response to information request · MCU19/0117

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Figure.2 Aerial Photo of the private equestrian facility at 7 Potters Ln, Pomona


P&E Law include further commentary regarding the issue of the proposed land use in
terms of ‘use’ and ‘ancillary’, including the recent case considered by Judge Kefford in
Caravan Parks Association of Queensland Limited v Rockhampton Regional Council &
Another [2018] QPEC 52 (attached as Appendix 1 and 2).
The proposal for visitor accommodation is the primary use of the premises, and it is not
intended to use the premises for activities other than visitor accommodation. The visitor
accommodation will be made more attractive by the provision of the ancillary use of a
wave lagoon and not be made available for others. On that basis, the wave lagoon is
ancillary to the primary use of the planning unit as ‘visitor accommodation’, similar to the
other larger ancillary facilities on private property described above.
The proposed 4,000m2 lagoon is similar in scale to other dams in Noosa Shire and on the
North Shore, which are used for Rural Residential and Visitor Accommodation purposes
(as shown in Figure 3).




Figure.3 Aerial Image of the proposed 0.4ha lagoon, relative to the size of other dams and lagoons
within the Visitor Mixed Use zone of the Noosa North Shore Locality.
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The lagoon is integrated into the landscape and the natural contours of the site, which
cannot be seen from outside the site. Only the visitors staying on the site will be able to
view the wave lagoon and have use of the facility, as shown below.




Figure.4 Proposed Wave Lagoon size and scale on the 14.85ha site


The proposed wave lagoon is also much smaller than other surfing wave pools/lagoons
described in the following table.

Table 1 – Other constructed surfing wave pool facilities
 Wave Pool Technology                           Size
 Kelly Slater Wave Pool (California)            ~2.5ha (640m long train)




 Wave Garden                                    ~0.8ha to 1.2ha (central wave mechanism)
 (Tullamarine Airport & Basque Country)




 Surf Lakes (Yeppoon)                           ~5ha




 American Wave Machines (Texas)                 ~0.5ha




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4. Provide detailed information on the operational and maintenance requirements
    of the lagoon/wave pool, including details such as:
   4.1. detailed plans for the lagoon/wave pool, including sections and cut and fill
        requirements;
   4.2. details on water supply / delivery, including how the water will be delivered,
        how the lagoon/wave pool will initially be filled, and how any additional
        water will be supplied if required;
   4.3. where the proposed water tanks will be located;
   4.4. how the wave is generated, including details on pumps, filtration system,
        how often the waves are generated etc;
   4.5. hours of operation;
   4.6. methods to be employed to ensure that the appearance and noise generated
        will not adversely impact on other residents or the locality, including a Noise
        Report, prepared by a suitably qualified person, addressing all aspects of
        the use;
   4.7. any proposed lighting, including height, location and lux levels;
   4.8. any proposed fencing, including height and location.

The design of the wave lagoon and associated pumps/blower concrete compound at the
end of the facility similar to the detailed plans shown in Appendix 3 for a similar designed
lagoon. The plans show the main noise emitting blowers and pumps will be located under
the hillslope within a concrete shell. Further detailed design work will be provided as part
of the subsequent Operational Works applications.

An Environmental Noise Level Impact Assessment has been undertaken by David Moore
& Associates and is included as Appendix 4. The report identifies the main noise sources
to be from the blowers used to generate the waves, pumps and people noise. The
conclusions of the report indicate that all steady state noise sources such as pumps and
blowers can be located within a concrete structure, as proposed at the end of the facility.
The report also describes that for the time varying noise source (people), the buffer
distances complies with the acoustic quality objectives for the proposed hours of operation
(0500 to 2200 hours daily), with no additional noise control measures required.

Details of the water supply and reticulation are included as Appendix 5 and seek for a 2
x 280,000L tank be installed adjacent to the pool. One of the tanks will include an unsealed
base for disposal of excess water via infiltration and one for storage for top up during dry
periods. The pool also includes 2m high sides to retain the proposed wave, allowing for
up to 2m of rainfall without the pool over topping. This represents almost an entire year of
rainfall for the 90th percentile wettest conditions.

At this stage, the applicant proposes to only use the facility during daytime hours and no
lighting is proposed. Normal pool fencing will surround the lagoon compliant with relevant
Building Act requirements and be integrated into the detailed landscaping design.




