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Further Report - MCU21/0110 - Application For Material Change Of Use - Resort Complex And Anicillary Bar, Food And Drink Outlet, Outdoor Sport And Recreation, And Club (Minor Extension To Existing Clubhouse) At 61 Noosa Springs Drive, Noosa Heads · Attachment 2 - MCU21/0110 - Development Assessment Manager'S Report
PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 6 MAY 2025 ATTACHMENT 2 – (MCU21/0110) - DEVELOPMENT ASSESSMENT MANAGER’S REPORT REPORT A report was presented to Council at the Planning and Environment Committee on 11 July 2023 for a development application which seeks to develop a 106-room hotel on land within Noosa Springs. The report addressed a range of issues including the sites split zoning, the potential odour impacts of the nearby sewage treatment plant, bushfire risk, ecology, carparking and built form. The officer’s recommendation was to approve the application on the basis that the odour impacts had been satisfactorily addressed and matters relating to bushfire, ecology, carparking and built form had also been suitably addressed. Three deputations were made at this meeting, the deputations were made by residents of Noosa Springs, Unitywater and the applicant. Notably, Unitywater advised they were opposed to the proposed development based on insufficient separation being provided to the existing sewage treatment plant. The matter was referred to the General Committee Meeting dated 17 July 2023 at which time a motion was put forward to refuse the application. The motion was successful, and the application was recommended for refusal. On 19 July the applicant stopped the decision-making period until 29 September 2023. As this was done prior to the Ordinary Meeting of 20 July 2023 Council was not able to finalise a decision on the application. The decision-making period recommenced on 29 September 2023. A Further Report was prepared for the Planning and Environment Committee meeting on 7 November 2023, due to the significance of the matter was referred to the General Meeting of 13 November 2023. At that time the applicant had not amended the layout of the proposed development however provided several written submissions which included an analysis of the submissions made during the notification period, a letter from a solicitor reviewing the proposed grounds of refusal, and a further letter from the applicant’s planning consultant seeking to justify grounds to support the development. The officer recommendation remained in support of the application, it was recommended that condition 13 of the original recommendation, which required guests to be advised of the potential for odour from the sewage treatment plant, be deleted. At that time, the grounds of refusal proposed at the General Committee on 17 July 2023, were reviewed by a planning solicitor. Accordingly, updated grounds of refusal were included in the report. On 13 November 2023 the applicant made an Other Change to the application to include an extension to the existing clubhouse. The change was an Other Change as it introduced a new land use into the application. This meant that the application reverted to the Confirmation Notice stage and no decision was able to be made on the application at the 13 November 2023 General Committee Meeting. A report considering the proposal including the Other Change was prepared for consideration at the Planning and Environment Committee dated 11 June 2024, at this meeting the matter was referred to the General Committee Meeting of 17 June 2024. At the General Committee meeting it was agreed to defer the matter to a future meeting round as the applicant requested to extend the decision-making period so it could enter into meaningful discussions about changes that might be made to the proposed Resort Hotel, that are reasonable, to address any valid planning concerns Councillors might have about the development. On 27 February 2025, the applicant made a minor change to the application. In a letter supporting the amended application the applicant advises: Page 1 of 13
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 6 MAY 2025
The request for a minor change stems from concerns raised by councillors about the scale
of the development, which unavoidably, extends into the Recreation and Open Space Zone
and partly into the Biodiversity, Waterways and Wetlands Overlay (Biodiversity Overlay)
towards the east of the site. This is despite the development not having a significant impact
on any environmental values as confirmed by Dr Watson and Council’s environmental officer.
Other concerns were raised about the scale and extent of the pools within the centre of the
site and the continued operation of the tennis courts, including during construction.
The changes being made to the development are detailed below:
• Pavilion 5 has been removed from the top of the site towards the east with the stair and
lift area reconfigured for Pavilion 4.
• Pavilion 1, Level 1 presidential suite changed to two (2) deluxe rooms with a reduction in
the terrace areas at ground level.
