Council Report MCU18 0102 · MCU18/0102

mcu18/0102 development application for a material change of use for visitor accommodation type 4 conventional (122 BEDS) at 16 mary street, noosaville

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/Application/MCU18/0102

Attachments	1. 	Proposal Plans

APPLICATION DETAILS
Applicant	Bounce Hostel Noosa Pty Ltd ATF The Bounce Hostel Unit Trust
Proposal	Material Change of Use - Visitor Accommodation - Type 4 Conventional (122 beds)
Properly Made Date	26 June 2018
Information Request Date	18 July 2018
Information Response Date	20 August 2018
Decision Due Date	29 November 2018
Number of Submissions	5
PROPERTY DETAILS
Property Address	14 – 16 Mary Street Noosaville
RP Description	Lot 3 RP 122928 Lot 4 RP 122928
Land Area	1148m² 1148m²
Existing Use of Land	Not for profit charity shop and Classic Malibu surf shop
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Business Zone – Mary Thomas Street Precinct
Overlays	Natural Hazard Overlay – Flood Hazard and Acid Sulfate Soils
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 6 November 2018 regarding Application No. MCU18/0102 for a Development Permit for Material Change of Use - Visitor Accommodation - Type 4 Conventional (122 beds) situated at 14-16 Mary Street Noosaville and:
A.	Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A.01	B	Site Plan, by Zest Building Design	31.07.2018
A.02	B	Basement Floor Plan, by Zest Building Design	31.07.2018
A.04	B	Floor Plan – Level 2, by Zest Building Design	31.07.2018
A.05		Dimensional Plan – Level 1, by Zest Building Design	
A.06		Dimensional Plan – Level 2, by Zest Building Design	
A.07	B	Elevations, by Zest Building Design	31.07.2018
A.08	B	Elevations, by Zest Building Design	31.07.2018
A.09	B	Building Sections, by Zest Building Design	31.07.2018
A.015	A	Roof Plan, by Zest Building Design	31.07.2018
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.  The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works*
The southern pavilion must be reduced in height so that the main entry roof does not exceed 8.80 metres above both finished and natural ground levels.
With the exception of the main entry roof of the southern pavilion the maximum height of the development must not exceed 8.40 metres above finished and natural ground level.
A minimum 600mm eaves must be provided to the full extent of all buildings.
The northern elevation must include variation of colours and materials to provided increased articulation.
The length of the acoustic fence on the western boundary must be extended for the full length of the western boundary. A 2.0 metre high acoustic fence must be installed for the full length of the northern boundary.
Windows to the upper level of the western and northern elevations must be fixed and acoustically double glazed.
All buildings must have a roof pitch of at least 5 degrees.
No retaining walls or planter beds are to be constructed in the road reserve.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
122 beds are approved for the Visitor Accommodation Type 4 – Conventional (visitor hostel). The approved Gross Floor Area is 1084m2. No pavilion may exceed 300m2 of Gross Floor Area.
The approved accommodation units must be used for short term visitors only. The approved units must not be occupied by persons for the purpose of permanent accommodation.
The café must not operate outside the hours of 7am to 7pm.
Use of the pool/sundeck area must not occur outside of the hours of 7am to 7pm.
The café, pool and sundeck must only be available for the residents of the visitor accommodation use and must not permitted for use by persons not staying in the visitor hostel.
Service vehicle movements on the premises (including loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sunday or public holidays.
Amplified music must not be audible at the boundaries of the site between 10pm and 7am.
Building Height
The maximum height of the southern pavilion must not exceed 8.80 metres above the finished ground level and the natural ground level. All other pavilions must not exceed 8.40 metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval, the Planning Scheme Policy 3 Landscaping Plants and Guidelines for that specific area and must include in particular:
the works shown on the approved site plan.
a minimum 2.0 metre wide landscaping strip along the Mary Street road frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items.
A minimum 1.5 metre wide landscaping strip along the full extent of the eastern and western boundaries.
a 3.0 metre wide vegetated screening of northern elevation of the northern pavilion from the adjoining properties in Anne Street, designed such that vegetated screening will be provided within 3 years of the plantings occurring.
vegetated screening of the acoustic barrier adjacent to the western boundary in accordance with the conditions of this Decision Notice
vegetated screening of any electrical transformers, bin storage areas and the like from the road frontage
provision of 1 street tree within the road reserve for every 8 metres of road frontage
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
The building entrance or reception area must be clearly visible and identifiable from the street or otherwise provided with signage and lighting at strategic locations to direct people to the building entrance.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
Advertising Devices
Advertising devices must comply with the requirements of the Advertising Devices Code.
Construction signage, including that on hoardings, shade cloth and cranes but not including statutory safety signage, shall not exceed a total of 4m2 to each of the site’s street frontages.
Fencing and Walls
Any street fencing must be setback an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m
be of open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each rooming unit must be provided with access to an outdoor clothes line which is screened from public view.
