Council Report MCU20 0128

MCU20/0128 – development application for material change of use for A residential care facility at 32 viewland drive, noosa heads

Document information

Author	Manager Development Assessment, Kerri Coyle
(report drafted by consultant planner)
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU20/0128

Attachments	1. 	Proposal Plans

APPLICATION DETAILS
Applicant	Deluca Charitable Foundation Limited
Proposal	Material Change of Use - Residential care facility
Properly Made Date	13 November 2020
Information Request Date	11 December 2020
Information Response Date	8 February 2021
Decision Due Date	24 April 2021
Number of Submissions	36

PROPERTY DETAILS
Property Address	Reservoir 32 Viewland Dr Noosa Heads Qld 4567
RP Description	Lot 1 RP 226728
Land Area	8903m²
Existing Use of Land	Vacant/ reservoir

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Noosa Heads
Zone	Community Facilities (15) – Residential Care Facility, Multiple Dwelling, Rooming Accommodation, Community Residence
Overlays	Bushfire Hazard Regional Infrastructure
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 6 April 2021 regarding Application No. MCU20/0128 for a Development Permit for Material Change of Use - Residential care facility situated at Reservoir 32 Viewland Dr, Noosa Heads and:
A.	Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DA-0031	5	3d Views prepared by Ellivo	29/01/2021
DA-0032	4	3d Views prepared by Ellivo	21/01/2021
DA-0033	4	3d Views prepared by Ellivo	21/01/2021
DA-0034	4	3d Views prepared by Ellivo	22/01/2021
DA-0035	4	3d Views prepared by Ellivo	21/01/2021
DA-0036	4	3d Views prepared by Ellivo	22/01/2021
DA-1000	16	Ground Floor Plan prepared by Ellivo	15/03/2021
DA-1001	11	Level 1 Floor Plan prepared by Ellivo	04/02/2021
DA-1002	10	Roof Plan prepared by Ellivo	04/02/2021
DA-1600	4	Area Plans prepared by Ellivo	21/01/2021
DA-2100	5	Building Elevations prepared by Ellivo as amended in red by Council	21/01/2021
DA-2101	5	Building Elevations prepared by Ellivo as amended in red by Council	21/01/2021
DA-3100	6	Building Sections prepared by Ellivo	21/01/2021
DA-3101	2	Building Sections prepared by Ellivo	21/01/2021
DA06 (Page 11)	-	Noosa Youngcare Masterplan prepared by Form Landscape Architects	09/03/2021
DA06 (Page 12)	-	Tree Works Plan prepared by Form Landscape Architects as amended in red by Council	09/03/2021
DA06 (Page 13)	-	Walls and Fences prepared by Form Landscape Architects as amended in red by Council	09/03/2021
Nature and Extent of Approved Use
Deliveries and any service related activities must not occur outside the hours of:
7am to 6pm Monday to Saturday
9am to 5pm Sunday or any public holiday
The total number of residential beds established on the site, including the approved on site overnight carer accommodation, must not exceed twenty (20).
The total number of support workers residing on the premises at any one time must not exceed two.
Currency Period
This development approval lapses if the use has not happened by the 15 April 2027, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
Plant and Equipment
All air conditioning units, generators or other plant and mechanical equipment must be located at ground level and fully enclosed or screened such that,
they are not visible from the street frontage or adjoining properties; and
the screening enclosure minimises noise impacts to within acceptable levels at the boundary of the site.
All external plant and equipment must be sited away from neighbouring residential premises.
Building Appearance
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the, except where required to satisfy any privacy condition of this Decision Notice.
The building must be finished using a mixture of colours textures and materials using a muted, natural colour palette that complements the natural surroundings of the site.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m
be of open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
The 2m landscape zone between the building footprint and the side and rear boundaries must not be filled and must be landscaped to provide a visual buffer and transition to adjoining properties.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
the works shown on the Approved Plans
provision of 1 street tree within the road reserve for every 8 metres of road frontage
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Tree Retention
Existing trees on site must be retained generally in accordance with the Tree Solutions referenced document, Arboricultural Report, 32 Viewland Drive prepared by Brandan Martin Director/ Principal Consulting Arborist dated December 5, 2020.
Provide to Council prior to or with an Operational Works Application an amended Tree Works Plan that accords with the referenced Arboricultural Report in Condition 20, and including additional trees identified as suitable for retention in consultation with the consulting arborist, Council’s Environment Officer and in accordance with the referenced report.
Clothes Drying Areas
Outdoor clothes drying areas must be screened from public view.
Protection of Privacy
To ensure privacy is protected between adjoining properties, the windows located on the western and southern building faces must:
have a minimum window sill height or 1.5 metres above floor level; or
be fitted with translucent glazing; or
be fitted with a fixed external screen.
The upper level balconies located on the southern facade of the apartment building must include either balcony planter boxes, balustrading or fixed external privacy screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
Communal Recreation Area/s
Communal recreation area/s must be provided as shown on the approved plans.
Safety and Security
All external lighting at entrances, pathways, emergency exits and other external locations must not result in light shed beyond the boundaries of the site and design and/or screened where necessary to prevent glare and light disturbance to neighbouring properties.
Individual unit numbers must be clearly signed.
All pathways and land used for outdoor recreation must have grades not exceeding 1 in 20, with paths having hard, slip resistant surfaces.
Site Access and Driveways
A sealed access driveway must be provided from Viewland 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 Standard Drawing RS-051
suitable safety measures to improve driver awareness of pedestrians and enhance pedestrian safety.
Car Parking
A minimum of six (6) car parking spaces must be provided and marked on the site and made available and accessible at all times. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
3 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use
2 staff parking spaces within the total, which are clearly marked for that purpose
1 disabled parking space/s within the total
1 emergency vehicle bay within the total
