Making period to consider this Development Application.
We are disappointed to read the sentiments expressed this week in the Noosa News, considering
our continued cooperation with Council and residents regarding alternatives at Pinbarren. We
believe that Council has sufficient information to determine the Development Application that is
before it, including a detailed response to the Information Request relating to alternative sites.
1. Investigate Alternative Sites
NBN Co highlights that the Development Application currently before it already represents an
amendment to both the design and location of the original proposal, albeit within the same
property. It is nevertheless an alternative proposal to the original Development Application, which
has been carefully considered, and has previously required extensive network-wide revisions to
develop it.
NBN Co responded in good faith to an individual resident’s objection to the original Development
Application, by not only investigating alternative sites, but further, by re-designing the entire local
transmission network in both the newly formed Noosa Shire Council and Gympie Regional
Council to enable any alternative to be made.
To be specific, to ensure the validity of a 30m pole at a lower ground elevation, in a location
which takes effective advantage of existing tree screening off Grahams Rd, NBN Co has had to
remove transmission dishes from this proposal and relocate them to others facilities. NBN Co
also has had to re-direct transmission away from the Pinbarren proposal to other network
facilities. This was no small undertaking, both technically and commercially, and represented a
meaningful and significant response to the concern raised by the immediate neighbour.
We would reiterate that before proposing this particular alternative to Council, NBN Co did
consider a number of alternative sites west of Pomona Kin Kin Rd. A detailed consideration of
these alternative sites was previously discussed in our Response to the Information Request,
dated 8 May 2014.
We highlight to Council our advice in the Response to the Information Request, that alternative
locations west of Pomona Kin Kin Rd would require a facility at least 50m tall. Following Council's
resolution of 31 July 2014, NBN Co has requested a more detailed technical assessment from
our radio and transmission engineers of the necessary heights required at the three alternative
locations west of Pomona Kin Kin Rd, where the local ground elevation is highest. These
locations are:
e Alternative Location 1 — 1347 Greenridge Pinbarren Road, Pinbarren
e Alternative Location 2 — 1298 Greenridge Pinbarren Road,
8 Ss
qaurecon ERICSSON
Page 12 of 155Section 13
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Page 13 of 155
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Cooran
e Alternative Location 3 — 1344 Greenridge Pinbarren Road, Pinbarren
We advise Council that the minimum necessary height required at Alternative One would be 55m,
and the minimum necessary height required at Alternatives Two and Three would be 85m to clear
obstructions including vegetation. These heights are required to make a_ point-to-point
transmission link back to the adjoining (and approved) NBN facility at Pomona, to connect
Pinbarren back to the main NBN network.
Therefore, there is no question of proposing a lower height with a compromised service area —
this transmission height requirement represents an absolute technical pass or fail. Either the
transmission dish sees the adjoining network facility (to connect the community), or it doesn’t
(cutting off the community). Unfortunately a transmission link cannot be made at heights lower
than 55m at these alternative locations, and there are no other higher locations west of Pomona
Kin Kin Rd that offer elevations which could enable a shorter structure.
Please refer to Figures 1 to 3 below for the transmission assessment of the facility heights
required for the alternative locations west of Pomona Kin Kin Road. These figures illustrate the
terrain and obstruction (trees) limitations blocking a transmission link back to Pomona and
provide justification as to why these facility heights are required.
- Nome 1 =x 7 Og]
@®@ame ¥ ELF] (3) #
oc =__—_—_—_—_—_—_—_—_—_—_——_—_—_—_—_—_—_—9
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Ss
140 =
terrain and obstructions =
(e.g. trees) Fa
120 i
100 Approved NBN Pomona ; H S
: South Facility Location
ee JS £4“) y ™
0 0s 10 1.5 20 26 3.0 3.5 40 45 61
Pomona South Distance (km) Council_1
Figure 1: Transmission Assessment at Alternative Location 1
= caaaameemaas . - 0
ame k HF Gin 4
san —————————— 100008 (1 97 .
. Diesrence?? (et2 4 S7/k2=080)8 hg =
160
140 =
;
120 =
100 oy y . rs
PO SS YN a
Ry os 1.0 16 2.0 25 30 35 40 45 5.0
Pomona South Distance(km) Council_2
Figure 2: Transmission Assessment at Alternative Location 2
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Page 13 of 155Section 14
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Page 14 of 155
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
— i _— o
@®@awe & HIE] ain #
———— | F202 Kr 1 57
i Totat Loss = 126.4268 ————___—_—_—_ | —
(570) [EES AE cence er ae asd)
160
140 e
7 i
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Pomona South Distance(km) Council_3
Figure 3: Transmission Assessment at Alternative Location 3
We remind Council that the Development Application does include a discussion of additional
alternatives sites that NBN Co considered north of Pomona Kin Kin Rd, and we highlight that
those locations were either inaccessible (due lack of landowner agreement) or prominently placed
along the major road network. Council’s Planning Director had previously counselled NBN Co not
to propose facilities directly adjacent to Pomona Kin Kin Rd, or faciltiies that required significant
tree clearing.
NBN Co advises that having already re-designed the broader local transmission network to
enable a 30m pole off Grahams Rd, and having progressed the surrounding network over the last
twelve months, NBN Co does not intend to carry out another re-design of the Sunshine Coast and
Noosa transmission network.
1.1 Relative Planning Merit of Alternative Sites at 55m
We understand that some Councillors have suggested that a 50m+ structure west of Pomona Kin
Kin Rd may be a preferable outcome to the 30m structure proposed off Grahams Rd. In
response, NBN Co respectfully submits that a lattice tower structure, approximately twice the
height of the monopole structure proposed at Grahams Rd, and at least four times the width,
would not represent a better planning outcome at Pinbarren.
NBN Co appreciates that while an alternative site west of Pomona Kin Kin Rd may satisfy
individual residents located on Grahams Rd, we maintain that an objective assessment of the
visual impact would not support this alternative. Importantly, we do not believe it would meet with
the approval of the broader community — considering that Alternative Location 1, at 1347
Greenridge Pinbarren Rd, is in relatively close proximity to a substantial cluster of residences.
Please see Figure 4 below for an aerial image illustrating the proximity of Alternative Location 1 to
surrounding residences.
@ S
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Page 14 of 155Section 15
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Page 15 of 155
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
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Figure 4: Aerial Image of Alternative Location 1
NBN Co respectfully suggests that any of the three alternative locations would result in a
significantly greater visual impact to a large part of the community at Pinbarren, and will meet with
wider community objection. We confidently make this assertion, following the positive feedback
we received at our Community Information Session on 18 March 2014, during which NBN Co
received strong endorsement from participating residents for the alternative 30 m monopole that
we have proposed.
NBN Co advises that over 16 months, a thorough investigation of alternatives sites has been
conducted and documented to Council, taking into account the undulating terrain, technical
constraints, and potential visual amenity impacts. This process has been undertaken in good
faith, and in absolute cooperation with Council.
NBN Co maintains there is no better proposal than the Development Application currently before
Council to provide effective service to Pinbarren that minimises visual intrusion to the community.
For this reason, NBN Co does not intend to further pursue an investigation of alternative sites.
We request that Council determine the Development Application currently before it on its planning
merits.
2. Provide a Site Plan of proposed site and alternatives
NBN Co always seeks to strike a balance between maximising the reach of our service while
minimising the planning impacts of our infrastructure.
As above, NBN Co has advised Council that the alternative sites provide an analogous service to
the community as the facility proposed in our Development Application — but that they require
significantly greater structures to do so to connect back to Pomona. This is not a question of how
many properties are serviced — it is a question of whether the dish can see the Pomona facility or
not. We maintain that the alternative sites, requiring very large lattice towers, do not best strike
that balance between service provision and planning impacts.
NBN Co also advises Council that the proposed structure will introduce an NBN Fixed Wireless
service to ~230 premises in the Pinbarren community where presently this service is not
available. NBN Co believes this represents a clear public good — the provision of competitive,
reliable broadband to hundreds of houses in an area where
2 Ss
qaurecon ERICSSON
Page 15 of 155Section 16
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Page 16 of 155
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
communications services are often poor, or even unavailable. As previously advised to Council,
NBN Co does not issue coverage maps, and alternatively we identified the number of properties
that will benefit from the service provision to assist Council in its assessment of the public good
inherent in this Development Application.
We respectfully request that Council assess the Development Application we have submitted
against its planning merits, and not against hypothetical alternatives that NBN Co does not intend
to pursue for the valid planning reasons outlined above.
We believe that NBN Co has demonstrated a record of real cooperation and flexibility with both
Council and residents in Noosa Shire, and that this approach is evident at Pinbarren, where an
alternative site has been submitted to Council in response to community feedback and Council’s
Information Request, and was also put to widespread community consultation, in a process
lasting well over a year.
NBN Co continues to believe that we have put our best foot forward at Pinbarren, and that the
Development Application submitted to Council does have genuine planning merit. This we believe
is reflected in the Council Planner’s assessment, which recommends approval of the proposed
facility.
We respectfully urge Council to determine the Development Application submitted at its upcoming
August meeting.
Please contact Claire Harris on 3173 8738 or alternatively by e-mail
[email protected] if you require further information.
Yours Sincerely,
Set
Qa
James Irwin
Project Leader (Aurecon)
a Ss
qaurecon ERICSSON
Page 16 of 155Section 17
Attachment 2
Indicative Coverage Map (with terrain, land boundaries and zones overlayed)
*Generated by Jack Lewis 11 August 2014 using Google Earth and QLD Government Overlays
Page 17 of 155
Section 18
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
3 REQUEST TO CHANGE EXISTING DEVELOPMENT APPROVALS - INCREASES TO
ONSITE OUTDOOR DINING AREAS AND RETAIL DISPLAY AREAS AT LAGUNA ON
HASTINGS
Author Senior Development Planner, Denis Wallace
Planning & Infrastructure
Index ECM Applications 51997.2384.03 (12506 TC) & 132009.1102.03 (09/1102)
Attachments 1. Proposal Plan
APPLICATION DETAILS
Applicant Never Holdings Pty Ltd
C/- Martoo Consulting Pty Ltd
Proposal Request to Change Existing Development Approvals – Expansion of
Onsite Outdoor Dining, Retail Display Areas
Original Approval Type Town Planning Consent (Multiple dwelling (115 units), shops,
restaurants, outdoor dining areas and ancillary facilities)
Properly Made Date 05/02/13
PROPERTY DETAILS
Property Address Units 1, 6 & 7 Laguna On Hastings Arcade, 32 Hastings Street, Noosa
Heads
RP Description Lot 15 N21848
Existing Use of Land Multiple Dwellings, Shops and Restaurants
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosa Heads
Zone Visitor Mixed Use
Assessment Type Permissible Change to Existing Approvals
Page 18 of 155
Section 19
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
RECOMMENDATION
That Council approve applications No. 51997.2384.03 (12506 TC) & 132009.1102.03 (09/1102)
requesting changes to existing development approvals for Material Change of Use (Multiple
dwellings (115 units), shops, restaurants, outdoor dining areas and ancillary facilities), situated at
32 Hastings St Noosa Heads, in accordance with the following:
A. Change the approval description/type for 132009.1102 to Entertainment & Dining Business
- Type 1 (Food & Beverages).
B. Change Condition 1 (of 132009.1102) and Condition 38 (of 51997.2384) to read as follows:
Condition 1
Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table and as
may be amended by these conditions.
Plan No. Rev Plan / Document Name Consultant Date
326 – D01 D Floor Plans Existing and Thompsett 24/08/2011
Proposed Architecture
D-C01376-01- B _ Proposed Additional Martoo Consulting 29/01/2013
Exclusive Use Areas Pty Ltd
Condition 38
Outdoor dining areas shall be limited to those areas shown on approved Plan No. D-
C01376-01-B titled “Proposed Additional Exclusive Use Areas” drawn by Martoo Consulting
Pty Ltd dated 29/01/2013.
C. Include an additional Condition to 51997.2384 to read:
The existing “green wall” garden beds that have been established in the locations identified
as “Existing Vertical Green Wall” and “Proposed Vertical Green Wall” on approved Plan No.
D-C01376-01-B titled “Proposed Additional Exclusive Use Areas”, shall be maintained in
good condition, with plants of poor health replaced when required.
D. Amend the list of Approved Plans.
E. Agree to Execute the associated Infrastructure Agreement for Contributions in Lieu of On-
Site Parking Spaces, prior to the issue of the Decision Notices.
REPORT
1 PROPOSAL
The application seeks approval for a Permissible Change to two existing development approvals
for the Laguna on Hastings development. The requested changes involve a change of use from a
shop to a restaurant for one tenancy and increases to designated onsite outdoor dining areas,
retail display areas or utility areas of three commercial tenancies that surround a common
courtyard/plaza area. Details of the commercial tenancies and the proposed changes are
detailed below. Note all areas described are within the site and are not footpath dining or the like.
A full site proposal plan is also included as Attachment 1.
Page 19 of 155
Section 20
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Tenancy 1 – Noosa Heads Pharmacy
19m2 increase to the outdoor display area associated with the Chemist, with the additional area
located to the front and side of the existing premises. This area has been used by the chemist for
an extended period of time (>10years).
Figure 1 - Display Area in Front of Noosa Heads Chemist
Figure 2 - Proposal Plan of Additional Display Area to Noosa Heads Chemist
Page 20 of 155
Section 21
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Tenancy 6 – Shop/Restaurant (previously Sandy’s Deli)
Change of use for the internal space from shop to restaurant, 76m 2 of additional outdoor dining
area and a new 22m2 utility area at the rear of the premises (for storage/back of house
purposes).
Figure 3 – Vacant Tenancy at Unit 6, Previously Sandy’s Deli
Figure 4 - Proposed Utility Area to rear of Unit 6
Page 21 of 155
Section 22
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Figure 5 – Proposed Plan of Additional Outdoor Dining & Utility Area to Unit 6
Tenancy 7 – Aromas Café
56m2 increase to the existing designated outdoor dining area. The increase expands the outdoor
dining westward and to the rear of the café. The expanded area has been used by Aromas for
some time (2 years +).
Figure 6 - Outdoor Dining Area at Aromas Café
Page 22 of 155
Section 23
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Figure 7 – Proposed Plan of Additional Outdoor Dining Area to Aromas
2 BACKGROUND
Council issued town planning consent TC12506 (51997.2384) in 1998 for 115 units, 8 Shops, 2
restaurants, outdoor dining and ancillary facilities on the site. The applicant subsequently
submitted plan amendments that included a reduction in the number of units from 115 to 112,
deletion of a restaurant, reduction in dining areas, and reduction in height of buildings fronting
Hastings Street.
On the 22 January 2010, Council issued development approval 132009.1102 for a change of use
to a shop with outdoor dining areas at Unit 6. Subsequent changes to this approval were issued
on the 30 September 2011 allowing part of the outdoor dining area to be enclosed.
A change approval (51997.2384.01) was issued in 2012 allowing security screening to outdoor
dining areas to Unit 7 (Aromas).
3 ASSESSMENT
3.1 Statutory Process
The proposed change to the development approval requested by the applicant is considered to
constitute a permissible change because:
The changes would not result in a substantially different development as the additions are
to existing approved uses on the site;
The change would not trigger a new referral to the State Assessment and Referral Agency;
The original application was impact assessable and the proposed changes would not likely
cause a person to make a properly made submission as the changes remain consistent
with the character of the approved development on the site; and
The changes do not involve prohibited development.
On this basis, the applicant is considered to be following the lawful process in making the
request.
3.2 State and Other Statutory Instruments
The proposal is generally consistent with current State planning and statutory instruments
applicable to the site.
Page 23 of 155
Section 24
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
3.3 Statutory Provisions - Planning Scheme
The site is located in the Visitor Mixed Use zone of the Noosa Heads Locality Plan area under
The Noosa Plan. The approved retail and dining uses within the subject tenancies are listed as
consistent uses within the zone and contribute to the desired mix and character of Hastings
Street. In particular, the outdoor dining areas contribute to the street’s vibrancy and appeal as a
restaurant and tourist destination.
The Planning Scheme codes applicable to the proposal comprise:
Assessment against these raises some planning concerns, detailed below.
Car Parking Noosa Heads Locality Code
Business Uses Code
Landscaping Code
Engineering Works Codes
The increased use areas of the tenancies will generate additional parking demand. The
applicable planning scheme requirements for parking are:
Tenancy 1 = 19m2 x 1 space/20m2 (retail) = 1.9 spaces
Tenancy 6 = 76m2 x 1 space/10m2 (dining) = 7.6 spaces
Less provision for an internal kitchen area to which
parking does not apply - 30m2 x 1 spaces/10m2 =-3.0 spaces
Tenancy 7 = 56m2 x 1 space/10m2 (dining) = 5.6 spaces
Total: = 12 spaces
The applicant is unable to provide additional parking on the site but is willing to pay contributions
in lieu, in accordance with the (now repealed) Planning Scheme Policy PSP13 Contributions in
Lieu of the Provision of Off-Street Parking, which was in place at the time of the application
lodgement.
Monetary Contributions in Lieu of Parking
The applicant has undergone protracted negotiations with Council’s planning section over the
issue of car parking for this proposal. It ultimately agreed to enter into an Infrastructure
Agreement for contributions in lieu of providing 12 car spaces in line with PSP13. The indexed
contribution totals $262,008. Council officers drafted an agreement on this basis and it was
recently returned signed by the applicant. Its full execution is now pending a decision on this
matter. Council is not obliged to sign the agreement.
