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MCU10/2083 Development Application part 2 - Attachment 1 - Town Planning Report & Code Assessment_FINAL_291010
kha
DEVELOPMENT
M A N A G E R S
TOWN PLANNING REPORT
PL A N N I N G | S U R V E Y I N G | P R O J E C T M ANAGEMENT | COURT APPEALS
Sunshine Coast Suite 1, Corner Surf Road & Gardak St Alexandra Headland Qld 4572
PO Box 6380, Maroochydore BC Qld 4558
p | 07 5443 2844 f | 07 5443 7146 w | www.kenhicks.com.au
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407 TABLE OF CONTENTS 1.0 Executive Summary ................................................................................................................. 2 2.0 Introduction ............................................................................................................................ 3 3.0 Site Description ....................................................................................................................... 4 3.1 Subject Site ......................................................................................................................... 4 3.2 Surrounding Land Uses ........................................................................................................ 5 4.0 Proposal ................................................................................................................................. 8 5.0 Supporting Documentation .................................................................................................... 11 5.1 Proposal Plans ................................................................................................................... 11 5.2 Architectural Design Report and Statement of Landscape Intent ........................................... 11 5.3 Economic Impact and Need Assessment Report ................................................................... 11 5.4 Traffic and Transport Assessment Report ............................................................................ 11 5.5 Noise Impact Assessment Report ........................................................................................ 11 5.6 Stormwater Management Plan ............................................................................................ 12 5.7 Civil Infrastructure Report .................................................................................................. 12 6.0 Planning Assessment ............................................................................................................. 13 6.1 South East Queensland Regional Plan ................................................................................. 13 6.3 The Noosa Plan ................................................................................................................. 13 6.3.1 Land Use Definition ......................................................................................................... 14 6.3.2 Level of Assessment........................................................................................................ 14 6.3.3 Applicable Overlays ......................................................................................................... 14 6.3.4 Desired Environmental Outcomes .................................................................................... 15 6.3.5 Overall Outcomes for the Noosaville Locality..................................................................... 16 6.3.6 Applicable Codes............................................................................................................. 18 6.4 Town Planning Grounds ..................................................................................................... 18 7.0 Conclusion ............................................................................................................................ 22 ATTACHMENTS Attachment 1 – Noosa Plan Code Assessment prepared by KHA Development Managers Attachment 2 – Architectural Plans prepared Donovan Hill Attachment 3 – Architectural Design Report and Statement of Landscape Intent Attachment 4 – Economic Impact and Need Assessment Report prepared by Foresight Partners Attachment 5 – Traffic and Transport Assessment Report prepared by Halcrow Attachment 6 – Noise Impact Assessment Report prepared by TTM Consulting Attachment 7 – Stormwater Management Plan prepared by JF&P Engineering Attachment 8 – Civil Infrastructure Report prepared by JF&P Engineering DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – CONVENIENCE CENTRE PAGE 1 37 GIBSON ROAD, NOOSAVILLE LOT 1 RP 802167
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407
1.0 EXECUTIVE SUMMARY
SITE DETAILS
Address 37 Gibson Road, Noosaville
Property Description Lot 1 on RP802167
Area 3,860m2
Local Authority Sunshine Coast Regional Council
Current Use Nursery
Delia McAulay, Gary A McAulay, Janet F Rough, Donna M Trask,
Registered Owners
Gail M McAulay
SOUTH EAST QUEENSLAND REGIONAL PLAN
Land Use Designation Urban Footprint
PLANNING SCHEME DESIGNATIONS
Planning Scheme The Noosa Plan 2006
Locality Noosaville
Zone Attached Housing
Flood Hazard Area
Overlays
High Potential Acid Sulfate Area
APPLICATION DETAILS
Applicant Marquette Bowen Pty Ltd C/- KHA Development Managers
Convenience Centre – Retail business Type 2 Shop & salon; Entertainment
Proposal and dining business Type 1 Food & beverages; and Commercial business
Type 1 Office
Application Type Development Permit for Material Change of Use
Level of Assessment Impact Assessable
Applicable Codes Noosaville Locality Code
Business Uses Code
Landscaping Code
Engineering Works Codes
Driveways and Carparking Code
Transport, Roads and Drainage Code
Erosion and Sediment Control Code
Existing Services Code
Earthworks Code
Waste Management Code
Referral Agencies Nil
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407 2.0 INTRODUCTION This Town Planning report has been prepared by KHA Development Managers to accompany a Development Application made by Marquette Bowen Pty Ltd. The subject site is within the boundaries of the Sunshine Coast Regional Council and is assessable against the Noosa Plan. The application seeks a Material Change of Use for a Convenience Centre comprising Retail business Type 2 Shop & salon; Entertainment and dining business Type 1 Food & beverages; and Commercial business Type 1 Office on land situated at 37 Gibson Road, Noosaville, described as Lot 1 on RP802167. The property is situated within the Noosaville Locality (Zone Map ZM8), and is zoned as Attached Housing under The Noosa Plan. The proposed development is subject to Impact Assessment. The purpose of this report is to describe the characteristics of the subject site and surrounding land uses, detail the proposed development, and address all relevant town planning issues in respect to the proposal. The application includes an assessment of the South East Queensland Regional Plan and The Noosa Plan. This report should be read in conjunction with: KHA covering letter; IDAS Development Application forms; Proposal Plans prepared by Donovan Hill; KHA Code assessment; Architectural Design Report prepared by Donovan Hill; Statement of Landscape Intent prepared by Cardno Splat; Economic Impact and Needs Assessment Report prepared by Foresight Partners; Traffic and Transport Assessment prepared by Halcrow; Noise Impact Assessment prepared by TTM Acoustics; Stormwater Management Plan prepared by JF&P Engineering; and Civil Infrastructure Report prepared by JF&P Engineering. DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – CONVENIENCE CENTRE PAGE 3 37 GIBSON ROAD, NOOSAVILLE LOT 1 RP 802167
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407 3.0 SITE DESCRIPTION 3.1 SUBJECT SITE The subject site is situated at 37 Gibson Road, Noosaville and described as Lot 1 on RP802167. The site has frontage to Gibson Road and Skipper Place and comprises an area of 3,860m2. The current use of the site is a nursery, with a carparking area at the Gibson Road frontage and buildings to the rear of the site (built to the boundary) with adjoining residential uses. The nursery use area occupies about two-thirds of the site with about 500m2 building area. The site is flat with a slight grade from the southern to northern boundary. The site is within an established urban area with available connection to existing physical infrastructure networks including telecommunications, water, sewer and electricity. The location and context of the subject site in Noosaville is illustrated in Figures 1 - 4. Figure 1 - Subject site (in red) (www.nearmap.com.au) DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – CONVENIENCE CENTRE PAGE 4 37 GIBSON ROAD, NOOSAVILLE LOT 1 RP 802167
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407
3.2 SURROUNDING LAND USES
The subject site is currently used and has historically been used, for commercial purposes. The site‘s
primary frontage to Gibson Road is part of the major road network for Noosa. The site adjoins the
business and tourist centre core of Noosaville. The character along Gibson Road fronting the site and
to the north-east is commercial in nature.
Opposite the site to the north, along Thomas Street are office/medical uses which progress into the
more tourist oriented retail and food uses toward the Noosa River. Diagonally opposite the site to the
north-east is the Noosa Homemaker Centre, which adjoins the Villa Noosa Hotel and Noosa Village
Shopping Centre. Adjoining the site to the south and west are medium density residential uses, with
low density residential on the opposite side of Skipper Place to the east and south-east.
The commercial uses in the adjacent Business Centre precinct are considered higher-order
commercial and service a wide catchment. It is noted that the proposed commercial use is intended
for a local scale.
SUBJECT SITE
Figure 2 - Subject site‘s location within Noosaville locality (www.google.com.au/maps)
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407
SUBJECT SITE
Figure 3 – Aerial view of subject site‘s location within the locality (www.sunshinecoast.qld.gov.au)
MEDIUM DENSITY RESIDENTIAL
RETAIL
MEDIUM OFFICE/MEDICAL
DENSITY
RESIDENTIAL
SHOWROOMS/
OFFICES HOMEMAKER
CENTRE SHOPPING
CENTRE
HOTEL
LOW/MEDIUM
SUBJECT SITE DENSITY
RESIDENTIAL
MEDIUM SHOWROOMS
DENSITY LOW DENSITY
RESIDENTIAL RESIDENTIAL
Figure 4 – Land use map of immediate locality (www.sunshinecoast.qld.gov.au)
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407 Photograph 1 current entrance to the nursery from Gibson Photograph 2 subject site viewed from Gibson Road Road roundabout Photograph 3 existing bikeways and footpaths at Gibson Photograph 4 existing pedestrian crossover at Skipper Place Road roundabout adjacent to site Photograph 5 commercial development diagonally opposite Photograph 6 existing pedestrian crossing on Gibson Road Gibson Road roundabout DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – CONVENIENCE CENTRE PAGE 7 37 GIBSON ROAD, NOOSAVILLE LOT 1 RP 802167
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407 4.0 PROPOSAL The proposal is for a Convenience Centre in accordance with the Proposal Plans prepared by Donovan Hill, included in Attachment 1. The application seeks a Development Permit for Material Change of Use to for Retail Business Type 2 Shop and Salon; Entertainment and Dining Business Type 1 Food and Beverages; and Commercial Business Type 1 Office. The development will establish a Convenience Centre with a mix of commercial uses including a variety of food outlets, cafes, bakery, delicatessen, general store and a bank. A total of eight (8) tenancies are proposed, ranging in area from 73m² to 165m², with a total use area of 1,013m2. Indicative tenancy use is tenancy 1 and deck – cafe, tenancy 2 – bakery, tenancy 3 general store, tenancy 4 – bank, tenancies 5 to 7 – food outlets, and tenancy 8 and deck – food outlet, although it is intended that the use mix be flexible and not specific to any particular tenancy. For the purposes of application fee determination the proposed uses have been allocated as: Retail Business Type 2 Shop and Tenancies 1 - 3 & 5 - 8 804m2 Salon Entertainment and Dining Business Tenancies 1 & 8 Decks 98m2 Type 1 Food and Beverages Commercial Business Type 1 Office Tenancy 4 111m2 The convenience centre will operate 7 days a week. While it is proposed to allow the general store the option to operate 24 hours per day, the other shops and food outlets will not open outside the hours of 6am to 10pm. Background The purpose of the application is to replace the existing commercial use (Nursery) and establish a convenience centre that will service the local community. This proposal is in response to an identified deficiency in convenience retail facilities in Noosaville and the need for local facilities that have extended hours of operation to serve the local resident and visitor population and provide a greater choice of shops and food services. It is anticipated that the development will ultimately create somewhere in the vicinity of 40 - 50 permanent jobs and numerous additional temporary jobs (construction, and ongoing maintenance, body corporate etc). Site Layout and Built Form The design intent is detailed in the Architectural Design Report prepared by Donovan Hill Architects, included in Attachment 3. In summary, a single storey commercial development is proposed that includes eight (8) tenancies, carparking and associated facilities. The building is sited to the rear of the property to buffer the adjoining residential and create a legible built form and carparking area easily visible and accessible from the street frontage, set amount existing and proposed landscape. The building is sited to maintain a presence to the street front with the majority of the building setback so as to not dominate the street edge. The layout provides the optimal buffering to the adjoining residential uses; a clearly visible, accessible and user friendly centre for customers; and optimal causal surveillance opportunities to the street frontages. DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – CONVENIENCE CENTRE PAGE 8 37 GIBSON ROAD, NOOSAVILLE LOT 1 RP 802167
