Council Report MCU19 0017

MCU19/0017 & RAL19/0004  – DEVELOPMENT PERMIT FOR material change of use for commercial business – type 1 office, type 2 medical, ancillary dwelling unit and reconfiguration of a lot – access easement, situated at 36 & 40 hofmann drive, noosaville

Document information

Author	Development Planner, Lisa Pienaar
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU19/0017 & RAL19/0004

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Ribarja Pty Ltd
Proposal	Development Permit for Material Change of Use - Commercial Business - Type 1 Office and Type 2 Medical, Ancillary Dwelling Unit Development Permit for Reconfiguration of a Lot – Access Easement
Properly Made Date	12 February 2019
Information Request Date	28 February 2019
Information Response Date	14 June 2019
Decision Due Date	11 November 2019
Number of Submissions	Not applicable

PROPERTY DETAILS
Property Address	36 & 40 Hofmann Dr, Noosaville
RP Description	Lot 6 & 7 SP 264847
Land Area	4000 m² & 4000 m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Shire Business Centre (Precinct E4)
Overlays	Biodiversity Overlay (Environmental Enhancement and Protection Area) Natural Hazard Overlay (Acid Sulphate Soils)
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 8 October 2019 regarding Application No. MCU19/0017 for a Material Change of Use - Commercial Business - Type 1 Office, Commercial Business - Type 2 Medical, Ancillary Dwelling Unit, and RAL19/0004 for a Reconfiguration of a Lot – Access Easement (alteration of existing) situated at 36 & 40 Hofmann Dr, Noosaville and:
A.	Approve the application in accordance with the following conditions:
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans listed within this Decision Notice. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DA-00.00	16	Cover Sheet	11/07/2019
DA-10.12	01	Site context plan – adjusted boundary	22/05/2019
DA-21.10	21	Basement floor plan	17/07/2019
DA-21.20A	33	Ground floor plan	15/08/2019
DA-21.21	18	Level 1 plan	11/07/2019
DA-21.22	14	Level 2 plan	29/03/2019
DA-21.30	13	Roof plan	29/03/2019
DA-30.10	13	Elevations	3/06/2019
DA-31.10	11	Sections	29/03/2019
DA-31.11	07	Sections	29/03/2019
DA41.01	07	Perspective renders	3/06/2019
DA-41.02	08	Perspective renders	4/06/2019
D-02391.01-C		Change to Carparking & Proposed Easements	12/09/2019
Nature and Extent of Approved Use
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The number of practitioners on site must not exceed 98 at any one time.  Any Community Management Statement (CMS), tenancy agreement, lease or the like must specify the maximum numbers of practitioners permitted for each tenancy/lease area. Details of the proposed arrangement must be submitted to Council prior to the commencement of use.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 17 October 2025, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the roofline of the development must not exceed 10.2 metres and the lift well must not exceed 11.3 metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Staging of Development
The development is not to be staged, unless otherwise approved in writing by Council.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Building Appearance
Ground floor tenancy front glazing along the frontage must be fully transparent as shown on the Approved plans.
The external finishes of the building must include a mix of materials, variation in roof form, balconies and extensive eaves as shown on the Approved plans.
All mechanical equipment and other service infrastructure located on the site must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. Where screened by landscaping, landscaping beds must be at least 1.5 metres wide.
Acoustics
Windows of the building should have acoustic properties, such as thickness and/or glazing of the glass to offset any noise from the adjoining industrial estate.
Land Amalgamation
Both lots subject to the development must be amalgamated, prior to the lodgement of a Development Permit for Building Works.
Public Safety
During operating hours, all parking areas, pedestrian areas and entrances/exits to all stairwells, travelators, lifts, foyers and public toilets must be well lit with vandal resistant lighting and with intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”.  Lighting must be designed to reduce the contrast between shadows and well lit areas.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment and must specify the maximum number of practitioners for each tenancy area.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
External Works
Hofmann Drive must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must be generally in accordance with Lambert & Rehbein Figure number B18254-SK-001 J (attached to Lambert & Rehbein letter of 22 August 2019) and include in particular:
construction of road widening, kerb and channelling and underground stormwater drainage
construction of the realigned pedestrian footpath
MUTCD compliant signage to prohibit the use of the access for heavy vehicles (excluding emergency vehicles), and signage to direct staff and customers to the onsite parking areas
replacement of any removed/disturbed vegetation in the road reserve
removal of any redundant sections of the existing access, kerb and channel
relocation/reinstatement of existing services both above and below ground.
Site Access and Driveways
Design and construct the access to Hofmann Drive generally in accordance with Lambert & Rehbein Figure number B18254-SK-001 J (attached to Lambert & Rehbein letter of 22 August 2019) and in conjunction with an Operational Works approval. The access is to be designed to accommodate:
regular exit onto Hofmann Dr by a 12.5m HRV, occasional entry to the site by a 12.5m HRV (the vehicle can use the whole of the through lane in Hofmann Dr and both sides of the internal access road); and
