Council archive · source document
Delegated Report - Code - Planning MCU24 0139 (As Published) · MCU24/0139
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Senior Town planner, Andrew Gaffney
Development Assessment
APPLICATION DETAILS
Application No. MCU24/0139
Applicant Delvyn Ringer Pty Ltd Tte
Proposal Material Change of Use - Caretaker’s accommodation,
Research and technology industry
Properly Made Date 5 November 2024
Information Request Date 3 December 2024
Information Response Date 12 March 2025
Decision Due Date 16 July 2025
Report Reviewed & Nadine Gorton 16.07.2025
Finalised By
PROPERTY DETAILS
Property Address 7 Woodland Dr Peregian Beach Qld 4573
RP Description Lot 1153 SP 300041
Land Area 709 m²
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Innovation
Precinct Not applicable
Local Plan Area Coastal Communities Local Plan Area
Overlays Land subject to Acid Sulfate Soils
Assessment Type Code
1. PROPOSAL
The application seeks approval for a Material Change of Use - Research and technology industry
and Caretaker’s accommodation.
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The proposed building is 2 storeys and will contain three tenancies for Research and technology
industry uses and a two bedroom caretakers’ accommodation unit.
At ground level, the building includes the main entrance lobby from Rufous Street, building
amenities, stairs and lifts and 2 tenancies of 78m² and 83m² gross floor area (GFA). Onsite parking
for 7 vehicles (inc PWD) and 4 Motorcycle spaces are located at ground level adjacent to the
eastern side boundary. Parking for 4 motorbikes is also proposed within the Rufous Street
setback.
At first floor, the building contains 1 larger tenancy of 137m² GFA with balconies, a plant and
equipment room of 8 m² and a two bedroom Caretakers accommodation unit, 65m² GFA.
Pedestrian access to the site is provided from Rufous Street via a dedicated pedestrian pathway
(Figures 2 & 3) or directly from the carparking area via a rear door which also accesses directly to
the ground floor lobby and lift.
A Research and technology industry use is defined under Noosa plan 2020 as;
Research and technology industry means the use of premises for an innovative or
emerging industry that involves designing and researching, assembling, manufacturing,
maintaining, storing or testing machinery or equipment.
The applicant submits that the proposed development is a Research and technology industry use
for the following reason:
The design includes a large server room on the first floor to be managed by the onsite caretaker.
The uses for the site are anticipated to be directly related to the Noosa Council’s Peregian Digital
Hub and will allow for tenancies for innovative and emerging industries involving design, research.
The ownership of the site has been recently transferred to (name not published) private ownership
(through a trust). (name not published) is the founder of AtMail, which was one of the first tenants
of the Peregian Digital Hub. (name not published) has spoken frequently about the hub and the
attraction of Research & Technology Industries to the coast through the ‘Silicon Beach’ initiative.
The locality and proposal plan are included below.
Figure 1 – Locality
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FOOTPATH SECTION NOT APPROVED AS PART OF THIS APPROVAL TRUNCATION IN ACCORDANCE WITH CONDITIONS 1 & 2 OF THIS APPROVAL FOOTPATH TO BE FLOOR i ABBREVIATION LEGENI z [IKE RACKS , = ‘Tamm PVE OY HYDRAUUC ENGINEER i Ele Eectwet bonrasemaces ~ fee ornare senwce ® = Se ervaten | ono | Se Tne i yf _ Ney i - 3 GF.LOBBY I i | 8 38m" ! & rey, 5 5 enaney t 1908 ah “> & RESEARCH & TECHNOLOGY INDUSTRY . — I Phas Tame ele[sl | Y | c 8 rrr ! } v00! | %, ¢ ey & ’ oa ——— puseasace | “an, 1 L----. | em (> z i ae . al z PROPOSED CARPARK 1 a i i ey Nas , rewiev2 1 : ! > RESEARCH 8 TECHNOLOGY INDUSTRY “| | gi ; eon | ‘ i , . | | . 3 3 : ° 1 2 3 4 5 6 \7 = Ay Soman | p & | ~ |S] | \ ra & es) a , Lp | fay «vs aipered Lie fs, 1) s crmonias wats, | NEW DEVELOPMENT: PROPOSED - a on ROUND FLO Page 3 of 25 Document Set ID: 23369912 Version: 4, Version Date: 21/07/2025
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Figure 3 – Floor Plan
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Figure 4 – Elevations
2. APPLICATION BACKGROUND
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3. SITE DETAILS
3.1. Site History
12 March 2024 - Council approved a code assessable application for a Caretaker’s
Accommodation & Offices (MCU23/0008).