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407 A distinctive, architecturally designed built form is proposed which includes a highly articulated and pitched roof form that relates to surrounding residential building forms with a materials and colour selection that will associate with domestic architecture of the locality. The building materials will include precast concrete with infill fibrous cement panels, painted fibrous cement facades and bulkheads, glazed shopfronts with coloured frames, and colourbond metal deck roofing. Movement Networks Vehicular – the existing nursery achieves a dual access from both Gibson Road and Skipper Place. (although the Skipper Place driveway is not open to the public). This dual frontage access arrangement will be largely maintained, although the Gibson Road entrance will be moved slightly west and reinstated as a ‗Left-in Left-out‘ only arrangement. Internal manoeuvring and carparking arrangements will be designed to be compliant to relevant Australian standards. Cycle – the development makes an active commitment to encourage cycling trips which includes three separate bicycle parking facilities, lockers and showers. Pedestrian – A full width pathway exists to Gibson Road. Internally, a covered awning facilitates pedestrian movement along all shop frontages and dedicated pedestrian entrances to the site are provided to both street frontages. Carparking A total of sixty-seven (67) car parks are provided, which includes two disabled spaces and two van spaces. A dedicated set down for an MRV is also provided to facilitate servicing and deliveries. The carparking area is screened with landscaping and includes alternated coloured graphics to provide visual relief to the hardstand area. Carparking and access is addressed in detail in the Traffic and Transport Assessment Report prepared by Halcrow include in Attachment 5. Landscaping A total of 917m² or 23.7% of the site will comprise landscaped area, with 380m2 (9.8%) as soft landscaping, 147m2 (3.8%) as landscaped bio-retention/rain garden area and 390m 2 (10.1%) as hardscape. Landscaping is proposed to all site boundaries. Further details of landscaped is provided in the Statement of Landscape Intent prepared by Cardno Splat included in Attachment 3, together with landscaping layouts and cross sections shown on the Proposal Plans in Attachment 2. Stormwater Stormwater will be collected and treated on-site and discharged into a legal point of discharge. The stormwater treatment system will include underground rainwater water holding tanks, bio-retention trenches and raingardens. A detailed Stormwater Management Plan prepared by JF&P Engineering is included in Attachment 7. Waste Waste will be stored in a dedicated refuse room and a genuine commitment has been made to recycling, with provisions for paper, other recyclables, general waste and a cool room for organic waste. This enclosed waste storage room will ensure environmental, visual and noise impacts do not result. There is a dedicated bin wash area adjacent to the refuse room. Waste will be collected on-site and will be arranged by the on-site manager so bins are only removed from the waste storage area immediately before collection; and returned immediately after. DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – CONVENIENCE CENTRE PAGE 9 37 GIBSON ROAD, NOOSAVILLE LOT 1 RP 802167
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407
A summary of development statistics is as follows:
Specification Noosa Plan 2000 Proposed
Site Area N/A 3,860m²
Site cover Max. 40% 1415m2 (36.6%)
Gross Floor Area (GFA) Max. 40% 1,087m² (28.1%)
Carparking 67 spaces 67 spaces (including 2x disabled and 2x
van spaces). 1x temporary MRV space
Landscaping Min. 10% 917m² (23.7%)
Building height Max. 2 storeys/8m 1 storey/ 8m
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407 5.0 SUPPORTING DOCUMENTATION 5.1 PROPOSAL PLANS Proposal Plans have been prepared by Donavan Hill and included in Attachment 2. The Proposal Plans include a site plan, floor plan, roof plan, elevations/sections, 3D perspectives and landscaping cross sections. A calculations plan showing Gross Floor Area (GFA), site cover, use area, landscaping breakdowns and amenities is also included. 5.2 ARCHITECTURAL DESIGN REPORT AND STATEMENT OF LANDSCAPE INTENT An Architectural Design Report prepared by Donovan Hill and Statement of Landscape Intent prepared by Cardno Splat is included in Attachment 3. These documents provide an overview of design rationale, response to site characteristics and locale, and building and landscape character outcomes. 5.3 ECONOMIC IMPACT AND NEED ASSESSMENT REPORT An Economic Impact and Need Assessment Report has been prepared by Foresight Partners and included as Attachment 4. This report considers the existing retail network; market fundamentals; centre performance; impacts and need. The report concludes that there is a community and planning need for the development; that the proposal will create a benefit to the community; that the proposal will ensure the provision of appropriate facilities to meet community needs for basic requirements; and that the convenience centre is not expected to jeopardise the vitality or viability, or threaten the functional roles and levels of service, competitive centres provide to the community. 5.4 TRAFFIC AND TRANSPORT ASSESSMENT REPORT A Traffic and Transport Assessment Report has been prepared by Halcrow and included in Attachment 5. The report assesses the traffic and transport elements applicable to the development. The report concludes that the internal carparking, access, waste collection and service vehicle arrangement are suitable from a Traffic Engineering perspective. The report also concludes that the proposed development will not create any adverse impact on the surrounding road network. 5.5 NOISE IMPACT ASSESSMENT REPORT An Environmental Noise Impact Assessment has been prepared by TTM Acoustics and is included in Attachment 6. The report makes recommendations for establishing an acoustic barrier along parts of the southern and western boundaries, and management principles such as limiting deliveries and waste collection to specific periods. The report concludes that provided the treatment recommendations and management controls are implemented the development will comply with Council noise assessment criteria. DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – CONVENIENCE CENTRE PAGE 11 37 GIBSON ROAD, NOOSAVILLE LOT 1 RP 802167
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407 5.6 STORMWATER MANAGEMENT PLAN A Site Based Stormwater Management Plan has been prepared by JF&P Engineering and is included in Attachment 7. The Report recommends an appropriate management and treatment system for the development and demonstrates that there will be no net increase in peak Stormwater Flows as a result of the development. The arrangement proposed will also significantly reduce the amount of runoff pollutants post-development to Gibson Road and Skipper Place compared with the existing arrangement. 5.7 CIVIL INFRASTRUCTURE REPORT A Civil Infrastructure Report has been prepared by JF&P Engineering and is included in Attachment 8. The report confirms that the site is able to connect to all required infrastructure (including water, sewer, telecommunications, transport networks, waste, electricity etc.). DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – CONVENIENCE CENTRE PAGE 12 37 GIBSON ROAD, NOOSAVILLE LOT 1 RP 802167
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407
6.0 PLANNING ASSESSMENT
6.1 SOUTH EAST QUEENSLAND REGIONAL PLAN (SEQRP)
Figure 3: South East Queensland Regional Plan 2009 – 2031 Land Use Designation (Department of Infrastructure and Planning)
Comment: The subject site is identified under the South East Queensland Regional Plan 2009 - 2031
as being in the Urban Footprint. Assessment of the applicable provisions of the Regional Plan
indicates that the proposed development is an appropriate scale and density for the site.
The development provides convenience centre use in response to an identified economic and
community need and will ultimately contribute to addressing the Regional Plan‘s intention for the
provision of goods, services and employment throughout South East Queensland.
6.3 THE NOOSA PLAN
Under The Noosa Plan, the site is included in the Attached Housing Zone in the Noosaville Locality, as
identified in Zone Map ZM8.
SUBJECT SITE
Figure 4: Extract from the Noosaville Locality (Zone Map ZM8) (The Noosa Plan)
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407
An assessment of the applicable provisions of The Noosa Plan has been undertaken in the following
sections of this Town Planning Report.
6.3.1 LAND USE DEFINITION
The proposal is defined under The Noosa Plan as follows:
Retail Business
Retail business means the conduct of a business activity, where goods or services are displayed or
offered for sale to the public. The term includes the following types:
Type 2 - Shop and Salon
The use of premises for an activity that is generally found in a shopping complex, strip or
centre. The use includes a shop, hairdressing salon, appliance repairs, alterations, dry
cleaning and a café with dining facilities for up to 10 people.
Entertaining and Dining Business
Entertainment and dining business means the conduct of a business activity, where entertainment,
amusement, recreation or meals are afforded. The term includes the following types:
Type 1 - Food & Beverages
The use of premises involving the sale of food and beverages for consumption on the
premises. The use class includes a function room or restaurant or café with dining facilities
for 10 or more people.
Commercial Business
Commercial business means the conduct of a business activity, where a service is offered or provided
and that service is not more clearly defined by other business or community uses. The term includes
the following types:
Type 1 - Office
The use of premises for a commercial business conducted in an office environment. The use
includes a bank, professional office, travel agent, and estate sales office.
Comment: the proposed convenience centre will operate under the abovementioned definitions.
6.3.2 LEVEL OF ASSESSMENT
Under the table of assessment for Material Change of Use in the Attached Housing Zone within the
Noosaville Locality, development for the purposes of Retail Business Type 2 Shop and Salon;
Entertainment and Dining Business Type 1 Food and Beverages; and Commercial Business Type 1
Office is identified as subject to Impact Assessment.
6.3.3 APPLICABLE OVERLAYS
Overlays recognise a wide range of environmental features and values across localities and zone
boundaries and need to be given particular consideration in preparing and assessing development
proposals.
The level of assessment varies depending on the type of overlay, the impact of the use on the overlay
and whether the impacts of the proposal on the overlay have been considered as part of a prior
application. The subject site is located within a Flood Hazard Area and High Potential Acid Sulfate
Soils Area (0-5m AHD) as detailed below:
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407
Overlays Comment
Flood Hazard Area The site is affected in part by the Flood
Hazard Area Overlay.
The proposal represents infill brownfield
development and is surrounded by
existing, established sites also affected by
the overlay. It is anticipated that any
minimum floor levels will be conditioned
by Council to ensure adequate flood
immunity is achieved.
Acid Sulfate Area The site is affected by the Acid Sulfate
Area Overlay.
No significant excavation or filling is
required or proposed, and this overlay
will not affect the development.
Standard conditions relating to acid
sulphate soils can be imposed.