regular entry to the site by an 8.8m MRV (the vehicle can straddle the left turn lane in Hofmann Dr but use only the entry side of the internal access road).
Prepare, implement and maintain an access management plan to direct trucks servicing the development to enter the site only from Rene Street, not via the Hofmann Drive access. The management plan must be submitted as part of an Operational Works approval.
Install MUTCD compliant signage at the Hofmann Drive entry to the site:  “No trucks” – “Emergency Vehicles Excepted”.
A sealed access driveway must be provided from Hofmann Drive to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover generally in accordance with Council’s Standard Drawing RS-051
suitable safety measures, including warning signage, to improve driver awareness. Warning signage must be provided near the exit ramp from the underground parking area to warn motorists of traffic movements along the access easement street
Appropriate sight lines from the basement car park must be demonstrated with any operational works application and prior to Operational works approval. Any associated easements must be registered and available prior to the issue of an Operational works approval.
Car Parking
A minimum of 281 car parking spaces & 46 scooter/motorcycle spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
7 disabled parking spaces within the car parking total;
1 additional car space for the exclusive use for Lot 5 on SP264847 as per the requirements of Condition 33;
pedestrian routes generally in accordance with the approved plans;
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities for the relevant user class.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval and must be generally in accordance with the approved plans.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
pedestrian pathways between the proposed car parking area and the building/s;
adequate separation of all specific pedestrian routes from vehicle access and manoeuvring areas, and clear demarcation by pavement marking, signposts or changes in surface materials or levels;
signage and lighting at strategic locations to direct people to building entries and public toilet facilities;
pedestrian refuge areas at strategic locations within the carpark to ensure safe and convenient congregating of pedestrians waiting to cross major access driveways;
a total of 82 bicycle parking spaces;
end of trip facilities involving a minimum of 10 lockers, 4 male and 4 female showers and change rooms.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
The existing access easement that extends through the site must be modified to encompass the proposed traffic movements and be generally in accordance with Change to Carparking & Proposed Easements plan, Reference no. D-02391.01-C, dated 12.09.2019.
An easement for carparking purposes must be registered in favour of the adjoining property (Lot 5 on SP264847) against the title of the subject site. The easement must be of sufficient dimensions to fully encompass the proposed parking space indicated on Change to Carparking & Proposed Easements plan, Reference no. D-02391.01-C, dated 12.09.2019. The terms of the easement must be submitted to Council for approval as part of the subsequent plan sealing application and be registered prior to the issue of any Operational Works approval.
An easement for sight line purposes must be registered in favour of the subject property against the title of the adjoining property (Lot 5 on SP264847). The easement must be of sufficient dimensions to fully encompass the necessary sight lines indicated on Change to Carparking & Proposed Easements plan, Reference no. D-02391.01-C, dated 12.09.2019. This must be in accordance with AS\NZS2890. The terms of the easement must be submitted to Council for approval as part of the subsequent plan sealing application and be registered prior to the issue of any Operational Works approval.
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All earthworks and associated retaining structures/batters/anchors must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Signage
Proposed signage for the premises is to be in accordance with Council’s signage policy.
Any proposed signs must be integrated into the building design.  A signage plan must be submitted with an application for Operational works detailing the proposed location, size and number of signs.
Only 1 pylon sign is permitted for the subject site.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Planning Scheme Policy 3 Landscaping Plants and Guidelines for that specific area and must include in particular:
the works shown on the approved Ground Floor Plan;
Advanced tree species, shrubs and grounds covers to the frontage of the development to provide visual screening the bulk of the building including:
A minimum of 8 x 100L trees that are of local native species;
landscaping must provide for local native shade trees suitable for the area to reduce solar reflection and provide local amenity;
landscaping must provide a range of ground covers and shrubs to soften the bulk of the buildings and provide visual disruption of continuous walls and facades;
Landscape gardens beds must be of sufficient depth, area and growing media to promote good plant growth.
vegetated screening of any electrical transformers, retaining walls, bin storage areas, ancillary pump facilities and the like from the road frontage.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Stormwater Management
In conjunction with submission of any development application for Operational Works, provide a revised Stormwater Management Plan, relevant modelling, and revised site drainage design which achieves the following:
The flood detention function is to be completely removed from the bioretention device and the downstream detention tank increased in size to fully serve the required detention function. Retaining walls surrounding the bioretention device are to be reduced in height so that amenity, accessibility and light penetration are improved; and