dimensions, crossfalls and gradients in accordance with Australian Standards AS/NZS2890.1:2004 and AS/NZS2890.6:2009
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 to the car parking spaces provided on site.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number Q20-004-C01 Revision F titled Stormwater Drainage Layout Plan prepared by Neil McKenzie and Associates Pty Ltd dated 11 March 2021. The operational works application must include but not be limited to:
Certification from the Geotechnical Engineer that supports the design and makes specific comment regarding the proposed on-site infiltration system and the swale drain
Certification that states that if the works are carried out in accordance with the design plans the development of the site will not create a stormwater worsening on the adjoining downstream properties
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
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 (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
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.
Geotechnical Stability
All works must be carried out generally in accordance with the recommendations contained in the Report on Geotechnical Investigation – Project Number 95141.00 prepared by Douglas Partners dated January 2021 with the following additions:
The report must be amended to include specific reference to the proposed on-site infiltration system and the proposed swale drain;
Certification that states that if the works are carried out in accordance with the report the development of the site will not:
adversely impact on the stability of the subject site or
adversely impact on the stability of any adjoining land and/or structure erected on the adjoining land
The report incorporating the above amendments must be resubmitted to Council as part of any subsequent Development Permit for Operational Works*.
*(Refer to Advisory Note)
Prior to the commencement of the use certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the approved Geotechnical Report for the development and that the development will remain stable in the long term.
*(Refer to advisory Note)
Earthworks and Retaining Walls
All earthworks must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All earthworks and associated retaining structures/batters/anchors must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
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.
Stormwater Quality
The development must include a stormwater quality treatment system designed to achieve 80% reduction in Total Suspended Solids, 60% reduction in Total Phosphorous, and 45% reduction in Total Nitrogen compared to an unmitigated scenario, prior to discharge from the site.
The stormwater quality treatment system must be in accordance with an Operational Works approval for stormwater drainage and, the Queensland Urban Drainage Manual. The application for Operational Works Approval must demonstrate that:
all runoff can be filtered via vegetated areas prior to discharge from the site.
pollutant reduction predicted for the stormwater quality treatment train is designed in accordance with the Water by Design MUSIC modelling guidelines (Version 1) 2010.
Detail design plans for the stormwater treatment train, and submitted for the Operational Works approval, demonstrate the size of water quality improvement features are consistent with the MUSIC model, and are visually integrated into the development in accordance with the Water by Design Bio-retention Technical Design guidelines (Version 1.1) October 2014.
Any necessary retaining walls within bio retention basins must not exceed 0.8m in height. The operational works approval application must detail proposed rock finishing on any retaining walls, and these approved finishes shall be maintained for the life of the development. Raw finished concrete block retaining walls will not be approved.
The application for operational works approval must include the design for educational signage to be included within/alongside the bio-retention basin. Signage must follow a green and white colour pallet and state “This bio retention basin cleans stormwater runoff prior to its discharge to The Noosa River”.
Stormwater detention must be included in the stormwater treatment train design, and maintained to facilitate for stormwater flows discharging from the development to be consistent with pre-development characteristics.
Stormwater discharges are provided with a free draining outlet and connect to a lawful point of discharge in accordance with PSP6 Engineering Design Standards - Roads, drainage and earthworks
All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2012) - Maintaining Vegetated Stormwater Assets (Version 1). A copy of this document must be retained on the site together with the approved Operational Works drawings for the stormwater quality treatment system and a detailed life cycle costing of the system attached as an addendum.  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 the Water by Design (2012) – Maintaining Vegetated Stormwater Assets (Version 1) document and must include the full cost of maintaining the system in accordance with that document.
Construction Traffic Management Plan
A Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues.
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks a development permit for Material Change of Use to establish a Residential Care Facility on part of Lot 1 on RP226728 at 32 Viewland Drive, Noosa Heads. The development is proposed to be located on the western portion of the reservoir site on Viewland Drive adjacent to the Noosa National Park.  If approved, the proposed Residential Care Facility will ultimately be accommodated within a lease of land to be secured by the applicant from the land owner.
The proposal comprises 4 separate buildings providing different accommodation options for residents with high disability support needs. A total of 20 beds are proposed which accommodate people with disabilities between the ages of 18 and 65 years old and 2 onsite carers. The facility will be made up of the following:
1 x 2 bedroom, respite care unit in a single storey building;
1 x 3 bedroom, single storey share house including a fourth room for on-site overnight accommodation for a care worker;
1 x 2 storey building accommodating 5x 2 bedroom units and 1 x 1 bedroom unit and a further 1 bedroom for on-site overnight accommodation for a second carer;
1 x single storey 2 bedroom villa.
Each accommodation unit is to be constructed to suit the needs of disabled adults with high care needs including emergency management measures with back-up power management, emergency lighting, protected paths of travel and emergency fire equipment and services. A total of 6 car spaces are provided including an ambulance bay. Further provision for a golf buggy or similar vehicle is provided on the site.
The site location and proposal plans for the site are shown below.