Protection of Privacy
To ensure privacy is protected between adjoining properties, any window/s, deck or the like that overlooks or has the potential to overlook the private open space or habitable room windows of neighbouring properties must either:
have a minimum window sill height or 1.5 metres above floor level
be fitted with translucent glazing
be fitted with a fixed external screen
Communal Recreation Areas
Communal recreation area/s must be provided as shown on the approved plans.
Amalgamation of Lots
Lots 3 and 4 on RP 122928 must be amalgamated prior to the commencement of use.
ENVIRONENTAL HEALTH
Amenity
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Noise Nuisance
Noise emission from mechanical equipment shall comply with the following requirements:
Air-conditioning and Refrigeration
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
Pumps
7am to 7pm: Maximum background + 5dB(A)
7pm to 10pm: Maximum background + 3dB(A)
10pm to 7am: No audible noise.
Air conditioning units and swimming pool filtration plant shall be located within the undercover carpark.
Kitchen exhaust points for the development must be located and operated in accordance with Australian Standard AS1668.2-2002 “The use of ventilation and air-conditioning in buildings” (specifically Section 5.10 – Air Discharges).
Submission of written certification from a suitably qualified person confirming that the noise levels from all mechanical equipment comply when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.  All equipment should be operating at the same time to test the overall noise level created.
Entertainers or speakers used to amplify noise must not be located in any of the outdoor recreational areas (pool, space sundeck, and sun lounges, multi-purpose/flexible lounge/outside deck).
Outdoor Lighting Devices
Lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” using a control level of 1.
Certification must be submitted to Council from a qualified person which certifies that all outdoor lighting devices comply with the requirements of this Decision Notice at the time of commissioning.
For the purpose of certifying outdoor lighting devices for the development, a qualified person is:
Registered Professional Engineer of Queensland;
an environmental or electrical design consultant with a minimum of 3 years current experience in the field of outdoor lighting.
Building Demolition/Removal/Relocation
Where the development involves the removal, relocation or demolition of a building, a Waste Management Plan (construction and demolition) in accordance with Planning Scheme Policy 11, Waste Management Plans must be submitted and approved by Council’s Environmental Health Officer prior to issue of a development permit for operational works for demolition, removal or relocation of any building other than a shed.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free. Higher gate fees are charged for mixed waste.
Waste storage areas must provide adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The site area for the storage and separation of waste is to be shown on the plan drawings accompanying the application.
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed.
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site *specify proposed re-use or on-site recycling methods	Off-site  *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
WASTE
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 "Waste Management Multi-Dwellings and Commercial and Industrial Premises". The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m2) , or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
Bins must be provided throughout the site to reduce littering. All bins provided must be for refuse and recycling and be decanted into the bulk bins by the site operators.
ENGINEERING
Site Specific Conditions
The proposed flood barrier must be of a design that is activated by the rising flood levels and the associated hydraulic differential to raise and lower the barrier. The barrier must not require a power supply or human intervention. The barrier must be maintained by the property owner in accordance with the manufacturer’s specifications. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Certification from a Registered Professional Engineer of Queensland (RPEQ) that states that the design of the barrier is suitable for its intended use.
The development must include an internal stairwell connecting the basement level to the upper floor. The stairwell must be located and constructed to provide an escape route for people to evacuate the basement in the event the barrier and/or pump system fails. Plans submitted as part of any subsequent operational works and building permit must clearly indicate the stairwell.
External Works
Mary Street must be upgraded for the length of its frontage to the subject site. The works must be generally in accordance with drawing number 17699-SK100 Revision A prepared by TOD Engineers and Project Managers dated 17 August 2018. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
construction of new kerb and channelling offset 7.5m (3.5m lane and 4m of cycle lane/parallel parking) from the northern side of the existing landscaped median;
suitable transitions from the new kerb line to join with the existing kerb at the western and eastern end;
landscaping of the verge area;
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice;
removal of the existing property accesses and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed.
Condition 44 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Site Access and Driveways
A sealed access driveway must be provided from Mary Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
driveway crossovers generally in accordance with Council’s Standard Drawing Number RS-051 and any associated addendum.
suitable safety measures, including warning signage, to improve driver awareness of the flood barrier, service vehicles and pedestrians and to enhance driver and pedestrian safety. Warning signage must be provided near the exit ramp from the underground parking area and the guest/service area to warn motorists of pedestrian movement along the frontage street.
Car Parking
A minimum of 17 car parking spaces, inclusive of 1 courtesy bus space, must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
13 customer parking spaces (including 4 scooter spaces) within the total, which are clearly marked for that purpose and accessible at all times for visitor use.
3 staff parking spaces within the total, which are clearly marked for that purpose.
1 courtesy bus space within the total.
2 disabled parking space/s within the total.
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.