Revised detention tank design calculations and documentation is to be provided which identifies all assumptions and the methodology applied in deriving the tank design and which is based on the recommendations of Australian Rainfall and Runoff 2019 and QUDM 2017. Ensemble temporal patterns are to be utilised for the analysis as well as the current rainfall intensities recommended by Bureau of Meteorology. The detention tank is to either achieve non-worsening for the range of durations relevant to the downstream drainage network or is to demonstrate flows are consistent with the design of the network.
Bioretention devices are to be designed in accordance with the Bioretention Technical Design Guidelines (Water by Design, 2012), and IPWEQA Standard Drawing No. WSUD-001 and are to be provided with a free-draining outlet from the sub-soil drainage system.
Permanent educational signage must be erected to educate the public about the function of the bioretention device(s).  The dimensions, standard, presentation and location of the educational signage must be in accordance with an Operational Works approval.
All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). Records of all maintenance activities undertaken must be kept and made available to Council upon request.
Any proposed Community Management Statement required for the development must include Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) and must include the full cost of maintaining the system in accordance with Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The cost of maintaining the system must be included in the proposed levies for each shed owner.
Acid Sulfate Soils
All works must be carried out in accordance with an Acid Sulfate Soil and Groundwater Management Plan for the development prepared by a suitably qualified person and referenced in a Development Permit for Operational Works. The Acid Sulfate Soil and Groundwater Management Plan submitted with the application for Operational Works must detail:
Management necessary for the proposed filling to avoid any impacts of the Potential Acid Sulfate Soils identified on the site – in particular impacts related to compacting Acid Sulfate Soils into the groundwater table and releasing water contaminants;
design measures necessary to prevent any oxidation of the potential acid sulfate soils or transfer of acid sulfate soil leachates via dewatering of groundwater through underground pipe bedding material;
Any other matters necessary to prevent the oxidation of potential acid sulfate soils or release of Acid Sulfate Soil related water contaminants.
All waters, including stormwater runoff, groundwater seepage and leachate from acid sulfate soils must be suitable for the downstream environment prior to release from the site.
Waste Disposal
The developer must provide waste storage and disposal facilities in accordance with Waste Management Plan identified as Appendix E as submitted to Council on 14 June 2019 and Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
Public bins must be provided throughout the car park to reduce littering. Bins provided must be for refuse and recycling and be decanted into the bulk bins by the site operators.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The proposal is for a Material Change of Use for Commercial Business Type 1 Office and Type 2 Medical, Ancillary Dwelling Unit and Reconfiguration of a Lot to alter an existing access easement. The development is to cater for General Practitioners, specialists, nurses and allied health professionals which are to be supported by radiology and pathology services. The facility will have the ability to provide day surgery and endoscopy services as well as a rehabilitation gym.  It is anticipated that the centre will operate: Monday to Friday – 6am to 8pm, Saturday and Sunday – 6am to 5pm.
The proposed building is to be constructed over two lots (to be amalgamated) and comprises a northern and southern building joined by a common foyer. The proposed building is 3 storeys at a height of 10.2 metres, with the lift overrun at 11.3 metres.
The development will have a total gross floor area of 6391.23m2. The proposal plans illustrate an indicative tenancy layout and mix that includes the following:
Basement level: carparking, service and plant rooms, bike lockers and secure bike parking area.
Ground floor: central entrance, foyer, ambulance drop zone, consulting/tenancy rooms, rehabilitation centre, hydrotherapy pool and bin store and waste/ loading dock, carparking.
Level 1: carparking, consulting/specialist/office rooms.
Level 2: consulting/specialist/office rooms.
The main vehicular access to the site will be from the existing access easement off Hofmann Drive, located at the north eastern portion of the site. Secondary access from the south is provided from the existing access easement. In order to facilitate access, an extension to the existing access easement is proposed to provide a wider and separated entrance and exit area to Hofmann Drive, requiring approval to reconfigure the subject lots.
The proposed development will incorporate parking over three levels which will provide 281 car spaces, 46 motorcycle/scooters spaces, 82 bicycle spaces and end of trip facilities.  The development also provides for 1 car space for the exclusive use for the adjoining development (42 Hofmann Drive) to replace 1 space to be removed from 42 Hofmann Drive to achieve adequate sight lines for the subject site.
A bio-retention basin is proposed at the northern part of the site. Waste storage and maneuvering areas are located in the south eastern corner of the site.
The application is before Council due to the significance of the site and proposed number of storeys.
Refer to Figure 1- Proposed development