Figure 1: Site Location

Figure 2: Site Plan

Figure 3: Ground Floor Plan

Figure 4: First Floor Plan

Figure 5: Street Perspective

Figure 6: Internal carpark and driveway perspective
site details
Background
The site has historically been used for infrastructure services relating to a water reservoir under the authority of the Northern SEQ Distributor Retailer Authority, Unitywater.
A significant portion of the site to the west of the existing reservoir infrastructure has remained vacant. The Noosa Plan 2006 identified the site within the Community Facilities Zone. No annotations were provided in respect of this zone in the 2006 planning scheme.
During the preparation and consultation for the new planning scheme, the Community Facilities zoning was retained across the site but annotations were added to the zone identifying part of the site for Utility installation and the remaining western portion for Residential Care Facility, Multiple Dwelling, Rooming Accommodation, Community Residence. An extract of Planning Scheme map ZM-13 illustrates the annotations at Figure 7.

Figure 7: Extract from Noosa Plan 2020 Zone Map ZM-13
The adopted zoning and annotations were endorsed by Council with the commencement of the scheme on 30 July 2020.
Site Description
The site is located in the high part of Viewland Drive before entering the Noosa National Park.  The parcel is regular in shape with a kick in the eastern extents of the premises defined by the existing chainwire fence which defines the area of the proposed use, and separates it from the reservoir structures on the remainder of Lot 1.  The area of the proposed lease that will provide legal access to the site for the proposed development is approximately 3101m2.
The land slopes to the west with a fall of approximately 6 metres and varying gradient. Viewland Drive is a local road with sealed carriageway and kerb and channel along both sides. The majority of the frontage to the site is provided with concrete widening for parallel parking along the southern side of Viewland Drive.
The site is densely vegetated with native and exotic species of trees, and understory vegetation. Several large water reservoirs are located on the eastern portion of the site with ancillary buildings and structures surrounding them.
Existing trunk water mains are located within the site with a water main traversing the north eastern portion of the subject premises.  An existing easement provides Unitywater with access to their infrastructure across the premises, the subject of this application.