Provision of 20 bicycle parking spaces.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a 2 metre wide footpath within the road verge for the entire length of the site’s frontage to Mary Street.
Condition 50 is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
the works shown on drawing number 17699-SK101 Revision A prepared by TOD Engineers and Project Managers dated 17 August 2018, with the inclusion of the following:
The storage tank must have sufficient capacity to cater for the runoff from the driveway in a 1%AEP rain event as a minimum.
A back up power system for the pump that is independent of the mains network.
Acid Sulfate Soils
All works must be carried out in accordance with an Acid Sulfate Soil and Groundwater Management Plan for the development prepared by a qualified person* and referenced in a Development Permit for Operational Works. The Acid Sulfate Soil and Groundwater Management Plan must specifically address how lowering of the groundwater level as a result of the works will be avoided.
*(Refer to Advisory Note)
All waters, including stormwater runoff, groundwater seepage and leachate from acid sulfate soils must achieve the following quality prior to release from the site:
a pH range of 6.5-8.5 pH units
50mg/L maximum total suspended solids concentration
0.3mg/L maximum total iron concentration
0.2mg/L maximum total aluminium concentration
no visible plume at either the point of release from the site or within a waterway
The basement must be designed and constructed as a water excluding structure in accordance with Australian Standard AS3735 "Concrete Structures for Retaining Liquids" to ensure groundwater does not enter the basement after construction is completed.
All treated material must undergo verification testing at the rate of one sample per 250m3 throughout the duration of the excavation phase of the development. The verification testing must be undertaken by a qualified person* using the SPOCAS or Chromium Reducible Sulphur testing suite, and the results must be submitted to Council for appraisal.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Earthworks and Retaining Walls
All earthworks must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense .
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The application seeks a Development Permit for a Material Change of Use of Premises to establish a 122 bed hostel. The proposed use is defined under the Noosa Plan as Visitor Accommodation Type 4 – Conventional. The development is proposed to be located over 2 existing Business Centre Zoned lots within the Thomas and Mary Street Precinct. The lots are situated opposite the Noosa Village Shopping Centre.
The proposal consists of four two storey pavilions and a basement car park. Three pavilions provide for the accommodation and guest facilities and an entry pavilion contains the administration and management functions.
The basement includes 14 car parking spaces (including 1 bus space), 4 scooter spaces, bicycle storage, communal laundry and a storage/data/communications room.
The ground level consists of:
10 accommodation units consisting of 6 x 2 beds and 4 x 8 beds (total 44 beds);
Male and female bathrooms;
Communal kitchen, dining, lounge area;
Reception area; and
Centrally located pool, spa, sundeck and café.
The upper level consists of:
15 accommodation units consisting of 10 x 4 beds, 1 x 6 beds and 4 x 8 beds (total 78 beds);
2 x lounge areas;
Male and female bathrooms; and
A Multi-purpose/flexible lounge area.
Setbacks proposed are –
to Mary Street - between 6.0 metres and 13 metres.
to the eastern side boundary - 	Level 1: 3.60 metres		Level 2: 3.60 metres
to the western side boundary - 	Level 1: 3.175 metres		Level 2: 3.180 metres
to the northern (rear) boundary - 	Level 1: 3.985 metres		Level 2: 3.98 metres
The external finishes consist of a variety of materials including:
painted weatherboard cladding
timber batten screens
Colorbond roof
Openable shutters
timber balustrading to Mary Street frontage.
Landscaping is generally proposed around the perimeter of the site, including screening trees and shrubs.
The following images provide details of the proposed development.

Figure 1: Impression of front elevation

Figure 2: Basement Plan

Figure 3: Level 1 Plan

Figure 4: Level 2 Floor Plan

Figure 5: Southern and Western Elevations

Figure 6: Eastern and Northern Elevations
Full plans are included in Attachment 1.
The application material includes specialist reports and supporting documents comprising:
Town Planning Report, prepared by Russell Green Strategic
Engineering Report (Flood, Acid Sulfate Soils, Stormwater Management and Access and Car parking) by Tod Consulting
Economic Impact Assessment, prepared by Sister City Partners
Geotechnical Investigation, prepared by Core Consultants
Noise Assessment Report, prepared by RoadPro Acoustics
The application is before Council due to the significance of the proposal.
site details
Background
The site was registered as a non-conforming use (NCU-5 February 1986) for retail sale of petrol, fuel, oil, transport depot, storage facility, workshop and repairs in 1986.
In June 2014 written advice was prepared and as the non-conforming uses had not operated on the site for some time, it was considered that these uses had been abandoned and the site no longer had these use rights.
Currently there are two unapproved retail uses on the site (Classic Malibu and Smart Pups Charity Shop).
Site Description
The site comprises two lots with a total area of 2,296m2 formally known as Lots 3 and 4 on RP 122928.