Figure 1 – Proposed development
site details
Background
A pre-lodgement meeting was held in 2018 with regard to the current proposed uses, but at a greater plot ratio (0.95:1) than that currently proposed.  It was indicated a plot ratio of 0.95:1 would be unlikely to be supported. There was general support for a 3 storey building, only if the building were to present as 2 storeys to the street, with the third storey setback and not prominent to the street. It was also identified that the building should reflect the Noosa design style and be well articulated, using a variety of building materials.
Site Description
The site, subject to the proposal, is 2 lots that have a 105 metre frontage to the western side of Hofmann Drive. The site is a grassed and vacant site with some vegetation at the front of the site and along the rear boundary.  A concrete access driveway connecting the site to Hoffman Drive and sites to the south is located across the front of the site. The site is relatively flat with a fall of less than one metre from the rear of the site to the front. The site has several easements located across the front of the site for access and services.
Refer Figure 2 – Subject site
Figure 2 – Subject site
Surrounding Land Uses
The Noosaville industrial estate is located along the western boundary of the site and contains a mix of industrial businesses.  Boral Concrete adjoins the site which has an existing 20 metre high concrete silo. A self-storage warehouse adjoins the site to the south and the Noosa Civic Shopping Centre is located opposite and to the east of Hofmann Drive.

assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are relevant to the development:
Noosaville Locality Code
Business Uses Code
Residential Uses Code (ancillary dwelling unit only)
Landscaping Code
Works Codes
Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Shire Business Centre (Precinct E4). The proposal is for consistent uses within the zone and is required to follow a code assessable application process.  The Shire Business Centre provides for business and employment needs by providing a range of Business Uses. Precinct E4 is identified as an employment precinct and is intended to provide for expansion of the Noosa industrial estate and link between the industrial estate and business uses in the centre. Although the proposed uses are not industrial, the proposed uses provide a reasonable transition between the two areas and are compatible with the existing pattern of uses in the centre with offices opposite the site.
The proposal includes a number of tenancies for commercial use and will provide a number of employment opportunities for the Shire.

Criteria	Planning Scheme	Proposal	Complies
Plot ratio	0.6:1	0.798:1	X
Landscaped open space Landscaping Setbacks	15 % (1200 m² min) 6 m width	18% (1485 m²) > 6m	
Building height storeys metres	2 storeys max 10 metres	3 storeys 10.2/11.3 metres	X X
Boundary setbacks Frontage Side (south) Side (north) Rear	Premises adjoining internal loop road, 6 metres for 1st 2 storeys, 9 metres for 3rd storey. Not applicable for this development in the Shire Business Zone	7-18 metres (1st 2 storeys) Up to 17-29 metres (3rd storey) 0 metres 7 metres 0 metres	
Carparking	1 space per 20m2 of use area or 3 spaces per medical practitioner whichever is the greater + 1 space for Ancillary Dwelling Unit Equates to 285 spaces based on use area + 29 motorcycle spaces. Total 292 spaces	281 46 motor cycle/scooter Total: 292.5 spaces (+1 for exclusive use for No. 42 Hofmann)	
Bicycle Spaces End of Trip Facilities	1 bicycle space per 50m2 of GFA (128 spaces) 1 locker per 2 bicycle spaces (41 lockers) and; 1 shower cubicle with ancillary change room per 10 bicycle spaces	1 space per 78m2 Total 82 bicycle spaces 10 lockers 8 shower cubicles	X X
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Uses
The proposed uses are a mix of Medical and Office tenancies and associated car parking over 2 levels with the lower basement level allocated to car parking and utilities. The tenancies will cater for General Practitioners, specialists, nurses and allied health professionals which are to be supported by radiology and pathology services. The facility will have the ability to provide day surgery and endoscopy services as well as a rehabilitation gym. In addition, 1 Ancillary Dwelling unit is proposed on the second level and will be used for caretaking purposes associated with the centre. The unit is 43.59m2 in area which complies with the maximum floor area detailed under the scheme of 150m2.
Plot Ratio
The proposal has a plot ratio of 0.79:1, which exceeds the maximum amount specified under the Specific outcome in the Noosaville Locality code of 0.6:1. Plot ratio maximums guide building scale and bulk, allow for landscaping and facilitates onsite stormwater management and vehicular access.
It is noted that no plot ratio is specified for industrial uses which are consistent uses for the precinct and that the proposed plot ratio is consistent with the ratio specified for other business centres in the Shire.
The scale of proposed building is similar to existing industrial development in the area, and provides extensive setbacks to Hofmann Drive, is well articulated using a mix of materials and has varied roof lines and balconies.  The top level is further stepped back from the buildings façade, minimising bulk to Hofmann Drive and minimising its prominence to the street. Extensive landscaping is provided for in the front setback.
It is acknowledged that the building does present some appearance of bulk to the southern and western properties. However, a large self-storage building with a 56 metre wall adjoins the proposed southern elevation and industrial sheds adjoin to the west.  The approved self-storage buildings adjoining the subject site has a comparable plot ratio of 0:86.1. The proposed building will assist in screening the large existing wall where viewed from Hofmann Drive.
The proposed development proposes landscaping more than 18% of the site, complying with the minimum requirement of 15%.
Therefore, it is considered that the proposed development complies with the relevant Specific Outcomes of the Noosaville Locality Code.
Height
The proposed development is a 3 storey building, at a height of 10.2 metres and lift over run at 11.3 metres. The proposal does not comply with provisions in the Noosaville Locality Code relating to building height in metres and storeys. A maximum height limit of 10 metres, 2 storeys is allowed in the Shire Business Centre zone. A portion of the pitched roof slightly exceeds the stipulated height of 10 metres by 0.2 m. The applicant advises, this height is a result of the requirements for additional slab thickness and internal floor to ceiling heights to cater for the heavy specialist medical equipment. The raking roof form also contributes to the overall height. The lift shaft extends to 11.3m and is located in the centre of the site and is not largely visible to the surrounding areas.
The proposed building is well setback from Hofmann Drive, is well articulated with strong horizontal and vertical design elements and uses a mix of building materials.  Balconies, large eaves and varying roof lines provide a building that is consistent with Noosa architectural design. The third storey is well setback, ranging from 17-29 metres setback from the front boundary and will not dominate the street.  Overall, the proposed building is of a compatible scale to the surrounding industrial and commercial area, and the third level will not appear out of place.
Parking
The use area of the development is 5665.99m2. The Noosa Plan requires for the proposed use, 1 space per 20m2 of use area for office and medical, or 3 spaces per medical practitioner whichever is the greater and 1 space for the ancillary dwelling unit.  It is not known how many practitioners will be on site, so based on floor area, the development provides a total of 292 equivalent car spaces which consists of 281 car spaces, 46 motor cycle/scooter spaces, thus complying with the required car parking rate of 1 space per 20m2.
There is a risk that if the site has a large number of practitioners as typically seen for medical centres, parking may become an issue, given there is no on street parking for potential overflow.  Based on the provision of 292 car spaces, and 3 spaces needed for each practitioner, this would equate to 98 practitioners. It is therefore considered prudent to condition the approval to a maximum of 98 practitioners on site at any one time to ensure that adequate on-site parking is provided for.
The development also provides for an additional car space in favour of adjoining lot No. 42, which is identified as an access and carparking easement as discussed further below.
Access and Parking
Hofmann Drive
There is an existing access easement running along the site frontage to Hofmann Drive, exiting onto Hofmann Drive at the northern end of the site.  Refer Figure 3 – existing easements.  The exit to Hofmann Drive is a left turn exit only, restricted by the raised central median along Hofmann Drive.  The existing Hofmann Drive access and easement are not configured to accommodate entry to the site direct from Hofmann Drive as the access was designed for industrial uses.  The access easement links the subject site and site adjacent to its south (which is developed as a self-storage facility) with access to Rene Street.