Figure 8: Existing infrastructure on Lot 1 RP 226728
Surrounding Land Uses
The site is situated in an area dominated by mixed residential density including low density residential dwellings at the rear of the site, high density residential units to the west of the site and medium density residential duplexes and unit development to the north across Viewland Drive. To the east of the existing reservoir structures on the site, is the Noosa National Park with a vehicular access road to the lookout at the end of Viewland Drive. Peppers Resort is located to the north of Viewland Drive and is provided with a right of way access easement onto Viewland Drive to the east of the proposed development, opposite the reservoir.
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 2020.
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 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:
Noosa Heads Local Plan Code
Community Facilities Zone Code
Bushfire Hazard Overlay Code
Regional Infrastructure Overlay Code
Community Activities Code
Works Codes
Locality Provisions
The subject site is located in the Noosa Heads Locality and is zoned Community Facilities. The proposed use is identified as a consistent use within the zone and is consistent with the Zone annotations for the site. The application is required to follow a code assessable application process.
The proposed development will provide much needed infrastructure and services for community members requiring high care disability services and is consistent with the annotation in the Community Facilities Zone for this site.
The proposal is further generally consistent with the Local Plan code requirements with the key issues further outlined below:
Vegetation
Performance Outcome PO5 of the Noosa Heads Local Plan Code seeks to retain the existing mature trees, character vegetation and habitat.  Pre-lodgement notes indicate that Council officers advised that, in particular, at least three of the existing Hoop Pines should be retained on site as well as investigate the retention of further trees where possible including 4 Canarywood near the existing driveway and several Brushbox.
The applicant has provided a tree works plan and arborists report in relation to the viability of retention of these trees.  The arborist report indicates that the retention of 3 of the larger Hoop Pines is not viable due to the tree protection zone likely to be significantly compromised by construction activities.  If these were to be retained, the arborist has indicated constant limb loss may result from removal of other nearby vegetation.
Figure 9 shows an extract from the arborist’s report identifying those trees which may reasonably be retained and those which will require removal.  The two Hoop Pines which would be removed are numbered 63 & 67 while White Cypress (12, 20, 57 & 68) are either too close to the boundary or are identified with poor form. Two Brushbox (34 & 35) are also identified for removal as each of these are within the building footprint or damaged. The arborist has also indicated that there are several other trees which could reasonably be retained that have not been mapped.