Development approval MCU23/0008 was for a building of a similar size (323 square metres GFA)
and 11 on site car parking spaces. In accordance with Noosa plan 2020 the proposed development
was required to provide car parking at the rate for ‘office’ uses at 1 space per 20 square metres of
gross floor area.
3.2. Site Description
The site is vacant and is mostly grassed. A portion of the concrete driveway for the neighbouring
property is located on the eastern side boundary of the site and is covered by an easement.
The site is generally level with a slight fall towards the site’s southern boundary. It is an irregular
shaped lot generally, with a 6.7m frontage to Woodland Drive and a stepped 45m frontage to
Rufous Street.
3.3. Surrounding Land Uses
The site is adjoined on its eastern boundary by the former Telstra building with the Digital Hub and
Peregian Community House located further toward David Low Way. To the south is the new
community facility, community garden, tennis courts and kindergarten. To the west is the Peregian
sports grounds with residential housing located to the north along Woodland Drive.
4. ASSESSMENT
4.1. 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; and
• Noosa Plan 2020 (25 September 2020).
4.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Innovation Zone Code;
• Coastal Communities Local Plan Code;
• Caretaker’s Accommodation, Dwelling Unit & Rural Worker’s Accommodation Code;
• Industry Activities Code;
• Works Codes; and
• Acid Sulfate Soils Overlay Code.
The subject site is located in Peregian Beach and is zoned Innovation. The proposed use is a
consistent use within the zone and is required to follow a code assessable application process.
Coastal Communities Local Plan Code
The following overall and performance outcomes are most applicable to the proposed
development:
(z) Development in Peregian Beach –
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(iii) maintains Peregian Beach Local Centre’s ‘signature’ informal village-like atmosphere,
featuring a low key, attractive village square that distinguishes the Peregian Beach
Local Centre from other centres in the local plan area and the wider region.
Development and redevelopment maintains the existing strong sense of place and
the centre’s function and capacity to provide a public focus for local community
interaction and activity.
(iv) provides a slightly wider range of employment opportunities than other parts of the
local plan area due to its more distant separation from a major urban centre.
(v) in the Innovation zone includes the digital hub and other professional services for
local businesses both within and outside the local plan area as well as providing
employment opportunities in the digital and creative technology sectors.
PO7
Buildings, structures and landscaping are consistent with and reflect the beachside character of
the local plan area in terms of form, composition and use of materials.
AO7.1
For residential buildings, roof form is visible from the street and not concealed behind parapets..
AO7.3
Development uses understated colour schemes and low-reflective roofing and cladding
materials.
AO7.4
Development provides for boundary setbacks to retain existing mature trees and incorporate new
landscaping into development design.
AO7.5
Buildings are designed to:
a) suit the local subtropical climate;
b) incorporate a mix of lightweight and textured external building materials, including
timber finishes with variation provided in texture, detailing and articulation;
c) incorporate verandahs, open balconies with transparent or open balustrades or shaded
patios for outdoor living; and
d) allow for landscape integrated with the buildings on site.
AO7.6
Boundary setbacks provide space for trees between buildings.
Assessment
The proposal is consistent with the Local Plan Area Code, with the built form generally reflective
of its beachside character in terms of roof form, use of a mix of light weight and textured external
building materials providing variation in texture, detailing and articulation.
Extensive use of balconies has been made and while some are partly enclosed to provide shading
from the western afternoon sun, they together achieve some visual interest. The proposed building
setbacks provide opportunities for landscaping and planting of trees to visually frame and soften
the built form consistent with existing development in the area.
Additional conditions are included to ensure the building includes landscape screening to the
Rufous Street frontage.
Innovation Zone Code
The subject site is zoned Innovation and is intended to be developed for a range of innovation,
creative and knowledge based industries as set out in the overall and performance outcomes of
the Innovation Zone Code below:
2(a) Uses are facilitated that promote knowledge creation, education and entrepreneurial
activity that diversify our economy such as science and technology, research and
development and other innovative activities.
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(b) Development includes advanced manufacturing technologies, servicing or research and
analysis related to industries which are identified as priority sectors in the Noosa Local
Economic Plan to enhance the local and regional economy.
PO1
Development provides for a range of innovative, creative and knowledge based industries and
business activities that diversify our economy and offers locally based employment opportunities.