Figure 3 – existing easements
The development proposes to alter the existing Hofmann Drive access to accommodate entry to the site from Hofmann Drive, although still restricted to left turns only by the existing raised median along the centre of Hofmann Drive.  To facilitate that altered access arrangement, the development proposes to create a short left turn lane in Hofmann Drive (clear of the existing on-road cycle lane), together with associated widening of the access driveway and widening of the access easement to facilitate two-way movement. Refer Figure 4 – Extension to access easement.

Figure 4 – Extension to access easement

The reconfigured access has been designed to accommodate exit movements onto Hofmann Drive by a 12.5m heavy rigid vehicle (HRV), clear of an 8.8m medium rigid vehicle (MRV) entering from Hofmann Drive allowing vehicles to pass.
If an HRV were to make a left turn into the Hofmann Drive access, it would need to slow sufficiently to manoeuvre into the driveway and occupy the majority of the driveway which will slow traffic on Hofmann Drive.  Although this is not ideal, the applicant proposes to manage usage of the entry to the site from Hofmann Drive through implementation of a management plan that directs trucks to enter the site from Rene Street only, and through installation of Manual of Uniform Traffic Control Devices (MUTCD) compliant signage at the Hofmann Drive access: “No trucks” – “Emergency Vehicles Excepted”.  A condition will be placed on the approval ensuring this occurs.
The widening of the access easement and drop off and loading zones results in a larger hard stand area to the front of the site than currently exists. It is recommended provision be made for at least 8 x 100L trees within the overall landscape area either side of the access easement. The landscape area will assist in softening the extent of hardstand presenting to Hofmann Drive.
Sight lines from development site to access easement
The main vehicular access to the parking area, off the existing easement, is adjacent to the southern boundary of the site.  The location of that main access onto the existing easement creates potential sight line issues for vehicles departing from the access back onto the easement, when looking toward the south across the corner of the adjoining site.  There is an existing parking space in the sight line area. A fence could be constructed along the side boundary by the adjoining owner.  To overcome this sight line safety issue the development proposes two easements, one on the adjoining site to ensure that the sight line area remains unobscured into the future, and the second on the subject site to accommodate relocation of the parking space from the sight line area of the adjacent site to a new location on the subject site.  Refer to Figure 5 - Access and carparking easement and new easement to accommodate sight lines.
The adjoining property owner of No. 42 has agreed in writing to the creation of an easement over an area of land in the front of the building, to facilitate clear sightlines from the proposed Medical Centre.