A large tin roofed shed occupies the front half of the site well setback from each side boundary. A concrete surface extends from the road formation to the front of the building. The remainder of the site is gravel surfaced. The site is relatively flat with screening vegetation adjacent to the rear northern boundary. Vehicle access is obtained from Mary Street.
Surrounding Land Uses
North: Ann Street: Attached Housing zoned land which has been developed for detached housing, duplex dwellings and multiple dwelling units.
South: Mary Street: Business Centre zoned land which has been developed for Dan Murphy’s, Woolworths and Villa Noosa.
East: 18 Mary Street: Mary Street Professional Centre which accommodates professional services including a lawyer and medical centre.
West: 12 Mary Street: a double storey residential dwelling.
Pre-lodgement meeting
A pre-lodgement meeting was held with the applicant in October 2017. Issues identified as a result of the meeting included the inclusion of a basement car park given the site is subject to flooding and the developments potential impact on amenity of adjoining residential properties attributed to a break out zone adjacent to the rear boundary.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and raises no issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
SEQ Development Area
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions are relevant to the development.
Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Business Centre Zone. The site is also in the Mary Street and Thomas Street Precinct. The proposed use is required to follow an impact assessable application process.
The Noosa Plan specifically identifies that the use of the subject site for the purpose of Visitor Accommodation - Type 4 Conventional is a consistent use. In drafting the Noosa Plan it was recognised that there were a limited number of backpackers in Noosa so a number of sites were identified in the drafting of the Noosa Plan to accommodate future development for backpackers. It is the only site within the Noosaville locality that is specifically identified for Visitor Accommodation Type 4. The use supports Noosa’s tourism industry and provides a choice of visitor accommodation, specifically low cost accommodation.
The proposal is generally consistent with the Overall Outcomes, Specific Outcomes and Probable Solutions of the locality in regard to the intended built form, apart from the height of the development. This includes
Overall Outcome 11.7.2
ss) 	For the Business Centre Zone—
iii 	the Mary Street/Thomas Street Precinct, as shown on Map ZM8, provides a range of business facilities and services, which do not generate large volumes of traffic or require significant customer parking and which are accommodated in buildings of a domestic scale;
Specific Outcome O85
The predominantly residential character, scale and appearance of buildings in the Mary Street/Thomas Street Precinct is maintained and uses and buildings are designed and sited to —
a) 	present a domestic scale and form of architecture, rather than commercial, when viewed from the street and adjoining residential premises;
b) 	accommodate small-scale Business Uses that conform with the amenity of adjoining or nearby residential premises;
c) 	protect the visual and acoustic amenity of adjoining and nearby residential premises; and
d)	provide for car parking at the rear of the site.
Probable Solutions 85.1-85.4:
S85.1 For existing buildings, development retains the general form and character of the building; AND
S85.2 The GFA of any single building on the site does not exceed 300m2; AND
S85.3 The maximum site cover is 50%; AND
S85.4 Development retains large trees, including canopy trees, which add to the established character of the area.
The planning scheme includes specific design requirements for the Mary Street and Thomas Street precinct and seeks development of a domestic form and scale that is consistent with the character of the area. The proposed built form is of a residential character consisting of 4 pavilions each less than 300m2 in gross floor area, reflective generally of a domestic form. The residential character of the built form is also expressed through elements such as verandas, glazing, shutters, transparent balustrading, eaves and a roof form with a pitch that is significantly greater than 5 degrees.
Further to the stated outcomes for the locality there are performance based criteria for the development to be assessed against. The table below details the proposal’s compliance with the key development provisions of The Noosa Plan:
Criteria	Planning Scheme	Proposal	Complies
Population density	320 persons max per hectare = 73.47	(122 x 0.6) = 73.2	
Gross Floor Area	GFA of any single building to be max. 300m2	Northern pod – 295.52m2 Southern pod - 212.31m2 Eastern pod - 277.05m2 Western pod – 299.11m2	
Site cover	50%	816m2 = 36%	
Roof form	>5 degree roof pitches	>5 degree roof pitches	
Boundary setbacks: Frontage (south) Side (east) Side (west) Rear (north)	6 metres min 3.8 metres min (1/2 building height) 3.8 metres min (1/2 building height) 6 metres min	6.0 metres to front wall 4.8 metres to Outer Most Projection 3.6 metres 3.175 metres 3.985 metres	X X X X
Building height - in storeys - in metres	2 Storeys max 10 metres max (Probable Solution)	2 Storeys 9.50 metres (Probable Solution) Specific Outcome	X
Kitchen and dining	5% of GFA (54.2m2) min	110 m2 combined	
Common rooms	7% of GFA (75.88m2) min	82.5m2 formal lounge areas 110m2 flexible space	
Communal sitting areas	8% of GFA (86.72m2) min	204 m2	
Reception area	12m2  min	48 m2	
Laundry	3% of GFA (32.52m2) min	55 m2	
Car parking	1 per 10 beds @122 beds = 12.2 1 per staff @ 3 staff = 3 1 courtesy bus space TOTAL = 15.2 spaces	10 car spaces and 4 scooter spaces in basement. Additional area for 2 spaces front of site = 13 spaces 3 staff spaces 1 bus space TOTAL = 17 spaces	
The development demonstrates compliance with the development provisions within the Noosa Plan with the exception of height and front, rear and side setbacks.