6.3.4 DESIRED ENVIRONMENTAL OUTCOMES
Section 3.1 of the Planning Scheme outlines desired environmental outcomes to be achieved by
development of land within Noosa. Specifically the commercial and retail outcomes are:
COMMERCIAL & RETAIL USES
A hierarchy of centres with a range of Commercial and Retail business uses provide suitable
levels of amenity, service and access to the community, consistent with the community‘s location and
needs and is based on—
i. a proportion of Noosa‘s higher order needs fulfilled by centres in other areas, particularly the
key regional centre of Maroochydore;
ii. the Shire Business Centre, a Major Activity Centre for the purposes of the SEQ Regional Plan
and the highest order centre within the former Noosa Shire, developed in stages consistent
with the needs of the population of the former Noosa Shire and areas to the immediate
south;
iii. protecting the long term viability of the Shire Business Centre as the principle business, retail
and administrative centre;
iv. recognising that it may be necessary to increase floor space in existing centres to meet
changing needs, provided any increased floor space does not impact on the successful
operation and development of the Shire Business Centre;
v. business centres at Cooroy, Noosa Junction, Noosaville and Tewantin;
vi. neighbourhood or visitor centres at Peregian Beach, Sunrise Beach, Sunshine Beach, Noosa
Heads, Noosaville, Tewantin, Cooroibah and Teewah;
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vii. the town of Pomona and the village centres of Kin Kin, Boreen Point and Cooran;
viii. Uses that comprise a large component of Commercial and Retail business uses or other
non-industrial uses are not located on land that is otherwise intended for Industrial
business uses;
ix. Home-based business uses that contribute to the economy of Noosa, but do not reduce
surrounding residential amenity or environmental values; and
x. energy efficiency and water conservation principles.
Comment: The Desired Environmental Outcomes (DEO‘s) nominated for Commercial and Retail Uses
broadly nominate the importance of protecting the continued function of the existing established
centres in the former Noosa Shire area.
The proposal represents the redevelopment of an existing commercial site on the periphery of an
established commercial centre. This established centre generally supports higher level uses that
appeal to the wider Noosa catchment, while the proposed commercial tenancies support local scale
uses to be accessible predominantly to the immediate locality. A lot of these small scale uses will
compliment the existing and continued function of the Business Centre as a higher order commercial
provider.
The Economic Impact and Need Assessment prepared by Foresight and included in Attachment 4
concludes that there is a community and planning need for the development; that the proposal will
create a benefit to the community; that the proposal will ensure the provision of appropriate facilities
to meet community needs for basic requirements; and that the convenience centre is not expected to
jeopardise the vitality or viability, or threaten the functional roles and levels of service, competitive
centres provide to the community.
The proposed development is compliant with the applicable desired environmental outcomes for
commercial and retail uses.
6.3.5 OVERALL OUTCOMES FOR THE NOOSAVILLE LOCALITY
An assessment of the proposal against the overall outcomes sought for the Noosaville Locality
contained in section 11.8.2 is as follows:
Outcome Comment
a) New uses and works are located, designed and Complies – the use and associated works are a
managed to— compatible scale and nature to adjoining uses. An
i be compatible with other uses and works; acoustic assessment (refer Attachment 6) makes
ii maintain the safety of people and works; recommendations to mitigate any edge effects
iii avoid significant adverse impacts on the amenity associated with noise.
enjoyed by users of other premises, including acoustic
and visual qualities; and There are no significant habitats on the site. All mature
iv avoid significant adverse effects on the natural vegetation will be preserved where possible.
environment, including native habitat removal,
fragmentation and attrition;
b) Noosaville retains its role as a focus for visitor Complies – the proposal supports the ongoing
accommodation and services in the Shire; function of Noosaville as a focus for visitor
accommodation and services in the (former) Shire
c) Attached accommodation is focussed on the areas Not Applicable – the proposal is not for attached
closest to the Noosaville Business Centre, in areas with accommodation.
good public transport facilities and in areas with ready
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407
access to the recreation features of the locality;
d) Urban detached housing is contained to the Not Applicable – no urban detached housing is
Detached Housing, Semi-Attached Housing & Attached proposed.
Housing Zones;
e) The resident population is accommodated in both Not Applicable – The site is currently used for
Detached housing and Multiple housing forms with commercial purposes and no residential component is
high levels of residential amenity; proposed as part of the subject application.
f) Substantial sites are protected for resort Not Applicable – the location and site area (3,860n²)
developments where they focus on Noosa‘s natural low of the site are not considered to support any type of
key outdoor appeal and cultural values; resort development.
g) The mixed urban character of Noosaville is Complies – The existing buildings on the site are not
maintained through the retention of older building of any notable architectural character. The built form
forms and the introduction of new buildings that proposed represents a low rise, well articulated built
complement old building forms by incorporating low form that reflects a Coastal architectural vernacular.
rise, low scale, well articulated buildings, lightweight
building materials and pitched roof forms that
contribute to the skyline;
h) Significant retail and commercial uses provide Complies – The proposal fulfills an identified need for
residents and visitors with a range of low to high order lower order services in the immediate locality.
goods and services;
i) Business centres are significant employment nodes Not Applicable – the proposed development is not
and are serviced by public transport; located in a business centre, but is approximately
500m walking distance from public transport
regardless.
j) A public open space corridor extends along the Not Applicable – the subject site is not in proximity
foreshores of the Noosa River from Munna Point to to the foreshores of the Noosa River.
Hilton Esplanade;
k) Areas of native remnant or regrowth vegetation, Not Applicable – the site does not contain any
including their biodiversity and habitat values are significant environmental attributes.
protected and retained in their natural state;
l) The environmental and aesthetic values of Noosa Not Applicable – the subject site represents infill
National Park, Keyser Island and Weyba Creek brownfield development and is not in proximity to any
Conservation Parks; Noosa River and its foreshore; environmental parks or creeks.
Lakes Doonella and Weyba; Eenie and Weyba Creeks
and their associated riparian communities are of the
highest significance and have the highest order of
protection;
m) Gibson Road, part of Mary Street, Noosa Parade, Complies – the proposed development will not impact
Reef Street, Weyba Road, Walter Hay Drive, Eenie the function of Gibson Road as part of the major toad
Creek Road, Beckmans Road and Eumundi-Noosa Road network.
are protected as parts of the Noosa‘s major road
network;
n) The function, safety and visual amenity of the Complies – existing access arrangements are largely
Noosa‘s major road network are protected; maintained with some minor locational changes. The
function, safety and visual amenity of Gibson Road will
not be adversely impacted.
o) The Noosa Airport off Weyba Drive, Noosaville is Not Applicable – the proposed development does not
retained and operated as the only commercial airport affect the Noosa Airport.
within Noosa;
Comment: The proposed development form is compliant with the applicable overall outcomes for the
Noosaville Locality.
DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – CONVENIENCE CENTRE PAGE 17
37 GIBSON ROAD, NOOSAVILLE
LOT 1 RP 802167
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407
6.3.6 APPLICABLE CODES
The proposed development is Impact Assessable and is subject to the following primary codes:
Noosaville Locality Code
Business Uses Code
Landscaping Code
Engineering Works Codes
Driveways and Carparking Code
Transport, Roads and Drainage Code
Erosion and Sediment Control Code
Existing Services Code
Earthworks Code
Waste Management Code
An assessment of the applicable codes has been undertaken by KHA Development Managers and
included in Attachment 1. This code assessment has determined that the proposal generally complies
with all probable solutions and specific outcomes. Where probable solutions are not met, an
alternative solution demonstrating compliance with the specific outcome is provided, with the
exception of specific outcomes O43 and O44 of table 11.16 of the Noosaville Locality Code, which
identify the proposal as an inconsistent use.
Sufficient grounds to justify the proposal, despite this conflict are detailed in section 6.4 of the report
below.
6.4 TOWN PLANNING GROUNDS
In accordance with section 326 (1) (b) of the Sustainable Planning Act the assessment managers
decision must not conflict with a relevant instrument unless there are sufficient grounds to justify the
decision, despite the conflict.
Grounds are defined in schedule 3 of the Act as:
grounds, for sections 326(1)(b) and 329(1)(b)—
1 Grounds means matters of public interest.
2 Grounds does not include the personal circumstances of an applicant, owner or interested party.
As demonstrated by the assessment against the Noosa Plan above, the only conflict with a relevant
instrument is specific outcomes O43 and O44 of table 11.16 of the Noosaville Locality Code. These
specific outcomes identify the proposal as an inconsistent use. In this regard the following provides
sufficient planning grounds to warrant approval of the application despite the conflict.
It has been well established by the Planning and Environment Court that demonstration of ‗need‘ is a
sufficient planning ground and a matter of public interest. Need, in planning terms, was described by
Skoien DCJ in Harburg Investments Pty Ltd v Brisbane City Council & Anor 1 as:
―Need does not mean pressing need, critical need, widespread desire or anything of that nature
rather, a thing is needed if it its provision taking all things into account would improve the physical
1
[2001] QPELR 313 at 317
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407
well-being of the community and need in planning terms is a relative concept and does not connote
pressing urgency but rather relates to the general well-being of the community, a use will be needed
if it would, on balance improve the service and facilities included in the locality.‖
Need, in a planning sense is therefore something that improves the convenience and quality of life for
the community including greater choice and competition. Accordingly, there is a community need for
a proposal if the circumstances are such that the convenience and quality of life for the community
can be improved through, for example, improving the level of services in facilities available to that
community.
We refer to the attached Economic Impact and Need Assessment Report prepared by Foresight
Partners. This report considers the existing retail network; market fundamentals; centre
performance; impacts and need.
This report provides the following findings and conclusions:
Our market investigations indicate that the proposed convenience centre can be supported at the
subject site at 2013. Notwithstanding the planning scheme provisions, the market size and
characteristics indicate that there is significant demand for this facility particularly in light of the
existing undersupply of convenience retail facilities in the Noosaville area. …
The need for the proposal is indicated by the following:
The local area has a substantial number of residents and visitors:
o The resident population within the main trade area is currently estimated at 4,700 persons of
whom 3,600 reside in the primary trade area – that is within one kilometre from the subject
site.
o Within the defined catchment, there are a total of 40 visitor accommodation establishments
collectively comprising over 1,000 rooms. This area attracts an estimated 123,000 overnight
visitors and 442,800 visitor nights annually.
o Within a 500 metre radius of the subject site, there are 10 visitor accommodation
establishments with a total of 305 rooms. Thus, accommodation units within the immediate
vicinity of the subject site generate an estimated 133,200 visitor nights annually.
o The trade area market is forecast to continue to grow. Expenditure potential generated by
the trade area resident and visitor market is currently estimated at $92.0 million which is
forecast to increase to $101.0 million by 2017, an increase of $9.0 million over the seven year
period.
The local area is undersupplied with convenience retail facilities:
o There are no existing or proposed convenience retail centres in Noosaville.
o Food and grocery products in Noosaville are only available at (1) a full-line supermarket that
caters mainly to major grocery shopping trips and is not open for extended hours, (2) a petrol
station convenience store on the eastern fringe of Noosaville, (3) a small specialty store on
Gympie Terrace with parking constraints, and (4) the Aldi supermarket on the fringe of the
trade area has a limited and distinct product mix.2
o The existing shops and services within the Noosaville Visitor Mixed Use Zone mainly cater to
destination dining and relatively high price points. They are not within a walkable distance for
many trade area residents and there are parking constraints.
o The selection of fast food/take aways around Thomas Street has relatively high price points
and restricted trading hours.
o The limited selection of such facilities in the local area encourages vehicle travel to access
shops and services further afield.
o Supermarkets and convenience retailing serve different functions and therefore are commonly
located within walking distance of each other. On the Sunshine Coast, examples include:
- Mooloolaba Central (Coles) and Mooloolaba Junction (Night Owl);
- Noosa Junction (Supa IGA) / Noosa Fair (Coles) and 7-11 (on Noosa Drive); and
- Coolum Park (Woolworths) and Coolum Park (Foodworks).
DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – CONVENIENCE CENTRE PAGE 19
37 GIBSON ROAD, NOOSAVILLE
LOT 1 RP 802167
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407
There are no alternative locations available in Noosaville for a convenience centre:
o Our assessment has found no suitably zoned sites.
o There are no development applications for convenience retail centres in Noosaville.
o As per their letters of interest (Appendix B), convenience retailers have been unable to find a
suitable location for their business in the area. …
Development of the proposed convenience retail centre would satisfy a range of consumer needs:
increasing the range and availability of convenience retailing including food and beverage services
in the local area;
expanding the choice of convenience store operators and food and beverage services in the area;
increasing the level of convenience in terms of operating hours and car parking;
increasing affordably priced food and beverage services;
providing access to a wider range of goods and services in a convenient location with high
visibility and good vehicular access and parking;
reducing the need to travel to convenience centres further afield for the purchase of basic
convenience items, including take away food meals;
providing the opportunity for local residents and visitors to walk and cycle to the convenience
centre generating savings in travel time and costs;
enhancing the potential for convenient multi-purpose trips such as to the centre and tavern;
enhancing competition in the local area, which could have positive impacts on prices;
providing a focus for social and community interaction through the food and beverage facilities;
and
creating additional employment opportunities both in the short-term during the construction
phase as well as in the long-term.
Our investigations and market assessment conclude that there is a community and planning need for
the development and the proposal will create a benefit to the community. Local residents and visitors
would unarguably benefit from a modern convenience retail centre, including a small convenience
store and a complementary range of food and beverage services.
The proposal will ensure the provision of appropriate facilities to meet community needs for basic
requirements. The Noosaville convenience centre is not expected to jeopardise the vitality or viability,
or threaten the functional roles and levels of service competitive centres provide to the community.
This report therefore establishes that a planning need, as a matter of public interest, exists for the
proposed development and use and which satisfies the relevant criteria for need as a sufficient
ground to justify the decision.
In summary the sufficient grounds to justify the proposed use are:
1. there is a genuine community need for the proposed development;
2. there is significant demand for the facility particularly in light of the existing undersupply of
convenience retail facilities in the Noosaville area;
3. there is a lack of alternative suitably zoned sites in the local area;
DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – CONVENIENCE CENTRE PAGE 20
37 GIBSON ROAD, NOOSAVILLE
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407 4. the proposal will increase the range and availability of convenience retailing including food and beverage services in the local area; 5. the proposal will create additional employment opportunities in the short-term during the construction phase as well as the long-term; 6. the facility will not jeopardise the vitality or viability or threaten the functional roles and levels of service competitive centres provide to the community; 7. the proposal will not compromise the overall outcomes for the Noosaville Locality or the retail hierarchy of the planning scheme; 8. the site is currently used and has historically been used for commercial purposes; 9. the proposal can be established without any detrimental impacts to the locality or adjoining residential uses; and 10. the planning scheme has been partially overtaken by events, for the reasons identified above. DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – CONVENIENCE CENTRE PAGE 21 37 GIBSON ROAD, NOOSAVILLE LOT 1 RP 802167
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407
7.0 CONCLUSION
This Town Planning report has been prepared by KHA Development Managers to accompany a
Development Application made by Marquette Bowen Pty Ltd over land at 37 Gibson Road, Noosaville,
described as Lot 1 on RP802167. The development application seeks a Material Change of Use for a
Convenience Centre comprising Retail business Type 2 Shop & salon; Entertainment and dining
business Type 1 Food & beverages; and Commercial business Type 1 Office
The subject site is identified in The Noosa Plan as being within Noosaville Locality and zoned as
Attached Housing. The proposal is a Inconsistent Use, and subject to Impact Assessment under the
provisions of The Plan.
Planning support is justified on the following grounds:
there is a genuine community need for the proposed development;
there is significant demand for the facility particularly in light of the existing undersupply of
convenience retail facilities in the Noosaville area;
there is a lack of alternative suitably zoned sites in the local area;
the proposal will increase the range and availability of convenience retailing including food and
beverage services in the local area;
the proposal will create additional employment opportunities in the short-term during the
construction phase as well as the long-term;
the facility will not jeopardise the vitality or viability or threaten the functional roles and levels of
service competitive centres provide to the community;
the proposal will not compromise the overall outcomes for the Noosaville Locality or the retail
hierarchy of the planning scheme;
the site is currently used and has historically been used for commercial purposes;
the proposal can be established without any detrimental impacts to the locality or adjoining
residential uses; and
the planning scheme has been partially overtaken by events, for the reasons identified above.
Approval of the application, subject to the imposition of reasonable and relevant conditions is
warranted.
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37 GIBSON ROAD, NOOSAVILLE
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KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 100407
ATTACHMENT 1
NOOSA PLAN CODE ASSESSMENT
PREPARED BY KHA DEVELOPMENT MANAGERS
DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – CONVENIENCE CENTRE
37 GIBSON ROAD, NOOSAVILLE
LOT 1 RP 802167
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NOOSAVILLE LOCALITY CODE
Division 17 – Specific Outcomes and Probable Solutions for the Noosaville Locality
Table 11.13
Specific Outcomes Probable solutions Proposal
11.9 Effects of use
Amenity
O1 Uses are located, designed and No solution provided Complies
operated to avoid significant adverse The proposed development has been
changes to the light, air quality, noise, designed to respect the amenity of the
accessibility or other conditions enjoyed adjoining residential properties. This has
by users of associated, adjoining or been achieved through provision of a
nearby uses. 3m landscaped setback to all residential
boundaries, 2m high boundary fencing,
orientation of activity areas away from
residential boundaries, incorporation of
acoustic treatments and management
practices, and compliance with
maximum residential building height.
The building design has a highly
articulated and pitched roof form that
relates to surrounding residential
building forms and will include materials
and colour selection that associates with
domestic architecture of the locality.
Major Road Network
O2 Through traffic in Noosaville uses No solution provided Complies
Gibson Road or Eenie Creek Road, The proposed development fronts
ensuring the visual amenity of Gympie Gibson Road. A secondary access to
Terrace is protected with a consequent Skipper Place will also be utilized. No
enhancement of visitor and recreation visual amenity impact to Gympie terrace
opportunities and benefit to businesses will result.
along Gympie Terrace.
Visual amenity
O3 The visual amenity and character No solution provided Complies
surrounding the major road network is The visual amenity and character
protected and enhances the surrounding the major road network will
recognisable entrance to Noosaville be relatively unchanged from the
through— existing commercial nursery use. No
a) retaining and enhancing the visual further encroachment upon the existing
and physical separation of Noosaville native vegetation along the road
from other localities; and frontage will result from this application,
b) ensuring development does not other than as necessary for site access.
encroach upon existing native
vegetation along the road frontage other
than for accessways.
Neighbourhood identities
O4 The separate identities of the No solution provided Complies
various residential neighbourhoods The proposed commercial development
remain important and distinct elements will replace an existing commercial use
of the residential character of and will therefore not vary the
Noosaville. neighbourhood identity.
Lake Entrance Boulevard
O5 There is no increase in the number No solution provided Not applicable
of lots that gain access via Lake The site is not located in the vicinity of
Entrance Boulevard. Lake Entrance Boulevard.
Airport
O6 Development and use of premises No solution provided Not applicable
within 750m of the airport do not cause The site is not located within the vicinity
an obstruction or other potential hazard of the airport.
to aircraft movement associated with
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Specific Outcomes Probable solutions Proposal
the airport by the way of—
a) the physical intrusion of buildings or
other structures into aircraft take-off
and approach flight paths;
b) attracting birds or bats to the area,
which could cause or contribute to bird-
strike hazard;
c) providing very bright lighting or
lighting similar to runway lighting, which
can distract or confuse aircraft pilots;
d) interfering with navigation or
e) communication facilities;
f) emissions that may affect pilot
visibility or aircraft operations; and
g) transient intrusions into the airport’s
operational airspace.
11.10 Built form
Density
O7 The density of development within No solution provided Complies
the site area— The proposed development replaces an
a) is compatible with surrounding existing commercial use of the site, with
development; and no additional residential density
b) does not exceed— proposed.
i) for the Semi-Attached Housing
Zone:
A) for sites between 500m2 and
599m2 inclusive—4.8 persons
B) for sites 600m2 or more — 6.6
persons or 100 persons per hectare
ii) for the Attached Housing and
Business Centre Zones—a maximum
population density of 100 persons per
hectare with the exception of the
following sites which have an allowable
population density of 320 persons per
hectare exclusively for the purpose of a
visitor hostel—
A) Lots 3 & 4 on RP122928
situated at 14-16 Mary Street; and
B) Lot 21 on RP815864 situated at
11-13 William Street;
iii) For the Visitor Mixed Use Zone—
160 persons per hectare; and
iv) for the Business Centre Zone a
maximum population density of 100
persons per hectare with the exception
of Lots 3 & 4 on RP122928 situated at
14-16 Mary Street which have an
allowable population density of 320
persons per hectare exclusively for the
purpose of a visitor hostel
v) for the Shire Business Centre
Zone 160 persons per hectare or 320
persons per hectare exclusively for the
purpose of a visitor hostel
vi) for the Community Services Zone
maximum population density of 320
persons per hectare exclusively for the
purposes of Residential Aged Care and
160 persons per hectare for any other
form of Retirement & Special Needs
Housing; and
c) has a low site impact to enhance the
opportunity to maintain natural site
characteristics, including native
vegetation and natural landforms.
Height
O8 Buildings and other structures— S8.1 Buildings and other structures Complies
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Specific Outcomes Probable solutions Proposal
a) are low rise and have a visual bulk have a maximum building height of— The proposed development is low rise
and an architectural scale consistent a) if in the Attached Housing Zone – 8m, and has an architectural scale consistent
with structures on adjoining or nearby with the exception of those properties with nearby development. The building
land; with frontage to the following streets: - does not exceed a maximum building
b) do not exceed a building height of — Russell St, William St and Howard St, or height of 8m/ 2 storeys.
i) for the Attached Housing Zone 2 Weyba Rd, James St and Albert St north
storeys unless located on property with of their intersections with Elizabeth St
frontage to the following streets: - where they have a maximum building
Russell St, William St and Howard St, or height of 12m;
Weyba Rd, James St and Albert St north b) if in the Visitor Mixed Use Zone –
of their intersections with Elizabeth St, 12m;
where they are not to exceed a c) if in the Business Centre or Industry
maximum building height of 3 storeys; Zones — 10m;
ii) for the Visitor Mixed Use Zone– 3 d) if in the Shire Business Centre Zone –
storeys, although present only 1-2 8m, except in Precinct E1 or E2 where
storey façades to Gympie Terrace; 12m;
iii) for the Shire Business Centre e) in all other zones—8m.