Figure 9: Trees recommended to be retained and removed
Despite being located adjacent to the Noosa National Park and prominence in the streetscape, the existing trees on the site are not mapped by either the Noosa Plan or State mapping for possessing significant environmental value.  The applicant has provided a vegetation assessment report which confirms that the vegetation is non-remnant and is not significant koala area due to the absence of significant Koala food trees.   The subject site is also located outside the State Planning Policy and Noosa Plan bushfire hazard mapping area.
No post-settlement cultural heritage has been identified on this site and any Aboriginal cultural heritage values that may be revealed on the site are subject to further requirements and duty of care as set out in the Aboriginal Cultural Heritage Act.
Traffic and Parking
The proposal includes parking for 6 vehicles including an ambulance bay, and an additional mobility scooter or golf buggy space.
The Driveways and Parking Code requires 1 space per 4 beds and 1 space for an emergency vehicle. The proposal comprises 20 beds including the 2 provided for the onsite overnight carers, leaving 18 beds for residents.
The current proposal meets the minimum requirements for parking in accordance with the code.  The applicant has provided further supporting information to demonstrate that parking provision is suitable for the proposed use.
Noosa Plan defines Residential Care Facility as follows:
Residential care facility means the use of premises for supervised accommodation, and medical and other support services, for persons who—
cannot live independently; and
require regular nursing or personal care.
The proposal outlined by the applicant is consistent with the use as defined and will be purpose built to provide housing for people with high care needs who would otherwise be accommodated in aged care facilities despite their younger age.
The applicant maintains that previous experience in other, similar facilities has shown that the residents to be accommodated at the premises do not own vehicles or drive at all.  Any transport to or from the premises is undertaken in the vehicle of one of the on-site carers unless taken off site by family.  Those residents who did seek to leave the premises in the company of a carer, and without a vehicle, are usually equipped with electronic wheelchairs that are more than capable of traversing the hill on Viewland Drive and any uneven terrain that may be encountered along any route outside of the premises.
The provided car parking spaces would be used mainly by the 2 staff on site, with 3 car spaces free for visiting staff or family.  The 6th vehicle space can be used for emergency vehicles in the event that they are required.
While the existing parking and traffic issues experienced in Viewland Drive are indicated to be unsatisfactory at the present time, as asserted by many local residents and owners in the area, it is apparent that the issue of traffic is less about the proposed development than it is with existing development on the nearby Peppers Resort which is causing parking and traffic issues by staff and conference visitors using Viewland Drive.
Given the operational aspects of the proposal, the number of traffic movements are unlikely to be of a scale that will significantly alter the existing situation.  The proposed use meets the requirements of the Planning Scheme Code in regard to traffic and parking and satisfies the Acceptable Outcome for the number of parking spaces. Council’s Development Engineer has no significant concerns with the proposed access and parking arrangements.  Appropriate conditions can address any issues if the application is approved.
Land Use & Works Provisions
The application has been assessed against the applicable land use and works codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Landscape
Approximately 1393m2 of soft landscaping is proposed on the submitted plans.  The applicant submits in the landscape concept plan that the landscaping will retain and enforce the endemic ecology by retaining trees where possible end encouraging opportunities for native wildlife.  The proposed landscaping is to be designed to incorporate rainwater harvesting and passive irrigation and capture a resort vibe using subtropical planting, paths to explore and quality detailing.  Ramp and pathway grades are proposed to be disability compliant with slip resistant surfaces. The proposed landscape concept includes feature walls throughout the development and a batten fence on the street frontage.  To maintain consistency with the streetscape character, a condition should be applied to any approval that requires the fence to be setback within the boundary and planting in front of the fence.
Amenity
PO19 of the Community Facilities Zone Code seeks to preserve amenity for users as well as visual and acoustic amenity to nearby neighbours, provide vegetation to buffer the building and allow for landscaping and vehicle parking.
Multiple trees are proposed to be kept to retain as much of the mature existing vegetation on site as possible.  Retention of vegetation is consistent with surrounding character and setting.  Building setbacks to the road frontage are also considered consistent with the surrounding character of the area with several buildings in Viewland Drive having frontage setbacks of between 3.5m and 5.0m.  The applicant proposes a 6 metre setback to the building wall with encroachment of the roof overhang up to 1.5m resulting in a 4.5m setback to the outermost projection.  The roof overhang provides shade to the northern façade of the building.
The majority of the side and rear setbacks are consistent with the acceptable outcomes at 3 metres with a small area along the rear boundary where this is reduced to 2.42m due to the build out for a wardrobe in the rear wall. This reduction is considered minor in the overall layout and does not result in any additional windows or openings that are likely to alter the acoustic or visual amenity on neighbouring properties.
The rear section of the site will be filled to facilitate appropriate slope that can provide suitable disability compliant access. The cut of the eastern portion of the site has been reduced to protect as many trees as possible and as a result, fill in the south western part of the site will be increased to achieve acceptable levels.
At its lowest point, the site is approximately 72m AHD while the proposed finished floor level is 75m AHD.  The proposed earthworks will not alter the overall height of the 2 storey component of the development as part of this site is within the cut area, while only a small portion of the site will be sited over fill up to 1m.
The finished floor level is estimated to be similar to that of the neighbouring multiple dwelling units to the west at 28 Viewland Drive.  Windows in the western wall of the share house and Villa face the existing dwellings on the western neighbouring property. While there is every likelihood that shutters blinds or curtains are likely to be used on these windows, and landscaping is proposed to be provided in the setback area, the inclusion of conditions for external privacy screening would be prudent to minimise any perceived or real impact of overlooking into neighbouring habitable rooms.
Estimation of shadows at the Winter Solstice indicates that no significant overshadowing will result on neighbouring properties by the 2 storey component of the development.