• The character and privacy of the central recreation zone has been strengthened by
increasing the planted landscape spaces, with the swimming pools reduced in size and
enhanced by being integrated into a natural landscape setting.
• A minor increase in the size of the amenities building will provide for wellness facilities
that complement the recreation zone.
• A change to the overall design of the open space areas, with pathways and small deck
areas added to make some passive use of the open space area towards the east where
Pavilion 5 was located while maintaining the existing vegetation.
• An increase in the size of the southeastern tennis court to a ITF (pro-tour size) tennis
court; and
• A reduction in the height of the structures above the decked carpark to the south with the
solar panels to be maintained.
The minor change plans form the basis of the current assessment, these have been supported by
the following additional information.
• Addendum to Odour Report
• Noise Impact Assessment
• Updated Bushfire Hazard Assessment and Mitigation Plan
• Updated Ecological Advice
• Operational Waste Management Advice
The minor change has reduced the number of hotel rooms from 106 to 69.
The following images detail the previously proposed and currently proposed site plan of the
development.
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 6 MAY 2025
Figure 1: Previous proposed site plan (with zones)
Figure 2: Current proposed site plan (with zones)
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 6 MAY 2025
Figure 3: Previous proposed site plan
Figure 4: Current proposed site plan
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 6 MAY 2025
Change to include clubhouse (Other Change submitted 13 November 2024):
The change formalises the changes to the clubhouse that were referred to in the original officer
report, and include the following:
• Minor alterations to the internal configurations of the bar, kitchen, cold room and store
area (red dotted outline); and
• New liquor cool room, new dry store, new security & procurement office, new wet and
dry waste areas and new enclosed storage area (shown as yellow shading).
The applicant has advised:
The application material states that the proposed 105m² floor area extension to the existing
clubhouse would be obtained by undertaking a change to the current development approval
17380DA, which provides for a material change of use for a Country Club including Golf
Clubhouse, Health Club and Tennis Centre. It was originally intended to change the current
development approval once the approval for the “Boutique Hotel” was obtained; however, it
has now been decided to include this component as part of the current application.
The existing clubhouse, to which the proposed extension applies, is located within the Tourist
Accommodation Zone, a Club is an inconsistent use within this zone. Notwithstanding, the existing
clubhouse was approved under approval 17380 DA in 1999 and has occupied the site for an
extended period.
The inclusion of the Club use within the current Material Change of Use application facilitates minor
changes to the layout of the building with minor extensions to the building footprint as detailed in
the following image:
Figure 5: Additional clubhouse floor area (yellow)
The proposed additional 105m2 of gross floor area within the existing clubhouse was identified in
the original report to Council. At that time the assessment of plot ratio acknowledged the potential
additional clubhouse gross floor area noting the proposed plot ratio of all buildings, including the
proposed change to the clubhouse, would be significantly below the maximum allowed within the
Tourist Accommodation Zone (15,240m2 permitted with 10,208m2 proposed).
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 6 MAY 2025
Whilst the modifications to the clubhouse result in an increase in the use area of the clubhouse
this is primarily related to additional storage area and as such does not generate a need for
additional parking, noting the traffic consultant has reviewed the proposed car parking and is
satisfied that it adequately meets the needs of the proposed resort.
The Other Change was not required to be publicly notified on the basis that the change would not
be likely to attract a submission objecting to the thing comprising the change if public notification
were to apply to the change (s 27.3 Development Assessment Rules), this was on the basis that
the use has long been established and the proposed building alterations are minor.
Minor Change submitted 27 February 2025, including the deletion of pavilion 5:
Ecology
The applicant has provided a revised development layout that has reduced the extent of
disturbance to areas of mapped biodiversity. The original design that included pavilion 5 caused
disturbance to an overall area of approximately 1,562m², while the amended design with pavilion
5 removed has reduced the total extent of disturbance by 380m² to 1,182m².
Notably, 455m² of the 1,182m² affected area is comprised of low-impact pathways and decking.
These sections have minimal ecological effects since this infrastructure can be built to avoid trees
and valuable features, while providing access for maintenance and pedestrian way finding to open
spaces. Consequently, the actual disturbance on the mapped areas is reduced to just 727m².