Zone– 2 storeys, except in Precinct E1
and E2 where 3 storeys and Precinct
REC/MU where 1 storey; and
iv)for all other zones— 2 storeys;
c) do not visually dominate the street
or surrounding spaces;
d) preserve the amenity of surrounding
land;
e) ensure that development responds to
the site topography; and
f) are well articulated with strong
horizontal and vertical design elements
to provide an interesting streetscape
and to complement landform changes
and landscapes.
Setbacks
O9 Buildings and other structures are S9.1 Buildings and structures comply Complies – Gibson Road frontage
appropriately designed and sited to— with the setbacks identified in Schedule The building wall to Gibson Road
a) provide amenity for users of the 1 - Minimum Boundary Setbacks. boundary is setback 6 metres as
premises as well as preserve the visual required. Allowances exist for awning
and acoustic amenity of adjoining and encroachments into the setback area,
nearby land uses; with a cantilevered awning designed to
b) provide adequate distance from a 1m road setback. This awning will
adjoining land uses; provide amenity benefits, maintain a
c)allow space for required vehicle streetscape presence and provide a
parking; street front outdoor seating area to
d) preserve any existing vegetation that activate the public realm. A wide road
will buffer the proposed building; verge ensures the awning is setback at
e) allow for landscaping to be provided least 7.5m from the road pavement and
between buildings; is buffered by existing substantial street
f) maintain the visual continuity and trees.
pattern of buildings and landscape
elements within the street; Alternative Solution – Skipper Place
g) avoid large areas of continuous wall frontage
planes by varying the building setbacks While the proposal plan shows a
and using appropriate techniques to building wall setback of 4.5m to Skipper
provide visual relief; and Place, all but 1m of the wall length is
h) help protect the natural character setback in excess of 10m to Skipper
and visual amenity of the Noosa River Place due to adjoining Lot 2 on
system and other watercourses. RP856186 which adjoins the site for a
10m length from the southern
boundary. The building wall at its closet
point will still be setback about 13m
from the road pavement and buffered
by existing street trees/vegetation
together with new landscaping to the
boundary. The setback variation is
considered minor, and will comply with
the intent of specific outcome 09.
Similar to the Gibson Road frontage, a
cantilevered awning is proposed with a
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Specific Outcomes Probable solutions Proposal
1m setback. Again due to adjoining Lot
2 on RP856186 this is only applicable to
1m of street frontage. A wide road
verge ensures the awning is setback at
least 9m from the road pavement and is
buffered by existing street trees.
Complies – Side Boundaries
Side boundary setbacks are 3m as
required for commercial uses that adjoin
land in a residential zone.
Site cover, gross floor area and plot
ratio Complies
O10 The site cover, gross floor area and No solution provided The proposed development has a site
plot ratio of buildings and other roofed cover of 1415m2 (36.6%), gross floor
structures— area of 1087m2 and plot ratio of 0.282,
a) results in a building scale that is which is an overall building component
compatible with surrounding less than an allowable residential
development; development of the site. The building
b) does not present an appearance of design has a highly articulated and
bulk to adjacent properties, roads or pitched roof form that relates to
other areas in the vicinity of the site; surrounding residential building forms
c) maximises the retention of existing and will include materials and colour
vegetation and allows for additional soft selection that associates with domestic
landscaping between buildings; architecture of the locality. Landscaping
d) allows for adequate area at ground zones are achieved at the street
level for outdoor recreation, frontages which incorporate substantial
entertainment, clothes drying and other existing street trees. Soft landscaping
site facilities; and will be provided to all side boundaries to
e) facilitates onsite stormwater buffer the development from the
management and vehicular access. adjoining residential properties.
Vehicular access is via a left in left out
facility on Gibson Road or via Skipper
Place. On site stormwater management
will be implemented in accordance with
the Stormwater Management Plan
prepared by JF&P Engineering included
in Attachment 7.
O11 Site cover— Complies
a) for a class 1 or class 10a structure The proposal which is situated within
within the Detached Housing Zone, the Attached Housing Zone has a site
b) does not exceed— cover of 36.6%.
i) for a single storey building - 50%;
or
ii) for a building of 2 or more storeys
- 50% on the ground floor and 30% for
the upper storey(s), or 40% for all
storeys for a building of 2 or more
storeys;
c) for other classes with the Detached
Housing Zone, does not exceed—40%;
d) for the Semi-Attached Housing Zone
does not exceed 40%;
e) for the Attached Housing Zone does
not exceed 40%;
f) for the Visitor Mixed Use Zone does
not exceed 40%; or
g) for the Shire Business Centre Zone in
Precincts E1, E2, E6 and E7 does not
exceed 50%.
O12 For the Semi-Attached Housing Not applicable
Zone buildings do not exceed a plot
ratio of 0.45:1
O13 For the Attached Housing Zone the Complies
maximum gross floor area is equivalent The proposed gross floor area of
to the maximum allowable population in 1,087m2 is less than the allowable gross
persons multiplied by 40m2. floor area of 1,544m2.
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Specific Outcomes Probable solutions Proposal
O14 For the Visitor Mixed Use Zone, the Not applicable
maximum gross floor area equals the
allowable population in persons
multiplied by 40m2, provided that the
gross floor area does not exceed
13,600m2.
O15 For the Business Centre Zone, Not applicable
outside of the Mary Street/Thomas
Street Precinct the maximum plot ratio
is —
a) 0.8:1 for site areas up to and
including 2,000m2; plus
b) 0.3:1 for the balance portion of the
site area in excess of 2000m2.
O16 Within the Shire Business Centre Not applicable
Zone, the maximum plot ratio for
development within the following
precincts is —
a) Precincts B1 and B2 combined- 0.5:1;
b) Precinct B3- 0.8;
c) Precinct E1- 0.6;
d) Precinct E2- 0.6;
e) Precinct E3- 0.6;
f) Precinct E4- 0.6;
g) Precinct E5- 0.6
h) Precinct E6- 0.6;
i) Precinct E7- 0.6;
j) Precinct RES- 0.6; and
k) Precinct REC/MU- 0.1.
Flooding and drainage
O17 Buildings and other works are S17.1 For new buildings or structures Complies
designed and sited to— or additions more than 50m2 gross floor Development will comply with any
a) provide flood free access to premises area to an existing building or structure, minimum floor level requirement.
and flood free habitable areas; floor levels for habitable rooms are not
b) allow only minor, short term and less than the specified minimum floor
infrequent flooding of non-habitable levels
areas; AND
c) ensure drainage does not adversely S17.2 Where Council infrastructure is Complies
impact upon other premises; and available— Drainage will flow to existing drainage
d) ensure filling or excavation does not any drainage (including buildings and infrastructure. Refer Civil Infrastructure
adversely impact upon other premises yards) flows to that infrastructure; and Report in Attachment 8.
by— the infrastructure has the capacity to
i) causing ponding on the site or accept any additional loading;
nearby land; AND
ii) increasing flooding, which S17.3 for Residential Uses - Not applicable
adversely affects the safety or use of where slab on ground construction is
any land upstream and downstream; used, filling does not extend more than
and 1m beyond the building footprint,
iii) adversely affecting the flow of measured from the outer walls of the
water in any overland flow path. building ; or
the design consists of a suspended floor
construction.
AND
S17.4 Car parking and maneuvering Complies
areas are constructed at a level that Drainage will flow to existing drainage
permits the parking area to drain from infrastructure. Refer Civil Infrastructure
the site by gravity means, without the Report prepared by JF&P Engineering in
need for mechanical pumping; Attachment 8.
AND
S17.5 Basements for residential uses Not applicable
have flood immunity above the Q100
where alternative means to mechanical
pumping are used to achieve such
immunity; or
S17.6 Basements for non-residential Not applicable
uses have flood immunity above the
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Specific Outcomes Probable solutions Proposal
Q100 that may be achieved by means of
mechanical pumping where the
mechanical feature is installed with
adequate holding tanks and an
alternative back up power source.
Sloping sites
O18 Development on sloping sites— S18.1 Buildings and associated access Not Applicable
a) is responsive to the natural ways are not constructed on land with a The site is not a ‘sloping site’.
topography of the site and minimizes slope greater than 25% (1 in 4);
cut and fill; AND
b) does not visually dominate the hill S18.2 Buildings are of split level design
slope or interrupt the skyline; that step down the slope or have
c) is integrated with the natural site suspended floor construction;
characteristics including vegetation; and AND
d) for Multiple housing, takes the S18.3 Cut or fill is less than 2m in
form of small separate buildings; depth;
AND
S18.4 The distance between the
AND ground and the lowest part of the floor
of the building does not exceed 3m to
avoid large under building areas;
AND
S18.5 Buildings present no more than 3
storeys at any one point.
O19 On sites which are visible from the S19.1 No solution provided Complies
major road network, areas of public The site currently presents as an
open space, the Noosa River or the existing commercial use to the road
beaches new buildings and structures network. The proposed development
including outbuildings, are designed so has been designed so as to not
as not to dominate or detract from the dominate or detract from the existing
scenic and environmental qualities of visual amenity and character
the site and its setting. surrounding the major road network.
Roof form
O20 Rooflines— S20.1 With the exception of buildings Complies
a) contribute positively to the local within the Industry Zone, the main rood The development has a highly
skyline; of the building has a roof pitch no less articulated, architecturally designed roof
b) complement the character of the than 5 degrees and has minimum form which includes pitches of greater
locality; 600mm eaves to at least 75% of the than 5 degrees. The roof has been
c) are articulated, pitched or skillion; perimeter of the building; designed to create visual interest when
d) avoid low pitched (eg. less than 5 AND viewed from street frontages and the
degrees) or box roof profiles/parapets; appearance of a single storey structure
and when viewed from the adjoining
e) do not create opportunities for residences to the rear of the
residents to overlook the private open development.
space areas of neighbouring properties. S20.2 Buildings and structures do not Complies
include roof top terraces. No roof top terraces are proposed.
Materials and finishes
O21 Buildings and other structures use S21.1 With the exception of buildings Complies
materials and finishes that complement within the Industry Zone, buildings The proposed development has been
the Noosaville character and integrate a) use a mix of lightweight and textured architecturally designed to integrate
with the surrounding natural and built external building materials, including with the surrounding environment which
environment. timber finishes; or includes a mix of residential and
b) use masonry construction where commercial uses. A range of materials
variation is provide in texture, detailing and colour selections which reflect
and the like; domestic architecture of the locality will
c) use open or transparent balustrades; be implemented, including metal roof
and cladding, fc sheeting and infill panels,
d) Incorporate open balconies. and precast concrete. Variation in
texture and detailing will be provided.