With regards to height, the overall height of the development is excessive being 9.5 metres at its highest point, substantially exceeding the height of other buildings in the precinct which average approximately 8.4 metres and is likely to dominate the streetscape and appear out of place.
While the proposal does not exceed the Probable Solution’s maximum height of 10 metres for the Business Centre Zone the proposed height is not consistent with the Noosa Plan’s Specific Outcomes for height, as detailed below. Importantly development must meet the Specific Outcomes and compliance with the Probable Solution does not mean that the Specific Outcome is met. In this instance the relevant Specific Outcomes are:
Specific Outcome 08 Height
Buildings and other structures—
are low rise and have a visual bulk and an architectural scale consistent with structures on adjoining or nearby land;
do not visually dominate the street or surrounding spaces;
preserve the amenity of surrounding land;
ensure that development responds to the site topography; and
are well articulated with strong horizontal and vertical design elements to provide an interesting streetscape and to complement landform changes and landscapes.
The proposed development’s key heights from natural ground level are as follows:
Roof Pitch main building to Mary Street – 9.5m
Fascia / Gutter main building to Mary Street – 6.9m
Roof Pitch rear building to properties in Elizabeth Street – 8.7m
Fascia / Gutter rear building to properties in Elizabeth Street – 7.6m
Of particular concern are the maximum roof heights of the pavilions including the 9.5m roof height of the main building facing Mary Street. The development to the east at 18 Mary Street has been developed to a maximum height of 8.4 metres. Properties to the rear of the site in Anne Street are zoned Attached Housing and are permitted to be developed to 8.0 metres in height. The dwelling on the adjoining lot to the west is approximately 6.0 metres in height, though it is noted that this site has not been developed to its full potential. The following image details the subject site in the streetscape.

Buildings further along Mary Street and Thomas Street within the precinct have all been developed at a lesser height than the proposed development to meet the scheme requirements and vision for development in this precinct to be of a domestic form and scale.
It is acknowledged that in order to address the risk from flooding the floor level of the development is required to be raised and in this instance it will be up to 900mm above the natural ground level. Whilst raised floor levels can often result in increased building height the proposed maximum heights are exacerbated by the significant roof pitches, 20 degree minimum, and the substantial floor to ceiling heights. The development proposes a 3.3 metre floor to ceiling height for the lower level and a 2.7 metre floor to ceiling height for the upper level. Due to concerns with the height of the buildings the Information Request included a request for a visual representation of the proposed building situated within the streetscape, including the surrounding buildings. The applicant did not provide a visual representation stating that in their opinion this was not required as the adjoining properties had not been developed to their full potential.
It is recommended that the height of the main building facing Mary Street not exceed 8.80 metres from both finished and natural ground level and the remainder of the development not exceed 8.40 metres in height from both finished and natural ground level. These heights are generally consistent with the height of the adjoining development to the east at 18 – 20 Mary Street and will be more consistent with the streetscape due to the domestic building form and materiality of the development.
Furthermore, the presentation of the pavilion to the rear boundary in conjunction with the significant wall heights is not consistent with the preferred outcomes for the locality. The height to the fascia/gutter of this pavilion is 7.6 metres, with the roof being 8.7 metres.
The following image details the elevation which faces the rear boundary, and adjacent residential properties.

The northern (rear) elevation of the pavilion adjacent to the rear boundary has a length of approximately 30.8 metres. A central section of wall 15.8 metres in length is inset 300mm from walls on either side. These walls are 7.5 metres in length. Further articulation is provided by windows and shutters to each wall. A 300mm eave is provided to that part of the wall which is inset 300mm. The amount of articulation to this elevation is limited. Whilst improved articulation could be provided by the inclusion of additional windows and decks the resultant noise would likely have a detrimental impact on the adjoining properties. As noted earlier in this report it is recommended that a condition be included to reduce the building heights, and in this instance it is also recommended that this pavilion be required to provide further articulation by variation to the colours and materials of the northern elevation. It is also recommended that a condition be included to require screening landscaping within the setback to assist in reducing the bulk of this elevation and screening it to neighbouring properties.
With regards to the front setback the application seeks variation relating to an open sided roof structure above the entrance stairs at Mary Street frontage which is proposed to be setback 4.8 metres in lieu of the required 6 metre setback. This variation is considered reasonable due to the open form of the structure, the minor extent in relation to overall frontage length and the significant extent of the development which is setback beyond the required 6 metres.