From an ecological standpoint, the proposed changes to the development represent a notable
improvement. The initially proposed environmental outcomes are still in place, ensuring a
satisfactory ecological result and creating a net positive impact.
Previously proposed positive ecological outcomes remain part of the application, these include:
• Retention of mapped Koala habitat.
• Weed management.
• Landscaping and rehabilitation utilising suitable native species.
• Planting of 120 koala habitat trees.
• Planting of a minimum 25 Glossy Black-cockatoo feed trees.
• Relocation of hollow logs and installation of nest boxes.
Bushfire
The applicant has provided a revised bushfire report which includes the addition of ‘note 1’ which
addresses the setback distance requirements for the revised development proposal.
The original design needed to meet a minimum setback requirement to achieve a radiant heat flux
of less than 29kW/m², or a separation of 15.7 meters from the hazardous vegetation to the north.
The design exceeded this requirement by providing a separation of 21.9 meters from the northeast
and 24.4 meters from the northwest, resulting in a radiant heat flux within the range of 19-29kW/m².
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 6 MAY 2025
Figure 6: Bushfire separation of original proposal
The revised design which removes pavilion 5, now provides a separation distance of 38.4 metres
from the closest hazardous vegetation to the north. This equates to a separation distance
equivalent to less than 10kW/m². This outcome significantly improves the bushfire separation and
assists in mitigating the risk to people and property by locating infrastructure further away from
hazardous vegetation.
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 6 MAY 2025
Figure 7: Bushfire separation of amended proposal
All previous bushfire recommendations are still applicable to the revised development layout.
Landscape
The applicant has provided a revised set of concept landscape plans that depict the revised layout.
The plans have included additional areas of remnant vegetation to be retained within the location
of the now removed pavilion 5, as well as incorporated bush pathways and timber decks that wind
through the trees and located existing trees for meditation/relaxation. The revised plans are
considered appropriate at this conceptual stage, with detailed design to be undertaken as part of
a landscape operational works application.
Site Cover and Plot Ratio
The subject site includes an area of 23,447m2 that is zoned Tourist Accommodation. The balance
of the site is zoned Recreation and Open Space Zone (14,608m2).
The Tourist Accommodation zone code requires a maximum site cover of 40% (9,378m2) and a
Plot ratio of 0.65:1 (15,240m2). The Recreation and Open Space Zone requires a maximum site
cover of 10% (1,460m2) whilst the relevant performance outcome prescribes that the gross floor
area of buildings of roofed structures does not exceed 100m2 excluding major sporting clubs,
clubhouse facilities which do not exceed 800m². 3,052m2 of gross floor area is proposed in the
Open Space and Recreation Zone.
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 6 MAY 2025
The total site cover of all buildings on the site (including that zoned Recreation and Open Space)
is:
• Existing club house -1,839m2
• Existing day spa & gymnasium -1,308m2
• New Hotel – 2,721m2
• Tennis Courts – 2,558m2
• Elevated car park – 1,234m2
The total gross floor area of all buildings on the site (including that zoned Recreation and Open
Space) is:
• Proposed Hotel facilities – 5,392m2
• Existing day spa and gymnasium - 1,241m2
• Existing clubhouse - approximately 2,000m2 + 105m2 proposed as part of future change.
The following table details the proposal’s compliance with site cover and plot ratio.
Zone Proposed
Site Cover Tourist Accommodation Zone 5,868m2
9,378m2 permitted
Recreation and Open Space Zone
1,460m2 permitted
Total Permitted: 10,838m2 Total including car park and tennis
courts: 9,660m2
Plot Ratio Tourist Accommodation Zone 5,686 m2
15,240m2 permitted
Recreation and Open Space Zone 3,052m2
Buildings do not generally exceed
100m2 excluding major sporting clubs,
clubhouse facilities which do not exceed
800m².