11.11 Environment, conservation and recreation
Environment and cultural heritage Complies
values No solution provided. No significant adverse effects on
O22 There are no significant adverse environmental or cultural heritage
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Specific Outcomes Probable solutions Proposal
effects on biodiversity, native values will result from this development
vegetation, native fauna habitat, as it merely represents the development
landscaped quality, water quality or of a commercial building on an existing
cultural heritage values, including those commercial site.
related to—
a) changes to natural drainage;
b) management of fire risk;
c) erosion and the transport of
sediments off site;
d) unmanaged public access;
e) effluent disposal;
f) changes to fauna habitat and
behaviour; and
g) disturbance of buildings and features,
including natural features of cultural
heritage significance.
Open space network
O23 An integrated open space network S23.1 Open space corridors and Complies
is established throughout the locality existing native vegetation in areas Open space corridors and existing native
and— indicated in Schedule 5 – Map 4 are vegetation will not be affected by the
a) allows for both passive and active protected from fragmentation and proposed commercial development on
recreational pursuits; encroachment by development. an existing commercial site.
b) provides safe and convenient
connectivity for pedestrians and cyclists
to neighbourhood centres, community
services and other key destinations such
as public open space, the Noosa River
and Wallace Estate;
c) provides habitat connectivity for
wildlife;
d) protects watercourses and drainage
lines in the lowlands; and
e) forms a scenic backdrop for the
locality’s residential neighbourhoods.
AND
1. O24 Physical and visual links between S24.1 No solution provided Not applicable
public open space areas and The proposed development is not in the
watercourses are retained. immediate vicinity of any watercourses.
2.
Pedestrian and bicycle pathways
O25 Safe and convenient pedestrian
and bicycle pathways are provided and S25.1 Pedestrian and bicycle pathways Not applicable
retained between and around key are provided and retained where No pathways adjacent to the subject site
destinations including— indicated in Schedule 5 – Map 2; are indicated in Schedule 5-Map 2
a) an east-west link between the AND
Tewantin & Doonan Locality and the
Noosa Heads Locality along the Noosa S25.2 Contributions toward a Pathways Complies
River foreshore; and Network are provided in accordance The applicant will pay contributions in
b) a north-south link between the Shire with PSP20. accordance with Council’s policy.
Business Centre and Wallace Park to the
Noosa River foreshore.
c) Recreation areas off Shorehave Drive
and Seacove Court;
d) Scouting facilities at Gympie Terrace
and Gibson Road;
e) The Australian Rules field at Weyba
Road; and
f) Camping and caravanning facilities at
Munna Point.
Foreshore character
O26 The natural landscape character No solution provided. Not applicable
and vegetation along the foreshore The proposed development is not in the
areas of the Noosa River, Lakes immediate vicinity of these areas.
Doonella and Weyba and Eenie Creek,
Noosa National Park, Keyser Island and
Weyba Creek Conservation Parks is
protected.
Page 32
Specific Outcomes Probable solutions Proposal Watercourses O27 The environmental, economic, No solution provided Not applicable amenity and transportation values of the The proposed development is not in the Noosa River system is protected. immediate vicinity of the Noosa River. Comment: The proposed development is able to comply with all the Probable Solutions of the Noosaville Locality with the exception of the Probable Solution for Setbacks whereby an Alternative Solution has been provided to satisfy the Specific Outcome for the Code. Division 20 – Specific Outcomes and Probable Solutions for the Attached Housing Zone Table 11.16 Specific Outcomes Probable solutions Proposal 11.19 Consistent Uses O43 The following defined uses and use Alternative Outcome classes are consistent uses and are No solution provided The proposed uses including Retail located in the Attached Housing Zone— Business Type 2 Shop & Salon; a) Commercial business Type 1 if an Entertainment and Dining Business Type estate sales office; 1 Food & Beverages; and Commercial b) Home-based business Type 1; Business Type 1 Office, are all c) Home-based business Type 2 where Inconsistent uses within the Attached operated from a detached house; Housing Zone. The proposal however d) Detached house if not located at complies with the Desired Environmental Ivory Palms Resort 73 Hilton Terrace on Outcomes for Commercial and Business Plan GT102758; Uses and the overall outcomes for the e) Multiple housing if not located at Noosaville Locality. Sufficient grounds Ivory Palms Resort 73 Hilton Terrace on to justify the proposed use despite this Plan GT102758; and conflict are detailed in section 6.2 of the f) Visitor accommodation Types 1, 2 Town Planning Report. or 4. 11.20 Inconsistent Uses O44 The following defined uses and use Alternative Outcome classes are inconsistent uses and are No solution provided The proposed uses including Retail not located in the Attached Housing Business Type 2 Shop & Salon; Zone— Entertainment and Dining Business Type a) All Agricultural Uses; 1 Food & Beverages; and Commercial b) Commercial business unless an Business Type 1 Office, are all estate sales office; Inconsistent uses within the Attached c) Entertainment and dining Housing Zone. The proposal however business; complies with the Desired Environmental d) Industrial business; Outcomes for Commercial and Business e) All Infrastructure Uses Uses and the overall outcomes for the f) Detached house if located at Ivory Noosaville Locality. Sufficient grounds Palms Resort 73 Hilton Terrace on Plan to justify the proposed use despite this GT102758; conflict are detailed in section 6.2 of the g) Ancillary dwelling unit; Town Planning Report. h) Multiple housing if located at 73 Hilton Terrace on Plan GT102758; and g) Visitor accommodation Type 3 h) Commercial Business; i) Home-based business Type 3 j) Retail Business k) Education 11.21 Visitor Accommodation Protection of Resorts O45 Substantial sites are protected for No solution provided Not Applicable Visitor accommodation Type 4 and The subject site is not identified for include the Ivory Palms Resort 73 Hilton protection for visitor accommodation. Terrace on Plan GT102758.
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Specific Outcomes Probable solutions Proposal
11.22 Amenity
Landscaped Setting Complies
O46 Existing mature trees of local origin No solution provided Existing mature trees along the street
add to the character of the Attached frontages will be retained except where
Housing Zone and are retained. required to be removed for site access
purposes. Supplementary planting will
be undertaken to enhance the character
contribution of these trees.
11.23 Built form
Streetscape character and building
bulk S47.1 Buildings and other structures Alternative Solution
O47 Buildings and other structures— are designed to— Although the building has a wall length
a) contribute positively to the a) have a maximum wall length of 15m of greater than 15m, the proposed
streetscape character by addressing the and each external wall plane development has been designed to
street and adding visual amenity incorporates at least one design respect the amenity of the adjoining
through stepping the front façade; element to add visual interest and residential properties and the
b) have a bulk and architectural scale amenity (such as windows, pergolas, streetscape character. This has been
that does not dominate the streetscape sun shading devices, balconies or a achieved through the inclusion of a
or detract from the visual amenity of change of building material); (See varied and highly articulated roof
adjoining properties; Figure 11.6) design, materials and colour schemes
c) vary in line and plane; b) vary and break up the roof forms that are sympathetic to the locality,
d) utilise various building styles and through gables or different pitches to landscaped zones and fencing
materials to create diversity and visual add visual interest and define the /landscape buffering to adjoining
interest in the streetscape; individual dwelling units; residential boundaries.
e) make use of verandahs, balconies, c) provide individual segmented
eaves, and roof overhangs for aesthetic balconies for each dwelling unit to
and lifestyle reasons; reduce dominant horizontal banding;
f) integrate landscaping into the building d) visually break up building facades by
design to provide visual relief and incorporating different but
screening; and complimentary colours, textures and
g) present well articulated facades building materials; and
where garages or carports are not the e) visually break up the bulk of the
dominant visual element when viewed building by integrating tall plant species
from the street; in front of and to the side of buildings.
O48 Buildings and structures are S48.1 No solution provided Not applicable
designed to address any waterfront The site does not have a waterfront
aspect and to contribute positively to aspect.
the waterfront character.
O49 Buildings and structures take the S49.1 Buildings do not contain more Complies
form of small separate buildings, rather than 4 attached dwelling units. The development does not include any
than large single bulky developments. attached dwelling units. The articulated
roof form assists the appearance of
smaller separate building components.
Garages and carports
O50 Garages, carport structures and S50.1 Garages and carports— Not applicable
vehicle manoeuvring areas are designed a) have a front boundary setback of at No garages or carports are proposed as
and sited to— least 6m; and part of this application.
a) provide for resident and visitor b) present a minimum width to the
parking; streetscape (the total width of garage
b) visually integrate with the building doors is no more than 6m or 50% of the
and to not dominate the street front; frontage width, whichever is the lesser,
c) allow opportunity for landscaping to where the structure faces the street); or
screen vehicle parking and manoeuvring c) that are visible from, but do not face
areas; the street, include windows or other
d) minimise the number of driveway articulation and have a 6m vegetated
accesses; and buffer between the structure and the
e) allow safe and efficient access to and road frontage.
egress from the premises. AND
S50.2 Where multiple lock up garages Not applicable
face the street garage doors are No garages or carports are proposed as
stepped back a minimum of 600mm part of this application.
from each other, in relation to the
frontage or are separated by at least
1.5m;
AND
S50.3 Garages, carports and uncovered Not applicable
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Specific Outcomes Probable solutions Proposal
spaces are designed to allow vehicles to No garages or carports are proposed as
enter and exit the site in a forward gear part of this application.
through a 3-point turn maximum;
AND
S50.4 The development provides for Complies
shared driveways to minimise the One access is provided to each street
number of access points, except on sites frontage.
with more than one street frontage,
where garages or carports in the
development front separate streets.
Front fences & walls
O51 Front fences and walls are S51.1 Front fences or walls are setback Not applicable
designed and sited to— an average of 1 metre and are No fences are proposed along the
a) contribute to the attractiveness of the articulated to provide visual interest by Gibson Road or Skipper Place frontages.
street; stepping the design at maximum 5m
b) be compatible with the existing intervals.
streetscape character; AND
c) relate to the architectural period of
the building; S51.2 The area of land between the Complies
d) avoid interference with the fence and the front property boundary All boundaries are proposed to include
movement of surface stormwater; shall be densely landscaped to screen landscaped areas with a minimum width
e) allow for casual surveillance from the any fencing from the street. of 1m.
street or on main roads, mitigate traffic AND
noise; S51.3 Any fencing on the boundary Complies
f) provide for planting in front of high which is not screened by vegetation is All boundary fences are screened by
solid fences and walls; and either less than 1.2m high or of an open vegetation.
g) ensure planting between the front construction.
fence and the footpath does not create
an impediment for pedestrians using the
footpath.
Comment: The proposed development is able to comply with all the Probable Solutions for the
Attached Housing Zone with the exception of the Probable Solution for maximum wall length whereby
an Alternative Solution has been provided to satisfy the corresponding Specific Outcome. While the
proposed use is an inconsistent use and does not comply with specific outcome O44 the proposal
complies with the Desired Environmental Outcomes for Commercial and Business Uses and the overall
outcomes for the Noosaville Locality. Sufficient grounds to justify the proposed use despite this
conflict are detailed in section 6.2 of the Town Planning Report.