Editor’s Note: examples of suitable industries above include:
• additive manufacturing (3D printing)
• robotics and automation
• advanced materials
• artificial intelligence and machine learning
• nanotechnologies
• biotechnologies
AO1
Development is aligned with and ensures employment opportunities are offered in one or more
the following priority sectors:
a) digital economy;
b) creative industries;
c) knowledge industries;
d) science, research and technology;
e) environmental industries; and
f) education and training.
PO2
The business use or activity is of a scale and intensity compatible with existing development
nearby.
PO3
Development ensures that:
a)employment opportunities are offered in the digital economy; and
b)economic opportunities for knowledge based businesses are broadened through
specialised buildings being established in the zone.
Assessment
Both the overall outcomes 2(a), (b) and performance outcomes PO1 & PO3 of the Innovation Zone
Code seek uses in the Innovation zone to include a range of innovative, creative and knowledge
based industries and business activities.
The previous development approval (MCU23/0008) included a condition which ensured that the
approved uses were not able to interchange for alternative uses such as a post office, bank or real
estate agent in the future. This condition is still relevant to the site to ensure the site is continued
to be used for Research and technology industry related uses into the future.
Criteria Planning Scheme Proposal Complies
Building height
• storeys 2 storeys max 2 storeys
• metres 8 metres 7.8 metres
Is compatible with
Site cover and Gross 345m² = 48% site cover
surrounding development.
Floor area
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Criteria Planning Scheme Proposal Complies
Examples of surrounding site 297m² GFA for ground and
area (Council planners’ first floor (Tenancy 1 & 2)
calculation)
1. 5 Woodland Dr (Telstra): and first floor Tenancy 3)
23% 65m² for Caretakers unit.
2. Peregian Beach
Community House (lot 1) : Site total = 362m²
44%
3. Digital Hub: 39%
4. Peregian Beach
Community House (lot
3):12.4%
5. 247 David Low Way
(office): 41.3%
6. 9 Woodland Drive
(residence): 30%
7. 255 David low way – 56%
Does not present an
appearance of bulk;
Allows for additional soft
landscaping;
Allows for at ground level
outdoor recreation,
entertainment and other
site facilities; and
Facilitates onsite
stormwater management
and vehicular access
Plot ratio 0.8:1 max (567m² gross 0.5:1 (362m² gross floor
floor area) . area)
Boundary setbacks
Frontage
6.0 metres min 4.5 - 12.6 metres X
Rufous street
3.0 metres to any other 3.0 metres
Side (south)
boundary
2.0 metres X
Side (north east)
Length of wall 15 metres max 17 metres (eastern wall X
upper level)
Landscaping
Soft landscaping 10% min Approx. 205 m² / 28%
Landscaping Setbacks 3.0m along boundaries <3.0 metres for frontages X
adjoining road frontages to Rufous street.
1m along boundaries <0.8 metres for other
X
adjoining a property in any frontages to land not
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Criteria Planning Scheme Proposal Complies
zone other than the contained in the Innovation
Innovation Zone Zone (southern boundary).
Carparking 1 covered space for 1 uncovered X
caretaker (1 space)
1 space per 50m2 for 6 uncovered
Research and office space
(6 spaces) – excludes server,
building services and cooling areas
Motorcycle Spaces 1 space per 100m2 = 4 4 Motorcycle spaces X
Motorcycle spaces (conditioned to be
amended and relocated).
Bicycle Spaces 4 bicycle spaces 4 bicycle spaces
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Setbacks - Front and side setbacks
Acceptable Outcome AO8 of the Innovation Zone Code states:
AO8 -Buildings and other structures are set back:
• 6 metres to any road frontage;
• 3 metres to any other boundary unless where adjoining the Environmental
Management and Conservation Zone where the setback is no less than 5 metres
The applicant is proposing a range of building setbacks from 4.5 - 11.6 metres and as such does
not comply with AO8 of the Innovation Zone Code. The proposal is therefore required to comply
with corresponding Performance Outcome PO8 of the Innovation Zone Code, which states:
PO8 Buildings and other structures are appropriately designed and sited to—
a) provide amenity for users of the premises, as well as preserve the visual and acoustic privacy
of adjoining and nearby land uses;
b) provide adequate separation distance from adjoining land uses;
c) allow space for required vehicle parking;
d) allow for landscaping between buildings including the preservation of existing vegetation that
would buffer or complement the proposed building;
e) avoid large areas of continuous wall planes by varying the building setbacks and using
appropriate techniques to provide visual relief.