Total: 8,738m2
Importantly, the area shown zoned for tourist accommodation is not on a cadastral base, nor was
the determination of the zone boundaries based on detailed odour assessment. The assessment
of the current application, including consideration of the supporting material, has enabled a ground
truthing to determine the most suitable footprint for the proposed tourist accommodation use to
occur.
It is acknowledged that the extent of site cover does not comply within the existing mapped
Recreation and Open Space zone when considered in isolation. However, the proposal complies
with the total amount of site cover and plot ratio permitted over the whole site noting that the
building and structures do not detrimentally reduce the useability of open space or dominate the
site. It is noted that the current proposal has reduced the extent of pool area from 1,157m2 to
457m2.
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 6 MAY 2025
Furthermore, the total extent of site cover and plot ratio proposed do not exceed the amount
permitted under the Tourist Accommodation Zone, on this basis it is considered that the site cover
and plot ratio are appropriate for the overall site.
Odour and Noise
The submitted acoustic report and addendum to the odour report have been reviewed by Council’s
external consultant who is supportive of the amended layout and advises:
With respect to odour, the amended design is considered acceptable. An odour complaints
management plan remains relevant.
With respect to noise, …..amended operating hours for the tennis courts to match the latest
Trinity Report.
For outdoor area usage – previous conditions referred to Plate 1 which limited use hours.
The intent previously was to allow use of outdoor dining areas immediately adjacent the hotel
but to limit the use of pool areas further north. This was both a noise and odour outcome.
I suggest a similar requirement be maintained for this amended development. Limit all pool
usage to 6am to 12MN.
…….include a new condition putting the noise limits from Section 6.1 of the Trinity report into
the conditions package.
Service and refuse collection hours maintained as 7am to 6pm.
Given that the Trinity report shows the vacuum truck operations (albeit infrequent) exceed
the noise limits nominated, I have included requirement for an amended noise report to
address this as the report says with further design and barriers etc, compliance can be
worked out later.
I am happy to accept their amended criteria for this infrequent event.
Unitywater
As noted in the original report and through deputations made by their representatives, Unitywater
has raised concerns with the proposed development. Speifically that the accommodation facilities
and recreation areas are located too close to the nearby Noosa Sewage Treatment Plant (STP)
and will likely result in odour complaints with subsequent compliance action potentially requiring
cost prohibitive upgrades.
As per the original assessment, a thorough analysis of odour impacts has been undertaken by
suitably qualified experts utilising methodologies that are accepted in Planning and Environment
Court proceedings.
As noted in the officer report to Council in July 2023, the original odour impact assessment report
was prepared based on site-specific odour monitoring conducted at the STP and use of
meteorological and dispersion modelling to assess resultant odour levels at the proposed
development site.
The odour assessment adopted the Queensland Odour Guideline odour criterion of 2.5 Odour
Units, 1 hour average, 99.5 percentile which is considered the appropriate basis for assessment,
and notably the benchmark considered in Planning and Environment Court appeals. The criterion
requires the prescribed odour concentration to be achieved 99.5% of the time, being measured at
one-hour intervals.
The current proposal maintains development outside of the 2.5 odour unit line, notably the current
proposal increases the distance from the Noosa STP to both the nearest accommodation building
and the swimming pool. Under the originally proposed layout the accommodation buildings were
located approximately 270 metres from the existing Noosa STP infrastructure, the current proposal
provides approximately 302 metres of separation.
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 6 MAY 2025
Importantly, whilst Unitywater have provided a response to the methodologies utilised by both the
applicant’s and Council’s consulting acoustic consultants they have not conducted their own
technical analysis.
A review of the applicant’s report and Council’s consulting odour expert was undertaken by
Unitwayter’s third-party consultant who notes their own work was……limited to a high-level
review of the proposed mitigation measures contained within the Provided Documents and
recommend further mitigation measures that could be considered by council and/or
Proponent, which would aid in further reducing the impact risk of the Proposed Development
encroachment upon the current and future operational and business continuity of Noosa STP under
normal and unintended or unavoidable odour release conditions [bold added].
As per the original report to Council, the further mitigation measure included the installation of
activated carbon filters to fresh air makeup locations. This has been included within the
recommended conditions to further protect indoor air quality.