BUSINESS USES CODE
Table 14.8 For all Business Uses
Specific Outcomes Probable solutions Proposal
14.15 Effects of Use
Electricity infrastructure
O18 The development does not S18.1 No solution provided Complies
adversely impact on existing or future The subject site is currently connected
electricity supply infrastructure; to electricity. It is not anticipated that
AND the development will adversely impact
electricity supply infrastructure.
O19 All uses and works maintain an S19.1 Development for uses adjacent to Not applicable
adequate safe distance from electrical or within 50m of an existing electricity Site is not adjacent to or within 50m of
infrastructure including substations, substation incorporates noise an electricity substation.
overhead powerlines, power poles and attenuation measures to mitigate noise
transformers. impacts;
AND Complies
S19.2 Buildings and structures Buildings and structures will not be
(including swimming pools, sheds, constructed under any overhead lines or
tennis courts and outbuildings) are not electricity easements.
constructed under overhead electricity
transmission lines, or within electricity
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Specific Outcomes Probable solutions Proposal
easements.
Noise
O20 Development is designed and sited No solution provided Complies
to avoid noise emissions that The development will comply with noise
unreasonably diminish the amenity of levels through the implementation of
the area or surrounding uses. Acoustic measures and management
requirements in accordance with the
Noise Impact Assessment Report
prepared by TTM Consulting included as
Attachment 6.
Mechanical plant and equipment
and storage areas Complies
O21 Mechanical plant and equipment S21.1 Mechanical plant and equipment Mechanical plant and equipment will be
(including air conditioning equipment) are— located more than 2m from all property
and storage areas are designed and a) located more than 2m from any boundaries. Mechanical plant and
located to— property boundary; equipment will be located on the rear
a) avoid adverse visual impacts when b) where located at ground level, roof areas and screened by a 1m high
viewed from the street and adjoining screened by fencing 1.5m in height or parapet.
properties; and dense vegetation of at least 1.5m in
b) visually integrate with the building width incorporating grouped trees and
design. shrubs with maximum separation
distance of 1m measured from the
centre of the tree or scrub; and
c) are visually integrated into the line
and plane of the building and roof
design and do not project beyond the
height or width of the building when
viewed from the street and adjoining
properties;
AND
S21.2 For Industrial business and Not applicable
Retail business Type 3, materials
stored outside of a building do not
exceed 4m in height or half the height
of the on-site buildings whichever is the
greater.
Safety and security
O22 All property boundaries are clearly S22.1 Boundaries are identified by such Complies
identifiable with public and private means as - All boundaries will be identifiable
spaces clearly defined. a) fencing; or through landscaping treatments and/or
b) changes in surface materials or fencing.
levels; or
c) landscape treatments;
AND
S22.2 Loading and storage areas are Complies
well lit or can be locked after hours. Storage areas will be appropriately lit
and able to be locked.
O23 All premises and access routes are S23.1 All premises are identified by the Complies
clearly identifiable to all persons, provision of the street number in a Legible street numbering/signage will be
particularly emergency services prominent location, preferably near the incorporated into the development.
personnel. site entry, (i.e. on the kerb or letterbox)
or by signage on the building or site.
O24 All building entries are designed to S24.1 The number of entrances and Complies
be obvious and easily identifiable sites exits are limited and main building Building entrances are easily identifiable
to enable external areas to be entrances/exits are located at the front and located at the front of the site. A
monitored. of the site, in view of the street. Where dedicated pedestrian pathway defines
this is not possible, due to site or the building entrance.
existing building constraints, a well
defined path is provided to the
entrance/exit;
AND
S24.2 All entrances/exits to buildings, Complies
are well lit and signed, and signage Appropriate lighting and signage will be
includes hours of operation; incorporated into the development.
AND
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Specific Outcomes Probable solutions Proposal
S24.3 Entrances/exits are located to Complies
provide a direct link to driveways and Entrances/exits are located to provide a
carparking areas; direct link to driveway and carparking
AND area.
S24.4 Recessed doorways are avoided Complies
where the recess is of sufficient size to Recessed doorways have been avoided
conceal a person. Where recessed in the design of the building.
doorways are unavoidable, measures
are used to enhance
safety, as follows—
a) good lighting installed;
b) strategically placed mirrors
installed;
c) angled approaches provided; or
d) gates which restrict access
provided.
O25 Uses are arranged within buildings S25.1 Windows and main entrances are Complies
and on sites to enable external areas to positioned to allow for casual The building has been specifically
be monitored. surveillance. designed to provide for good casual
surveillance from the tenancies over the
car parking area and to the street.
O26 Communal open space, including S26.1 Communal open spaces, Complies
congregation and seating areas, is including congregation and seating All public spaces are visible from the
located where it can be monitored. areas are situated where they are in the building frontages.
line of sight of windows, doors and/or
balconies of buildings, or can be seen
from a street or other public space.
O27 Buildings and structures are S27.1 Buildings or structures that are Complies
designed to minimise opportunities for visible from a public street or laneway— The building has been specifically
vandalism. a) avoid the use of solid fences and designed to discourage anti-social
blank walls which attract graffiti. behavior by providing good casual
Where solid blank surfaces are surveillance from tenancies,
unavoidable, measures in the form of implementing articulated facades, using
landscaping, creepers, murals, vandal toughened glass and other lighting and
resistant paint, paint devices to discourage vandalism.
etc are used;
b) use toughened glass, security
screens and other measures (but not
including security shutters that
obscure the view of shopfronts) are
used in windows which are provided
at ground level, to deter break and
enters; and
c) use hardy vandal proof materials
and anti-graffiti paint are used in the
construction of buildings.
O28 Lighting of appropriate intensities S28.1 Lighting of appropriate intensities Complies
is provided to maximise safety. is provided which satisfies the Appropriate lighting will be installed
requirements of Australian Standard throughout the development.
AS1158: Public Lighting Code, unless
otherwise specified in this Code;
AND
S28.2 External lighting of a graduated Complies
intensity is provided which starts at a Appropriate lighting will be installed
lowerlevel of brightness at the perimeter throughout the development.
of the site and rises to a higher level at
the entrance to buildings or at the
centre of the site;
AND
S28.3 Lighting is directed onto the site Complies
and away from neighbouring properties; Lighting will be appropriately sited and
AND directed.
S28.4 Vandal-resistant lighting is used Complies
in public and publicly accessible areas. Appropriate lighting will be installed
throughout the development.
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Specific Outcomes Probable solutions Proposal
S29.1 Public toilets are located in high Complies
traffic areas; The convenience centre toilets are
located in a central location between
tenancies 3 & 4 and will be well lit and
sign posted.
AND
O29 Public toilets are designed and S29.2 Features that may legitimise Complies
constructed to— loitering, such as seating or public Seating and public telephones will not
a) ensure the safety of all people telephones are not located within 20m be located in proximity to the toilet
using them; and of toilet entrances; entrances.
b) take advantage of informal
surveillance from adjoining uses and AND Complies
activities, discouraging non-legitimate S29.3 Entrances to public toilets are The convenience centre toilets are not
uses. visible from the street, footpath and public toilets, but will be available to
other activity areas on the site or customers. While not visible from the
adjoining sites. street they are centrally located in a
high traffic area and will be well lit and
sign posted.
O30 Premises have accessibility to S30.1 Safe and convenient pathway Complies
public transport. access is provided from the site to link A dedicated pedestrian link is provided
to existing pathway networks that from the existing pathway along Gibson
services public transport facilities; Road to the proposed development.
OR
S30.2 Direct pathway access is Not applicable.
provided to the public transport facility if
the facility is contained on site or within
50m from the property boundary.
O31 Business Uses are designed and S31.1 Safe and convenient cycle access Complies
constructed to encourage users of the to and from the site from the existing Safe and convenient cycle access is
development to access the site by road and bicycle network, and safe provided to and from the site with
means of foot or bicycle through bicycle movement within the site is bicycle parking provided at each
provision of appropriate end-of trip provided; entrance.
facilities including bicycle parking and AND
shower/change rooms.
S31.2 Secure and convenient parking Complies
space for bicycles is provided on site in Safe and convenient bicycle parking is
accordance with AS2890.3 Bicycle provided at each entrance. 20 parking
Parking Facilities and Figure 14-1 spaces have been provided, satisfying
Minimum Requirements for Bicycle the minimum requirements for the mix
Parking; of uses.
AND
S31.3 Where at least 5 bicycle parking Complies
spaces are required in accordance with 2 Showers and 20 bike lockers are
Figure 14-1 Minimum Requirements for provided within the amenities area.
Bicycle Parking, end-of-trip cycle
facilities are provided at the following
rate:
a) 1 locker per 2 bicycle parking
spaces; and
b) 1 shower cubicle with ancillary
change rooms per 10 bicycle spaces
or part thereof;
AND
S31.4 Bicycle parking spaces and cyclist Complies
facilities are designed in accordance with All bike facilities will be provided in
AUSTROADS Guide to Traffic accordance with the AUSTROADS Guide.
Engineering Practice, Part 14 – Bicycles,
Section 10;
AND
S31.5 On-site pedestrian facilities such Complies
as seating and shade structures are Awnings are provided over all internal
provided in developments for the pedestrian pathways. Appropriate
convenience of persons walking to the seating will be provided with each
site. tenancy dependent upon use.
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Specific Outcomes Probable solutions Proposal
Figure 14-1 Min. Requirements for
Bicycle Parking
Site facilities
O32 Waste storage areas, external 32.1 Waste storage areas, external Complies
storage areas and loading docks do not storage areas and loading docks are Waste storage areas are situated to the
detract from the visual amenity of the situated to the rear of the building or rear of the development. No loading
streetscape or cause nuisance to under the ground; dock is proposed or required as loading
adjoining properties. OR will occur from within the carpark area.
S32.2 With the exception of the access Complies
way, waste storage areas, external Waste storage areas are visually
storage areas and loading docks are screened.
visually screened by landscaping or
fencing.
Environment & heritage values
O33 There are no significant adverse Complies
effects on the biodiversity, natural No solution provided. No significant adverse effects on
vegetation, native wildlife, habitats, environmental or cultural heritage
landscape quality, water quality or Advisory note values will result from this development
heritage values, including those related PSP24 – Effluent Disposal details as it merely represents the development
to— requirements for the design and siting of of a commercial building on an existing
a) changes to natural drainage; effluent disposal systems where located commercial site.
b) disturbance to any of the wetland outside a sewerage service area.
systems; Compliance with PSP24 will be
c) management of landslide and fire considered as part of Council’s
risk; assessment of the plumbing and
d) erosion and the transport of drainage application.
sediments offsite;
e) unmanaged public access;
f) effluent disposal4;
g) changes to fauna habitat and
behaviour; and
h) disturbance of buildings and
features, including natural features, of
heritage significance.