At its Ordinary Meeting of 26 June 2014 Council resolved:
That Council note the report by the Senior Strategic Planner to the General Committee
Meeting dated 23 June 2014 and request Strategic Land Use Planning to prepare a detailed
report addressing the feasibility of accepting contributions in lieu of the provision of off-street
parking within each locality and, in the interim, not generally accept monetary contributions in
lieu of the provision of off-street parking.
The resolution indicates it is inappropriate for Council to adopt a policy position of accepting
payments prior to undertaking a detailed review of the issue and, in the interim, each
development application must be assessed on merit.
Since Council currently does not have an adopted plan for infrastructure spending (or similar) for
parking contributions, it is problematic to continue to increase parking demand without identified
ways to invest in offsets. However, it is considered some factors exist in favour of this
application, being:
Page 24 of 155
Section 25
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
The application was lodged with Sunshine Coast Council in March 2013 when PSP13 was
still in place and the applicant subsequently agreed to pay parking contributions in good
faith.
The Hastings Street area is generally considered a primary location for future delivery of
new public transport infrastructure and/or programmes to deliver transport mode shifts
away from private cars. Some known opportunity exists to deliver new infrastructure (such
as upgrades to the local transit hub) and Council is currently investigating others (electric
bus network).
The majority of the new use areas, associated with the chemist and Aromas, are already
being used without apparent significant parking impacts.
Council has historically encouraged outdoor dining on Hastings Street, where appropriate,
with those areas being a major contributor to the street’s character and vitality.
It is recommended that contributions in lieu of parking provision are accepted for this application.
In the short term, it is considered that the Hastings Street precinct will not be unacceptably
impacted by the potential increased parking demand and, in the longer term, the funds are
expected to be able to be directed toward projects that will deliver real offsets.
Landscaping
The 22m2 utility area expansion at the rear of Unit 6 involves the loss of a garden bed originally
approved in this area. The expanded outdoor dining areas are also proposed in what were
previously considered as hard landscaped areas on the site (i.e. paved). The applicant submits
that a large green wall erected along an approximately 40m length of the courtyard walls and
totalling 110m2 in area (see Figure 8 below) adequately offsets the expanding use areas’ impacts
on landscaping.
Figure 8 – New Green Wall to Courtyard Between Units 6 & 7
The small area of softscaping being lost at the rear of Unit 6 is not considered to contribute
significantly to the landscaping on the site and the provision of the green wall is supported,
subject to a condition that it be maintained.
3.4 Changes to Conditions
The requested changes will require some minor amendments to conditions of the existing
approvals, with the amended conditions listed in the recommendation.
Page 25 of 155
Section 26
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
4 CONSULTATION
4.1 External Consultation
The draft Infrastructure Agreement was reviewed by Sunshine Coast Council’s Solicitor, Graham
Philips, in 2013.
4.2 Internal Consultation
The application was referred to Council’s Infrastructure Charges Officer for comment and
discussed with Council’s Coordinator - Project Design & Delivery.
5 CONCLUSION
The proposed expansion of use areas on the site raises some planning concerns because the
development is unable to provide additional parking spaces to meet the potential demand
increase the additional areas will create. The application was lodged at a time when Council’s
Planning Scheme Policy to accept contributions in lieu of parking provision for development in
Hastings Street was still in place. This Policy is no longer in place but it is considered that there
are grounds to accept contributions for this application.
Internal Consultation
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 26 of 155
Section 27
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
ATTACHMENT 1
Page 27 of 155
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IMPORTANT NOTE: .
This plan was prepared for Never Holdings Pty Ltd as a proposal plan to accompany a Scale 1:200 - Metres.
development application to Sunshine Coast Regional Council and should not be used for any ae —— —eey
other purpose. The dimensions, areas and total number of lots shown hereon are subject to 10 0 10 20
the issue of all relevant development permits by Sunshine Coas Regional Council; a field
survey by a Consulting Cadastral Surveyor and also any additional requirements of Sunshine a s #
Coast Regional Council and any other authority which may have requirements under any R.P.D . DEVELOPMENT ow PROJECT uy
relevant legislation. In particular, no reliance should be placed on the the information on this S eens a [oe # Ou
plan for any financial dealings involving the land. This note is an integral part of this plan. Boba
. eee Lot 1, 6 & 7 on SP120366
Boundaries of Building Format Lots 1-3, 6-9 are the centreline of walls (not defined by Ph: 07 54555425. “ser Proposed Additional Exclusive Use Scale: Date:
Boundaries of Building Format Lots 1-3, 6-9 are the centreline of walls (not defined by : ; : ,
dimensions) and have been plotted by scaling from SP120366 only. martoo Fax: 07 54555725 8-32 Hastings Street, Areas 1:200 (A3) 29/01/201
Ii symp: NOOSA HEADS
Boundaries of existing exclusive use areas have been plotted from sketch plan “B" contained in consu Ing a 38 Nash Street Applicant: Drawn By:
the Community Managemant Statement for the "Laguna on Hastings Arcade" Community Titling ply Itd P.O, Box 391 Local Authority: Never Holdings Pty Ltd LM - MARTOO CONSULTING
Scheme. As the dimensions on the sketch are related to building elements which have been town planners + Sab ately SUNSHINE COAST
altered this the sketch was prepared, the outline of the exclusive use areas is approximate only urban designers Fax: 07 54824952 REGIONAL COUNCE. oe Rolerence Na: ShastNoz
+ surveyors Proposal Plan D-C01376-01-B 2of2Section 28
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
4 REQUEST TO CHANGE EXISTING DEVELOPMENT APPROVAL & EXTENSION TO
RELEVANT PERIOD FOR A DEVELOPMENT PERMIT TO RECONFIGURE A LOT - 1
INTO 2 LOTS AT 1270 MCKINNON DRIVE, RINGTAIL CREEK
DOCUMENT IN FOR MATI ON
Author Senior Development Planner, Denis Wallace
Planning & Infrastructure Department
Index ECM/ Application/ 152006.862.02
Attachments 1. Approved Subdivision Plan
2. Approved Material Change of Use Plan
APPLICATION DETAILS
Applicant Mr J Franz
Proposal Request to Change Existing Development Approval and Extension to
Relevant Period
Original Approval Type Development Permit to Reconfigure a Lot – 1 into 2 Lots
Properly Made Date 24/4/2014
PROPERTY DETAILS
Property Address 1270 McKinnon Drive, Ringtail Creek Qld 4565
RP Description Lot 26 SP 1047068
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroibah
Zone Rural
Assessment Type Permissible Change to Existing Approvals
Page 28 of 155
Section 29
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
RECOMMENDATION
That Council note the report by the Senior Development Planner to the Planning & Organisation
Committee Meeting dated 19 August 2014 and approve the request to change a development
approval and extend the relevant period of Application No. 152006.862.02 (06/0862) situated at
1270 McKinnon Drive, Ringtail Creek in accordance with the following:
A. Delete Conditions 11 and 13.
B. Amend Conditions 10 & 29 to read as follows:
10. Prior to endorsement of the plan of survey by Council, a metes and bounds plan shall
be submitted to Council indicating the house site and effluent disposal area/s on Lot 1
and Lot 2.
29. Refer to the Department of Natural Resources and Mines’ conditions included as
Attachment 1 in the Department of State Development, Infrastructure and Planning’s
letter dated 6 June 2014.
C. Delete the requirement for a further Development Permit for Operational Works –
Landscaping.
D. Agree to extend the relevant period by 4 months to 12 September 2014 and change
Condition 2 accordingly.
REPORT
1. PROPOSAL
The application seeks approval to change conditions of approval and extend the relevant period
of the 1 into 2 lot subdivision. The applicant requests:
Changes to conditions 10, 11, 13 and 29 of the approval that applicant submits are not
required or are in conflict with a later Material Change of Use approval for a detached
house issued for the site; and
Extension to the relevant period of the approval by 4 months.
In support of the changes the applicant’s consultant submits:
The applicant has been progressing with the subdivision approval (2006/862), has lodged an
application for operational works, received approval and paid the relevant bond. However,
following approval of the subdivision approval Council notified the applicant that the Development
Approval for the dwelling (MCU11/0204) was not consistent with conditions of the subdivision
approval. In this regard the conditions of the subdivision approval state that the locations of future
dwellings are to be outside the mapped Remnant Vegetation, whereas the Material Change of
Use approval approves a dwelling within the mapped vegetation area.
The applicant also requests an extension of the currency period for a further four (4) months
based on the following.
The applicant has been progressing with subdivision approval as evidenced by the
submission and subsequent approval of the relevant operational works application for the
development;
The site was listed for possible purchase by Sunshine Coast and the applicant delayed the
commencement of the subdivision waiting for confirmation of Council purchase before
proceeding with the subdivision. The new Noosa Council advised that they were not
interested in purchasing the site and hence the applicant has proceeded with the
development;
Page 29 of 155
Section 30
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
The extension of time is required to overcome an inconsistency of conditions associated
with the subdivision and the later Material Change of Use application for a dwelling;
The additional time is required to enable State agencies to comment on the requested
changes to conditions.
The subdivision is consistent with the form of development in the area and represents a
logical extension to Riverpark Drive.
2. BACKGROUND
The original application was made in 2006 under the Superseded Planning Scheme and sought
to subdivide 2 lots into 6 lots. Following a lengthy assessment process, negotiation by the
applicant with a State agency and amendments to the proposal, a Development Permit to
Reconfigure a Lot – 1 Lot into 2 Lots was issued on 22/3/2010 and took effect on 17/5/2010 with
the issue of a Negotiated Decision Notice. The approved lots are 5.6ha and 56.6ha in size,
shown as Lot 1 and Lot 2 respectively on the approved plan at Attachment 1.
In December 2011, Council issued a separate Material Change of Use approval (MCU11/0204)
for a dwelling house on the site within a 2,000m 2 cleared area of the site, approximately 450m
from the riverbank. The approved plan for that development is included as Attachment 2.
3. STATUTORY PROCESS
Request to Change Conditions of Existing Approval
The applicant has requested to make a permissible change to a development approval under
s369 of the Sustainable Planning Act 2009. A request to change a development approval under
s369 can only be made in circumstances where that change would constitute a ‘permissible
change’.
The proposed change to the development approval requested by the applicant is considered to
constitute a permissible change on grounds that:
The changes to conditions will not result in a substantially different development because
they align with the existing development approval for a material change of use;
The change would not require the application to be referred to additional concurrence
agencies;
The original application was code assessable and the change would not cause the
application to become impact assessable;
The change would not cause the approval to involve prohibited development.
On this basis, the applicant has followed lawful process in making a request under s369 of the
Act.
Extension to Relevant Period
Section 388 of the Sustainable Planning Act 2009 applies to requests to extend the relevant
period, it states that in deciding a request the assessment manager must only have regard to:
(a) the consistency of the approval, including its conditions, with current laws and policies
applying to the development, including, for example, the amount and type of infrastructure
contributions, or infrastructure charges payable under an infrastructure charges schedule;
(b) the community’s current awareness of the development approval; and
(c) whether, if the request were refused-
(i) further rights to make a submission may be available for a further development
application; and
(ii) the likely extent to which those rights may be exercised; and
(d) the views of any concurrence agency for the approval.
Details of the assessment against these provisions are provided later in this report.
Page 30 of 155
Section 31
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
4. ASSESSMENT
Details and assessment of the requested changes to the existing conditions are provided below.
Conditions 10 & 11 – House Site Areas
10. Prior to endorsement of the plan of survey by Council, a metes and bounds plan shall be
submitted to Council indicating the house site and effluent disposal area/s on Lot 1 and Lot
2. The house site and effluent disposal area shall be located on areas outside the Coastal
Management District, Remnant Vegetation and a 40m buffer from the Remnant Vegetation
as identified by the Department of Environment and Resource Management (DERM)
reference IC0706NAM0013 and DERM-Ecoaccess Permit number: IPCC01443109.
11. There shall be no buildings, structures or civil works (eg earthworks, dams, levies,
driveways) within the Coastal Management District, Remnant Vegetation and the 40m
buffer from the Remnant Vegetation as identified by the Department of Environment and
Resource Management (DERM) reference IC0706NAM0013 and DERM -Ecoaccess
Permit number: IPCC01443109 or any environmental covenant created on this site.
Applicant’s Request
The applicant seeks deletion of the conditions due to their conflict with MCU11/0204 for a
dwelling which was approved by Council, issued after the subdivision approval and permits a
dwelling within the Remnant Vegetation. The condition is therefore inconsistent with the later
approval and should be deleted.
Assessment
It is agreed that the conditions conflict with the subsequently issued Material Change of Use
approval for a house on the site. The conditions were also generally redundant at the time of
issue because they reference concurrence agency conditions that apply to the approval. The
State and Assessment Referral Agency (SARA) has now amended its conditions through this
application process and removed these requirements.
Condition 11 can be deleted and it is recommended that condition 10 be simplified to read as
follows:
10. Prior to endorsement of the plan of survey by Council, a metes and bounds plan shall be
submitted to Council indicating the house site and effluent disposal area/s on Lot 1 and Lot
2.
Condition 13 – Rehabilitation of Coastal Management District
13. Prior to any works commencing on the site, an Operational Works (Landscaping)
application is required, and is to be approved by Council. The plan is for the Vegetation
Management and Rehabilitation of the Coastal Management District. The rehabilitation plan
shall include the following:
13.1 A revegetation layout on A3 plans at a scale of no greater than 1:500, including a
scale on the plan;
13.2 A species palette incorporating the species selection of only native indigenous
species;
13.3 Maintained free of grazing animals using appropriate fauna friendly fencing;
13.4 The removal of barbed wire from all fences within or on the boundary of the covenant;
13.5 Peg the boundary of the covenant area with durable posts at least every 10m with A4
signs stating “Covenant Boundary, Coastal Management District Area”
Page 31 of 155
Section 32
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
13.6 All Class 1, Class 2 and Class 3 pest plants declared under the Land Protection (Pest
and Stock Route Management) Act 2002 and including all Camphor Laurel trees on
the property are to be controlled on the site prior to Council endorsement of the Plan
of Survey. In this context “controlled” shall mean, for class 1 and 2 pests, completely
eradicated. For class 3 pests it shall mean removal of the plants where they threaten
environmentally significant areas of the site such as riparian zones and areas of
natural vegetation.
Where class 3 plants are removed as a result of this condition and there is not
sufficient natural regeneration of native species, the areas shall be replanted with
endemic native species so that a sustainable natural ecosystem is restored.
Council’s Environment and Landscaping Unit will not inspect the site until 30 days
after the weed treatment and replanting is complete
13.7 Near to equal numbers of appropriate species to be used within the relevant
revegetation areas of the buffer so that one species of plant is not over or under
represented on the site;
13.8 The species densities of at least:
Sedges, macrophytes and grasses at 0.5 metres centres;
Shrubs at 1.5 metre centres; and
Trees at 1.5 metre centres for those species four metres from the boundary of
rehabilitation works for weed exclusion purposes and 2 metre centres for species
further from the edge;
13.9 Measurable and achievable criteria on which the performance of the floristic and
structural component of the re-vegetation strategy can be assessed annually over
three years, including no weeds on the entire covenant area for all of the 3 years and
at the end of the re-vegetation period; and
13.10 Nominate a total bond amount of 1.5 times the schedule of works estimate of costs
(plus GST) for the re-vegetation works, including maintenance for three years. This
plan must also nominate triggers for the release of this bond at 10% for the first year,
10% for the second year, and 80% in the final year.
Applicant’s Request
The applicant requests deletion of the requirement as the Coastal Management District of the site
is in good condition and does not need any revegetation or rehabilitation. The area is currently
fenced and is in its natural state and there is no need for any further works. The condition is
therefore superfluous, not relevant and should be deleted.
Assessment
The applicant’s submission regarding this area is generally agreed with. The Coastal
Management District Area is low-lying land (predominantly salt marsh) subject to tidal inundation.
Extensive landscaping works are not considered a reasonable imposition for a 1 into 2 lot
subdivision, particularly since no new property boundaries are proposed through the area.
Condition 29
29. Refer to the Department of Environment and Resource Management conditions in their
letter dated 10 February 2010.
Applicant’s Request
The condition is requested to be modified in accordance with anticipated changes from the
relevant referral agencies.
Page 32 of 155
Section 33
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Assessment
Agreed. A response was received from SARA on 6 June 2014 which agrees to the requested
changes to the concurrence agency conditions and the condition can be modified accordingly.
Extension to Relevant Period
The applicant requests an extension of 4 months to the relevant period. An assessment against
the relevant aspects of Section 388 of the SPA is provided below.
Consistency with Current Laws and Policies
The development raises some significant conflicts with current planning instruments. The
approved subdivision proceeded under transitional provisions of the South East Queensland
Regional Plan (SEQRP) (Division 3 (5.3.d) of the 2005-2026 Plan). The site was zoned Rural
Settlement and Open Space Conservation under the Superseded Planning Scheme for Noosa,
which allowed for the subdivision.
The site is in the Regional Landscape & Rural Production Area of the SEQRP and would not be
able to be subdivided if the application were remade. The site is also now zoned Rural under The
Noosa Plan, which does not allow for subdivision of the site. These are substantial conflicts with
primary planning instruments and would normally preclude approval of extension to the currency
period of the approval. However, the following are considered to be grounds in favour of the
request:
The applicant has taken steps to complete its obligations under the approval and is very
close to finalising plan sealing (i.e. a matter of days).