Assessment
The proposed building encroaches into the front 6.0 metre setback to Rufous Street with a 4.5
metre setback shown for this frontage. The proposal also falls short of the 3.0 metre setback to
‘other boundaries’ with the eastern side elevation setback at 2.0 metres with the roof overhang at
1.75 metres.
The relatively small site area (709m²) combined with the triangular shape of the lot concentrates
the more viable developable portion of the site to its southern extent, which has in part contributed
to the setback non-compliance. The proposed setbacks are reasonable given the site has 2 road
frontages, a wide road reserve to Rufous Street and opportunities for landscaping extending along
the majority of the building street facade.
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While the proposed eastern setback is also less than the required 3.0 metres, the proposal includes
landscaping at ground level and a series of windows (1.5 metre sill heights) and external fixed
screens at the upper floor level which is a reasonable design response given the existing and future
uses anticipated (5 Woodland Drive is the Telstra Exchange building also contained within the
Innovation zone) and measures to ensure appropriate privacy between sites.
The proposed development complies with PO8 of the Innovation Zone code.
Landscape setbacks
Acceptable Outcome AO16 of the Innovation Zone Code states:
AO16
The minimum area required for providing landscaping is no less than 10% of the site area with
the following minimum dimensions:
• 3 metres width along boundaries adjoining the road frontage;
• 1 metre width along boundaries adjoining a property in any zone other than the
Innovation Zone.
The applicant is proposing less than 3.0 metres to a frontage and less than 1.0 metres to adjoining
boundaries and as such does not comply with AO8 of the Innovation Zone Code. The proposal is
therefore required to comply with corresponding Performance Outcome PO16 of the Innovation
Zone Code, which states:
PO16
Sufficient landscaped areas are provided to:
a) enhance the visual amenity and natural landscape character of the area, streetscape
and local area;
b) retain existing native vegetation and enhance buffer areas around property
boundaries;
c) suit the relative size and nature of the development and its setting;
d) reduce the visual impact of large or bulky structures;
e) conceal service, car parking and loading areas of developments; and
f) screen incompatible land uses.
Assessment
The two areas of noncompliance relate to the south eastern side boundary, which includes a 0.8m
landscape setback to the adjoining site contained within the Recreation and open space zone and
the width of landscaping to Rufous Street resulting in less than 3.0 metres landscaping to the street
frontage. This area contains seating and bike racks which restricts planting in these areas.
The application has been amended to accommodate additional landscaping width to the Rufus
Street frontage which now provides predominately a 3.0 metre wide landscaped buffer presentation
to the street.
The proposed landscaping area within the site is more than the required minimum 10% (or 70m²)
site area and will be more than the required 15% required under the Noosa Plan 2020 Amendment
2. The driveway is positioned in the same location as previously approved and includes landscape
areas on either side of the crossover to assist with softening the extent of driveway pavement into
the site.
The landscaping noncompliance’s are minor and the layout is a reasonable design response based
on the extent and length of frontages and site shape.
Conditions will be included to reposition the 2.0 metre paling fence along the southern side
boundary to be within the site to provide a minimum 1.0 metre screening buffer along this boundary
as well as to increase the width of the screening landscaping adjacent to Tenancy 1 to be a
minimum of 2.0 metres to soften the appearance of the building elevation at this location.
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Length of elevation
Acceptable Outcome AO12.2 of the Innovation Zone Code states:
AO12.2 Elevations are no longer than 15 metres without articulation of at least 0.75 metres and
present changes in textures and materials to break up building facades.
The applicant is proposing elevations and facades more than 15 metres length relevant to the
eastern side boundary and as such does not comply with AO12 of the Innovation Zone Code. The
proposal is therefore required to comply with corresponding Performance Outcome PO12 of the
Innovation Zone Code, which states:
PO12
Buildings and other structures present a high quality design with building elements and forms
that:
(a) are consistent with the bulk and scale of buildings on adjoining and nearby land;
(b) break down the facade into finer scaled components;
(c) provide strong visual relationships to public open space in the vicinity;
(d) create pedestrian scale and visual interest;
(e) present subtle changes in colours, textures and materials to break up the building facades;
(f) integrate signage with the building design; and
(g) integrate landscaping into the building design and car parking areas.
Assessment
The proposal is consistent with the height and scale of nearby buildings within the Innovation zone
and incorporates variation to its façade to achieve some interest which complies with PO12.
The eastern facade (upper level) is approximately 17 metres in length (Figure 5) however is not
highly visible from roadways and includes a series of upper level fixed screens which visually
connects to a curved screening element to assist with articulating the upper level façade line.