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5. Please provide justification for the proposal against the Strategic Framework
   for The Noosa Plan.
6. Please provide justification for the gross underutilisation of the site and the
   potential impact on land availability for visitor accommodation in the Locality.
7. Provide an economic impact assessment addressing but not limited to, the
   effect of the underutilisation of the site for visitor accommodation, on the local
   economy and employment.
The proposed Visitor Accommodation use is a consistent use for the site and an
assessment against the relevant sections of the Strategic Framework and Desired
Environmental Outcomes is provided below.

Table 2 – Strategic Framework Assessment
 Strategic Framework                                     Comment
 1.4.6 Tourism Sector Vision to 2021                     The proposal promotes the natural and built
 The community and tourism industry of                   assets associated with the tourism development,
 Noosa Shire works so well together that                 providing for a high-end tourist product
 Noosa is internationally recognised as an               surrounded by bushland and close to
 innovator in achieving interdependent                   environmental assets on the Noosa North Shore.
 economic, social, and environmental                     The applicant is also investigating further to
 sustainability.                                         provide for sustainable energy solutions (such as
                                                         solar above the pool) to support the ongoing
                                                         energy consumption for the site and reduce
                                                         evaporation.
 1.7.8 Visitor Facilities                                The proposal allows for the continued (limited)
 c) A Visitor Mixed Use Zone also applies to             expansion of visitor accommodation on the site,
 the holiday accommodation centre in Beach               subject to further development approvals.
 Road, Noosa North Shore. This site will                 The site is also well situated to provide for a high
 continue      to    provide     a   range    of         end (value over volume) product allowing for
 accommodation styles and commercial                     visitors to enjoy onsite facilities and other nearby
 services to visitors to the Noosa North Shore           natural assets including the beaches and national
 area, though limited expansion is intended.             parks.
 d) Visitor attractions throughout Noosa Shire
 continue to be focused on natural assets
 such as the beaches, national parks,
 watercourses and foreshore parks. Other
 attractions such as the lakes, mountains,
 trail network and coloured sands assist in
 decentralising visitor activities away from the
 south-east corner of the Shire and offering
 visitors different experiences.
 1.7.12 Natural Environment Protection                   The application addresses all associated impacts
 b) Activities that have potential to impact on          associated with the proposal to ensure water
 water quality, bank or slope stability, fauna           quality to the adjoining National Park is not
 habitats and linkages, or significant scenic            compromised. Fauna habitats and linkages are
 vistas are inconsistent within the scheme.              maintained in accordance with the higher order
                                                         planning for the North Shore Visitor Mixed Use
                                                         zone. The development is also located so as not
                                                         to impact on significant vistas and cannot be seen
                                                         from roads, beaches, waterways or neighbouring
                                                         properties.
 1.7.14 Natural Hazard Management                        The proposal provides detailed plans addressing
 b) Development in areas at risk from natural            the risks associated with identified natural
 hazards is to be compatible with the nature             hazards for the site, including bushfire. The
 of the hazard so as not to place people,                proposal also addresses water storage
 property, economic activity, social wellbeing           capabilities to ensure water is stored and treated
 and the natural environment at risk.                    on site and does not result in adverse impacts on
 c) Development is avoided in areas subject              the surrounding national park.
 to natural hazards or where natural hazards
 cannot be avoided, mitigation or adaptation
 measures are adopted taking into account
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 predicted frequency and severity of the
 natural hazard.
 d) Development does not materially increase
 the impact or severity of natural hazards.
 e) Development protects flood plains and the
 flood conveyance capacity of waterways.
 f) Development supports and does not
 unduly burden disaster management
 response or recovery capacity and
 capabilities.

The applicant initially looked at providing more units on the site (with a similar density to
the Beach Road Holiday Houses (BRHH) - 48 houses), however owing to the issues
associated with the existing effluent disposal easement terms with the owners of the
Noosa North Shore Retreat (NNSR) - the proposal was scaled back to one visitor
accommodation house.

If future agreement can occur with the owners of the NNSR regarding effluent disposal
servicing, then further expansion can be provided on the site for visitor accommodation in
the undeveloped areas of the site. Considering the future development potential under
The Noosa Plan and New Noosa Plan to provide for visitor accommodation on the site –
an economic impact assessment is not required for the proposed one visitor
accommodation dwelling.
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8. Please address the above Overall Outcomes of the Visitor Accommodation
   Code.
An assessment against each of the Overall Outcomes of the Visitor Accommodation Code
are provided for below.