Figure 5 – Access and carparking easement and new easement to accommodate sight lines.
Consequently, the land owner of No. 42 has consented to change the approval for the existing self-storage use to provide for the new easement and identify the new car parking arrangement.  This application was recently decided under delegation.
A condition will be placed on this approval that ensures sightlines are achieved prior to the issue of an operational works approval and that easements are registered at the same time.
Stormwater, flooding and drainage
The main treatment device proposed is a 100m2 bioretention system, with smaller areas treated by grassed swales. The bioretention area represents 1.4% of the site area which is within the expected size range for this type of development.
The bioretention system is proposed to also incorporate detention storage above the filter media surface. The detention storage is provided by vertical block retaining walls which are approximately 1.5m above the filter surface. These walls will:
Make maintenance of the device very difficult
Create shading of the plants, potentially reducing functionality of the device
Possibly require pool fencing to address safety
Potentially be visually unappealing.
The issues relating to the proposed device were relayed to the applicant’s consultant, with an amended plan providing some stone cladding treatment to the proposed structure to improve the aesthetics of the device.  It is proposed to condition the development to provide a more appropriate, better functioning device. The conditions will include a requirement to remove the detention storage from the bioretention device.
The detention storage from the bioretention device will be relocated to the large detention tank proposed downstream. This will achieve non-worsening of off-site discharge.
There is very little information provided in support of the detention tank sizing. The plans indicate that the tank volume (below the weir) is 65m3 and 90m3 is provided in bioretention (between extended detention and overflow), making 155m3 total. This equates to a detention storage volume of 230m3/H, which is considered low given the existing and developed conditions for the site.
A condition is recommended requiring this to be properly documented at operational works stage. This will not impact the development layout but will effect the size of the tank.
draft planning scheme
The subject site is located within a Low Impact Industry zone and the Hofmann Drive Business and Industry Precinct in the initial draft Noosa Plan.  The Low Impact Industry zone is to offer a range and diversity of employment types.  The purpose and overall outcomes for the Hofmann Drive Business and Industry precinct are as follows:
uses are compatible with businesses in the Noosa Business Centre and surrounding industry activities and do not adversely affect nearby residential uses; and
development is well articulated, uses a variety of external building finishes and landscaping to the front of the building to present an interesting development to the street.
It is noted that the second round of draft Planning Scheme (currently out for consultation) has a zoning change for this site from what was previously notified.  The site is now identified as located in a Major Centre zone, Business Park Precinct. The intent of this precinct is to ‘facilitate commercial office space for businesses and a range of professional services including health and wellbeing, education, research and technology and knowledge-based industries’.
The proposed uses are consistent with this precinct and are subject to an impact assessable process, as the proposal involves new buildings. Overall outcomes in this precinct include development that is of a high architectural design that address the street frontage and are of a sub-tropical design with car parking to be at the rear of development.
The proposed building is well articulated, using a variety of building materials and varied roof lines. The proposed uses provide a transition from industrial uses in the Noosa Industrial estate to the Noosa Business centre and it is considered that the proposed development is compatible with the Noosa Business Centre.
The height limit for the proposed use is a maximum of 10 metres, 2 storeys as per the existing Noosa Plan. The proposed plot ratio under the draft Noosa Plan is 0.8:1 and the landscaping requirements are 15% of the site area, which is consistent with the proposal. The proposed front boundary setbacks comply with the draft Noosa Plan which is a minimum of 4 metres for the ground and second storey and 8 metres for the third storey.
With regard to carparking, 1 space per 20m2 is applicable for an Office or Health care service.  There is no requirement for 3 spaces per practitioner for a Health care service, for which the proposal relates. However the latter applies to a Hospital use.
No change to the assessment outcome would result under the draft Noosa Plan.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council officers:
Co-ordinator, Engineering Development Assessment
Environmental Officer, Development Assessment
Traffic Consultant
Hydrologic Consultant
Environmental Officer, Environmental Services
Public Notification
Not applicable.
conclusion & REASONS FOR DECISION
The proposed uses are consistent within the zone and generally comply with the relevant provisions within the Noosa Plan. The proposed development is compatible with the Noosa Business Centre and is considered in keeping with the Overall Outcomes sought for the Shire Business zone and surrounding sites in the Noosaville Locality. The proposed development and built form is compatible with and complements surrounding development and is therefore recommended for approval.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	8 OCTOBER 2019

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