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Figure 5 – Eastern elevation
The fixed screens are set approximately 1.1 metres from the side boundary and are a suitable
lightweight architectural feature that adds a degree of visual interest and reduces the perceived
length of the façade. Other building facades incorporate finer-scale elements such as balconies,
varied materials, and finishes.
Considering the eastern façade is a side boundary and the remaining facades comply with design
requirements fronting Rufous Street and the Recreation and Open Space zone, the proposal
represents a reasonable design outcome and satisfies PO12.
Industry Activities Code
The use of the site for research and innovation purposes complies with the code as it is proposing
low key Innovative and emerging industries which will not have significant impacts etc to the
surrounding area. The site is contained within the Innovation zone and substantially complies with
the outcomes sought under the code.
Caretaker’s Accommodation, Dwelling Unit and Rural Workers Accommodation Code
Officers raised concern that there did not appear to be a genuine need for the proposed caretaker’s
accommodation. S9.3.2.2 states:
(b) Caretaker’s accommodation is used for genuine caretaking or property management
purposes.
Table 9.3.2.3 states:
Performance Outcome Acceptable Outcome
PO2 AO2.3
Caretaker’s accommodation is used for bona In the Innovation Zone caretaker's
fide caretaking or property management accommodation is:
purposes such that: a. directly associated with and subordinate
a. in the Rural zone, caretaker’s to a non-residential activity on site; and
accommodation is required because of b. not separately let for other
the need to caretake a non-residential accommodation activities.
activity on site; or
b. in the Low Impact Industry zone, the
Medium Impact Industry Zone or the
Innovation Zone, caretaker's
accommodation demonstrates the need
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for 24 hour care of buildings,
operations, plant or equipment.
Assessment
The applicant submits:
As per the previous approval for the site, the research and technology industries require
specialised servers and equipment on the site. This equipment is required to be secure, and the
caretaker’s residence provides for an additional layer of security for the premises and the wider
precinct – with eyes on the park and street to avoid loitering. The caretaker unit was also approved
as part of the existing development on the site.
The applicant’s submission is reasonable as the use of the caretaker unit will be associated with
the Research and technology server room (Tenancy 3). It is recommended that the server room
and building services area be included on the same title as the caretaker’s accommodation to
ensure the uses are linked.
Conditions have been included to support the proposed outcome.
Works Code - Driveways and Car Parking Code
The Driveways and Car Parking Code requires 1 space for the Caretaker’s accommodation and 1
space per 50m2 of GFA for the Research and technology use (6 spaces). A total of 7 spaces,
excluding the lobby and building services.
The proposal includes 7 car parking spaces and 4 motorcycle spaces based on a use area of
274m².
Development Engineering have raised concerns that the location of the Motorcycle spaces (at the
building frontage) do not work from a manoeuvrability and access viewpoint and are not supported.
The applicant has been unable to accommodate an alternative location and therefore notations will
be included to delete spaces which block access to the bike racks and pedestrian access to the
building lobby.
Given that 1 parking space is designated for the Caretakes accommodation unit which could be
used for either a passenger vehicle or motor cycle, the remaining use area of 274m² requires 3
motor cycle spaces. The smaller size of the total development (274m² of use area) and the
intention that the entire upper floor tenancy is to be used as a data room connected to the Peregian
digital hub, it is accepted that a lesser provision of two onsite Motor cycle spaces is sufficient to
meet the required outcome.
The plans will be annotated to delete the proposed 4 spaces and replace with 2 Motorcycle spaces
to be shown on subsequent Operational Works applications (condition 31).
While concern is also raised that the tenancies could potentially convert to offices which
contributes to additional car parking requirements, the applicant advises the tenancies will be for
Research and technology use and operated by the caretaker, limiting the potential for additional
car parking demands. Conditions are included to reinforce that the Research and technology use
can only interchange for other related uses and that the use of the Caretakes accommodation is
unable to be individually titled or used by other parties not employed at the site.
5. CONSULTATION
5.1. Referral Agencies
The application was referred to the following Referral Agencies:
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• Department of State Development, Infrastructure and Planning (SARA) The Department is a
referral agency for Schedule 10, Part 4, Division 3, Table 1, Item 1 (10.4.3.1.1) -
Contaminated land (unexploded ordnance)
The Department is a referral agency for UXO and provided a response to the application on 2
December 2024. The Department has responded with conditions requiring the site is investigated
by a qualified person and if required, remediated and cleared of unexploded ordnances.