Table 3 – Assessment against the Overall Outcomes of the Visitor Accommodation Code
 Overall Outcome                            Comment
 a) Visitor accommodation is                The building form has been architecturally designed to match
 compatible with and benefits               in with the surrounding bush using timber cladding, pitched
 from      Noosa’s     natural              roofs, recessive colours and breaks in building bulk.
 environmental values;                      The associated lagoon is located in the southeastern corner
                                            of the site and set into the natural contours so as not to be
                                            visible from surrounding roads or houses. There will be no
                                            importing of fill, or removal of cut to construct the lagoon.
 b)     Visitor    accommodation            The development has a distinct open space feel with no
 located       near    permanent            neighbours able to see any works, reflecting the feeling of
 residents does not detract from            seclusion and values of the Noosa North Shore, and
 the residential amenity enjoyed            consistent with the tourism strategies of both Tourism Noosa
 by permanent residents;                    and Noosa Council.
 c) The density and design of               The proposal allows for future development on the site and a
 Visitor           accommodation            density consistent with the adjoining Beach Road Holiday
 integrates with the urban or               Houses. This form of development allows for visitor
 landscape fabric of its particular         accommodation dwellings to be appropriately spaced and
 locality; and                              take advantage of the surrounding natural vegetation and
 f) Visitor accommodation is                onsite communal facilities, without being visible from
 compatible with surrounding land           adjoining roads or significant vistas.
 uses;




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 d) Visitor Accommodation in an            The proposed servicing of the development does not rely on
 urban zone or service area is             the additional loading of the existing ferry services for water
 provided        with    appropriate       servicing. The retreat is also proposed to be connected to
 connection         to    reticulated      existing road and electricity networks, with no major increase
 sewerage,         water      supply,      in demand warranting further upgrading of the network.
 stormwater drainage, electricity,
 and            telecommunications
 services;
 e) Visitor accommodation is
 energy and water efficient;
 g) Visitor accommodation is               The small scale offering of the retreat ensures privacy for
 suitable to the needs of visitors         visitors and is not reliant on excessive visitor numbers and/or
 and is accessible to services and         adverse environmental impacts from over-use.
 facilities or valued features within      The development is akin to a private golf course such as that
 the Shire.                                located within the Noosa Shire at 368 Dath Henderson Rd,
                                           Tinbeerwah, or Makepeace Island and only used by guests.
                                           This reinforces Council’s and Tourism Noosa’s focus on
                                           ‘Value over Volume’ products and is to be an exclusive resort
                                           experience.
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9. Provide details of compliance with the relevant Specific Outcomes of the Visitor
   Accommodation Code.
An assessment against each of the Specific Outcomes of the Visitor Accommodation Code
are provided for below.

Table 4 – Assessment against the relevant Specific Outcomes of the Visitor Accommodation Code
 Specific Outcome                                          Comment
 O3 Visitor accommodation is at a scale and                The scale of the development is compatible
 nature complementary and respectful to its                with the surrounding development within the
 surroundings and does not unduly impact on                Visitor Mixed Use zone, providing for a high
 adjacent or surrounding land uses or the                  value tourism product directly associated with
 amenity of the surrounding area.                          the environmental values of the site and
                                                           surrounding national park. The associated
                                                           noise report describes that the amenity of
                                                           adjoining residents will not be compromised as
                                                           a result of the proposal.
 O5 Ancillary recreation uses, such as outdoor             No lighting is proposed, and the wave lagoon
 tennis courts and half netball courts, do not             is only to be used for daytime activities.
 have an adverse effect on the amenity enjoyed
 by users of adjacent or nearby premises nor do
 they cause unreasonable disturbance to local
 fauna through light emissions, by ensuring that
 lighting devices are limited to those designed
 and installed to:
 a) minimise light spillage on neighbouring
 premises;
 b) preserve an acceptable degree of lighting
 amenity at the neighbouring premises;
 c) provide covers or shading around lights;
 d) direct lights downwards;
 e) position lights away from possibly affected
 areas; and
 f) enable brightness of lights to be adjusted to
 low levels.
 O34 Rural accommodation is established in                 The site is zoned Visitor Mixed Use and
 the rural areas of the Shire in a manner that             identifies visitor accommodation as a
 protects the amenity of the rural areas while             consistent use. The site is less than a 5-minute
 offering moderate to high levels of access to             drive and ferry to urban areas, offering guests
 urban facilities.                                         high levels of amenity and access to facilities.