The applicant has obtained an operational works approval required for access/driveway
works and completed those works.
The extension will allow time for State agencies to respond to the requested changes to
conditions of the approval that were made prior to the lapsing date.
Given 8 years has elapsed from the time of lodgement of the original application, the
requested 4 month extension is a minor extension that will allow completion of the
development.
The completed development will result in 1 additional rural lot of 56ha, which will remain
consistent with the rural character of the area and will not negatively impact on existing
residents in the area or cause unacceptable planning outcomes.
The development has also been considered against the provisions of the new Single State
Planning Policy and does not raise any significant new conflicts in that regard.
Infrastructure Charges
On 6 February 2014, Council resolved that in determining applications to extend the relevant
period of approval, Council will require payment of additional contributions via an Infrastructure
Agreement for Trunk Infrastructure Networks not previously applied to the existing approval (but
limited to the maximum Adopted Infrastructure Charge amount).
Under the provisions of the existing approval infrastructure contributions have not been required
for the following relevant networks:
Transport
Stormwater
These networks are now applicable to the proposed development. An infrastructure agreement
was drafted for the additional network charges in order for the approval to remain consistent with
current laws and policies applying to the development. The applicant agreed to enter into an
Infrastructure Agreement and provided the signed document on 6 August 2014.
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Community Awareness and Likelihood of Submissions
The original application was code assessable and not subject to public notification. Subdivision
under The Noosa Plan remains code assessable and this application, therefore, does not raise
concerns with community awareness or submission rights tests under the Act.
Concurrence Agency Views
The applicant referred the application to SARA to seek its assessment of changes to
concurrence agency conditions and the extension to the relevant period. SARA’s response
dated 26 May 2014 states it has no objection to the extension to the currency period.
5. CONCLUSION
The proposed extension to an existing development permit for a rural subdivision granted in 2010
raises some planning concerns because the development would be unlikely to be approved
under current planning provisions. Despite this, the 4 month extension sought is considered
relatively minor and there are grounds in favour of the extension.
Internal Consultation
Departments/Sections Consulted:
Community Services x Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
APPROVED PLAN OF SUBDIVISION (1 INTO 2 LOTS)
ATTACHMENT 1
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
APPROVED MCU PLAN WITH ALTERNATE HOUSE SITE ON FUTURE LOT 2 ATTACHMENT 2
Page 36 of 155
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
5 LEGISLATIVE AMENDMENTS TO TRUNK INFRASTRUCTURE PLAN AND CHARGES
DOCUMENT IN FOR MATI ON
Author Infrastructure Assessment Officer, Oddbjorn Ludvigsen
Planning & Infrastructure Department
Index ECM/ Subject/ 66.02 - Infrastructure Charges Instruments & Policy
(Council/State)
Attachments Nil
EXECUTIVE SUMMARY
The Adopted Infrastructure Charges regime commenced on 1 July 2011 and replaced all
previous contributions and charges regimes applying to new development. The State
Government’s recent review of the adopted infrastructure charges regime and priority
infrastructure planning introduced amendments to the Sustainable Planning Act 2009 that
commenced on 4 July 2014.
This report provides Council with a summary of the major changes and the subsequent actions
required to be undertaken to satisfy the amended legislation.
RECOMMENDATION
That Council note the report by the Infrastructure Assessment Officer to the Planning &
Organisation Committee Meeting dated 19 August 2014 and:
A. Resolve to undertake an amendment to the Priority Infrastructure Plan in accordance with
the recent amendments to the Sustainable Planning Act 2009 and corresponding new
Statutory Guideline 03/14;
B. Request staff to prepare an amendment to Council’s Infrastructure Charges to satisfy the
Sustainable Planning Act 2009 for presentation to a future Council meeting; and
C. Request the Chief Executive Officer to negotiate with Unitywater regarding a simplified
infrastructure “charges breakup” agreement applying a weighted average demand
approach for inclusion in the future amendment to Council’s Infrastructure Charges.
REPORT
The State Government’s review of “trunk” infrastructure planning and infrastructure charges has
been an ongoing process for many years. Adopted Infrastructure Charges commenced on 1 July
2011 as a temporary measure replacing all former Council infrastructure contributions policies
and infrastructure charges plans applying to new development. It was intended that further State
Government reviews would provide a new and long term infrastructure charges regime to be in
place by 1 July 2014.
The “Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014”
was released for a limited consultation period in May 2014 and Council provided a
comprehensive submission to the State on 15 May 2014. Some changes were made to the Bill
before being passed by Parliament on 19 June 2014 as the “Sustainable Planning (Infrastructure
Charges) and Other Legislation Amendment Act 2014” with the amendments to the “Sustainable
Planning Act 2009” (SPA) having commenced on 4 July 2014.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Due to the transitional provisions of the Act, Council has some time to amend its current Adopted
Infrastructure Charges Resolution and Priority Infrastructure Plan to comply with the legislative
amendments. However, the Act overrides any inconsistencies that may now exist regarding
infrastructure charges issued from 4 July 2014.
The planning and charging framework for trunk infrastructure has primarily maintained the current
“capped” adopted charges philosophy, but has brought about some substantial changes in
relation to the definition of trunk infrastructure, valuing of infrastructure, providing offsets and
refunds for constructed infrastructure, converting non-trunk to trunk infrastructure and calculation
of the permissible maximum charge. Many of these items are also subject to compliance with
new Statutory Guidelines.
The major changes, impacts and subsequent actions required to be undertaken by Council to
satisfy the amended legislation is provided as follows:
1. Continuation of Capped Infrastructure Charges Regime
The existing State Planning Regulatory Provision (adopted charges) dated 1 July 2012 (SPRP),
will continue to be the SPRP (adopted charges) instrument under the transitional provisions of
the amended Act. However, while the current SPRP sets the maximum amount used for
calculating an adopted infrastructure charge this has remained basically unchanged, the
legislative amendments have now stipulated that the permissible maximum charge may only be
issued for additional demand caused by the development.
In working out additional demand, the legislation now specifically excludes an existing lawful use
that is taking place on a premise. It also excludes any use that was lawful but is no longer taking
place and has no time limit as to when this use previously existed or whether any previous
infrastructure contributions were ever made. This consideration was previously at Council’s
discretion which enabled some indexation to occur. This legislative change means that for
infrastructure charges issued from 4 July 2014, indexation of the charge is now solely limited to
the Ministers future decision. It also means that a credit for a previous use must be included even
if no previous contributions were made.
For example, under Council’s resolution, the adopted infrastructure charge applicable for a 2 x 3
bedroom duplex for a development approval issued up to 3 July 2014 would be $29,875 at CPI
March 2014 and subject to indexation until paid. In contrast, approvals issued from 4 July 2014
onwards, the maximum infrastructure charge permitted reverts back to the July 2011 unindexed
amount of $28,000 and is only subject to indexation to the payment date if decided by the
Minister.
2. PIP to LGIP
The infrastructure planning instrument required to form part of Council’s planning scheme has
changed from a Priority Infrastructure Plan (PIP) to a Local Government Infrastructure Plan
(LGIP). There is no immediate requirement for a Council to prepare an LGIP, but under the
transitional provisions of the Act, this document is required to be in place by 1 July 2016.
A LGIP’s relevance to Council infrastructure conditioning powers for development approvals
remains unchanged as for a PIP. However, changes have been introduced in relation to the
contents of a LGIP relating to trunk infrastructure and in determining its value.
Under the transitional provisions of the Act, Council’s current PIP becomes a LGIP. Although the
day the PIP was included in the planning scheme determines when the LGIP is required to be
reviewed (i.e. every 5 years), an amendment must still be made to it by 1 July 2016 to fully
comply with the new LGIP requirements under the Ministerial guideline under the prescribed
regulation. Failure to do so will limit Council’s infrastructure conditioning and charging powers.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
The Statutory guideline 03/14 “Local government infrastructure plans” was only just released in
late July 2014 and an amendment to a PIP will require a full review process to be undertaken
rather than that of an interim amendment. The review process for an LGIP amendment is
summarised as follows:
It should also be noted that the new process will require Council to engage and pay for an
external consultant’s review and approval prior to undergoing the Minister’s review and approval.
At the current time, the State Government’s panel of approved reviewers is not yet available.
As the current PIP has its base date at June 2006, it means that the amendment will also require
reviews to update the supporting infrastructure planning documentation that underpinned the PIP
to the current time. Many of the reviews required in relation to the transport network, public parks,
community infrastructure and infrastructure asset valuations have already commenced or will
commence by the respective Council branches. While there are no changes planned to the
density provisions of the planning scheme, an update of the population and development data
will also need to address more recent census data and projection requirements.
3. Infrastructure Charges Resolution
Since 1 July 2011 infrastructure charges have been levied through Council’s adopted
infrastructure charges resolution. The Act continues with that general framework but the
resolution is now called a charges resolution.
Under the transitional provisions in the Act, Council’s existing adopted infrastructure charges
resolution becomes a charges resolution and will continue in effect until 1 July 2015, unless
otherwise repealed. However, the Act overrides the current resolution to the extent of any
inconsistency or omission with the new requirements.
An amendment to the current resolution must be undertaken by 1 July 2015 to address these
inconsistencies and to comply with the new legislative requirements in order to continue issuing
infrastructure charges on development from that date. These requirements relate to calculation of
charges, automatic increase provision (indexation), offset and refunds, conversion applications
and valuing infrastructure.
The process for making a charges resolution have been simplified in that the Council only needs
to upload the resolution and maintain it on its website for it to take effect.
4. Infrastructure Charges Notices (ICN)
Previously, the Act referred to a number of different notices such as an infrastructure charges
notice, a regulated infrastructure charges notice and an adopted infrastructure charges notice.
The only notice that is now issued by a Council following commencement of the legislative
amendments is an Infrastructure Charges Notice (ICN).
New matters to be incorporated in an ICN include how the infrastructure charge was determined,
any automatic increase provision and whether an offset or refund for constructed trunk
infrastructure applies. The ICN must also include an information notice that states the reasons for
the ICN and also outline rights of appeal. The relevant triggers for payment of the charge and the
‘negotiated’ charge procedure remain relatively unchanged.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
These amendments have resulted in Council’s charge notice increasing from 2 to 6 pages.
5. Permissible Changes and Extension Approvals
The amended legislation now extends infrastructure charges to applications to change an
existing approval and to an extension of relevant period. However, the amendments are limited in
that they only allow for an amendment to a charge notice where one was previously issued on
the original approval.
No consideration has been made regarding applications which relate to old approvals that only
contained infrastructure contributions for limited or no infrastructure networks, and therefore the
current process will need to continue. This means:
for applications to change an existing approval, continuation of those infrastructure
contribution conditions applied in the original permit and capture missing networks through
the building approval process if applicable; and
for applications to extend the relevant period, continue Infrastructure Agreements to be
entered for missing networks.
6. Trunk Infrastructure Definition
An amendment has been made to the definition of ‘trunk infrastructure’. Previously, trunk
infrastructure was development infrastructure identified under a PIP or adopted infrastructure
charges resolution. If development infrastructure is not trunk infrastructure then it is by default
‘non-trunk infrastructure’.
Under the amended Act, trunk infrastructure is infrastructure identified in an LGIP and also
development infrastructure that, because of a conversion application (a new item explained
below), becomes trunk infrastructure. In addition, development infrastructure that is required to
be provided under a condition relating to delivery of necessary trunk infrastructure becomes trunk
infrastructure by definition.
7. New Definition of Establishment Cost
The establishment cost for existing trunk infrastructure now means the current replacement cost
of the infrastructure as reflected in the relevant local government’s asset register, and the current
value of the land acquired for the infrastructure.
The establishment cost for future infrastructure includes all costs of land acquisition, financing,
and design and construction, for the infrastructure.
The methods for determining establishment costs must also comply with the Statutory guideline
03/14.
8. Offsets and Refunds
The amended Act requires Council to specify in its infrastructure charges resolution the method
for working out the costs of trunk infrastructure that is conditioned to be provided by
development. Also, any offset is now required to be against the total charge issued and not
limited to a specific trunk network.
The offset & refund must now also be stated in the infrastructure charge notice (ICN) when first
issued, so in order to meet the timeframes required by the Integrated Development Assessment
System (IDAS), the PIP planned estimate will need to be the default amount used to determine
the establishment cost of the infrastructure item for the offset amount.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
An applicant who does not agree with the value of the establishment cost may, by notice, require
Council to use the method under the relevant charges resolution to recalculate the establishment
cost. The applicant’s notice must be given before the ICN becomes payable and Council must
amend the existing ICN as applicable. Therefore application of this section of the Act could be
made some time after the approval and original charge notice were first issued (i.e. when the
development nears completion which could be up to 4 or even more years later).
Council’s current resolution already includes a method for calculating offsets and refunds, but it
will need to be reviewed for compliance with the amended Act and Statutory Guideline 03/14.
9. Conditions Relating to Infrastructure
Whilst most of the previous restrictions about imposing conditions continue, local governments
will no longer be able to impose a condition requiring an applicant to enter into an infrastructure
agreement. The conditioning power now also only relates to development applications and not
requests for compliance assessment.
For a condition about infrastructure, a decision notice for a development approval must now
include a reference to the provision of the Sustainable Planning Act 2009 (SPA) under which the
condition was imposed (i.e. to identify if the condition is about non-trunk or trunk infrastructure).
10. Conversion Applications
Previously, trunk infrastructure was limited to infrastructure specified in a local government’s PIP.
The amendments to the Act have introduced a new mechanism whereby applicants may seek to
have non-trunk infrastructure converted to trunk and thereby gaining an offset or refund against
the infrastructure charge.
The ability to make a conversion application only exists if:
a particular condition of a development approval requires non-trunk infrastructure to be
provided, and
the construction of the non-trunk infrastructure has not started.
Such an application must be in writing similarly as for offsets and could be made quite some time
after the approval and original charge notice were first issued.
Council’s criteria for deciding conversion applications must be included its charges resolution and
must be consistent with the criteria provided in the Statutory Guideline 03/14.
If the conversion application is approved then Council must amend the Decision Notice to identify
the works as trunk infrastructure and amend the Infrastructure Charge Notice to detail the offset
and refund applicable.
11. Appeals
Appeals are available to both the Planning and Environment Court and the Building and
Development Dispute Resolution Committee.
The appeal rights about an issued infrastructure charge were previously limited to:
the charge in the notice being so unreasonable that no reasonable relevant local government
could have imposed it; and
an error in the calculation of the charge.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
The amended Act provides that appeal rights exist for a decision which involve an error relating
to:
the application of the relevant adopted charge
the working out of the additional demand created by the proposed development, and
an offset or refund;
there is no decision made about an offset or refund;
if an ICN specifies that a refund will be given, the timing for the giving of the refund; and
in relation to the new conversion application process.
However, such appeals cannot be about:
the adopted charge itself, or
for a decision about an offset or refund:
o the establishment cost of infrastructure identified in an LGIP, or
o the cost of infrastructure decided using the method included in the Council’s charges
resolution (where the method complies with the Minister’s Statutory guideline 03/14).
Appeals to the court may also be lodged against a building and development committee’s
decision but only relating to an error or mistake in law on the part of the committee, or that the
committee had no or exceeded its jurisdiction in making the decision.
12. Infrastructure Agreements
The changes brought about by the amended Act for infrastructure agreements are largely
insignificant with the exception that a development approval condition can no longer require an
applicant to enter into an infrastructure agreement. The only other change is the requirement for
both Council and the relevant entity to negotiate the infrastructure agreement in good faith.
13. State Infrastructure Providers
Local Function Charges on State controlled roads have now been removed from the legislation,
with a new provision included for a local government to reimburse a State infrastructure provider
if infrastructure is provided under a State-related condition and has replaced, or is to replace,
infrastructure, for which there has been, or is to be a levied charge by a local government and
provides the same desired standard of service as the replaced infrastructure.
With the exception of the above, the provisions relating to State infrastructure providers remain
largely unchanged and will continue to have powers to impose conditions on a development
approval about infrastructure and works to protect or maintain infrastructure operation.
14. Distributor-Retailers
The amended Act also brings about a number of significant reforms to the South-East
Queensland Water (Distribution and Retail Restructuring) Act 2009 and Council has been briefed
in an earlier report by Planning & Environment, Manager in relation to the process changes
involved.
Previously, a charges apportionment agreement was required between Council and Unitywater
and this is maintained by the amended Act but translates to mean a breakup agreement for
adopted charges.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
The main change that commenced on 1 July 2014 is that Council no longer includes the Water
Supply and Sewerage components in its charge notice issued to the applicant. Instead, the
applicant will now be issued with 2 notices, one from Council and another from Unitywater in
relation the infrastructure network owned by the entity.
Although the current apportionment agreement continues as the breakup agreement, it was
originally anticipated that the adopted charges regime would only be short lived whereby charges
would eventually revert back to linking with the actual cost of providing trunk infrastructure for
each specific network.
The current charges apportionment (breakup) agreement is quite complicated having 12 different
apportionment percentages dependant on the development type and location together with 2
charge reductions (20% per network) should the development not be serviced with either Water
and/or Sewerage.