5.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Development Engineer, Development Assessment
Rufous Street Precinct Master Plan
Council’s Rufous Street Precinct Master Plan details a pedestrian footpath for the full length of the
Woodland Drive and Rufous Street frontages. In accordance with the Precinct Master Plan, PSP6
– Engineering Design Standards and the Transport Code, a 2.0m wide footpath must be provided
along the full extent of the frontage of the site. The applicant did not provide Council with adequate
plans detailing the required footpath. Engineering believes that the inclusion of a footpath can
reasonably be conditioned and administered through an Operational Works application.
A truncation is necessary in order to construct a RS-065 compliant footpath that is wholly located
in Council’s road reserve. The north-western property boundary must be extended to the south-
western property boundary. The extended property boundary and the existing property boundary
must be truncated with a 6 metre by 3 chord. The severed land must be dedicated to Council as
road reserve.
Conditions have been provided for inclusion.
• Senior Environment Officer, Development Assessment
The site is considerably constrained due to the shape and size of the lot. Landscaping has been
concentrated along the main road frontage to provide softening to the built form.
The applicant has provided a landscape outcome that incorporates landscape to all boundaries of
the development site.
Very basic concept landscape plans provided as part of the response to RFI have been included
as referenced documents. These plans provide for an articulated fence along Rufus Street frontage
and the inclusion of large and medium trees throughout the development.
A future operational works landscape has been conditioned.
Conditions have been provided for inclusion.
6. CONCLUSION & REASONS FOR DECISION
It is acknowledged that the site’s shape and smaller area presents a number of design challenges
to enable a viable commercial proposal while addressing the Noosa plan 2020 requirements
particularly in relation to building setbacks and onsite parking provision. The use of the site for
Research and technology industry is encouraged under the planning scheme and will support the
ongoing development of the Peregian digital hub.
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU24/0139 for a Material Change of Use - Research and
technology industry and Caretaker’s accommodation situated at 7 Woodland Dr Peregian Beach
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Qld 4573 and described as Lot 1153 SP 300041, it is recommended the application be approved
in accordance with the following details for the Decision Notice:
8. APPLICATION DETAILS
Application No: MCU24/0139
Street address: 7 Woodland Dr Peregian Beach Qld 4573
Real property description: Lot 1153 SP 300041
Planning Scheme: Noosa Plan 2020 (25 September 2020)
9. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Material Change of Use - Research and technology industry and
Caretaker’s accommodation.
10. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
11. ASSESSMENT MANAGER CONDITIONS
RECOMMENDATION
With regard to Application No. MCU24/0139 for a Development Permit for Material Change of Use
- Research and technology industry and Caretaker’s accommodation situated at 7 Woodland Drive,
Peregian Beach approve the application subject to the following conditions:
When Conditions must be Complied With
1. 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.
Currency Period
2. This development approval lapses if the use has not happened by 16 July 2031 unless an
application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Operational Works.
Plan No. Rev. Plan/Document Name Date
2.1 - Proposed Ground Floor - prepared by M 13.06.2025
design
Annotated by Noosa Council
2.2 - Proposed First Floor plan - prepared by M 13.06.2025
design
Annotated by Noosa Council
2.3 - Proposed Roof Plan - prepared by M design 13.06.2025
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2.9 - Proposed Car parking - prepared by M 13.06.2025
design
Annotated by Noosa Council
4.1 - Elevations (north and east) – prepared by 13.06.2025
M design
4.2 - Elevations (south and west) – prepared by 13.06.2025
M design
Nature and Extent of Approved Use
4. The approved use must not operate outside the hours of 7am to 9pm Monday to Saturday
and not all on public holidays.
5. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at
all on Sundays or public holidays. The requirements of this condition must be included in the
Community Management Statement for any body corporate for the subject site.
6. The caretaker’s accommodation must be occupied by a suitably qualified person(s) directly
associated with the Research and technology industry use and be responsible for the
ongoing operation and maintenance of the building services, servers and cooling units. The
accommodation unit must not be separately used for any accommodation not associated
with the above.
7. The research and technology use must include advanced manufacturing technologies,
servicing or research and analysis related only to one or more of the following employment
sectors and as defined in Table 1 below;
a) Digital economy
b) Creative Industries
c) Knowledge industries
d) Science, research and technology.
e) Environmental industries
f) Education and training
TABLE 1
Sector Examples
Digital economy For innovative and knowledge based industries that include
research into and production of computer and software, digital
technology including content, audio visual, media and digital media
including game developers, visual effect creators, web designs, film
and television, smart technology research and post production
activity.
