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                       AGENDA


              Special Meeting


             Wednesday 5 June 2019

                 commencing at 11.00am
         Council Chambers, 9 Pelican Street, Tewantin



Committee:   Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson,
             Joe Jurisevic, Frank Pardon, Brian Stockwell, Frank Wilkie



                    “Noosa Shire – different by nature”
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Section 2

SPECIAL MEETING AGENDA                                            5 JUNE 2019


TABLE OF CONTENTS



ITEM                                                                      PAGE

ATTENDANCE & APOLOGIES                                                       -

REPORTS

1.     MCU18/0204 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF
       USE FOR ENTERTAINMENT AND DINING BUSINESS TYPE 1- FOOD AND
       BEVERAGE AND RETAIL BUSINESS TYPE 2 SHOP AND SALON AT 6 HERON
       STREET PEREGIAN BEACH                                                 3

2.     PLANNING & ENVIRONMENT COURT APPEAL 4066 OF 2017 – 215 DAVID LOW
       WAY, PEREGIAN BEACH – PROPOSED SETTLEMENT CONDITIONS                 44

MEETING CLOSURE                                                              -




                                                                  Page 2 of 58

Section 3

SPECIAL MEETING AGENDA                                                                         5 JUNE 2019


1.                       MCU18/0204 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
                         ENTERTAINMENT AND DINING BUSINESS TYPE 1- FOOD AND BEVERAGE AND
                         RETAIL BUSINESS TYPE 2 SHOP AND SALON AT 6 HERON STREET PEREGIAN
                         BEACH
Document i nformati on




Author                           Coordinator Planning, Patrick Murphy
                                 Environment and Sustainable Development

Index                            ECM/ Application/ MCU18/0204

Attachments                      1.   Proposal Plans
                                 2.   Approved plans for MCU11/0266


            APPLICATION DETAILS
            Applicant                         Andema Pty Ltd TTE
            Proposal                          Material Change of Use – Commercial Business Type 1 –
                                              Office, Entertainment and Dining Business - Type 1 Food &
                                              Beverage and Retail Business - Type 2 Shop & Salon
            Properly Made Date                19 December 2018
            Information Request Date          1 February 2019
            Information Response Date         30 April 2019
            Decision Due Date                 5 June 2019


            PROPERTY DETAILS
            Property Address                  6 Heron St Peregian Beach Qld 4573
            RP Description                    Lot 69 P 9313
            Land Area                          271m²
            Existing Use of Land              Single storey building - currently vacant


            STATUTORY DETAILS
            SEQRP Designation                 Urban Footprint
            Locality                          Eastern Beaches Locality
            Zone                              Neighbourhood Centre Zone
            Overlays                          N/A
            Assessment Type                   Code


RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 13 June 2019 regarding application MCU18/0204 for a Development Permit for
Material Change of Use Entertainment & Dining Business - Type 1 Food & Beverage, Retail
Business - Type 2 Shop & Salon and Commercial Business Type 1 - Office, situated at 6 Heron
Street Peregian Beach and:


                                                                                               Page 3 of 58

Section 4

SPECIAL MEETING AGENDA                                                                 5 JUNE 2019


A.   Refuse the application for the following reasons:
     1.       The proposed development is contrary to the Overall and Specific Outcomes of the
              Eastern Beaches Locality Code as the development is not compatible with the
              preferred built form outcomes as:
              i.     The proposed building height exceeds 8.0 metres and 2 storeys and is not
                     consistent with structures on adjoining and surrounding land nor responsive to
                     the informal beachside character of the locality;
              ii.    The development presents as a 3 story building and does not contribute to an
                     informal village-like atmosphere that engenders a ‘sense of space’ and public
                     focus for local community interaction and activity;
              iii.   The proposed development will visually dominate the street, adjacent properties,
                     surrounding spaces and the existing skyline;
              iv.    The proposed development exceeds the allowable plot ratio and results in a
                     building which presents an appearance of excessive bulk to adjacent properties,
                     roads and other areas in vicinity of the site.
              v.     The proposed development does not present subtle changes in colours, textures
                     and materials to break up the building facades.
     2.       The development is contrary to the Driveways and Carparking Code as the proposal
              does not provide any car parking on site and the car parking demand is likely to exceed
              the car parking demand generated by the previous use of the site for a grocery store.
B.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