With the adopted charges system now continuing, and with separation of charge notices issued
by Council and Unitywater, a number of inconsistencies in charges pertaining to different areas
will become evident. For example, Council’s current charge pertaining to its networks for a 3
bedroom dwelling in different areas is shown in the following table:
Council Adopted Charge Component for a 3 bedroom dwelling
No Water or
Location All networks No Sewerage
Sewerage
Coastal Area (excluding Marcus
$17,920 $14,336
& Peregian Beaches)
Marcus & Peregian Beaches $14,280 $11,424
$16,800
Cooroy, Pomona $11,760 $9,408
Cooran $9,408
Boreen Point, Kin Kin
A suggestion is to simplify the apportionment to a whole of shire area basis using a PIP weighted
averaged demand approach to the 4 development categories according to development type only
and to do away with the reduction factor where Water and/or Sewerage is not supplied.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Initial calculations, would simplify the charges breakup as identified in the following table:
Table 10.2 (from Council’s current Adopted Infrastructure Charges Resolution)
Allocation of
Allocation of adopted infrastructure between the Council and adopted
ALLOCATION NUMBER
the distributor-retailer (DR) infrastructure
charge for
residential and
Commercial non-residential
Commercial
Planning areas (Office, Bulk Industry development not
(Retail)
Goods, Showroom) otherwise specified
in column 3
NSC Unitywater NSC Unitywater NSC Unitywater NSC Unitywater
(%) (%) (%) (%) (%) (%) (%) (%)
Cooroibah
Cooroy & Lake MacDonald
Mary River Catchment
1 68% 32% 61% 39% 39% 61% 42% 58%
Boreen Point, Kin Kin &
Cootharaba
Current
Noosa North Shore
Eastern Beaches
(Sunshine/Sunrise/Castaw
ays Beach)
2 90% 10% 87% 13% 69% 31% 64% 36%
Noosa Heads
Noosaville
Tewantin & Doonan
Eastern Beaches
3 85% 15% 80% 20% 60% 40% 51% 49%
(Marcus/Peregian Beach)
Proposed Amendment: 85% 15% 85% 15% 65% 35% 60% 40%
All Noosa Areas
Under the above proposal, the infrastructure charge for Council networks for a 3 bedroom
dwelling would then become $16,800 across all areas of Noosa Shire and if not supplied with
Water and/or Sewerage, the development would then not be charged by Unitywater accordingly.
The proposed amendment for a change to the breakup agreement may only be included in an
amendment to Council’s Adopted Infrastructure Charges Resolution on agreement being reached
with Unitywater.
15. Fair Value Charges and Co-Investment Program
The State Government has introduced a new “Priority Development Infrastructure Co-investment
Program” to encourage local governments to adopt alternative infrastructure charges on
development promoted as “fair value schedule of charges”. This scheme is not governed by the
amended legislation.
To be eligible for this co-investment program, local governments must adopt infrastructure
charges at or below the “fair value charges schedule” which is generally 10% lower for residential
developments and 15% lower for non-residential development than the current maximum
charges.
The scheme is to be managed by Economic Development Queensland who will work with local
governments, water distributor-retailers and developers to identify “Priority Development
Infrastructure” (PDI) projects that will generate or facilitate significant economic benefit through
growth in residential, retail, commercial and industrial developments. The key parameter for
assessing economic benefit is how much future investment does the delivery of the infrastructure
create and how quickly.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Assessment may also include:
the value of the development to be unlocked;
the number of lots or non-residential gross floor area;
does the PDI provide access to multiple land owners;
does the PDI provide better utilisation of existing infrastructure;
current market conditions and likelihood of investment occurring; and
other community benefits e.g. existing environmental problems or reduction in travel time.
This scheme is promoted as a “co-investment program” that requires generally 10% to 50% of
the value of the infrastructure to be co-invested by a partner (Council or Distributor-retailer or a
developer) with the balance amount co-funded by the State Government. It is basically an
interest free loan that must be paid back 100% to the State over a timeframe of up to 15 years.
Recent advice from the Department is that local governments will not need to adopt the “fair
value charges” until such time that a co-funding agreement for the specified infrastructure is
reached. The Department has also advised it is prepared to brief local government Councillors in
more detail upon individual request.
On reviewing the scheme as presented by the Department of State Development, Infrastructure
and Planning, it is considered unlikely that Noosa would meet the current selection criteria unless
there was a change to the planning scheme to allow a significant increase in new development.
Previous Council Consideration
Nil.
Finance & Risk
If amendments are not made to Council’s current Adopted Infrastructure Charges Resolution by 1
July 2015 and its Priority Infrastructure Plan by 1 July 2016, Council will no longer be able to
impose conditions about trunk infrastructure or give an infrastructure charges notice for
development approvals.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Preliminary consultation has been undertaken in relation to reviews proposed to the planning
scheme, future infrastructure planning documents and financial asset values with the following
sections:
Strategic Land Use Planning
Asset Design and Investigations
Asset Planning
Community Facilities
Finance
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Departments/Sections Consulted:
X Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office X Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 46 of 155
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
6 NATIONAL HERITAGE LISTING FOR THE COOLOOLA REGION
DOCUMENT IN FOR MATI ON
Author Environment Officer, Peter Milne
Planning & Infrastructure Department
Index ECM/ Subject/ Environmental Management/ Natural Heritage Trust
Attachments 1. Map of Proposed Cooloola National Heritage Place
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Environment Officer to the Planning and Organisation
Committee Meeting dated 19 August 2014 and resolve to authorise the Chief Executive Officer to
write to the Australian Heritage Council, advising of Noosa Council’s support for National
Heritage listing for the Cooloola Region, excluding the Noosa North Shore Beachfront Caravan
Park.
REPORT
In 2007, the Australian Heritage Council undertook an assessment of the Cooloola Region for
possible inclusion in the National Heritage List. At the same time owners and occupiers of the
place, including Noosa Council, and relevant Indigenous people, were invited to provide
comments on the proposal to the Heritage Council and the Minister for Environment. Because of
the time that has elapsed since seeking comments, the Minister for Environment is inviting
Council to provide any further comment on any issues that need to be considered with the
proposed National Heritage listing.
1. Background
The Australian Government Department of Environment is proposing that the Cooloola area, part
of Great Sandy Region, be listed as a National Heritage Place. The proposed Australian
Government listing acknowledges that the Cooloola area has natural and scenic values worthy of
national recognition.
The Australian Heritage Council advises that the Cooloola Region has been assessed as
meeting the following National Heritage criteria:
A. Events, processes, for its sand geomorphology, and its rivers, lakes and estuarine
waterways;
B. Rarity for Rainforests growing on sand;
C. Research into successional vegetation and the coastal dune chronosequence (i.e. a set of
vegetated sites that share similar attributes but are of different ages); and
D. Aesthetic characteristics.
In addition, the Heritage Council acknowledges that National Heritage listing would complement
the adjoining internationally recognised Fraser Island World Heritage Place.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
2. Scope of the proposed Cooloola National Heritage Place
The Cooloola National Heritage Place includes the following public lands (see Attachment 1:
Map):
Great Sandy Straits
Cooloola National Park
Noosa North Shore Council Reserves
Noosa North Shore Road Reserves
Noosa North Shore Caravan Park
Lake Cootharaba
Lake Cooroibah
The stretch of Noosa River in-between Lake Cootharaba and Lake Cooroibah
A stretch of Noosa River below Lake Cooroibah to Tewantin
Teewah Beach to low tide only.
Private land is excluded from the proposed Cooloola National Heritage area.
3. Implications for Council
Under the Environment Protection & Biodiversity Conservation Act (Cth) (EPBC Act), approval
must be obtained from the Commonwealth Minister for the Environment before any action takes
place that could have a significant impact on the National Heritage values of a listed place. Under
the EPBC a significant action is where a National Heritage value could be lost, diminished or
destroyed. Council, or developers, need to refer any actions that are likely to have a significant
impact on the proposed Cooloola National Heritage Place to the Commonwealth. Examples of
significant actions include:
Modification to a dune system for vehicle access
Dredging of rivers and lakes
Coastal engineering works and structures
Roads or drainage construction through a rainforest
Clearing of coastal dune vegetation
A new campground or eco-tourism development
A proposed phone tower
A new commercial tourism venture
A major upgrade of the Noosa North Shore Beachfront Campground
A floating restaurant on a lake
Water extraction
Sand mining
A new utility such as a power line or water infrastructure
Developments that impact on the scenic landscape qualities of the Noosa River, sand dunes,
forests and wetlands
Widening of a road that impacts on endangered plant species or ecological communities
Under the EPBC Act, National Heritage Places are a Matter of National Environment Significance
(MNES). The Australian Government provides guidelines and information on the referral,
assessment and approval process for actions that may impact on a MNES.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
4. Noosa North Shore Beachfront Campground
Internal consultation has highlighted that because the Noosa North Shore Beachfront
Campground, although retaining some natural and scenic values, is being used for recreational
purposes, some redevelopment or expansion may be appropriate in the future. Any proposed
development would require State assessment and approval. National Heritage listing would
require an additional level of assessment, and therefore it is proposed to exclude the Noosa
North Shore Caravan Park from within the boundaries of the National Heritage Place.
Previous Council Consideration
Nil.
Finance & Risk
Nil.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Strategic Land Use Planning
Asset Planning
Property & Facilities
Departments/Sections Consulted:
Community Services x Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office x Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 49 of 155
Section 50
ATTACHMENT 1
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Page 50 of 155
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Page 50 of 155Section 51
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Strategic Land Use Planning
7 PROPOSED AMENDMENTS TO THE NOOSA PLAN
OCUMENT IN FOR MATI ON
Author Senior Strategic Planner, Rowena Skinner
Planning & Infrastructure Department
Index ECM/ Subject/ Noosa Plan Amendments;
Project/ Noosa Plan 2014 Scheme Amendments
Attachments 1. Amendments to the Biodiversity Overlay
2. Proposed Zone Changes
Hard copies of the proposed amendments have been provided in revision
format in the Councillors’ room.
EXECUTIVE SUMMARY
This report brings forward various proposed amendments to the Noosa Plan - planning scheme
for the Shire of Noosa.
Proposed amendments have been drafted having consideration to submissions received during
preliminary consultation and advice from State Government agencies as well as internal review
of the plan and prior workshops with Councillors.
Changes that materially affect the rights of land owners such as the rezoning of private land,
extension of urban boundaries or amendments to density or subdivision potential have been
avoided in these amendments and are matters more appropriately left to the preparation of the
next planning scheme.
Proposed amendments affect all parts of the planning scheme and this report outlines
amendments on an issue basis rather than in order of appearance through the document. Minor
amendments of an editorial nature are not necessarily detailed in this report. Complete track-
change versions of the proposed amendments have been provided in the Councillors’ room.
RECOMMENDATION
That Council note the report by the Senior Strategic Planner to the Planning & Organisation
Committee Meeting dated 19 August 2014 and:
A. Resolve to amend the planning scheme for the Shire of Noosa in accordance with the
proposed amendments as outlined in that report; and
B. Request the Chief Executive Officer to write to the Minister for State Development,
Infrastructure and Planning requesting a State Interest Review of the proposed
amendments and the Minister’s approval for Council to commence public consultation on
the proposed amendments.
Page 51 of 155
Section 52
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
REPORT
Proposed amendments to the planning scheme are designed to correct a number of anomalies,
reduce unnecessary regulation and reinforce the desired outcomes for Noosa Shire.
The proposed amendments have been drafted having regard to a number of references
including:
The observations of Councillors and officers about current anomalies, shortfalls and over
regulation with the current planning scheme;
Submissions made to the draft Sunshine Coast planning scheme by residents of Noosa Shire
in 2012;
Submissions made during the preliminary consultation period in April/May 2014;
State policy directions in the 2013 State Planning Policy and supporting guidelines;
The Queensland Planning Provisions (QPP) being the State’s standard planning scheme
provisions
Importantly, this process is not a comprehensive planning scheme review and matters relating to
the land use zoning of private property or the extent and density of urban development have
largely been deferred until work commences on a new planning scheme.
1. Relationship between the Planning Scheme and State Legislation/Regulation
It is proposed to include statements that explain the relationship between the planning scheme
and the State planning legislation. The planning scheme was written under, and complies with,
the repealed Integrated Planning Act (IPA). Currently the relevant planning legislation for
Queensland is the Sustainable Planning Act (SPA) however by the time these amendments
would be in force the SPA is likely to have been replaced by the Planning and Development Act
which is currently in a consultation period as a draft bill.
Provisions addressing building work regulated under the planning scheme need replacement as
they do not correctly address the relationship between the planning scheme, the Building Act and
the Queensland Development Code. A new section 2.9 is proposed to be included in Part 2 –
Interpretation (taken directly from the QPP) and the section in each locality plan addressing
Alternative Provisions to the QDC is proposed to be deleted. Minor amendments to the
Detached House Code and the Building Works Code are proposed to explain which provisions
are alternative provisions to the QDC.
2. Desired higher level outcomes for Noosa Shire and the places within Noosa Shire
To clearly define the extent of developable urban areas across the shire, it is proposed an Urban
Growth Boundary be included on the zoning maps and referred to within the Strategic Framework
in Part 1, in the Desired Environmental Outcomes (DEOs) in Part 3 and in each of the locality
codes. This will reinforce Council’s position regarding areas for further growth in anticipation of
changes of the State Government South East Queensland Regional Plan.
Various minor amendments are proposed to the Strategic Framework and Desired Environmental
Outcomes in an effort to strengthen the statements and clarify preferred outcomes, including that
urban uses not be located outside the Urban Growth Boundary.
Likewise additional statements have been added to the overall outcomes within the locality
codes, particularly in relation to the character and extent of towns and villages and to the role of
rural lands in supporting agriculture and rural industries.
Page 52 of 155
Section 53
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
3. Agricultural Uses
It is proposed the Agricultural land use definitions be amended as follows:
The definition of Cultivation be amended to qualify that it includes harvesting and the storage
and packing of produce and plants grown on the site and the ancillary repair and servicing of
machinery used on the site.
The definition of Cultivation Type 1 Traditional be amended to clarify that it involves the
growing of plants or plant material where dependent on the cultivation of soil and at a scale
exceeding 20 fruit or nut trees or more than 100m 2 of any other crop. Cultivation of a lesser
scale is exempt from the planning scheme.
The definition of Cultivation Type 2 Intensive be edited to qualify that it involves growing
plants on an imported media or requiring multiple applications of fertilisers, pesticides,
fungicides or herbicides each season or where artificial lights or containers are used. Further
examples of the use are greenhouse and shade-house plant production, hydroponic farms,
wholesale plant supply, sugar cane farming, turf farming and mushroom farming.
The definition of Animal Husbandry Type 1 Traditional be amended to include free-range
poultry (including chickens, ducks, geese, guineafowl and turkeys) and that poultry and egg
production not be classified as Type 2 Intensive until the scale exceeds 1,000 birds or a
density of 250 birds per hectare. This is in keeping with the recent State Interest Guideline
for Agriculture.
Also under the definition of Animal Husbandry, the keeping of one pet pig or one rooster be
exempt and therefore not subject to the planning scheme, however local laws will still prevent
these in urban areas. Two or more pigs or roosters would still be considered a land use
subject to the planning scheme.
Both Cultivation Type 1 and Animal Husbandry Type 1 are proposed to be consistent and self -
assessable in the Rural Settlement Zone and the self-assessment criteria will determine if the lot
is large enough for the use (they are already self-assessable in the Rural Zone). For traditional
cultivation if the acceptable solutions cannot be met, code assessment would be required. For
traditional animal husbandry if the solution cannot be met, impact assessment would be required.
New code provisions are proposed as follows:
Cultivation:
Lot Size for Cultivation Type 1
Outcome: Cultivation occurs on a lot that is of a Solution: The cultivation use is conducted
sufficient size to reasonably accommodate the use and on a site at least 1 hectare in area.
mitigate potential nuisance arising from noise, dust,
odour and other emissions or contaminants generated
by the use.
Page 53 of 155
Section 54
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Animal Husbandry:
Lot Size for Animal Husbandry
Outcome 1: The lot is of sufficient area to enable Solution 1 The minimum area of the lot is—
establishment of the use and associated uses. a) for grazing of poultry—4ha
b) for breeding or boarding kennels or
pounds—4ha;
c) for intensive poultry farms, piggeries or
stockyards—20ha;
d) for cattle feedlots—40ha
e) for aquaculture with a combined surface
area of all ponds or tanks of less than
200m2—1ha;
f) for other aquaculture—5 ha.
g) for all other animal husbandry—2ha
Noise & Nuisance
Outcome 2: Noise from the operation of the animal Solution 2.1 Access points and roads are
husbandry use does not cause unlawful environmental located to minimise noise and dust impacts on
nuisance. neighbouring sensitive land uses; and
Solution 2.2 The design and siting of all
mechanical equipment, including fans,
pneumatic feed systems and other equipment,
minimises the generation of mechanical noise,
odour and the likelihood of off-site vibration.
Solution 2.3 For breeding or boarding
kennels—the kennels are constructed of brick,
concrete or masonry.
Runoff
Outcome 3: The design and operation of the animal Solution 3.1 Buildings used to house animals,
use incorporates integrated water management as well as waste storage areas, are located on
elements such that land that is not subject to flooding by the 100
a) stormwater is prevented from entering sheds and year ARI event;
waste storage areas; AND
b) stormwater peak discharges and run-off volumes Solution 3.2 The base of all sheds is elevated
are not increased; and above natural ground level to ensure that
c) natural drainage lines and hydrological regimes stormwater run-off does not enter the sheds;
are maintained as far as practicable. AND
Solution 3.3 All waste water, including water
used to clean animal sheds, is managed so that
contaminants will not reach nearby waterways.