Creative industries For innovative and knowledge-based activities that may include
visual arts; writing, small scale printing and publishing; music
composition, production and publishing; reproducing of recorded
media and small scale industrial design in studios or offices.
Knowledge For innovative and knowledge-based activities involved in the
industries manufacturing of and studying of health biotech, information
technology, aeronautical engineering, computer component
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manufacturing, electronics software, material and textile science,
medical equipment, medical prosthetics and bionics, avionics,
neuroscience, and sports science technologies.
Science, research For research and development of block change and digital currency,
and technology Artificial Intelligence (AI), , robotics, and other emerging areas of
research, development, and technology.
Environmental Research into the conservation, prevention and control of global
industries food production and food security, small-scale renewable energy
research services and product development, climate change and
carbon trading with the development of understanding
environmental issues in a studio or office environment.
Education and Education and training where it is subordinate to one or more of the
training employment sectors identified in this Table.
Building Height
8. The maximum height of the development must not exceed 8.0 metres above the ground
level.
9. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
Performance Bond
10. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 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
11. 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
12. External design features, materials and finishes must be as shown on the Approved Plans,
with no inclusions or alterations made without approval in writing by Council.
13. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface.
14. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
the like thus remaining as open structures.
15. All balustrades to decks and balcony areas must be open or transparent.
16. External colours and finishes must be of an understated colour scheme and low-reflective
roofing and cladding materials.
17. All mechanical equipment and other service infrastructure located on the site must be:
a. located not less than 2 metres from a property boundary
b. 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.
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18. No part of the site may be used for outdoor storage of materials.
19. Waste storage areas, loading docks and outdoor service areas are screened by landscaping
or fencing and situated to the rear of the building.
Fencing and Walls
20. Any fencing must not exceed 1.8 metres in height, be set back an average of 1 metre and
articulated to provide visual interest by stepping the design. Any fencing within the Rufous
street setback must either:
a. not exceed a maximum height of 1.2 metres;
b. be of open construction.
21. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Landscaping
22. The development site must be landscaped in accordance with the Noosa Plan 2020 PSP2 –
Landscaping. 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:
a. Landscape to all areas of garden bed identified on the referenced preliminary
landscape plan.
b. a 2.0 metre wide screening landscaping strip along the Rufous Street road frontage of
the subject site with no fencing located behind the landscape, exclusive of the access
driveway, generally uncompromised by infrastructure items
c. a 1.0 metre wide screening landscaping strip along the southern side boundary of the
subject site with fencing located behind the landscape, exclusive of the access
driveway, generally uncompromised by infrastructure items
d. a 1.0 metre wide vegetated screening of any electrical transformers, bin storage areas
and the like from the road frontage
e. Plant species selected from the Noosa Plan 2020 PSP2 – Landscaping
23. 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.
Waste Management
24. A waste storage area must be designed and maintained in accordance with Planning
Scheme Policy PSP9 Waste Management and the Noosa Plan’s Waste Management Code.
The waste storage area must be:
a. imperviously paved and correctly sized for all refuse and recycling containers;
b. bunded and graded so that wastewater and bin leakage drain to the sewer;
c. provided with a conveniently located hosecock and backflow prevention device,
connected to a water supply to service the area; and
25. A Waste Management Plan must be prepared that details the type and quantity of waste
material that is likely to be generated by the development; where and how the waste will be
stored, disposed of and procedures for handling the waste. The Waste Management Plan
must be submitted and approved by Council prior to the issue of a Development Permit for
Operational Works.
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Community Management Statement
26. 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.
27. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
a. The area for Building Services, Server and Cooling Units shown on the approved plans
must be included on the same lot as the Caretaker’s Accommodation and be operated
and maintained by the caretaker for the use of the office tenancies.
Truncation
28. The north-western property boundary must be extended to the south-western property
boundary. The extended property boundary and the existing property boundary must be
truncated with a 6 metre by 3 chord generally in accordance with M Design’s Site Plan –
Proposed (1.1, Rev. D) dated 13 June 2025. The severed land must be dedicated to Council
as road reserve.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
External Works
29. Rufous Street 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, be generally in
accordance with M Design’s Site Plan (1.2, Rev. D) dated 13 June 2025 and must include in
particular:
a. construction of a 2.0m wide pedestrian footpath in accordance with the conditions of
this Decision Notice; and
b. truncation of the existing property boundary in accordance with the conditions of this
Decision Notice.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Site Access and Driveways
30. A sealed access driveway must be provided from Rufous Street to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval, be generally in accordance with M Design’s Site Plan (1.2,
Rev. D) dated 13 June 2025 and must include in particular:
a. a driveway crossover in accordance with RS-051.