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 O35 Rural accommodation is associated with                 The proposed small guest lodge is surrounded
 rural production, agricultural pursuits and                by national parks and is directly associated
 promoting the natural environment and takes                with promoting the natural environment and
 the form of farmstays, bed and breakfasts,                 onsite ancillary facilities.
 cabins, cottages or a small guest lodge.


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10. Provide an updated Site Plan showing setback to the proposed Guest House
    and Private Lagoon.
The previously lodged proposal plans are to scale, with the batter edge of the lagoon and
the house both setback 20m from the lot boundaries.
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11. The scale of the lagoon is likely to trigger the Natural Hazards Overlay Code for
    Acid Sulfate Soils. No acid sulfate soils management plan has been provided.
12. Provide an acid sulfate management plan for construction of the lagoon
    prepared by a suitably qualified person.
The lowest point of the excavation for the lagoon is 8m AHD – therefore the Acid Sulfates
Code is not triggered for assessment.
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13. Provide information regarding the disposal of wastewater by infiltration on the
    habitat values of the land, adjacent lands and the impacts, in-situ, on ground
    water organisms.
14. Provide information by a qualified ecologist, with experience in assessing
    impacts of waste water disposal on ground water dependent ecosystems on the
    methods to be engaged, to ensure the downstream ecosystems, properties and
    infrastructure are not adversely impacted by either changes to flow, water
    quality or ecosystem health caused by development.
15. Provide evidence the Wetland of High Ecological Significance on the Map of
    Queensland Wetland Environmental Values – a Matter of State Environmental
    Significance, will not be impacted upon by the construction and on-going use
    of the land, including likely variations in seasonal rainfalls events due to climate
    change.
An ecological report is provided as Appendix 6 and includes comment by a suitably
qualified expert regarding the wastewater infiltration, so as not to impact on the adjoining
national park. The ecologist recommends monitoring and mitigation measurements to
ensure downstream ecosystems are not adversely impacted by the proposal.
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16. Provide information on the proposed location of the water tank(s) and pipe work
    infrastructure.
17. Provide information on how the tanks will be filled initially, and how the tanks
    will be topped up in dry periods.
18. Provide information on how the pool will be filled.
19. Provide information on the vegetation to be impact upon by the location of the
    tanks.
An updated earthworks and site plan is included as Appendix 7 identifying the depth and
location of the tanks adjacent to the lagoon edge. The tanks are to be located within the
proposed batters to minimise further removal of vegetation.

The pool will be initially filled by rainfall and supplemented by water tanker. As per the
water management report, the pool levels would then be maintained by the 2 x 280,000L
water tanks.
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20. Clarify if the information presented in the report is accurate and forms part of
    the assessment material for the development application.
21. Provide an Ecological Assessment Report, based on Planning Scheme Policy
    18 Ecological Assessment Guidelines, which assesses the environmental
    values of the development footprint and surrounds and the impact the
    development will have on these values with the construction and on-going use
    of the development.
An updated copy of each of the reports was sent back through to Council in October 2019.
No further requests were made by Council and it is considered the existing reports
appropriately address the environmental values of the development footprint.
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22. Clarify if the information presented in the report is accurate and forms part of
    the assessment material for the development application.
23. Provide a plan showing the extent of clearing required to achieve a radiant heat
    flux level at any point on the building or envelope that does not exceed 29
    kW/m².
24. Provide a detailed plan which documents all the species of vegetation to be
    cleared to facilitate the development.
25. Provide information regarding the purpose of clearing of vegetation outside the
    footprint of the development.
The updated earthworks and pool plans included as Appendix 7 are overlaid on the
original tree survey for the site, describing the trees for removal. No further trees are to be
removed beyond the development footprint.
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Pursuant to the Development Assessment Rules, the applicant has given the assessment
manager the information requested. In accordance with the DARules, please forward
through the adjoining owners’ details to commence public notification.

If you have any further queries in relation to the above, please do not hesitate to contact
myself.

Regards,




Jack Lewis B.Sc Hons UNSW M.Plan Otago MPIA
Planner/Director
Pivotal Perspective Pty Ltd
0406 334 227




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