The variation to the eastern side is 200mm and relates to the upper and lower eastern elevation of the eastern pavilion. The side wall of the pavilion to the rear of the site otherwise complies. The minor variation is adjacent to a commercial development which is setback 2 metres from the common side boundary. It is considered that the variation will not result in amenity loss. It is recommended that a condition be included to require some separation to the adjoining property with landscaping.
Similarly, the variation to the western side setback relates to the both the upper and lower levels of the western pavilion. The setback is adjacent to an adjoining dwelling which is setback 2.0 metres from the common boundary. No objection has been received from the owners of this property to the reduced setback or the development as a whole. The plans detail that the area between the pavilion and the side boundary can be accessed via openable doors from the lower level units. As the occupation of this area may result in noise impacts on the adjoining residential property Council’s Environmental Health Officer has recommended the acoustic fence be continued for the full extent of this boundary.
The variation to the rear setback is a consequence of a sewerage infrastructure which is located between the front of the northern pavilion and the pool. The following image details the location of the infrastructure:

The applicant has advised that Unitywater did not consent to the construction of buildings over this asset and thus the developable area in this portion of the site is constrained. The resultant 3.985 metre setback in lieu of the required 6 metre setback is considered reasonable as it provides sufficient separation from the adjoining residential properties in Anne Street provided the building height is reduced and landscaping is implemented. The setback area is not proposed to be used for recreational purposes and provides sufficient area for meaningful landscaping to be provided.
Amenity Impacts
The amenity of the surrounding residential properties is a key aspect to be considered when assessing the application. Whilst the site is in the Business Centre Zone it is located within the Mary Street and Thomas Street Precinct. The precinct is intended to provide a graduated transition between business activities and the residential uses of the surrounding area. As such, the Noosa Plan limits the scale of built form and night time use of non-residential uses in this area. Notably, amenity was the primary issue raised in submissions received.
In response to amenity concerns raised in submissions the applicant has advised:
As it gets later in the evening the outdoor areas will close and we will offer a few very straight forward options for guests which include:
Go to bed.
Move into dining area – This area is purposefully designed on the Southern side of the property where the business is located next door. It is as far away from the residential side as possible. When guests are using this area after hours the staff will make sure that all doors and windows are closed to eliminate noise for other guests.
Offer free shuttles and/or buses to Hastings St. In general, this is the preferred option for the guests and staff. It is extremely effective in Sydney. The group departs together and return in small groups of twos and threes which is very easy to manage for overnight staff.
With regards to the café the applicant advises:
The proposal incorporates a small café of 15.88m2. The café is ancillary to the large kitchen facilities provided for guests and is intended to offer light food and beverage options for guests who are utilising the outdoor communal recreational facilities (pool, space sundeck, and sun lounges).
It is intended that the café will operate every day from 7:00AM till 10:00PM. An application to obtain a liquor license (Commercial on Premises Subsidiary – Accommodation) will be applied for in due course and will be subsidiary to the accommodation use. This licence will provide for the entire premises to be licensed to provide for service to guests who are on site.
A management and operational requirement set by Bounce to its guests is that no external alcohol can be consumed onsite in any public areas (pool, kitchen, outside areas). Bounces operational model is one that is mindful of not only adjoining properties but to those guests on site, so the management and control of alcohol consumption is strictly controlled so any perceived impacts are mitigated.
The café is located within the centre of the site and is concealed from the street by the specifically sited pavilions. No external advertising for the café is proposed. The café is sized appropriately to cater to the hostel guests only and no provisions have been made to cater for external demand
An acoustic report has been submitted with the application which assesses the noise impacts associated with the use sun deck/pool area. The methodology involves consideration of the noise generated by 3 groups of 5 persons using this area. The report concludes that the surrounding properties will not be unreasonably impacted by noise from the use. However, Council’s Environmental Health Officer has identified concern with the methodology used for the report. Considering the facility can accommodate up to 122 persons it is considered that the scale of noise generation relied on by the report has been under estimated and does not sufficiently reflect the potential acoustic impacts on surrounding properties. Furthermore, the report does not address noise generation from within the building which contains bedrooms that can accommodate up to 8 guests, communal lounge areas which can accommodate a significant number of people and an open deck situated above the reception area. As such, the conclusions of the report are not agreed with or supported.
Generally, the development has been designed in a manner to address potential amenity impacts. The centrally located sun deck/communal area is surrounded by double storey built form that faces internal to the site which will aid in containing noise. Nevertheless, given the site’s proximity to residential uses and the inadequacy of the acoustic report, it is recommended that conditions be included which limit the hours of the outdoor use area between 7am and 7pm and the use of amplified music.
In accordance with the requirements of the Visitor Accommodation Code common rooms and recreational facilities have been located at least 10 metres from land in residential zone. It is noted that:
a dwelling currently occupies the adjoining property at 12 Mary Street and that the lower level of the adjacent pavilion provides guests access to this area;
the properties adjacent to the northern boundary are zoned Attached Housing and have been developed for residential purposes.