Car Parking
31. A minimum of 7 car parking spaces and 2 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, be
generally in accordance with “Ground Floor Dwg: 202D” dated 26 February 2024, and must
include in particular:
a. 1 carparking space within the total, clearly marked the caretaker accommodation;
b. 1 disabled parking space/s within the total; and
c. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
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32. 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.
Pedestrian and Bicycle Facilities
33. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval, be generally in accordance
with M Design’s Site Plan (1.2, Rev. D) dated 13 June 2025 and must include in particular:
a. a 2.0-metre-wide footpath within the road verge for the entire length of the site’s
frontage to Rufous Street – the footpath:
i. may be reduced in width to a minimum of 1.8m, only in locations where a 2.0m wide
footpath would impede on minimum clearances from existing services and
infrastructure (i.e., bioretention basin) or create a trip hazard for pedestrians; and
ii. must be located to achieve maximum clearances from the existing bioretention
basin in Rufous Street and be wholly within Council's road reserve.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Stormwater Drainage
34. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge in the Rufous Street road reserve. The works must be undertaken in accordance
with an Operational Works approval.
Easements
35. 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.
36. 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.
37. 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
38. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, 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.
39. 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.
40. 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
41. 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:
b. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
c. where otherwise, upon completion of the works associated with the development.
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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.
12. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
1. Equitable Access and Facilities
a) The plans for the proposed building work have NOT been assessed for compliance with
the requirements of the National Construction Code - Building Code of Australia (Volume
1) as they relate to people with disabilities. Your attention is also directed to the fact that
in addition to the requirements of the National Construction Code as they relate to people
with disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
1. the Anti-Discrimination Act 1991 (Queensland); and
2. the Disability (Access to Premises – Buildings) Standards.
Building and Construction Industry (Portable Long Service Leave) Levy
2. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
3. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
4. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. Traffic management during all phases of construction;
b. Adequate parking arrangements for works and deliveries;
c. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
d. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
Advertising Devices
5. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All freestanding,
pylon or pole signs or signage that is illuminated requires approval from Council prior to being
installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
prohibited from being erected in the Shire.
Development Compliance Inspection
6. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Sustainability
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7. Council encourages sustainable and energy efficient building design for all development,
including the use of sustainable building materials, energy efficient fittings, solar hot water,
photovoltaic systems (including the use of inverter/charges), solar panels, water saving
devices and rainwater harvesting.
13. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
1.1 D SITE PLAN – PROPOSED 13 June 2025
Prepared by M Design
1.2 D SITE PLAN 13 June 2025
Prepared by M Design
2.9 D PROPOSED – CARPARKING 13 June 2025
Prepared by M Design
2.11 C Preliminary Landscape Plan, prepared by, M 11/03/2025
Design
14. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
address
Concurrence SARA at DILGP SARA Schedule 10, Part 4, The agency provided its
at DILGP Via MyDAS2 Division 3, Table 1, Item response on 2
at https://prod2.dev- 1 (10.4.3.1.1) – December 2024
assess.qld.gov.au/suite Contaminated premises (Reference No. 2411-
/ (for assistance, (unexploded ordnance) 43501 SRA). A copy of
contact DILGP at 5352 (Planning Regulation the response is
9701 or attached
2017)
email:[email protected]
15. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Advertising Devices
1. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All freestanding,
pylon or pole signs or signage that is illuminated requires approval from Council prior to being
installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
prohibited from being erected in the Shire.
Infrastructure Charges
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2. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
3. Performance Bond Agreement An applicant for a development application may make an
agreement with an assessment manager, referral agency or other person to establish the
responsibilities, or secure the performance, of a party to the agreement about a development
condition.
Building and Construction Industry (Portable Long Service Leave) Levy
4. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
5. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
6. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. Traffic management during all phases of construction;
b. Adequate parking arrangements for works and deliveries;
c. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
d. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
16. PROPERTY NOTES
Not applicable.
17. VARIATION APPROVAL DETAILS
Not applicable.
18. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Roadwork/ Frontage Works, Carparking and
access, Stormwater, Drainage work, Earthworks,
Landscaping, Signage
Development Permit for Building Works All building work.
19. SUBMISSIONS
Not applicable.
20. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
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During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
21. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
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