Aquaculture
Outcome 4: Water is managed on site such that it will Solution 4.1 & S5.1: Aquaculture occurs in
not reach Queensland waters via overland or tanks or ponds where water is fully reticulated
stormwater flows. within the facility with no discharge property or
waterways.
AND
Solution 5.2 & S5.2: Tanks or ponds used to
Outcome 5: Development is located and designed to cultivate aquaculture fisheries resources or for
avoid, or otherwise minimise, impacts to areas host to treatment or settlement of water are constructed
fisheries resources. with the lowest point of the top of wall at least
the height of the Q50 flood level.
AND
Solution 6.1: Ponds are designed and
Outcome 6: Tanks or ponds are designed to avoid constructed in accordance with Department of
leakage. Agriculture, Fisheries and Forestry's policy
Guidelines for Constructing and Maintaining
Aquaculture Containment Structures.
Page 54 of 155
Section 55
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
New separation distances are proposed for poultry farms as follows:
From frontage:─ 100m
From side and rear boundary: ─ 100m if Animal Husbandry Type 1 Traditional
From land included in a residential zone other than the Rural Settlement Zone, commercial
zones or Open Space Recreation zone: ─ 1,000m
From land included in the Rural Settlement Zone: ─ 200m if Animal Husbandry Type 1
Traditional
From any dwelling unit on other premises: ─ 150m if Animal Husbandry Type 1 Traditional
From watercourses: ─ 60m
4. Home-based businesses
It is proposed to reduce the level of assessment for Home-Based Business Type 2 Evident from
code assessment to self-assessment in the Rural Settlement Zone and the Rural Zone. In the
urban residential zone it will remain code assessable but with clarification added that it is only
consistent when operated from a detached house (not from multiple housing).
The self-assessable solutions are proposed to be changed for Home-Based Business Type 2 so
that whether in town or in the hinterland there could be a maximum of two employees (other than
the resident business operator) and that if the business involves classes, up to four classes can
be held per week with no more than 10 people in a class.
5. Roadside stall
It is proposed that the use definition of roadside stall (which is a sub-use within Retail Business
Type 1 Local) be amended to “the use of premises exceeding 5m2 but no more than 25m2 for the
display and sale of goods in rural areas”. In this regard it would no longer be limited to
agricultural produce.
The use would be made self-assessable in the Rural Zone. Specific Outcomes and Solutions for
the use would be amended substantially to read as follows:
Outcome 1 The stall is limited in scale appropriate to a Solution 1.1 Produce for sale at the roadside
rural setting and provides only for the sale of locally stall is limited to that which is grown or
grown and manufactured goods; produced on the site or in the surrounding area.
AND
AND Solution 1.2 The roadside stall does not
involve the sale of manufactured goods other
than where manufactured on the site.
Solution 2.1 The stall is not located on a
Outcome 2 The stall does not have an adverse effect property adjoining the Bruce Highway.
on the safety and functioning of the major road network. AND
Solution 2.2 The roadside stall is located on a
site with sufficient area to park 3 cars clear of
AND the road reserve and within 20 metres of the
roadside stall.
AND
Solution 2.3 Safe sight distances are provided
for vehicular crossovers in accordance with
Council’s Standard Drawing for rural driveways.
Solution 3.1 Not more than 1 sign is erected
Outcome 3 Signage associated with the roadside stall on the premises and the sign:-
2
is small, unobtrusive and appropriate to a rural location. (a) has a maximum signface area of 0.5m per
side; and
(b) is not illuminated or in motion.
Page 55 of 155
Section 56
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
6. Granny Flats
It is proposed the Residential land use definition of Multiple Housing Type 1 Relative or
Employee be deleted from the scheme. Instead, the definition of Detached House is proposed
to be amended to specify it “may include a secondary dwelling not exceeding 65m2 in area.” An
administrative definition would be added as follows: “secondary dwelling means a dwelling used
in conjunction with, and subordinate to, a detached house on the same lot. A secondary dwelling
may be constructed under a detached house, be attached to a detached house or be free
standing. For clarity a detached house could not include more than one secondary dwelling.”
These changes are generally in line with the QPP standards. As the use is already self-
assessable in the Detached Housing Zone and the Rural Settlement Zone, the most significant
change would be in the Rural Zone or the Semi-Attached and Attached housing Zones where it is
currently subject to code assessment.
Only minor changes are proposed to the code solutions so the secondary dwelling will still be
small and attached to, or close to, the house.
7. Community Residence
When amendments were made some years ago to accommodate the hospice use of community
residence there were some flaws created in the assessment tables that should be corrected.
The use code should also be corrected to reflect the expected maximum height limit of 8m and
acknowledge that reticulated water & sewerage is not expected outside the urban settlements.
8. Detached House setbacks
Following community concern regarding the negative impact on neighbouring amenity caused by
a large highset home close to the common boundary, Councillors and staff have reviewed in
detail the allowable building setbacks for houses.
The Detached House Code calls up building setbacks in Schedule 1. It is proposed to amend
Schedule 1 for the Detached Housing Zone to require the following minimum setbacks:
Frontage—6m
One other boundary with a length of at least 11.0m (either sides or rear)─
a) where the lot has an area of at least 600m 2─
i) 3.0m setback up to 4.5m height; and
ii) 6.0m setback between 4.5m - 8.5m height
b) Where the lot area is less than 600m 2─ no part of the building protrudes beyond a projection line that
rises from 1.8m above the ground at the property boundary to a point 8m in height 6m in from the
property boundary as shown in Figure 1 below
Page 56 of 155
Section 57
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Figure 1
Other boundaries—
a) 1.5m setback up to 4.5m height;
b) 2m setback between 4.5m - 7.5m height; and
c) 2m plus 0.5m for every 3m or part thereof above 7.5m height.
9. Camp Grounds
It is proposed to amend the Community land use definition of Open Space Type 2 Camp Ground
to “the use of premises for pitching a tent for the purpose of providing overnight accommodation
to the travelling public”. It may include toilet and shower facilities for the convenience of visitors.
It may include the ancillary use of parking an RV overnight. It does not include cabins or similar
structures. The use includes a Self-contained RV Overnight Area. It does not include Visitor
Accommodation or Multiple Housing Type 5 Relocatable as separately defined.
The administrative definition of caravan is proposed to be deleted and replaced with an
administrative definition of RV (Recreational Vehicle) being “a motorized or towable vehicle that
combines transportation and temporary living quarters for travel, recreation and accommodation.
The term includes caravans, campervans, motorhomes, camper trailers, truck mounted camper.
The term does not include a cabin or transportable building as separately defined”.
An administrative definition is proposed for a self-contained RV overnight area being “premises
used for the parking of self-contained RVs, for a maximum of 4 consecutive nights, where no
water is provided and no liquid or solid waste is left or disposed of on site”. Self-contained RVs
are those that can hold fresh water, greywater and/or blackwater and have on board cooking and
sleeping facilities.
Page 57 of 155
Section 58
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
It is proposed that the use of Open Space Type 2 Camp Ground be made consistent in both the
Rural Settlement Zone and the Rural Zone, the applicable level of assessment being self-
assessment where it is a self-contained RV overnight area and impact assessment otherwise. It
would remain consistent in the Open Space Recreation Zone and the Open Space Conservation
Zone, subject to impact assessment. It is proposed that any requirement for the use to be near
the Noosa Trail Network be removed.
The relevant code provisions for camp grounds would be as follows:
Site suitability
Outcome 1 Camp grounds are located on premises Solution 1.1 The minimum site area for a
that are large enough to accommodate the use without Camp ground is 1ha;
causing impact on other uses of the subject site or AND
adjacent sites and provide for adequate separation from Solution 1.2 Camp sites and associated
neighbouring Residential Uses. amenities are located at least 50m from any
dwelling unit on the subject or adjacent
properties.
AND
Solution 1.3 Parked recreational vehicles are
visually screened from any dwelling unit on
adjoining properties.
Vehicular access and circulation
Outcome 2 Vehicular access and parking does not Solution 2.1 All camping or overnight parking of
adversely impact on the safety, capacity and operation recreation vehicles occurs on site and not within
of the road network or pedestrian environment. the road reserve.
AND
Solution 2.2 Adequate parking and vehicular
manoeuvring area is provided on site so all
vehicles enter and leave the site in a forward
gear.
Density
Outcome 3 Outside of urban settlements the scale and Solution 3.1 Outside of the urban settlements:-
density of the camp ground is appropriate to its setting a) For camp grounds, other than a self-
and does not detract from the rural or environmental contained RV overnight area−
character of the local area. i) the site density does not exceed 20
camp sites per hectare
ii) the maximum number of camp sites
on any site does not exceed 100; and
b) For self-contained RV overnight areas−a
maximum of 5 caravans or recreational
vehicles are parked on site at any one
time.
Length of stay
Outcome 4 On-site accommodation is not used as Solutions 4.1 Resident guests of the
permanent residential accommodation. campground stay no longer than 30 nights in a
year
Page 58 of 155
Section 59
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Amenities
Outcome 5 Camp grounds other than a self-contained Solution 5.1 For camp grounds other than a
RV overnight area are provided with a potable water self-contained RV overnight area, a potable
supply and toilet facilities for guests. water supply of 10,000 litres per Camp ground
or 1,000 litres per camp site (whichever is the
OR greater) is provided with a bib cock tap fitting;
AND
Outcome 6 Where no power, potable water or effluent Solution 5.2 For camp grounds other than a
disposal is provided on site only self-contained self-contained RV overnight area, a minimum of
caravans or RVs with their own fresh water, grey water one unisex toilet is provided on-site for every 10
and black water storage are accommodated on site. camp sites.
AND
Solution 5.3 The total gross floor area of all
buildings associated with the operation of the
2
camp ground does not exceed 350m
10. Caravan Parks
The Residential land use definition of Visitor Accommodation Type 2 Caravan Park is proposed
to be amended to be “Premises used to provide for accommodation in RVs, self-contained
cabins, tents and similar structures for the public for short-term holiday purposes. The use may
include, where ancillary, a manager’s residence and office, a kiosk, amenity buildings or the
provision of recreation facilities for the use of occupants of the caravan park and accommodation
for staff.” The definition of Multiple Housing Type 5 Relocatable is also proposed to be amended
to reflect the QPP and better distinguish it from a caravan park.
It is proposed caravan parks be consistent uses in the Rural Settlement Zone, the Rural Zone
and the Open Space Recreation Zone, subject to impact assessment in each case. The
following have been added to the use code provisions to address rural circumstances:
Siting
Outcome 1 Caravan parks are located on Solution.1 The minimum site area for a caravan
premises that are large enough to accommodate park is 2ha.
the anticipated number of occupants,
administrative functions, amenities, recreational
facilities carparking and landscaped area.
Outcome 2 Caravan Parks are appropriately sited Solution 2 Where located outside of the urban
so as not to generate land use conflicts with settlements the caravan park buildings, recreational
neighbouring residents and Agricultural Uses; facilities and sites are situated not less than
a) 50m from Agricultural Uses on adjoining
premises; and
b) 40m from the property boundary of any
property over 4ha in area located in the Rural
Zone
Outcome 3 Caravan parks are located so as to Solution 3 The caravan park is not located on land
conserve the productive characteristics of within the Agricultural Land Conservation Area as
agricultural land shown on the Natural Resources Overlay Maps.
Page 59 of 155
Section 60
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
11. Home Hosted Visitor Accommodation (B&B’s)
It is proposed that the level of assessment for Visitor Accommodation Type 1 Home Hosted,
which is limited to accommodating up to 6 guests within up to 3 bedrooms within an owners
home, be reduced from code assessable to self-assessable in the Rural Zone. It would remain
code assessable in the Rural Settlement Zone and Impact assessable in the Detached Housing
Zone. The code provisions are proposed to be modified as follows to accommodate self -
assessment:
Site Suitability
Outcome 1 The site has adequate area for the Solution 1 The site has an area of at least
proposed use, including necessary visitor parking, a) 4,000m2 in the Rural Settlement or Rural Zone
without adverse impact on neighbouring properties. or
b) 800m2;in any other zone
Outcome 2 Home-hosted accommodation is
sited to avoid land use conflicts with residents and Solution 2.1 The detached house used for the
Agricultural Uses on adjacent or surrounding purpose of Home hosted accommodation is
premises. situated not less than 50m from Agricultural Uses
on adjoining premises;
AND
Solution 2.2 The detached house used for the
purpose of home hosted accommodation is
situated at least 40m from the property boundary of
any property over 4ha in area located in the Rural
Zone.
AND
Solution 2.3 The home hosted accommodation is
directly accessible from a sealed road or a good
standard gravelled road.
Visual amenity and character
Outcome 3 Building works to the dwelling unit— Solution 3.1 The use is carried out within a
a) are of a scale and character consistent with detached house or where it is in a separate wing or
surrounding residential buildings; and pavilion it is no more than 25m from and connected
b) visually integrate and are compatible with any to the living and dining areas of the detached house
existing building, the topography and by a covered walkway.
vegetation on-site.
Solution 3.2 No more than 3 guest bedrooms are
provided for a total of no more than 6 guests.
Guest facilities
Outcome 4 An acceptable standard of privacy and Solution 4.1 Guests are provided with a bedroom
facilities is provided for guests capable of being enclosed to prevent visual or other
intrusion by members of the host family or other
guests.
AND
Solution 4.2 A separate bathroom and toilet facility
is provided within the detached house for the
exclusive use of guests.
Outcome 5 Guest accommodation is not self- Solution 5 Guests do not have their own laundry or
contained food preparation facilities
Outcome 6 Sufficient parking spaces are provided Solution 6 One on-site car parking space per guest
on the site to cater for guests bedroom is provided in addition to the car parking
space required for the detached house.
Page 60 of 155
Section 61
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
12. Rural Visitor Accommodation
Visitor Accommodation Type 3 Rural is proposed to remain consistent, subject to impact
assessment in the Rural Settlement and Rural Zones. While applications will be assessed on
their merit rather than compliance with solutions, it is proposed to amend the code provisions to
read as follows:
Rural amenity
Outcome 1: Rural accommodation is established Solution 1: Rural accommodation is located on
in the rural areas of the Shire in a manner that sites—
protects the amenity of the rural areas while a) located in the Rural Zone or Rural Settlement
offering moderate to high levels of access to urban Zone; and
facilities. b) which have an area of at least 4 ha
Solution 2: Rural accommodation does not exceed
Outcome 2: Rural accommodation is associated a site density of —
with rural production, agricultural pursuits and a) 2 cabins per hectare; or
promoting the natural environment and takes the b) 2 guest bedrooms per hectare, providing the
form of farmstays, bed and breakfasts, cabins, overall number of cabins and guest bedrooms
cottages or a small guest lodge. does not exceed 6.
Outcome 3: Rural accommodation is Solution 3.1 Rural accommodation buildings are—
appropriately sited so as not to generate land use a) situated no less than 50m from Agricultural
conflicts with neighbouring residents and Uses on an adjoining property; and
Agricultural Uses; b) situated no less than 40m from the property
boundary of any property over 4ha in area
located in the Rural Zone; and
c) situated no less than 6m from the property
AND boundary of land in the Rural Settlement Zone.
AND
Solution 3.2 Rural accommodation is located so as
not to overlook the living areas of neighbouring
properties.
Solution 4 Buildings and other structures—
a) take the form of small separate buildings
which are visually separated;
Outcome 4: The scale, design and external finish b) comprise a mix of lightweight (low mass) and
of buildings:- textured external materials, such as timber
a) Complements the rural character and/or natural cladding and corrugated iron roofs;
character of the area and integrates with the c) reflect the line, form, colour and texture found
surrounding landscape; and in the existing landscape and do not replicate
b) Incorporates colours and finishes that allow the artificial or imported themes;
buildings to blend in with the natural and/or d) use muted earth/environmental tones that
rural landscape. blend with the rural and/or natural
environment; and
e) incorporate low reflective roofing.
13. Entertainment & Dining Uses
Given there is currently some inconsistency in the scheme, it is proposed that Entertainment and
Dining Type 1 Food and Beverage be consistent in the Community Services Zone, where it is in
conjunction with a Community Use. In such circumstances it would be subject to code
assessment.
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Likewise, Entertainment and Dining Business Type 2 Recreation, Amusement & Fitness would
be added as a consistent use in the Community Services Zone, where it is in conjunction with a
Community Use. This use would require impact assessment in this zone.
Entertainment & Dining Type 2 would also be added as a consistent use in the Open Space
Recreation Zone subject to code assessment.
For clarity the definition of Entertainment & Dining Type 3 Bar is proposed to be amended to
“premises primarily for the serving of liquor for consumption on the premises. The use may
include ancillary sale of food for consumption on the premises and may include amplified music,
live entertainment and a dance floor. The use includes a hotel, tavern, bar or nightclub but does
not include a restaurant.”
14. Residential units in Business Centres
It is proposed that the Assessment Table for the Business Centre Zone and the list of consistent
uses in that zone, in Cooroy, Noosa Heads, Noosaville and Tewantin be amended to clarify that
Multiple Housing is only consistent where it is part of a mixed use development. It has never
been intended to allow stand-alone residential units in the business centres.