It is important that the amenity of these properties is protected. Accordingly, upon review of the application, Council’s Environmental Health officer has recommended that the acoustic fence be extended for the full length of the western boundary and an acoustic fence be constructed for the full length of the northern boundary. It is recommended that treatment be provided to the building to address noise impacts on the properties adjacent to the western and northern boundaries, including non-openable windows and the use of acoustic double glazing. It is also recommended that conditions be included requiring dense landscaping between the northern elevation of the northern pavilion and the rear boundary. The inclusion of these design features will address the visual and sound impacts emanating from the development.
With regards to the proposed cafe, the cafe is not visible from the street or adjoining properties and is intended for the patrons of the hostel. The hostel also includes a substantial kitchen and dining area for guests to provide for themselves. The hours of operation associated with the cafe are not consistent with the Locality Code which seek that non-residential uses on land adjoining a residential zone do not involve night time use.
In order to protect the amenity of the adjoining residential properties it is recommended that the café’s hours of operation are restricted to between 7.00am and 7.00pm. It is also recommended that a condition be included limiting the use of the café only to persons who are guests of the visitor hostel.
Basement
The proposal includes a basement car park which raises a significant engineering issue as there is potential for the basement to be inundated with runoff and flood waters during significant rain events. The Noosa Plan addresses the issue in:
The Noosaville Locality Code:
Specific Outcome O17 Flooding and drainage
Buildings and other works are designed and sited to—
a) 	provide flood free access to premises and flood free habitable areas;
b) 	allow only minor, short term and infrequent flooding of non-habitable areas;
c) 	ensure carparking areas can be adequately drained;
d) 	ensure drainage does not adversely impact upon other premises; and
e) 	ensure filling or excavation does not adversely impact upon other premises by
i.	 causing ponding on the site or nearby land;
ii. 	increasing flooding, which adversely affects the safety or use of any land upstream and downstream; and
iii. 	adversely affecting the flow of water in any overland flow path.
The Residential Uses Code:
Specific Outcome O8 Basement drainage
Buildings and access works are designed and sited to protect persons and property in the event of a flood and power failure.
The Driveways and Carparking Code
Specific Outcome O21
Carparking areas are designed to ensure drainage without the use of pumps or other electrical apparatus
The Natural Hazards Overlay Code
Development siting and design Specific Outcome O17
Development provides that for all flood events up to and including the defined flood event
a) 	the safety of people on the site is protected;
b) 	the capacity to use land in the flood plain is not adversely affected; and
c) 	the risk of damage to property on the site is avoided or minimised as far as practicable.
Specific Outcome O20
Development does not compromise the safety of people resulting from residual flood risk associated with events that exceed the defined flood event, up to and including the probable maximum flood
Disaster Management O24
Development supports, and does not unduly burden, disaster management response or recovery capacity or capabilities.
Council’s Development Engineer has reviewed the proposed use of a basement car park and advises that the submitted engineering comments/plans indicate that it is not possible to construct an access driveway to the basement that achieves the 1%AEP flood level immunity without significantly impacting on the design due to the road/site levels and the location of the sewer main that crosses the site to the rear of the basement. It is noted that the flooding in the area of the site is essentially backwater (Flood Certificate dated October 2017 indicates velocity of flood waters to be up to 0.5m/sec) and the site is not affected by wave and wind action compared to a site on the river front.
To address the potential for flood water entering the basement the applicant proposes to install an automatic flood barrier across the basement access driveway. The type proposed is a flood barrier that uses the rising flood levels and the associated hydraulic differential to activate the barrier and raise it into position. The type of barrier proposed does not require power or human intervention to raise or lower the barrier.
It is considered that the barrier proposed does achieve:
The Noosaville Locality Code - Specific Outcome O17 (a) and (b)
The Residential Uses Code - Specific Outcome O8
The Natural Hazards Overlay Code – Specific Outcomes O17(a), (b) and (c) and O20
The proposal also includes a grated drain and storage tank at the base of the driveway to collect runoff from rain that falls on the driveway. The proposal is to pump from the storage tank up to the Mary Street road formation. The proposal does not include a backup power source for the pump. The submitted engineering comment indicates that there is potential in the event of a prolonged power failure for the basement floor area to be inundated to provide extra storage. For example if 500mm of rain was to fall during a power failure the basement floor would have a depth of 53mm.
It is noted that other uses are proposed at the basement level (lift, communal laundry and storage/data/comms). These areas may be inundated should the pump system not function.
It is recommended that conditions be included for the storage tank to have the capacity to cater for the runoff from a 1%AEP event on the driveway and to include a backup power source for the pump.