The applicant proposes pathway, emergency and exit signage to meet the compliance requirements for housing provided for high care disabled residents.  It is unlikely that any of this lighting will result in significant adverse effects on the surrounding environment and will provide for a safe and clearly identified path of travel for residents, workers and emergency services.  The placement of this lighting has not been detailed on the submitted plans, however appropriate conditions can minimise any potential impact of glare or disturbance on the surrounding neighbourhood such as shields, light hoods and maximum luminance.
Suitable location
Performance outcome PO1 of the Community Activities Code seeks to ensure that community activity uses are located in a zone and on a site that is suitable for the intended purpose, where the site is accessible to its patrons and is provided with adequate infrastructure and services.  As indicated above, the site is identified in the planning scheme for the intended purpose.
Youngcare submit that the premises will provide accommodation for high care disabled persons between the ages of 18 and 65 who are highly dependent on support from carers. Four types of accommodation are proposed to be provided at the facility which includes respite, share house, apartments and villa.  These types of housing are in short supply in the region and the development will go some way to assisting in the provision of these types of accommodation. The proposal is considered to meet the Performance Outcome PO8 of the Community Facilities Zone Code.
The proposed Residential Care Facility is proposed to be serviced by kerb-side waste collection the same as other residential premises in Viewland Drive. While there may be an existing issue with parked vehicles blocking access to kerbside waste bins on collection day, it is unlikely that the addition of the proposed development will exacerbate the problem.  The issue that needs to be addressed elsewhere is whether the parking of vehicles in the street and additional traffic is resulting from overflow from the nearby conference centre and resort.
Noise
The architectural plans provided do not indicate locations for external air conditioner, generator or other plant.  These design aspects should be finalised and contained within the building or screened with noise dampening barriers.  This can be managed through conditions of approval.
It is unlikely that the overall noise generated from this facility will be significantly greater than that of a multiple dwelling or high density development such as those surrounding the site.  As residential accommodation, the residents of this facility are entitled to quiet enjoyment of their own facility as are surrounding residents.  While there is potential for occasional disturbances due to behavioural characteristics or other activities, it is unreasonable to expect that this would be significantly different to that which would reasonably be expected within any other medium density environment.
Noise generated during construction activities however, can be managed through the planning scheme codes by restricting hours and days of activity.  It is considered prudent also to require from the applicant, a construction management plan demonstrating how noise and traffic will be managed during the construction phase of the project.
Stormwater quality & quantity
The proposal includes 2 bio-basins to address stormwater quality. Council’s Environment Officer has provided assessment indicating that, while some aspects of the design will need to be further advanced in an operational works application, sufficient information has been provided to demonstrate that water quality targets can be met by the proposed stormwater treatment system.  Appropriate conditions can be applied should the application be approved.
The proposal includes directing runoff from the majority of the site to Viewland Drive with a detention tank and orifice plate to limit the discharge rate. A drainage line along Viewland Drive adjacent to the kerb line is also proposed to connect to the nearest Council drainage pit.
A swale drain is proposed to drain part of the site to an infiltration pit located adjacent to the south-western corner. In regard to this element the submitted Concept Stormwater Management Plan indicates that the discharge to the south-western corner of the site is substantially reduced, however the Geotechnical report has not commented on this in their report.
The Geotechnical Investigation Report has assessed the site conditions and makes recommendations for the building foundations to ensure that the site remains stable.  It is therefore recommended that any approval include conditions requiring the submission of an amended geotechnical report that includes and supports the proposed on-site infiltration system.
Frontage works
It is noted that the full frontage currently has kerb and channel but no footpath. A footpath currently exists on the northern side of Viewland Drive. It is considered unreasonable to condition the construction of a footpath when there is no path to connect to on the southern side of Viewland Drive and the proposed use.
cONSULTATION
Referral Agencies
The application was not required to be referred to Referral Agencies.
Other Referrals
The application was forwarded to the following internal Council officers:
Development Engineer
Environment Officer
Public Notification
The application was not required to undergo public notification as it is subject to Code assessment.
Nevertheless, several submissions have been made to the Council from the public in relation to the proposal. While the submissions cannot be considered as part of the assessment of the application pursuant to the Planning Act 2016 which limits assessment of code assessable applications to the planning scheme codes and prescribed state regulations only, the issues raised by submitters are summarised below for Council’s reference.
Matters Raised	Comments
Traffic and Parking The major concern of almost all submitters, relates to the existing traffic and parking issues on Viewland Drive. Multiple accounts have been indicated by residents that, despite additional parallel parking being installed on the southern side of the street, much of the parking and traffic issues appear to be due to staff and conference attendees parking in Viewland Drive on a daily basis.	The extant parking and traffic issues in Viewland Drive would appear to be more from the existing densification of the area by virtue of the zoning of the area, and most importantly, from the secondary access provided to Peppers Resort off Viewland Drive. The proposed development is unlikely to result in significant traffic and parking issues that will exacerbate the existing situation in Viewland Drive The proposal has been provided with parking that is in compliance with the code requirements and which is sufficient to accommodate the needs of the development.
Inappropriate site for the proposed development Submissions from the surrounding residents indicate their concern for people with a disability being able to access surrounding areas due to the slope of the street and surrounding land and question the appropriateness of this site for the proposed purpose.  The siting of the proposed use in this location is described by some as irresponsible.	As stated in the assessment above, the residents who will reside at the premises rarely leave the site unless it is in a carer’s or family vehicle due to the high care needs.  Should they wish to use the surrounding pathway network or public transport, they are often equipped with wheelchairs and mobility aids that can cater to the varied surfaces and terrain that they may encounter.