Whilst Unitywater have expressed concerns regarding use of land that is reasonably separated
from the existing Noosa STP it is important to note that under the Noosa Plan 2020 numerous
consistent uses are identified within the Recreation and Open Space Zone, these include:
• Tourist Park
• Nature-based tourism
• Major sport, recreation and entertainment facility
• Outdoor Sport and Recreation
• Indoor Sport and Recreation
• Place of worship
• Emergency services
• Community use
• Club
• Market
Notably, a Park is Accepted development, this would permit occupation to the property boundary
which at its minimum is 220 metres from existing STP infrastructure.
Furthermore, the Noosa Plan 2020 does not include a requirement for a separation distance to be
provided from the Noosa STP.
Waste Management
In summary, the key elements of the waste management strategy are:
• Refuse collection methodology to remain unchanged when compared to current
methodology associated with the existing day spa and clubhouse – a waste collection
vehicle can enter and exit the site in a forward gear from the eastern side of the site via
Resort Drive.
• Transfer of new waste from the proposed Hotel to occur via an electric bin tug from ground
level.
• Waste to be stored in a waste storage room within the extended clubhouse, currently uses
the existing loading bay.
• Development will result in increased waste generation; no change to frequency of waste
collection proposed although more regular servicing can occur on site if needed.
The submitted Operational Waste Management Advice has been reviewed by Council’s Waste
Management team who are satisfied with report and recommended conditions.
CONSULTATION
Referral Agencies
The amendments to the application have been referred to SARA who have not raised any issues.
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 6 MAY 2025
Internal Council Referrals
The application was forwarded to the following internal Council officers:
• Senior Environment Officer
• Coordinator Development Engineering
• Waste Management Department
Other Referrals
Through the assessment the application has been forwarded to the following external experts for
review and/or comment:
• Bushfire
• Hydraulic Engineer
• Traffic consultant
• Acoustic consultant
• Odour consultant
EQUITABLE ACCESS AND FACILITIES
In assessing this application, the plans for the proposed building work have not yet been evaluated
for compliance with the requirements of the National Construction Code - Building Code of
Australia (Volume 1) as they pertain to people with disabilities. The following codes may impact
the proposed building work and will be addressed as part of future building approvals required for
the site:
a. The Disability Discrimination Act 1992 (Commonwealth)
b. The Anti-Discrimination Act 1991 (Queensland); and
c. The Disability (Access to Premises – Buildings) Standards.
HUMAN RIGHTS COMPATIBILITY STATEMENT
In developing this Report, the subject matter has been considered in accordance with the
requirements of the Queensland Human Rights Act 2019. It is considered that the subject matter
does not conflict with any human rights and supports a human rights approach to decision making
by Council. Council representatives will endeavour to act and make decisions under this report in
a manner that is compatible with huma rights. This report should be rea in conjunction with
Council’s Human Rights Policy.
CONCLUSION & REASONS FOR DECISION
This report has considered the Other Change made on 13 November 2023 to include an extension
to the existing clubhouse and the Minor Change received 27 February 2025 primarily involving the
deletion of Pavilion 5.
The introduction of the Club use and the associated amendments to the existing clubhouse raise
no concerns on the basis the clubhouse use was approved in 1999, the proposed changes do not
exceed the permissible plot ratio and adequate car parking is providing on site noting that the
increased use area primarily relates to additional storage.
The Minor Change has reduced the footprint of the development, increased the separation distance
from the Noosa STP and reduced the extent of tourist accommodation proposed within the Open
Space and Recreation Zone.
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 6 MAY 2025
The officer’s recommendation remains in support of the development and has required minor
amendments to previously recommended conditions to reflect updated plans and reports whilst the
condition requiring guests to be advised of the potential for odour from the sewage treatment plant
has been removed.
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Procurement
Commercial Property
Strategy & Environment Development & Regulation Infrastructure Services
Director X Director Director
Strategic Land Use Planning X Development Assessment Infrastructure Planning, Design
and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health X Waste
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
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