The proposed development does not include a stairwell from the basement to the upper floor. There is concern that, should the barrier and pump system fail during a significant rain event, any person in the basement will be trapped putting their life at risk. It is recommended that an internal stairwell connecting the basement to the upper level be provided. It is considered that the inclusion of the stairwell would address these concerns and achieve compliance with The Residential Uses Code - Specific Outcome O8 and The Natural Hazards Overlay Code - Specific Outcome O17 (a) and (c).
Overlays
The Natural Hazard Overlay applies to the site, Flood Hazard and Acid Sulfate Soils. The issues relating to flooding have been addressed in the ‘Basement’ section of this report. The recommendation includes relevant conditions to address acid sulfate soils.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Code	Discussion
Visitor Accommodation Code	The proposed development is generally in accordance with the code, while the following further comments are made in regard to the compliance with the Overall and Specific Outcomes: The indoor common areas and recreational facilities of the visitor hostel are located on both the ground floor and upper level of the eastern and western pavilions. Although these areas are within 10m of the adjoining properties each property is within the Business Zone. Conditions are recommended for the applicant to increase the length of the acoustic fence adjacent to the residential use on the adjoining property to the west, include dense landscaping between the northern pavilion and the rear boundary and for double-glazing (or equivalent sound suppressant construction) be included along the windows of this elevation. The inclusion of these design features will minimise the visual and sound impacts emanating from the development. Conditions are recommended to control noise emanating from the visitor hostel by way of mechanical equipment and/or guests. In addition, a condition restricting the use of amplified music on-site is to be applied. A condition is recommended addressing potential overlooking to the adjoining properties.
Driveways & carparking Code	The applicant has provided carparking which complies with the Probable Solution of the code for the use of 122 guests and 3 staff members. The proposal plans also provide for 20 bicycle parking spaces. Shower facilities are provided on site which can be accessed by staff.
cONSULTATION
Referral Agencies
The application did not require referral to any Referral Agencies:
Other Referrals
The application was forwarded to the following internal Council officers:
Coordinator, Operational Works
Environmental Health
Waste Services
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. 5 properly made submissions were received. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
Location of the site is opposite Villa Noosa and Dan Murphy’s which will encourage visitors to consume alcohol which is not a good idea	Not a planning related matter. However, most hostels in an urban environment will be within proximity of a liquor outlet. The behaviour of guests will be managed by the on-site manager whilst recommended conditions address amenity.
Vehicle noise associated with guest arrival will be excessive at night.	The access to the car park is provided from Mary Street and situated a substantial distance from the residential zoned land to the rear of the site. As the car park is a basement car park noise emanating from persons in the car park will be limited.
The hostel will result in excessive noise in a quiet area. Air-conditioning units will result in noise Parties and entertainment functions will result in noise	The amenity of the surrounding area is an important consideration and it is noted that the design of the development generally assists in mitigating noise impacts. The recommendation includes conditions to further protect the amenity of the area. These include: Limitation on the use of the café and outside areas to guests of the visitor hostel; Limitation on the hours the outside areas and café can be used; Limitation on the emission of noise associated with amplified music, Acoustic double glazing to windows, Screening vegetation Acoustic fencing
There are existing backpackers and there is no need for a backpackers in this area.	The site was identified at the inception of the Noosa Plan as being suitable for the use of Visitor Accommodation Type 4 Conventional (Hostel) and provisions were specifically included within the plan referring to the location. The Noosa Plan also underwent extensive public consultation prior to adoption. The visitor hostel use is a consistent use for the site and will provide low cost visitor accommodation to support Noosa’s tourism industry.
Insufficient car parking Existing car parking problems in the area	The proposal complies with the car parking requirements of the Noosa Plan. Existing car parking concerns within the area are not a result of the proposed development.
Reduced setback and excessive bulk of the northern elevation will be visually obtrusive and block cooling winds.	It is noted that the bulk attributed to the northern elevation may impact on the visual amenity of the adjoining     properties     in    Anne    Street.    The recommendation     includes     conditions     which reduce the building height, require the provision of 600mm   eaves   and   the   installation   of   screen planting   between   the   pavilion   and   the   rear boundary.
conclusion & REASONS FOR DECISION
The application is for use of 14-16 Mary Street for Visitor Accommodation Type 4 - Conventional (visitor hostel). The use is identified within The Noosa Plan as a consistent use for the site. The application seeks to develop 4 pavilions which are of a domestic appearance but considered excessive in height and it is recommended the building heights be reduced. A basement car park is proposed in an area which is subject to flooding. The applicant proposes a non-mechanical barrier to stop flooding of the basement. This has been reviewed by Council’s Development Engineer and accordingly the basement is supported subject to conditions.
The impact of the proposed use on the amenity of the surrounding area forms an important part of the assessment. As a result of the form of the development, where the 4 pavilions are situated around the central communal area, and proposed conditions it is considered that the use can operate whilst preserving the amenity of the surrounding area.
The application does not raise any other significant planning, engineering, building or health issues and is recommended for approval, subject to conditions.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
		x	Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	6 NOVEMBER 2018

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