Within the Residential Uses code a new outcome and associated solutions are proposed
specifically for mixed use development, as follows:
Mixed Use Developments
Outcome: Where the multiple dwelling units form part Solution 1 Entry areas for the residents of, and
of a mixed use development, the development provides visitors to, dwellings units are provided
residents with reasonable privacy and security. separately from entrances for other building
users and provide for safe entry from streets,
car parking areas and servicing areas.
Solution 2 Clearly marked, safe and secure
parking areas are provided for residents and
visitors which are separate from parking areas
provided for other building users.
Solution 3 Security measures are installed
such that building users do not have access to
areas that are intended for the exclusive use of
residents of, and visitors to, residential
accommodation.
15. Shire Business Centre
In 2008/09 a review of the Shire Business Centre was carried out that revealed a number of
shortfalls with how development over the site is regulated through the planning scheme. While
the Sunshine Coast Council did resolve to amend planning scheme provisions, priority was given
to preparing what was to be the new Sunshine Coast Council planning scheme and the
amendments did not occur.
It is recommended that a number of amendments be made to the planning scheme provisions for
the Shire Business Centre to fix current anomalies within the scheme and to better reflect current
approvals. The assessment table for MCUs in the Shire Business Centre Zone would read as
follows:
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Column 1 Column 2 Column 3
Defined use or use class Assessment category Relevant assessment criteria -
applicable code if development
is self-assessable or requires
code assessment
AGRICULTURAL USES—
Consistent use Impact assessable
No Agricultural uses All Agricultural Uses
Inconsistent use
All Agricultural Uses
BUSINESS USES—
Consistent use Self-assessable if in Precinct B1 If code assessable—
Commercial business Type 1 and one of the following and not a) Noosaville Locality Code;
Office if located in Precinct E1- involving any new buildings or the and
E7 or B1-B3; or Types 2 Medical expansion of buildings or outdoor b) Business Uses Code; and
or 3 Veterinary if located in use area providing the building c) Landscaping Code; and
Precinct B1-B3, E1, E2, E6 or E7; has already been approved for d) Engineering Works Codes.
or one of these uses and no
Entertainment and dining additional tenancies are being
business if located in Precinct created —
B1 or B2 a) Commercial business
or Types 1 or 2; or
Industrial business Type 1 b) Entertainment and dining
Warehouse or Type 2 business Type 1; or
Production, alteration, c) Retail business Types 1 or 2
repackaging & repairing, if if not exceeding 2,000m 2 GFA
located in Precinct E3, E4 or E5; Code assessable if—
or a) Located in Precinct B1 and
Retail business Type 1 Local, one of the following and not
or Type 2 Shop & salon if involving any new buildings
located in Precinct B1 or B2; or or the expansion of buildings
Type 4 Showroom if located in or outdoor use area but not
Precinct B3; or Type 5 Vehicle complying with Column 2 of
uses if located in Precinct B3 or Table 14.5, Acceptable
E6; or Type 6 Hardware if Solutions S1.1 to S9.2 of the
located in Precincts B3 , E4 or Business Uses Code—
E5; or Type 7 Garden and i) Commercial business
Lifestyle Centre if located in Types 1 or 2; or
Precinct B3, E4 or E5 ii) Entertainment and dining
business Type 1; or
Inconsistent use
iii) Retail business Types 1
Those Business Uses listed in
or 2 if not exceeding
Section 11.37
2,000m2 GFA; or
b) Commercial business Type
1, if not in Precinct RES or
REC/MU; or
c) Commercial business Type
2 or 3, if in Precinct B1-B3,
E1, E2, E6 or E7; or
d) Entertainment and dining
business Type 1 or 3 in
Precinct B1; or
e) Entertainment and dining
business Type 2 in Precinct
B1 or B2; or
f) Industrial business Types 1
or 2 in Precinct E3, E4 or E5;
or
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Column 1 Column 2 Column 3
Defined use or use class Assessment category Relevant assessment criteria -
applicable code if development
is self-assessable or requires
code assessment
g) Retail business Type 1 in
Precinct B1 and B2; or
h) Retail business Type 2 if not
exceeding 2,0002 GFA in
Precinct B1; or
i) Retail business Type 4 in
Precinct B3; or
j) Retail business Type 5 in
Precinct B3 or E6; or
k) Retail business Type 6 in
Precinct B3, E4 or E5; or
l) Retail business Type 7 in
B3, E4 or E5
Impact assessable—if not
otherwise self-assessable or
code assessable
COMMUNITY USES—
Consistent use Education Type Impact assessable
1 Childcare if located in Precinct All Community Uses
E1, E2, E7 or REC/MU, Type 3
Adult if located in Precinct E1-E7
or Type 4 Information if located
in Precinct E1, E2, E6 or E7;
or
Emergency Services Type 1
Station if located in Precinct
REC/MU;
or
Open Space Type 1 Sport &
Recreation if located in REC/MU;
or
Wellbeing Type 2 Social if
located in Precinct E1, E2, E6 or
E7; Type 3 Worship if located in
Precinct E1, E6 or REC/MU
Inconsistent use
Those Community Uses listed in
Section 11.37
INFRASTRUCTURE USES—
Consistent use Impact assessable
Transport Type 1 Passenger All Infrastructure Uses
terminal if located in Precinct E6
or E7; or Type 2 Carpark if
located in Precinct E6
Inconsistent use
Those Infrastructure Uses listed
in Section 11.37
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Column 1 Column 2 Column 3
Defined use or use class Assessment category Relevant assessment criteria -
applicable code if development
is self-assessable or requires
code assessment
RESIDENTIAL USES—
Consistent use Code assessable if If code assessable—
Ancillary dwelling unit if located
ancillary dwelling unit located in a) Noosaville Locality Code;
in E1-E7, RES or REC/MU; or
Precincts E1-E7, RES or and
Multiple housing Type 4
REC/MU
Conventional where small b) Residential Uses Code; and
dwelling units located in Precinct Multiple housing Type 4 where
RES or c) Landscaping Code; and
small dwelling units
Multiple housing Type 4 located in Precinct RES d) Engineering Works Codes
Conventional where small
dwelling units located in Precinct Impact assessable ─ if not
E1 or E7 where subordinate or otherwise code assessable
ancillary to a Business or
Community Use
Visitor accommodation Type 4
Conventional if located in
Precinct RES
Inconsistent use
Those Residential Uses listed in
Section 11.37
OTHER USES—
Uses not otherwise defined Exempt if a road
Impact assessable—otherwise
Slight amendments are proposed to the Noosaville locality code in respect to development within
the Shire Business Centre Zone to reflect the consistent / inconsistent uses. Additionally, the
allowable height for precincts E3, E4 and E5 would be raised from 8m to 10m in keeping with the
adjoining industrial estate and to better accommodate the industrial and trade related uses
planned for these precincts.
16. Advertising Devices
While the intent of the Advertising Devises Code remains the same it is proposed to make
amendments to clarify definitions and update policy around changing technologies and
commercial circumstances. It is proposed to change the way allowable signage is calculated for
multiple tenancy premises on both the primary and secondary frontages.
A clearer definition of the sign face area and types of signs is also proposed
The assessment table for development other than a material change of use within each locality
plan is also proposed to be amended so advertising devices are called up whether associated
with an MCU or not.
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17. Building Works
It is proposed a new section be added in Part 2, in line with the QPP, to explain how building
work is regulated under the planning scheme and the relationship between the planning scheme,
the Building Act and the Queensland Development Code (QDC). Additionally amendments are
proposed to the Building Works Code and the Detached House Code to explain which solutions
are alternative provisions to the QDC. Accordingly the outdated section on alternative provisions
to the QDC which currently appears in each locality plan should be deleted.
18. Driveways for Detached Houses
Minor amendments are proposed to the Detached House Driveways Code to call up appropriate
standards for driveway designs including for driveway gradients and specifically references
council’s standard drawings and Austroads guidelines.
19. Erosion and Sediment Control
Changes are proposed to the Erosion and Sediment Control Code to clarify the need for suitable
erosion and drainage control and sediment capture and treatment for new developments.
New overall outcomes would state—
a) construction activities are managed to prevent erosion and sedimentation to offsite waters
including stormwater, creeks and rivers;
b) development facilitates erosion control, drainage control and sediment capture and
treatment ; and
c) construction activities within watercourses are planned to prevent erosion, construction
failure and associated sedimentation.
New specific outcomes and probable solutions would state—
Erosion and drainage control, sediment capture and
stormwater runoff S1.1 Construction works are designed,
O1 Development design, density, layout, and staging planned and executed with respect to the
provide for erosion control, drainage control and principles of erosion reduction, drainage
sediment capture and treatment during the construction management and sediment capture in
phase. accordance with Appendix 2, Table A of the
Queensland State Planning Policy and
International Erosion Control Association Best
Practice Erosion and Sediment Control
(BPESC) 2008;
AND
S1.2 Construction works are designed and
managed to restrict the extent of clearing and
soil exposure to that necessary for access,
and safe construction;
S1.3 Clean stormwater is diverted or managed
around or through the site without increasing
the concentration of total suspended solids or
other contaminants in the flow and without
causing erosion (onsite or offsite);
S1.4 Cleared areas are effectively stabilised
prior to rainfall if works are delayed or works
are not intended to occur immediately;
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S1.5 For buildings,
a) upstream runoff must be diverted around
the construction site; and
b) sediment barriers are provided
downslope of disturbed areas to prevent
sediment washing into gutters, drains and
watercourses either on or off the site;
and
c) exposed soil and construction access
must be managed in accordance with the
International Erosion Control Association
Best Practice Erosion and Sediment
Control (BPESC) document 2008; and
d) temporary or permanent downpipes are
connected to the stormwater system
before laying the roof; or
e) localised erosion is avoided by directing
flow from downpipes over non-erosive
areas.
Works in a watercourse S2.1 Work within waterways must be
O1 Construction activities within watercourses are undertaken in accordance with Best Practice
planned to prevent erosion, construction failure and Erosion and Sediment Control, Appendix I –
associated sedimentation. Instream works, Sections 14 and 16
International Erosion Control Association 2008.
S2.2 Temporary vehicular crossings of
waterways must be designed and constructed
to convey flows for the 50%AEP event and
remain stable for all rainfall events up to
10%AEP event.
20. Water and Sewerage
Given that Council no longer administers the Water Supply & Sewerage Reticulation Code, and
the network assets are not its responsibility, it should be removed from the planning scheme. As
a consequence however it is suggested that statements be added to the use codes to ensure
that development in urban zones or within service areas connect to reticulated sewerage, water
supply and stormwater drainage at no cost to Council.
21. Water Sensitive Urban Design
Various amendments are proposed to the Water Sensitive Urban Design Code to bring the
provisions in line with current best practice for stormwater and water quality management
including the following overall outcomes:
a) development is designed, constructed and operated in a manner that contributes to, and
does not impede, long term attainment of relevant Environmental Values and Water Quality
Objectives as specified in the Environmental Protection Policy 2009;
b) development avoids adverse impacts on downstream ecosystems, properties and
infrastructure due to changes to stormwater flow, water quality or ecosystem health;
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c) stormwater conveyance channels use natural channel design principles to convey external
catchment stormwater through development and support landscape, passive recreation and
ecological values;
d) urban development captures and utilises run-off from appropriate areas for use on site; and
e) water reuse facilities have no adverse impact on the quality of the town mains water.
Specific outcomes and probable solutions would state—
Maintenance of environmental values and water
quality objectives
Outcome 1 Downstream ecosystems, properties and Solution 1.1 Development meets the applicable
infrastructure are not adversely impacted by either performance outcomes of the State Planning
changes to flow, water quality or ecosystem health Policy Appendix 2 SPP Code: Water Quality;
caused by development. AND
Solution 1.2 Design and construction methods
for stormwater quality treatment assets are in
accordance with Healthy Waterways Water By
Design Guidelines;
AND
Solution 1.3 Commitments are made to
implement a cost effective maintenance
strategy for the life cycle of any engineered
water quality treatment device;
AND
Solution 1.4 Water quality nutrient load
modelling is undertaken in accordance with
Water by Design Music Modelling Guidelines to
demonstrate compliance with the SPP nutrient
reduction requirements;
AND
Solution 1.5 Stormwater outlets that directly
discharge to naturally acidic environments are
managed to prevent eutrophication;
AND
Solution 1.6 Suitable methods are incorporated
to prevent the spread of invasive environmental
weed species at stormwater outlets.
Water demand
Outcome 2 Urban development reduces the need for S2.1 Captured water is plumbed to be available
mains water by capturing and utilising run-off from for all external uses including gardening,
appropriate areas on site; irrigation, ponds and outdoor cleaning.
AND
S3.1 Planting is in accordance with PSP 3
Outcome 3 Urban development reduces the need for Landscaping Plans and Guidelines.
mains water by eliminating requirement for irrigation via
the use the endemic plant landscaping design;
AND S4.1 A suitable backflow prevention device is
installed to protect the drinking water within the
Outcome 4 Backflow devices or similar systems are reticulated water supply in accordance with
installed, where necessary, to ensure water reuse AS/NZS 3500:2003 Plumbing and Drainage.
facilities have no impact on the quality of the town
mains water.
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Shire Business Centre
Outcome 5 Within the Shire Business Centre site, as No probable solution
shown on Map SBC run-off treatment is contained
within the developable areas of the site and drainage
lines are only used for final polishing of run-off;
AND
Outcome 6 Within the Shire Business Centre site, on-
site detention measures are contained within the
developable areas of the site, clear of drainage lines
and Open Space Precincts.
Use of natural treatments and systems
Outcome 7 Natural treatment strategies, including S7.1 No probable solution
grass swales and bio-retention systems, vegetated
filtration strips and gross pollutant traps, are used
wherever possible;
AND
Outcome 8 Development design including density and S8.1 Integration of stormwater quality treatment
scale provides adequate footprint to integrate all is in accordance with Healthy Waterways Water
elements of stormwater quality and quantity treatment Sensitive Urban Design Guidelines for South
infrastructure including, where relevant, bio-retention East Queensland and the Water by Design Bio-
basin batters and maintenance access, without the retention Technical Design Guideline.
need for retaining walls;
AND
S9.1 Landscape and ecological features (e.g.
Outcome 9 Stormwater conveyance channels use plant species and habitat types) used in
natural channel design principles to convey external stormwater conveyance channels are
catchment stormwater through the development site complementary to the local context, including
and support landscape, passive recreation and natural waterways.
ecological values. AND
S9.2 Planting densities result in a stable
channel over the long term and minimize
potential for invasive weed growth.
Outcome 10 Development design and operation S10.1 Methods to prevent gross pollutants
facilitates nil increase in gross pollutants entering entering stormwater systems and waterways
stormwater systems. are adopted that—
a) are low maintenance;
b) prevent nutrient leaching in the event
scheduled maintenance is delayed; and
c) facilitate human behaviour change (e.g.
signage, bins).
22. Biodiversity and vegetation protection
Amendments are proposed to the Biodiversity Overlay Code to incorporate vegetation protection
requirements into the planning scheme from the now expired Temporary Local Planning
Instrument (Vegetation Protection Overlay). These amendments mean that tree clearing activities
that are not otherwise exempt and that sit outside the Biodiversity Overlay mapped areas would
be assessed to determine whether they are reasonably necessary and whether they would
adversely impact on ecological important areas, riparian vegetation, visual buffers, scenic
amenity, water catchment areas, cultural heritage, or a person or industry reliant on maintaining
the vegetation.
There is concern that the incremental loss of vegetation over time will erode important shire
values unless there is a mechanism in place that can ensure that reasonable and necessary tree
clearing occurs and that compensatory plantings are provided as part of tree clearing approvals.
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Other amendments are also proposed to increase the clarity of outcomes for ecologically
important areas, koala habitat and open space connectivity. A number of related definitions are
also proposed within the Biodiversity Overlay. Amendments to the Biodiversity Overlay are
included as Attachment 1.
The Biodiversity Overlay provides for a common assessment process for tree removal on public
and private lands. A separate supporting policy can also be prepared that outlines the broad
strategic direction and principles for vegetation management consistent with the Biodiversity
Overlay. This policy could outline a simple risk assessment method for public and private land
and criteria for removing trees that pose danger to public safety.
Other administrative definitions are proposed in Part 2 - Interpretation to assist with interpreting
the Biodiversity Overlay as follows:
ecologically important areas means—
a) a natural waterway or wetland;
b) riparian vegetation;
c) an area of remnant or non-remnant native vegetation identified on a Biodiversity,
Waterways and Wetlands Overlay Map; or
d) an area which otherwise—
i contains or is likely habitat for scheduled species under the Nature Conservation
(Wildlife) Regulation (Qld) 2006;
ii contains or is likely to contain listed threatened species and/or ecological
communities, protected habitat or listed migratory species as defined by the
Environmental Protection and Biodiversity Conservation (Cth) Act 1999;
iii contains a spring as defined under the Water Act (Qld) 2000; or
iv contains habitat for flora and/or fauna species of local ecological significance.
exotic weeds means a species of plant occurring in an area outside its historical natural range
and which has a negative impact for the environment or people.
23. Heritage
The table of development with the Heritage Overlay Code is proposed to be amended to trigger
assessment against the Heritage Overlay Code for not just extensions to buildings within
character areas but for new buildings in character areas also. A new provision has been added to
the code to state that “New buildings incorporate building elements, materials and styles that
reflect the desired built form character of the street or character area”.