TABLE 14-10– ENTERTAINMENT & DINING BUSINESS OR RETAIL BUSINESS TYPES 1 OR 2
14.18 Effects of Use
Noise and visual amenity
O35 Uses maintain a satisfactory level S35.1 For uses involving outdoor courts Not applicable
of acoustic and visual amenity for including tennis courts, half courts and
surrounding uses. netball courts—the use complies with
the requirements in Section 2 of PSP8
Tennis and other Courts.
Outdoor dining areas
O36 Outdoor dining areas are designed S36.1 Walls to outdoor dining areas Not Applicable
and located so that— are— No walls to outdoor dining areas are
a) structures are aesthetically pleasing a) if facing a roadway or other public proposed.
and in keeping with the existing area, transparent;
character of the area, including the b) not made of flexible, roll-up or drop
architecture of the plastic sheeting;
associated building; c) separated from the floor and any
b) outdoor dining adds to the roof by a minimum vertical gap of
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Specific Outcomes Probable solutions Proposal
landscaped streetscape without 500mm; and
increasing perceived building bulk; d) if detachable or collapsible, are
c) temporary walls or roofs are stored only used during inclement weather;
when not in use and secured at all AND
times; S36.2 Roof, walls or other structures do Complies
d) adequate air movement is available; not extend beyond the boundaries of No structure will extend past the
and the premises; property boundary.
e) structures do not impede the AND
movement of pedestrians or vehicles; S36.3 The outdoor dining area complies Complies
AND with Planning Scheme Policy PSP14 The outdoor dining area has been
Outdoor Dining. designed in accordance with Council’s
policy.
O37 Adequate clearways and head S37.1 Roof structures over outdoor Complies
clearance are provided to allow safe dining areas have a minimum clearance The roof structures over the outdoor
movement of users of the premises. height of 2.1m. dining areas exceed the minimum
clearance height of 2.1m.
Comment: The proposed development is able to comply with all the Probable Solutions for the
Business Use Code.
LANDSCAPING CODE
A summary of the proposed development’s compliance with the purpose of the Landscaping Code,
Traffic and Parking is included below.
The purpose of this code is to ensure:
a) retains, reinforces and enhances the natural landscape character of the site, streetscape and
locality;
b) retains existing vegetation and other natural features for their ecological, aesthetic and
cultural values;
c) ensures the revegetation and rehabilitation of native wildlife habitat and riparian zones to
protect and enhance ecological and biodiversity values;
d) facilitates water management including on-site detention and the efficient infiltration of
stormwater;
e) enables the establishment of appropriate plantings that are of a scale and density
commensurate with building height, bulk and scale to buffer development and conflicting land
uses;
f) enhances privacy between dwelling units and accommodation units;
g) accommodates the outdoor recreation needs of dwelling occupants; and
h) provides adequate vegetation treatment to steep slopes and unstable landforms.
Comment: The proposal will achieve compliance with the Specific Outcomes and Probable Solutions
of the Landscaping Code as follows:-
The Landscaping Code requires a minimum landscaped area of 10% of the site. The proposal
achieves 917m2 (23.7%) of the subject site as landscaped area with 380m2 (9.8%) as soft
landscaping, 147m2 (3.8%) as landscaped bio-retention/rain garden area and 390m2 (10.1%) as
hardscape, exceeding the minimum landscape requirements. Landscaped areas include street
frontages, central carpark area, tenancy frontages and side/rear boundaries.
Retention of significant vegetation in the road reserve frontage and the periphery of the car park
area minimising impact on the existing character of precinct.
Provision of landscape buffers to adjoining residential properties.
Provision of shade trees within the proposed carpark area.
Incorporation of water sensitive design initiatives.
Page 40
A Statement of Landscape Intent is included in Attachment 2 together with landscape sections for the
landscape buffer, and bio-retention swale and frontage landscape area.
Further details of landscaping will be provided as part of a subsequent operational works application.
ENGINEERING WORKS CODES
DRIVEWAYS AND CARPARKING CODE
A summary of the proposed development’s compliance with the purpose of the Driveways and
Carparking Code is included below.
The purpose of this code is to ensure:
a) Safe and reasonable access to and from vehicle accommodation and standing areas within a
property and from the public road is provided;
b) The safety of pedestrians and cyclists is protected;
c) Development reduces the reliance on private vehicles and promotes public and non-motorised
transport options;
d) Carparking spaces and the associated manoeuvring areas provided are designed to be safe
and functional and meet the reasonable requirements of the particular land use;
e) Adequate provision is made for the standing, parking, loading and unloading, access and
manoeuvring of service vehicles within the development site;
f) Development does not adversely impact on existing public parking;
g) Adequate monetary contributions are made in circumstances where Council considers the
provision of external parking will fulfill the parking demand generated by the development
and will not have an adverse impact on existing public parking; and
h) Vehicular access does not impact adversely upon existing landscaping or native vegetation.
Comment: The proposal will achieve compliance with the Specific Outcomes and Probable Solutions
of the Driveways and Carparking Code – refer Traffic and Transport Assessment Report prepared by
Halcrow included in Attachment 5. The report concludes that the proposed development will not
create any adverse impact on the surrounding road network; and that the internal carparking, access,
waste collection and service vehicle arrangement are suitable from a Traffic Engineering perspective.
EARTHWORKS CODE
A summary of the proposed development’s compliance with the purpose of the Eathworks Code is
included below.
The purpose of this code is to ensure:
a) To ensure that earthworks do not unreasonably impact on the natural environment or other
properties with regard to—
i. land stability (including differential settlement or expansion in reactive soils);
ii. contamination of land;
iii. flooding and drainage;
iv. groundwater, watercourses and wetlands;
v. loss of native remnant or regrowth vegetation; and
b) Earthworks are designed and constructed to be structurally sound.
Comment: The proposal will comply with all applicable Specific Outcomes/Probable Solutions of the
Earthworks Code – refer Civil Infrastructure Report prepared by JF&P Engineering included in
Page 41
Attachment 8. This code will be addressed in greater detail as a component of a subsequent
operational works application.
EROSION CONTROL CODE
A summary of the proposed development’s compliance with the purpose of the Erosion and Sediment
Control Code is included below.
The purpose of this code is to ensure:
a) there is no significant environmental harm caused by the effects of erosion and sediment
transport associated with development;
b) disturbed areas are stabilised and restored promptly and effectively; and
c) disturbance of land is minimised.
Comment: The proposal will comply with all applicable Specific Outcomes/Probable Solutions of the
Erosion Control Code – refer Civil Infrastructure Report prepared by JF&P Engineering included in
Attachment 8. This code will be addressed in greater detail as a component of a subsequent
operational works application.
EXISTING SERVICES CODE
A summary of the proposed development’s compliance with the purpose of the Existing Services Code
is included below.
The purpose of this code is to ensure:
a) Existing Council owned underground infrastructure is protected from potential or actual
damage caused by development;
b) Underground infrastructure is accessible for maintenance purposes; and
c) Existing services are identified and methods of protection and access are implemented in the
design of the development.
Comment: The proposal will comply with all applicable Specific Outcomes/Probable Solutions of the
Existing Services Code – refer Civil Infrastructure Report prepared by JF&P Engineering included in
Attachment 8. This code will be addressed in greater detail as a component of a subsequent
operational works application.
TRANSPORT DRAINAGE AND WORKS CODE
A summary of the proposed development’s compliance with the purpose of the Transport Drainage
and Works Code is included below.
The purpose of this code is to ensure:
a) Development is consistent with the intentions of the strategic transport network, which is to--
i. improve the coordination between transport and land use, to avoid excessive motor
vehicle travel;
ii. minimise the environmental and social impacts of transport on the natural and urban
environment;
iii. increase the use of walking, cycling, bus, train and ferry modes and minimise the use of
the private car;
iv. vensure that vehicle access to the development does not compromise the capacity and
safety of the road system;
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v. not increase the scale of the road network beyond that currently planned; and
vi. ensure that development appropriately attenuates noise from adjoining roads.
b) Development works are designed and constructed to a standard that meets community
expectations, prevents unacceptable off-site impacts and optimizes whole of life cycle costs;
c) Roads are designed and constructed to satisfy their specified functions and provide an
appropriate level of flood immunity (including local flooding on roads, i.e. through sufficient
kerb storage capacity);
d) Development provides appropriate buffering between noise sensitive uses and the major road
network and rail corridors;
e) Roads are designed and constructed to be compatible with the existing road network and
hierarchy and to provide a safe environment for vehicular traffic, pedestrians and cyclists;
f) Intersections and access points are designed and constructed to retain the low key
development style and slower pace enjoyed by residents and visitors;
g) Road and drainage infrastructure is constructed to a standard that minimizes ongoing
maintenance costs;
h) Drainage systems are designed and constructed with capacity to effectively manage or
convey the design flow;
i) Road and drainage infrastructure is compatible with other infrastructure; and j) Road and
drainage infrastructure does not create any adverse impacts upon environmental values
associated with biodiversity, hydrological cycles, biophysical resources and air quality.
Comment: The proposal will comply with all applicable Specific Outcomes/Probable Solutions of the
Transport Drainage and Works Code – refer Traffic and Transport Assessment Report prepared by
Halcrow included in Attachment 5 and Civil Infrastructure Report prepared by JF&P Engineering
included in Attachment 8. This code will be addressed in greater detail as a component of a
subsequent operational works application.
WASTE MANAGEMENT CODE
A summary of the proposed development’s compliance with the purpose of the Waste Management
Code is included below.
The purpose of this code is to ensure:
a) The storage, disposal and management of solid and liquid waste are conducted in an safe
and ecologically sustainable manner and without environmental nuisance;
b) The on-site storage of waste does not create environmental nuisance or visual impact to
adjoining property during the construction of a development; and
c) Council and other licensed trade waste services are able to conveniently collect and dispose
of waste generated by the development.
Comment: The proposal will comply with all applicable Specific Outcomes/Probable Solutions of the
Management Code. The design plans provide for an enclosed waste storage room to ensure
environmental, visual and noise impacts do not result. Waste collection will occur from the service
bay within the carpark area. This code will be addressed in greater detail as a component of a
subsequent operational works application.
WATER SENSITIVE DESIGN CODE
A summary of the proposed development’s compliance with the purpose of the Water Sensitive
Design Code is included below.
The purpose of this code is to ensure:
a) all urban development has suitable treatment and reuse systems for all site run-off;
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b) all urban development reduces the need for mains water by utilizing run-off from appropriate
areas for applications such as toilet flushing and garden maintenance;
c) pipeless stormwater management systems are utilised;
d) downstream ecosystems, properties and infrastructure are not adversely impacted by either
quantity, levels of inundation or water quality changes caused by development; and
e) water reuse facilities have no adverse impact on the quality of the town mains water.
Comment: The proposal will comply with all applicable Specific Outcomes/Probable Solutions of the
Water Sensitive Design Code – refer Stormwater Management Plan papered by JF&P Engineering
include in Attachment 7. This code will be addressed in greater detail as a component of a
subsequent operational works application.