REPORT
1.   PROPOSAL
The application proposes to redevelop the site by demolishing the existing building and
constructing a three storey building. It is proposed to use the building for Commercial Business
Type 1 – Office, Entertainment and Dining Business - Type 1 Food & Beverage and Retail
Business - Type 2 Shop & Salon.
The applicant advises that the breakdown of use areas is as follows:
Ground floor
    70m2 restaurant including a 16m2 external dining area which is partly located within the
     property boundaries; and
    81.5m2 retail area
Upper floor
    Additional 59m2 retail space; and
    Three office units (totalling 86m2);
Roof top
    53m2 roof top terrace area.
In summary, these areas equate to the following total use areas:
    Retail Business Type 2 – Shop & Salon: 141m2
    Entertainment & Dining Type 1 – Food & Beverage: 111m2 (inclusive of roof top terrace)
    Commercial Business Type 1 – Office: 86m2
The application includes use of the roof terrace for restaurant dining from 7.00am until 9:00pm
seven days a week. Works within the road reserve include the relocation of the street furniture
shaped as a ‘whale table’ and re-location of a bench seat.
                                                                                       Page 4 of 58

Section 5

SPECIAL MEETING AGENDA                                                                 5 JUNE 2019


The proposal plans are included in Attachment 1.
2.    SITE DETAILS
2.1. Background
The Peregian Beach village includes a variety of shops, restaurants and offices for residents and
visitors to the area. Peregian Beach village includes no on-site parking with development in the
village reliant on street car parking.
TPC 269
On 22 February 1972, Council approved five Shops. The development comprised a standard block
type building with 100% site coverage. The use of the building since has been for the purpose of
a convenience store.
MCU11/0266
On 7 June 2012, Council approved a Development Permit for a Material Change of Use
(Commercial Business Type 1 Office, Entertainment and dining Business Type 1 Food & Beverage
& Retail Business Type 2 Shop & Salon).
The approved structure comprised a two-storey building with a mixed restaurant & shop on the
ground floor, and office tenancies on the first floor. The approval allowed for a plot ratio of 1.71:1
which is in excess of the 0.8:1 required by the scheme.
A roof top terrace was also approved for the use of tenants only. A condition of approval was
included specifically prohibiting the use of the terrace for any restaurant or shop use.
A copy of the approved plans is provided as Attachment 2.
On 6 April 2016, Council approved an extension to the relevant period granting an additional
currency period of 4 years. The approved development lapses if the use has not happened by 5
June 2020.
On 5 May 2017 a minor change application was made which sought to change the existing
approved development on the site. The proposed changes included an extensive redesign of the
building façade and floor layout to facilitate the transfer of floor area to several of the approved
uses and tenancies. The proposed change resulted in a Gross Floor Area (GFA) increase from the
approved 454m2 to 488m2, total use area decrease from 386m2 to 375m2, and a site cover increase
from 83% to 100%.
Concerns were raised with the applicant with the form of the new development and advice was
provided that the application would not be supported at officer level due to:
     The appearance of the building not in keeping with Peregian Beach village;
     The inclusion of a third storey;
     The increased GFA; and
     The proposed changes not constituting a minor change
The change application was withdrawn on 23 May 2019.
In the case of the most recent developments within the village, Council has given discretion in
relation to carparking, landscape open space and minimum front boundary setbacks. Furthermore
it is noted that Section 6.2.3 of the Superseded Planning Scheme allowed Council the discretion
to grant floor space bonuses for developments that provide improved public amenities. In this
respect the Superseded Planning Scheme permitted up to 4m² of additional floor space for every
1m² of public amenities. Recent development approval examples are provided below.




                                                                                        Page 5 of 58

Section 6

SPECIAL MEETING AGENDA                                                                5 JUNE 2019


  Other Mixed Use Redevelopments within the Peregian Beach village
  8 Kingfisher Drive     This site is 2 doors to the south and is the same size and shape of the
  (06/0219)              subject site. The approval, issued in 2006, was for the development of
                         a 2 storey building on an existing vacant site, with 2 restaurants & 1
                         shop at ground level and 3 office tenancies on the upper level. The plot
                         ratio of the development was 1.13:1. It is noted that 22.6m2 was
                         provided for public facilities and a public walkway through the site.
                         Although this development was constructed within 2 years of the
                         approval, an appeal carried on until the 17 November 2008, which
                         centred around the amount of contributions payable in lieu of provision
                         carparking on the site. The appeal was eventually settled with the
                         contribution conditions amended.
  216 David Low Way      In 2006, Council approved a two storey mixed use development
  (06/0215)              including shop & office on the ground floor, and an office & caretaker’s
                         residence on the upper level, made under the Superseded Planning
                         Scheme. A number of built form relaxations were given, with the report
                         noting that the development is consistent with most of Peregian village.
                         Council approved a number of extensions to the permit, which
                         extended the lapsing period. As part of the requests to extend the
                         approval, it was noted that although the development was approved
                         under the Superseded Scheme, which included density bonuses, the
                         following grounds were considered to justify a plot ratio of 1.4:1,
                         exceeding the 0.8:1 requirement of The Noosa Plan:
                          60m2 of public facilities/public access way were provided
                          Almost all existing development in Peregian village have full site
                              coverage;
                          Approximately a third of the existing developments in the village are
                              2 storey;
                          The GFA of most developments in the village exceeds the 80% plot
                              ratio requirement; and
                          The proposed design is considered to be of high quality and the
                              inclusion of the public toilets and thoroughfare will be of benefit to
                              the village overall.
2.2. Site Description
The site is located at the north-eastern end of the Peregian Beach village and is zoned
Neighbourhood Centre. The site has been developed and was previously occupied by a retail use
(Friendly Grocer). The existing building onsite is rectangular in shape and finished levels
surrounding the premises are level.
The tenancy has a 10m frontage to Kingfisher Drive and a 27m frontage to Heron Street.
Established garden beds and vegetation abuts the site along both road frontages and a pedestrian
crossing provides linkage to the site from Peregian Beach Park.
The following image is provides a Locality Plan for the site:




                                                                                       Page 6 of 58

Section 7

SPECIAL MEETING AGENDA                                                                 5 JUNE 2019




                                        Figure 1: Locality Plan

2.3. Surrounding Land Uses
Being located within the Peregian Beach village, a variety of commercial and tourist shops are
within close proximity to the site. A retail use (Peregian Beach Bakery) adjoins the site to the south
and the Peregian Beach Surf Lifesaving Club and Peregian Beach Park is located directly to the
east across Kingfisher Drive. Residential uses are located further to the north and south outside
the Peregian Beach village.
3.    ASSESSMENT
3.1. 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;
     The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.



                                                                                        Page 7 of 58

Section 8

SPECIAL MEETING AGENDA                                                                 5 JUNE 2019


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.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
     Eastern Beaches Locality Code
     Business Uses Code
     Landscaping Works Code
     Driveways and Carparking Code
Locality Provisions
The subject site is located in the Eastern Beaches Locality and is zoned Neighbourhood Centre.
The proposed uses are identified as consistent uses with the zone. With regards to the overall
outcomes for the locality the Noosa Plan includes:
7.7.2 The overall outcomes sought for the Eastern Beaches Locality are the following –
g)    The scale and form of buildings and other structures are—
      i.     designed to be responsive to the informal beachside character of the locality, being low
             rise buildings, with pitched or curved roofs and building materials that blend with the
             dune and coastal landscape;
      ii.    in keeping with the surrounding streetscape and landscape qualities;
      iii    integrated into the topography and native vegetation of the dune system which
             dominates the locality; and
      iv. consistent with the amenity and safety expectations of the community;
z)    Peregian Beach provides local convenience shopping, business and community services;
jj)   For Peregian Beach—
      i.      Peregian Beach provides a mix of detached houses, Multiple housing and Visitor
              Accommodation for residents and visitors;
      ii.     Multiple housing Type 2 Duplex and Visitor Accommodation Type 4 Conventional are
              located in close proximity to the Peregian Beach neighbourhood centre shown in the
              Neighbourhood Centre Zone;
      iii.    a wide range of local Retail, Commercial and Entertainment and Dining Uses within the
              neighbourhood centre serve the immediate needs of residents and visitors of the
              locality;
      iv.     the neighbourhood centre provides an informal village-like atmosphere, with a low key,
              attractive and safe village square that engenders a ‘sense of place’ and a public focus
              for local community interaction and activity; and
      v.      the sense of arrival to the coastal communities of Noosa from the south is emphasised
              and enhanced;