24. Natural Hazards (flooding)
Given that one of the greatest threats to people and property in Noosa Shire is natural disaster
from flooding, it is important that the community is provided with the best available flood
information and appropriate measures to mitigate flood risk and disaster having regard to not
only current climate but potential future climate conditions that take account of the lengthy asset
life of new developments.
Amendments are proposed to the flood hazard mapping for the Natural Hazards Overlay to
include:
new areas modelled for Pomona, Kin Kin, Cooroy, Six Mile Creek and Noosa Daintree
modelling updates for the Noosa River
latest climate change predictions.
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Legal advice suggests that council should be taking climate change into account when planning
for flood hazard. The current planning scheme includes a 300mm sea level rise for the Noosa
River flood hazard area based on modelling prepared in 1996. Experts advise that this region
could expect sea levels to rise as much as 800mm by 2100 and an increase in extreme weather
events including more severe and frequent flooding.
The amended mapping is based on a 1%AEP (Annual Exceedance Probability) flood event
(Q100) and adopts an 800mm sea level rise and 20% increase in rainfall intensity by the year
2100. These mapping amendments increase the extent of the area shown as being potentially
affected by flooding for the 1% AEP flood event. Larger, less frequent flood events will inundate
land beyond these extents.
If adopted, the mapping would also increase the height properties are required to be developed
to achieve the desired flood standard of immunity. To compensate for the increased flood height,
it is proposed to reduce the freeboard for minimum habitable floor levels for dwellings from
500mm (or 800mm for new development close the Noosa River) to 300mm. This will amount to a
modest overall increase in flood level of around 300mm in some areas. This means that the
habitable rooms such as bedrooms, kitchens and living rooms of new or extended properties in
these areas may need to be built 300mm higher than currently. This additional floor height is
considered to be readily achievable through appropriate design and site layout.
The 300mm freeboard is considered an appropriate safety factor given the conservative climate
change allowance. This approach will ensure the desired level of flood immunity of new
development is preserved for the life of the asset (say for the next 50 years) and will provide
important preparatory action to reduce Council and the community’s flood risk exposure.
By taking into account predictions for future sea level rise, in the short term this will provide an
additional level of flood immunity to new/redevelopment, enabling those developments to
possess greater resilience to extreme events.
As currently, the revised mapping would trigger assessment against the flood provisions in the
natural hazards code and would only apply to applications for new development, extensions over
50m2 and redevelopments.
Various changes are proposed to the flood provisions in the natural hazards code to ensure—
development provides for an effective evacuation route or safe refuge areas on site;
development does not alter the flood characteristics external to the development site based
on current and future climate conditions;
buildings are designed to provide for an attractive street front address appropriate to the
intended use; and
building materials used below the defined flood event have a high water resistance.
New definitions are proposed to be added to Part 2 Interpretation as follows:
defined flood event means the event, measured in terms of the likelihood of occurrence, and
associated inundation level adopted by the Council to manage development as identified in Table
13.12 (Flood levels and flood immunity requirements) of the Natural Hazards Overlay Code. The
DFE incorporates an allowance for future climate change over the design life of the development,
through increased rainfall intensities, mean sea level rise and a greater frequency of extreme
weather events.
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essential community infrastructure means any one or more of the following—
(a) emergency services infrastructure;
(b) emergency shelters;
(c) police facilities;
(d) hospitals and associated facilities;
(e) stores of valuable records or heritage items;
(f) power stations and substations;
(g) major switch yards;
(h) communication facilities;
(i) sewage treatment plants; and
(j) water treatment plants.
probable maximum flood means the largest flood that could reasonably occur at a particular
location, resulting from the probable maximum precipitation. The PMF defines the extent of flood-
prone land. Generally, it is not physically or financially possible to provide general protection
against this event.
25. Natural Resources Overlay Code
As the State Interest Guidelines to support the State Planning Policy have recently become
available, it is proposed to amend the overall outcomes, specific outcomes and probable
solutions for the Natural Resources Code to reflect the outcomes within these guidelines,
specifically in relation to agricultural land, extractive resources and water supply catchments.
These reinforced overall outcomes are proposed to read as follows:
The overall outcomes sought for the Natural Resources Overlay Code are—
a) for agricultural land conservation areas—
i agricultural land in the rural zone is protected from fragmentation, alienation or
diminished agricultural productivity
ii good quality agricultural land in the rural zone is protected for agricultural uses;
iii the use of good quality agricultural land for agriculture is not adversely affected by
other forms of development; and
uses that are able to be located elsewhere do not locate within agricultural land
conservation areas;
b) for extractive resource areas—
i development ensures that resource/processing areas and transport routes are
protected from encroaching development that is not a compatible extractive industry
use of the extractive resource area.
ii development for a sensitive or incompatible use maintains an effective separation
from a key resource area and does not encroach within a key resource area’s
separation area and its transport route separation area.
iii development, other than for an extractive industry, is buffered from and is able to
mitigate impacts likely to occur as a result of an extraction of resources from a
extractive resource area.
iv a high level of amenity for residents and land uses in the vicinity of extractive
resources, extractive industry operations and transportation routes is maintained;
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c) for water supply catchment areas—
i Lake Macdonald and Cedar Pocket dam water supplies are not adversely affected
by development or the effects of development;
ii any development that is unavoidable within the catchment is planned, designed,
constructed and operated to manage stormwater, wastewater and any other
pollutants in ways that protect the water quality of Lake Macdonald and Cedar
Pocket dam;
iii costs of water treatment and infrastructure maintenance are minimised;
iv the expected life of dam infrastructure is maximised; and
v the visual amenity of Lake Macdonald is not adversely affected by development; and
The Specific Outcomes and Probably Solutions for the Agricultural Land Conservation Area are
proposed to read as follows:
Reconfiguring a Lot
Outcome 1 Development does not result in the Solution 1.1 Land located within the
fragmentation of agricultural lands. Agricultural Land Conservation Areas identified
on Overlay Maps OM1.5—9.5 is not further
subdivided.
Outcome 2 Boundary realignments maintain or Solution 2.1 Realignment of boundaries of a
improve the opportunity for sustainable agricultural lot on, or adjacent to, Agricultural Land
production on Agricultural Land Conservation Areas. Conservation Area:
i) results in a number of lots equal to or less
than the total number of original lots;
ii) results in a more productive use and
management of agricultural land and
water for agricultural uses;
iii) does not lead to increased fragmentation
of agricultural land;
iv) does not increase potential conflict
between agricultural and non-agricultural
uses; and
Outcome 3 Lots created for urban settlement or rural Solution 3.1 An adequate buffer area is
settlement in the vicinity of Rural Zone land, provide designed and located in accordance with the
sufficient separation and other buffering to ensure that State Interest Guideline on Agriculture and the
potential impacts from agricultural activities do not 1997 Planning Guidelines – Separating
adversely affect— Agricultural and Residential Land Uses;
a) community health, safety and amenity; and
b) the continuing use of the agricultural land
resource;
Location of incompatible uses
Outcome 4 Uses that permanently alienate agricultural No solution provided1
land from production are not located within the
Agricultural Land Conservation Areas identified on
Overlay Maps OM1.5—9.5.
Separation of incompatible uses
Outcome 5 Adequate separation is provided between Solution 5.1 A distance of not less than 500m
existing or potential Agricultural Uses on land within an separates the use and any area identified as
Agricultural Land Conservation Area and incompatible Agricultural Land Conservation Area on Overlay
land uses. Maps OM1.5—OM9.5;
OR
1
PSP1 Details information Council may request to assist in the assessment of whether or not the application achieves the relevant
specific outcomes.
Page 73 of 155
Section 74
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Solution 5.2 Buffer areas and buffer elements
not less than those calculated in accordance
with Section 3 of the 1997 Planning Guidelines:
Separating Agricultural and Residential Land
Uses are provided and maintained to separate
the use and any area identified as Agricultural
Land Conservation Area on Overlay Maps
OM1.5-OM9.5.
The Specific Outcomes and Probable Solutions for the Extractive Resource Areas are proposed
to read as follows:
Key or Local Resource/processing area
Outcome 1 Development or use of premises within Solution 1.1 Development within the
the resource/processing area is compatible with the— resource/processing area is for Extractive uses
a) winning of the extractive resource; or directly associated with Extractive uses;
b) ongoing operation or expansion of existing or OR
potential Extractive uses; and Solution 1.2 Development is for other uses that
c) safe and efficient transport of materials to and would not constrain existing or future Extractive
from Extractive use sites. uses.
Resource/processing separation area
Outcome 2 Development within the Solution 2.1 No additional lots are created
resource/processing separation area— within either Key Resource Areas or Local
a) does not increase the number of people living in Resource Areas shown on Overlay Maps
the separation area; and OM1.5—OM9.5.2
b) incorporates measures which avoid or mitigate
adverse impacts from the winning and Solution 2.2 Development incorporates design,
transportation of the extractive resource; and orientation and construction materials that
c) does not compromise the function of the mitigate the potential adverse effects from an
separation area in providing a buffer between existing or future extractive industry to acceptable
Extractive uses and other uses. levels by:
a) locating buildings and structures the
greatest distance practicable from the
resource/processing area and associated
transportation route,
b) designing buildings so the areas where
people live, work and congregate (habitable
rooms) are furthermost from the
resource/processing area and associated
transportation route;
c) minimising openings in walls closest to
extractive operations;
d) providing mechanical ventilation to
habitable rooms;
e) use of appropriate construction methods
and materials including insulation and
glazing materials; and
f) providing private outdoor recreation space
adjacent to a building façade shielded from
the extractive industry or resource.
2
PSP1 outlines information Council may request for development within either Key Resource Areas or Local Resource Areas
Page 74 of 155
Section 75
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Advisory note
Where lots have land both within and
outside the separation area, a residential
use of the lot may be approved provided
dwellings are located outside the separation
areas. Plans lodged with Council shall include
building envelopes that identify the location
of the dwelling.
Haulage routes separation area
Outcome 3 Development does not adversely affect Solution 3.1 Development does not increase the
the safe and efficient operation of vehicles number of properties with access points to the
transporting extractive materials. haulage routes shown on Overlay Maps OM1.5—
OM9.5.
OR
Solution 3.2 Development access points are
designed to ensure the safe and efficient
operation of vehicles transporting extractive
materials.
Design and operation
Outcome 4 The design and operation of extractive No solution provided
resource uses minimises and mitigates the potential
for adverse impacts on environmentally sensitive
areas and amenity of existing uses.
Extractive Resources
Outcome 5 Industrial business Type 3 Extractive are No solution provided
designed, located and operated to ensure—
a) haulage routes3 associated with extractive
resources—
i) are located on roads where the haulage
route will minimise adverse impacts on
residential and urban residential amenity;
ii) are located on roads which are of
adequate construction, or may be
upgraded, to a standard commensurate
with the volume, type and nature of the
vehicular traffic utilising the haulage
route; and
iii) are adequately maintained as a part of
the utilisation of the extractive resource;
b) the utilisation of any extractive resource does
not result in adverse visual impacts from major
roads; and
c) the rehabilitation of extractive industry sites,
prior to or in conjunction with land use changes
on the site of the resources or within buffers to
the resource.
3
Some haulage routes associated with the Extractive use are identified within either the Key Resource Area or Local Resource Area
shown on Overlay Maps OM1.5-OM9.5.
Page 75 of 155
Section 76
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
26. Zone Changes
A complete list of zoning changes is included as Attachment 2. In general they can be
summarised as either correcting the zones of a new residential estate where the lot layout was
not finalised when the zone was applied; applying a conservation zone to land purchased
through the conservation levy; or changing the zone of Council land to reflect the established or
preferred use.
State Interest
Council Officers have met with officers of various State Agencies during July to gain an
appreciation of State Interests. No formal response has been received to date. A complete
State Interest Review will occur once Council has proposed amendments to forward to the
Minister.
Previous Council Consideration
At its meeting of 29 May 2014, Council resolved:
That Council note the report by Strategic Planner, Strategic Land Use Planning to the Planning
and Organisation Committee dated 20 May 2014, and respond to persons who made
submissions to the preliminary consultation on the proposed scheme amendments advising them
of the process going forward.
It is proposed that once Council has draft amendments available submitters can be informed of
Council’s intentions, ahead of formal public notification within the coming months.
At its meeting of 6 March 2014, Council resolved:
That Council note the report by Project Leader, Strategic Planning, Planning & Development to
the Planning & Organisation Committee dated 25 February 2014 and:
A. Resolve not to proceed with the previous Sunshine Coast Regional Council Draft
Planning Scheme process which applied to the Noosa Shire area;
B. Resolve to commence the process of making planning scheme amendments to the
Noosa Plan;
C. Authorise the Chief Executive Officer to advise the Minister of Council’s proposal to
commence the process of making planning scheme amendments; and
D. Respond to persons who made Noosa-relevant submissions to the draft Sunshine Coast
Planning Scheme in 2012 to advise them of Council’s intention regarding a planning
scheme review.
Finance & Risk
A weak or flawed planning scheme is harder to rely on in development assessment or to defend
in planning appeals. Each time a development approval is granted in conflict with the planning
scheme it erodes the strength of the scheme and erodes the community’s confidence in the
planning scheme. Therefore it is considered timely to update the planning scheme to strengthen
it and better reflect the expectations of the Noosa Shire Community and the planning policies of
the State.
Page 76 of 155
Section 77
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Consultation
External Consultation - Community & Stakeholder
Preliminary consultation on the planning scheme review occurred during April/May 2014. During
this period 78 submissions were received from consultants, community organisations, business
owners and private individuals. These submissions were previously reported to Council and
have been considered in the drafting of the proposed amendments.
Meetings with officers of various State Departments has led to the proposed update of various
parts of the scheme including aspects of economic development, biodiversity, natural hazards
and natural resources.
Internal Consultation
Various parts of Council either use or are affected by the Planning Scheme and widespread
internal consultation has occurred to highlight issues and potential solutions with the scheme.
Departments/Sections Consulted:
X Community Services X Planning & Infrastructure
X Disaster Management & Public Order X Building & Plumbing Services
Waste & Environmental Health X DA Planning
X Community Facilities X Strategic Land Use Planning
Cultural Facilities X Asset Design & Investigations
Asset Planning
Civil Operations
Environment
X
X Executive Office X Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance X Property & Facilities
Human Resources Revenue Services
Page 77 of 155
Section 78
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
ATTACHMENT 1
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
ATTACHMENT 1
PART 13 - OVERLAYS ex
So
xs
Division 1— Preliminary os
DE
13.1 Overlays 3 g
2
13.1.1. The provisions of this part comprise the following— = =
Division1— Preliminary 13-1 s 8
_ a
Division 2— General Provisions of the Biodiversity Overlay 13-1 a
©
Division 3— Assessment table for the Biodiversity Overlay 13-2
Division 4— Biodiversity Overlay Code 13-4
Division 5— General Provisions for the Heritage Overlay 13-11
Division 6— Assessment tables for the Heritage Overlay 13-13
Division 7— Heritage Overlay Code 13-16
Division 8— Assessment tables for the Natural Hazards and Natural 13-22
Resources Overlays
Division 9— Natural Hazards Overlays Code 13-30
Division 10— Natural Resources Overlay Code 13-39
Division 2— General Provisions of the Biodiversity Overlay
13.2. Definitions
The following definitions are applicable to this code—
category 1 lot means a freehold lot of 0.3 hectares or less in the protected
vegetation overlay area.
category 2 lot means a freehold lot of more than 0.3 hectares but less than 2
hectares in the protected vegetation overlay area.
category 3 lot means a freehold lot of 2 hectares or more, other than a category 4
lot, in the protected vegetation overlay area.
category 4 lot means a freehold lot of 2 hectares or more which is subject to a
property vegetation management plan in the protected vegetation overlay area.
critical habitat has the same meaning in the Nature Conservation Act 1992.
destroy has the same meaning in the Sustainable Planning Act 2009.
fire management activity means the controlled use of fire for pasture management,
to manage the risk of wild fire and to assist with the maintenance of ecological
processes in vegetation communities that are ecologically adapted to fire.
forest practice has the same mean as in the Sustainable Planning Act 2009.
former local law means Interim Local Law No. 8 (Protection of Vegetation) 2011
and includes Interim Subordinate Local Law No. 8 (Protection of Vegetation) 2011.
13-1
Biodiversity Overlay
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
heathland means a vegetation community of local origin that is characterised by
+ high species diversity and a canopy height generally less than 1.5 metres, growing
oS 3 on sandy soils and or soils subject to periodic inundation or waterlogging.