Noise The potential for increased noise from the proposed development has been raised as an issue by nearby residents.	Noise from plant and equipment and construction activities can be made subject to appropriate conditions to minimise amenity issues.  Other noise from general residential activities is unlikely to result in significant adverse amenity as discussed in the report above.
Vegetation Clearing & Habitat Destruction Residents have concerns for destruction of habitat for several fauna species and the detrimental impact of neighbouring amenity that would result from removal of trees on the site to accommodate the proposal.	The applicant has sought to retain as many trees as possible on the site in an effort to maintain visual amenity, provide mature landscaping and a natural setting for the residents to enjoy.  The existing vegetation is not remnant vegetation and is not mapped as having significant biodiversity significance.
Stormwater runoff Concerns have been raised about the potential for increased runoff making existing stormwater conditions worse.	Council’s Development Engineer has indicated that the proposed stormwater solution has the capacity to achieve non-worsening.
Smoking Smoke drift from smokers in the nearby residential care facility is raised as a concern by residents in a non-smoking residential complex.	Smoking and smoke drift is not an issue that the planning scheme can regulate.
Safety Uneven pathways, absence of pathway on the same side of the street as the proposed development, dangerous traffic conditions and steep hills have all been raised as matters which have the potential to adversely affect the future residents of the facility.	The proposed development is subject to strict safety compliance required for disability housing. It is considered unreasonable to require a footpath in front of the site on the southern side of Viewland Drive when there is no footpath on the remainder of that side of the street. Most residents are unlikely to be pedestrian.
Lighting Illuminated signs, exits, pathways and parking bays have been identified by submitters as having significant adverse effects.	Lighting is proposed to maintain compliance with safety and emergency requirements.  Appropriate conditions can be imposed to minimise glare or disturbance.
Privacy Loss of privacy is raised as an issue with the proposed residential care facility being located near existing residential dwellings.  Submitters maintain that direct overlooking will result into their pool and outdoor recreation areas, bathrooms, bedrooms and living areas and that enforcement of privacy and noise issues are weak and ineffectual.	The finished floor level is estimated to be similar to that of the neighbouring property to the west.  Landscaping is proposed between the proposed buildings and site boundaries.  The possibility of overlooking is minor, but would be confined to overlooking from within the proposed buildings. Appropriate conditions can address any perceived or actual overlooking issues.
Sunlight (overshadowing) Submitters are concerned that the two storey component of the building will result in overshadowing of neighbouring premises resulting in loss of sunlight to adjacent residences.	No significant overshadowing will result from the proposal.
Setbacks Nearby residents are concerned that the proposed building will be built too close to the boundary.	The setbacks to side and rear boundaries are compliant with code requirements with the exception of a small section where a wardrobe extends within the setback area on the southern boundary.  This has negligible adverse amenity implications on neighbouring properties.  The front setbacks to the wall are 6 metres and only the roof overhang encroaches, bringing the outermost projection to similar setback to other existing buildings in the street.
Conflict of Interest A number of submitters have raised concerns in relation to potential conflict of interest between the Noosa Mayor, Clare Stewart and Youngcare.	Any conflict of interest or perceived conflict of interest that may exist will be declared at the Council meeting in accordance with usual Council meeting protocols.
Adverse effects on the Noosa Skyline Submitters hold the perception that removal of the trees on the subject premises to accommodate the proposed development will adversely affect the Noosa skyline.  Submitters believe that removal of the hoop pines and forest greenery are an important part of the Noosa skyline.	It is unlikely that the proposed development will have a significant adverse effect on the Noosa skyline.  It is difficult to see this site from surrounding areas that are not immediately adjacent to the land.  Several trees will be retained, however, those which are unsafe or unable to be retained to maintain adequate health and safety will be removed by this proposal if approved.
Adverse health effects Submitters have indicated that the siting of the proposed use is not appropriate as the 3 existing mobile phone towers are likely to have an adverse health effect on future residents of the residential care facility.	It has been demonstrated in other assessments that the cumulative EMF levels of mobile phone and NBN towers is well within acceptable limits.  All towers are required to the standards set by ARPANSA – Australian Radiation protection and Nuclear Safety Agency.
Rubbish Collection The potential for additional traffic on the street resulting from the proposed development has been highlighted by submitters in relation to inability to collect rubbish bins from the street.  Submitters who have raised this issue have indicated there is already and existing issue where bins are unable to be collected due to vehicles parked in the street and believe that the proposed development will exacerbate the problem, preventing rubbish collection.	The proposed development is unlikely to contribute any significant change to the existing traffic and parking situation in Viewland Drive and worsen existing rubbish collection issues.
Construction Submitters have raised concerns over the additional traffic likely to result from construction of the proposed development when there is already an existing parking and traffic issue.	Construction days, times, noise and traffic can be managed through conditions. A construction management plan is recommended as a condition of approval.
Bushfire Hazard The issue of Bushfire Hazard has been raised whereby the submitter disputes the applicant’s assertion that the proposed development can potentially contribute to a buffer for bushfire hazard purposes as a result of several of the existing trees being removed.	Where tree cover and fuel loads can be reduced, this can lessen the risk of fire hazard and create a greater defendable area during a bushfire emergency.
Loss of Business A submitter has indicated that their successful Air BnB will be adversely affected by the development by the construction phase and by increased traffic and bad reviews.	Construction traffic, noise and times can be managed in part through a construction management plan.
conclusion & REASONS FOR DECISION
The proposed development for Residential Care Facility is generally consistent with the zoning intent for the site and the applicable codes and benchmarks for the development. The proposal will provide a valuable service to the community and has been reasonably designed to blend in with the existing varied streetscape, with the building well-articulated, provision made for wide roof overhangs and significant areas of the site to be landscaped. The proposed car parking on site meets the minimum car parking requirements for the facility and is likely to be sufficient to meet the car parking demands of residents, guests and staff. The application is therefore recommended to Council for approval subject to reasonable and relevant conditions.

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

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	6 APRIL 2021

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Community Facilities Zone Annotations

Utility Installation

Substation

Residential Care Facility

Place of Worship

Emergency Services

Educational Establishment

Community Use

Childcare Centre

Marine Industry (Slipway)

Residential Care Facility, Multiple Dwelling,
Rooming Accommodation, Community Residence

 

 


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Community Facilities Zone Annotations

Utility Installation

Substation

Residential Care Facility

Place of Worship

Emergency Services

Educational Establishment

Community Use

Childcare Centre

Marine Industry (Slipway)

Residential Care Facility, Multiple Dwelling,
Rooming Accommodation, Community Residence

 

 


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PRON OOTARWN =

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Community Facilities Zone Annotations

Utility Installation

Substation

Residential Care Facility

Place of Worship

Emergency Services

Educational Establishment

Community Use

Childcare Centre

Marine Industry (Slipway)

Residential Care Facility, Multiple Dwelling,
Rooming Accommodation, Community Residence

 

 


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PRON OOTRWN=

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Community Facilities Zone Annotations

Utility Installation

Substation

Residential Care Facility

Place of Worship

Emergency Services

Educational Establishment

Community Use

Childcare Centre

Marine Industry (Slipway)

Residential Care Facility, Multiple Dwelling,
Rooming Accommodation, Community Residence