— >
Oo a exempt clearing means—
3
Oo 3
Oo 3 a) clearing which is a property maintenance activity,
Os
=
= s b) clearing which is reasonably necessary for emergency access or work or is
2 8 immediately required in response to an accident or emergency;
Q
be a Cc) clearing on a category 4 lot identified as exempt clearing for a property
oO
vegetation management plan prepared and approved in accordance with
Local Law No. 10 (Vegetation Management)’;
d) clearing which is reasonably necessary for carrying out work that is—
(1) authorised or required under an Act, regulation or local law; or
(ii) specified in a notice given by the local government or another
regulatory authority;
e) clearing in accordance with a development approval;
f) clearing on a category 1 lot, where—
(1) the vegetation is within three (3) metres of an existing building or
structure; and
(ii) the clearing is reasonably necessary for access to the building or
structure or has been approved in a landscape plan; and
(iii) the vegetation is not otherwise required to be retained in
accordance with a development approval:
g) clearing on a category 2 or 3 lot, where—
(1) the vegetation is within ten (10) metres of an existing building or
structure; and
(ii) the clearing is reasonably necessary for access to the building or
structure or has been approved in a landscape plan; and
(iii) the vegetation is not otherwise required to be retained in
accordance with a development approval:
h) clearing on a category 3 or 4 lot greater than ten (10) hectares in area,
where—
(1) the vegetation is within 30 metres of a building or within ten(10) metres
of a structure; and
(ii) the clearing is reasonably necessary for the control of fire risk to the
building or structure; and
1 Copies of property vegetation management plans can be obtained from the Noosa Council offices
13-2
Biodiversity Overlay
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
(iii) the vegetation is not otherwise required to be retained in accordance
with a development approval; ~
Ss
i) clearing vegetation within the path of a utility service; = =
3
j) clearing on a category 1, 2 or 3 lot, where the clearing — 3 :
: Os
(i) _ is pruning of native vegetation for the purpose of tree maintenance or 9S 2
hazard management; and = 7
- 28
(ii) results in no more than 20% loss of the live canopy volume of a tree within = g
a 12 month period; and a
(iii) does not involve /opping or topping;
k) the clearing is on a category 1, 2 or 3 lot, where the clearing is to vegetation
that is regrowth other than the following—
(i) vegetation in an area identified as a landslide hazard area on the Natural
Resources Overlay maps;
(ii) | vegetation which is an endangered, vulnerable and near threatened plant
as defined by the Nature Conservation (Wildlife) Regulation 2006;
(1i1) vegetation which is critically endangered or vulnerable flora as defined by
the Commonwealth Environment Protection and Biodiversity Conservation
Act 1999;
(iv) heathland;
(v) riparian vegetation;
(vi) vegetation in a critical habitat,
(vil) vegetation in an area that has been cleared in contravention of a local law
including the former local law;
l) clearing on land in the Agricultural Land Conservation Area (ALCA)
identified on the Natural Resources Overlay maps;
m) clearing in the course of a fire management activity;
n) clearing in the course of a forest practice;
0) clearing in accordance with a permit under the former local law.
land degradation means the following—
a) soil erosion;
b) a rising water table;
Cc) the expression of salinity;
d) mass movement by gravity of soil or rock;
e) stream bank instability;
13-3
Biodiversity Overlay
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
f) a process that results in declining water quality in a river stream, creek or
ek watercourse or natural wetland.
S
x = clearing means destruction of vegetation or interference with its natural growth, by—
3
o z a) cutting down, or
a § b) cutting or tearing branches, stems or roots, topping, pruning or lopping as per
oO 2 Australian Standard AS 4373-2007 — Pruning of Amenity Trees; or
= x c) poisoning, including contamination; or
2 2 d) releasing oil, petroleum, paint, cement, mortar or other deleterious substances to
Ks a root zone; or
x : .
e) — ringbarking; or
f) scar barking; or
g) _ fixing any object into living tissue or surrounding trunk or branches that may
destroy or seriously affect the vegetation; or
h) — using any tree climbing spikes in healthy trees that may destroy or seriously
affect the vegetation, other than in accordance with AS 4373-1996; or
i) damaging a root zone by compaction, excavation or filling in a way that may
destroy or seriously affect the vegetation; or
j) attaching guy rope, cable or other contrivances that may destroy or seriously
affect the vegetation; or
k) uprooting or displacing that may destroy or seriously affect the vegetation but
not including destroying standing vegetation by stock.
Jopping, a tree, means cutting or pruning its branches, but does not include—
a) removing its trunk; and
b) cutting or pruning its branches so severely that it is likely to die.
property maintenance activity means clearing protected vegetation which is
reasonably necessary for property maintenance including the following—
a) construction and maintenance of a farm track, fence and shed on site
b) maintenance of crops
Cc) slashing of grass
d) harvesting of crops
e) maintenance of pasture and cleared land areas
f) pruning, felling and clearing of orchard vegetation species
g) surveying purposes
h) collection of firewood for non-commercial purposes
i) removal of an exotic weed
j) removal of undesirable plant species®
k) any other maintenance activity specified in a property vegetation management
plan.
property vegetation management plan is a specific program of vegetation
management for a category 4 lot approved under the former Local Law No. 10
(Vegetation Management).
protected vegetation means vegetation protected from clearing in the Protected
Vegetation Overlay Area as follows—
a) Category 1, 2 and 3 lots — all vegetation
3 Undesirable Plant Species is defined in the Dictionary (Part 2 Interpretation).
13-4
Biodiversity Overlay
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
b) Category 4 lots — vegetation to be retained as part of a property vegetation
management plan ~
Cs
Protected Vegetation Overlay Area applies to the whole of the planning scheme & S
area of the Noosa Plan. Os
of
pruning has the meaning given in the AS 4373-2007 Pruning of Amenity Trees. 3 §
wal
reasonably necessary means vegetation clearing for a particular purpose where Ss &
there is no alternative way of achieving the purpose that is prudent and feasible and ® 3
that would avoid clearing or significantly reduce the extent of vegetation clearing. Rw 3
Mm &
regrowth means any vegetation that is less than seven (7) years of age. *
sequential clearing means—
a) a method of clearing trees whereby felling operations are conducted in discrete
stages such that wildlife is provided sufficient time and space to enable them to
move from the clearing site of their own volition without the need for human
intervention to remove or relocate them; and
b) the felling of limited numbers of trees at any one time at the clearing site and
not clearing where native wildlife is present; and
Cc) not the clearing of all trees on site in a single, uninterrupted operation.
topping means reducing the height of a tree through the practice of lopping (AS 4373-
2007 Pruning of Amenity Trees)
Division 3— Assessment table for the Biodiversity Overlay
13.3. Assessment categories for the Biodiversity Overlay
13.3.1 The assessment category for development on land subject to the Biodiversity Overlay
is identified in column 2 of Table 13.1 as follows—
a) Making a material change of use;
b) Carrying out building work not associated with a material change of use;
Cc) Carrying out building work not associated with a material change of use if
relocation or removal of a building;
d) Carrying out operational work; or
e) Reconfiguring a lot.
13-5
Biodiversity Overlay
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
13.4 Relevant assessment criteria for development affected by a
cz Biodiversity Overlay
oO &
= >
QO. 5 13.4.1 The relevant assessment criteria for development on land subject to the Biodiversity
wo € Overlay is referred to in column 3 of Table 13.1.
He
© 8 Table 13.1 Assessment Categories And Relevant Assessment Criteria For The
Ss g Biodiversity Overlay—All Development
® 8 Column 1 Column 2 Column 3
— a Type of Development Assessment category RCN CEC CRTC CI aL
a criterion
Making a material change of Exempt if— If code assessable—
use— all uses and use classes; | a) Detached house or Biodiversity Overlay Code
Carrying out building work not community pesigence
associated with a material where loca e wi nan
change of use; approved building
envelope designated for
Carrying out building work not that use’: or
Change fuse /reoeaton or |) involving development
removal of a building; within an EPA Estate’;
Carrying out operational work; or | c) exempt clearing’; or
Reconfiguring a lot. d) if the criteria for code
assessable do not
otherwise apply.
Code assessable if
involving—
a) clearing vegetation’ on
premises identified as
Environmental
Protection Area,
Environmental
Enhancement Area or
Riparian Buffer Area on
Biodiversity Overlay
Maps OM1.1 to OM9.1;
or
b) development on
premises identified as
Riparian Buffer Area on
Biodiversity Overlay
Maps OM1.1 to OM9.1,
except for demolition
works; or
c) Reconfiguring a lot
where the premises
contains vegetation on
land identified as
Environmental
Protection Area,
Environmental
Enhancement Area or
* Building envelopes are included on property notations on council's rates records for affected lots.
° Development within an EPA Estate is managed in accordance with the Nature Conservation Act 1992 (NCA) and the
provisions of any management plan or conservation agreement under the NCA.
As defined in section 13.2 above
” As defined in section 13.2 above
13-6
Biodiversity Overlay
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Page 84 of 155
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Column 1 Column 2 Column 3
Type of Development Assessment category RGEC lae eee als ~
criterion 2s
Riparian Buffer Area on & S
Biodiversity Overlay as
Maps OM1.1 to OM9.1. © =
d) clearing of protected a £
vegetation. 0 §
pomer emt 9 3
a
Division 4— Biodiversity Overlay Code *
13.5 Biodiversity Overlay Code
The provisions in this division comprise the Biodiversity Overlay Code. They are:
e compliance with the Biodiversity Overlay Code (Section 13.6);
e overall outcomes for the Biodiversity Overlay Code (Section 13.7);
e specific outcomes and probable solutions for the Biodiversity Overlay Code
(Sections 13.8—13.10).
13.6 Compliance with the Biodiversity Overlay Code
Development that is consistent with the specific outcomes in sections 13.8—13.10
complies with the Biodiversity Overlay Code.
13.7 Overall outcomes for the Biodiversity Overlay Code
13.7.1. The overall outcomes are the purpose of the Biodiversity Overlay Code.
13.7.2. The overall outcomes sought for the Biodiversity Overlay Code are the following—
a) The natural resources of Noosa Shire are conserved including—
i land which is of scenic, cultural, historical, educational, recreational,
scientific, ecological, biodiversity, economic, social or aesthetic value;
ii soil or landforms such as watercourses, drainage lines, foreshores,
dunes and steep siopes;
ili the ecosystem health and quality of the water, land and other natural
resources; and
iv the extent and condition of native and remnant vegetation, including
ecologically important areas, wetlands and areas of significant regrowth
of local origin;
b) The terrestrial and aquatic biodiversity of native flora and fauna and their
habitats is maintained;
Cc) Ecologically important areas, wildlife corridors, ecological linkages and riparian
vegetation are conserved, managed, enhanced and rehabilitated to ensure the
long term ecological viability, integrity and sustainability of native flora and fauna
species, and to improve biodiversity, landscape stability, and resilience;
d) Development is managed so as to avoid, or where avoidance is not practicable,
minimises or mitigates the impacts upon the Shire’s biodiversity values and
natural resources, including—
13-7
Biodiversity Overlay
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
i ecologically important areas;
o = il the ecological values of water catchment areas;
N
o = iti the water quality of waterways, the Noosa River system and ground and
o£ surface waters;
Qe
Ox iv that part of the natural environment that may be environmentally harmed
Oo £ by vermin, pests, noxious plants or threats such as fire, development and
= x inappropriate land management;
O 3
< 8 Vv vistas and scenic amenity of the landscape;
a
vi coastal resources and values including coastal foreshores, near shore
marine environments, beaches, dunes, rocky headlands, beaches and
river mouths; and
vii koala habitat areas and ecological linkages that provide for connectivity
and safety for the long term viability of koala populations.
e) The replanting or rehabilitation of degraded ecosystems and habitat is achieved;
f) In the case of urban areas, urban amenity, quality of life and ecosystem health is
maintained and enhanced;
g) Clearing of protected vegetation only occurs where it is reasonably necessary
and in an environmentally sensitive manner that provide for suitable replacement
plantings.
13.8 Specific outcomes for the Biodiversity Overlay Code
The specific outcomes sought for the Biodiversity Overlay Code are included in
column 1 of Table 13.2. Probable solutions for code assessable development are
included in column 2 of Table 13.2.
Table 13.2
column 1 column 2
Specific outcomes Probable solutions (if code assessable)
13.9 Vegetation retention and conservation”
Environmental Protection Area &
Environmental Enhancement Area
Vegetation & Riparian Buffer Area $1.1 An Ecological Assessment Report
O01 Vegetation of local origin? on premises prepared in accordance with Planning Scheme
identified as— Policy 18 — Ecological Assessment Guidelines
a) Environmental Protection Area’? or demonstrates that the flora on the premises
Riparian Buffer Area on the Biodiversity | does not constitute Environmental Protection
Overlay Maps OM1.1 to OM9.1, is Area or Environmental Enhancement Area
retained and conserved in its present vegetation.”
form or improved to ensure its ongoing OR
contribution to the natural resources and
biological diversity of the Noosa Shire; | $7.2 Where constructing a Detached House;
and 4 or Community residence interference with
b) Environmental Enhancement Area’ on | vegetation does not extend beyond—
Biodiversity Overlay Maps OM1.1 —
8 PSP18 Ecological Assessment Guidelines details information Council may require as part of an information request.
° Local origin is defined in the Dictionary (Part 2 Interpretation)
® Refer to Council's Vegetation of Noosa Shire study for further details on what constitutes Environmental Protection
vegetation.
" Refer to Council's Vegetation of Noosa Shire study for further details on what constitutes Environmental
Enhancement vegetation.
13-8
Biodiversity Overlay
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
Page 86 of 155
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
column 1 column 2
Specific outcomes Probable solutions (if code assessable)
OMS.1, is protected from the impacts of | a) 30mofa building or 10m of a structure on [2s
development by— lots greater than 10ha; or & =
i. avoiding edge effects; b) 10m ofa building or structure on lots 10ha as
il. avoiding fragmentation; and or less but more than 0.3ha; or oO g
ili. maintaining vegetation in c) 3mofa building or structure on lots 0.3ha C g
manageable and viable or less. Os
configurations. =é&
AND ® 3
02 For the purpose of Reconfiguring a Lot §2.1 Where clearing vegetation on the <8
new lots are only created where they minimise premises is for the purpose of Reconfiguring Mm &
the fragmentation and maximise the retention | a Lot—
of existing vegetation. a) new boundaries to lots do not transect
and fragment existing vegetation;
b) new lots are created to allow for suitable
house site areas or other future buildings
and works to be located within existing
cleared areas or areas of low ecological
value; and
c) building envelopes are designated for
each lot.
O3 Clearing vegetation only occurs where— | $3.7 No solution provided
a) no other suitable cleared or partially
cleared area is available on the
premises;
b) the development minimises the total
footprint within which all activities,
buildings, structures, driveways and
other works are contained; and
Cc) the development is located in areas of
low ecological value over other areas,
to the greatest extent practicable.
Environmental Protection category
Vegetation that falls within the Environmental
Protection category comprises regional
ecosystems that possess at least one of the
following environmental values or criteria—
° The regional conservation status under
the Queensland Vegetation Management
Act 1999 is "Endangered";
. It forms habitat for threatened or
protected fauna species, as identified in
Vegetation of Noosa Shire,
° It is ‘rare’ or naturally restricted
regionally or locally, as identified in
Vegetation of Noosa Shire; or
e The extent reserved within protected
areas in Noosa is ‘low’, as identified in
Vegetation of Noosa Shire.
” This solution does not apply to the Riparian Buffer Area.
13-9
Biodiversity Overlay
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 19 AUGUST 2014
column 1 column 2
x Specific outcomes Probable solutions (if code assessable)
& & | Environmental Enhancement category
o = Vegetation that falls within the Environmental
wo 2 Enhancement category comprises regional
Y 2 | ecosystems that possess at least one of the
& S following environmental values or criteria—
= Ele The regional conservation status under
® 3 the Queensland Vegetation Management
— 3 Act 1999 is “Of Concern"; or
b Ele The extent reserved within protected
areas in Noosa is ‘medium’, as identified in
Vegetation of Noosa Shire.
Wetlands
04 Wetlands are protected from removal or | 54.7 A minimum separation distance of 100m
degradation and any adverse impacts on is provided between a wetland and any
wetlands are prevented, minimised or adjacent development or use.
mitigated by—
a) maintaining adequate separation between
the wetland and any adjacent
development or use"*;
b) minimising any modification of the natural
characteristics of the wetland, including
the topography, surface and groundwater
hydrology, water quality and flora and
fauna species;
Cc) preventing any new development within
wetlands;
d) minimising access to the wetland;
e) minimising impacts associated with pest
insect control and invasion by undesirable
plant species; and
f) providing for the rehabilitation and
replanting of degraded wetlands.
Riparian Zones
O5 The biodiversity and ecosystem values of | $9.7 No new development occurs on, or partly
watercourses, drainage lines, wetlands and on, premises indicated as Riparian Buffer Area
adjacent riparian zones are protected by— on Biodiversity Overlay Maps OM1.1 to
a) avoiding any new development in the OM8.1, except for—
riparian buffer area; a) temporary use of the land; or
b) retaining aquatic and terrestrial habitat b) Infrastructure which provides access to a
oe . watercourse for recreational purposes;
in riparian zones; OR
c) maintaining wildlife corridors along §5.2 Where constructing a Detached house
watercourses and drainage lines for or Community residence and on an allotment
native fauna movement; situated wholly within the Riparian Buffer Area,
d) avoiding edge effects and incompatible | a) fronting the Noosa River — development
uses in riparian zones; is setback a minimum of 40m from mean
€) maintaining bank stability by minimising high water spring or as otherwise
bank erosion and slumping: prescribed by the Environmental
a : . Protection Agency’s Erosion Prone Area
f) maintaining water quality by filtering Maps;
sediments, nutrients and other , .
b) __ not fronting the Noosa River —
"8 The extent of separation will be determined from the size, values and vulnerability of the wetland, likely natural
fluctuations, and the nature of potential threats to its integrity and functions.
™ The Erosion Prone Area map for the Noosa River is reproduced in Schedule 5.
13-10
Biodiversity Overlay
Page 87 of 155The text continues on section 88.