                                                                                       Page 8 of 58

Section 9

SPECIAL MEETING AGENDA                                                                 5 JUNE 2019


oo)   For the Neighbourhood Centre Zone—
      i.     the Peregian Beach and Sunrise Beach neighbourhood centres form focal points for
             the communities providing local shops, offices, restaurants and limited higher order
             functions to support the day to day needs of residents and visitors;
      ii.    retail, commercial and medical functions are of a convenience nature and residents will
             access higher order goods and services at Noosa Heads, Noosaville or outside of
             Noosa Shire;
      iii.   Business Uses are of a scale and character consistent with the locality and the
             commercial and retail hierarchy of Noosa; and
      iv.    development provides for strong pedestrian and visual connections between private
             development and adjacent public spaces;
The proposal is consistent with the Overall Outcomes in so far as the development provides for a
range of consistent commercial uses within the Peregian Beach neighbourhood centre. These uses
will service the immediate needs of both residents and visitors to the locality and will enhance the
Peregian Beach village as a focal point for the community. In this regard, the proposal aligns with
the existing approval as it also provided for a range of consistent commercial uses.
However, concern is raised with the built form and scale of the development which is inconsistent
with the Overall Outcomes for the locality. The lineal form of the building and external screen
treatments is not responsive to the informal beachside character or consistent with surrounding
development. The upper level of the building façade, which incorporates screening to the first
storey and the roof deck, extends for almost 5 metres in vertical height and exacerbates the strong
lineal elements of the design. The building does not contribute to an informal village-like
atmosphere that engenders a ‘sense of place’ and is not compatible with the coastal surrounds,
instead being akin to a development expected within an inner urban setting. The exaggerated
upper level results in the building having the appearance of a 3 storey building. This is inconsistent
with the appearance of other buildings within Peregian village which are limited to 2 storeys with
traditional roof lines with the upper levels including generous openings/balconies.
Renders provided with the application rely on vertical landscaping to soften the building form.
Council has not previously accepted vertical landscaping as an acceptable design response,
instead requiring the built form of the development to demonstrate compliance with the built form
outcomes sought by the planning scheme. This is in part due to the fact that an extended time
period would lapse prior to vertical landscaping taking its desired effect and no certainty that
vertical landscaping will achieve its desired outcome or be adequately maintained.
It is acknowledged that the existing approval allows for the site to be redeveloped in accordance
the associated approved plans which provides for a modern design which also incorporates a
screening device. However, this device is limited to the upper level and excludes the roof top
terrace. The screen also has a more lightweight appearance than that currently proposed.
Furthermore, the lower level of the existing approval provides increased openings to the building
which allow for greater interaction with external public spaces and assists in reducing the perceived
scale of the building bulk. The approved development also had an expansive awning with a
substantial narrower face than the shorter and thicker awning proposed. The difference in awnings
further enhances the perception that the approved development is more lightweight than what is
currently proposed. A comparison of elevations is provided in the images below.




                                                                                        Page 9 of 58

Section 10

SPECIAL MEETING AGENDA                                                           5 JUNE 2019




            Figure 2: Render of approved development: Heron Street perspective




                  Figure 3: Southern elevation of approved development




              Figure 4: Render of proposed development: Southern elevation




                                                                                 Page 10 of 58

Section 11

SPECIAL MEETING AGENDA                                                                  5 JUNE 2019




                         Figure 5: Southern elevation of proposed development




                   Figure 6: Render of current proposal: Kingfisher Drive perspective

In addition to concerns with the proposed development’s consistency with the Overall Outcomes
for the locality the proposal does not comply with the following Specific Outcomes:
(a)   Height, storeys and roof form
(b)   Plot ratio
(c)   Car parking.
These elements are discussed below:
Building Height, Storeys and Roof Form
A maximum building height of 8.0m and 2 storeys is sought under Probable Solution S4.1 (b) of
the Eastern Beaches Locality Code. The maximum height seeks to ensure buildings and other
structures are low rise and present a building height consistent with structures on adjoining and
surrounding land so as not to visually dominate the street, adjacent properties and surrounding
spaces.
Whilst the building generally maintains compliance with the 8.0 metre height requirement the height
attributable to the roof lift shaft and lobby is 8.80 metres and results in the development being 3
storeys. A chimney associated with the kitchen extends to a height of approximately 9.80 metres.
Furthermore 44% of the length of the wall to the southern elevation exceeds the 8 metre height
limit, with the maximum height being 8.80 metres. The current approved development includes a


                                                                                        Page 11 of 58

Section 12

SPECIAL MEETING AGENDA                                                                         5 JUNE 2019


compliant building height of 8.0m relative to the finished and natural ground level and only
comprises two storeys.
The applicant maintains that the extent of the roof structure that extends beyond the 8m building
height limit relates only to the lift overrun and lift lobby area. The protrusion beyond 8m has been
reviewed in detail and every effort has been made to minimise the extent of this roof structure,
noting that it is a minor component when considering the building as a whole. The only enclosed
area…..is measured at 19 sqm which makes up 4% of the overall GFA or 8.4% of the building roof
(footprint). This area comprises the lift overrun and lift lobby space only. As previously outlined in
Item 3, there is no visual impact as the lift overrun is not visible from the ground. The lift is required
to enable equitable access to all parts of the proposed building and is required for the safe
operation of the lift.
Whilst the applicant correctly assesses the amount of area which exceeds the 8 metre height limit
this measurement does not accurately reflect the visual impact of the increased height’s bulk and
scale. As previously stated when the development is viewed from the north or south 44% of this
viewing plane will exceed 8.0 metres in height. Similarly, the extent of building height above 8.0
metres when viewed from the east or west is equivalent to 40% of this viewing plane. The following
image demonstrates the extent of the southern plane which exceeds 8.0 metres and how much
higher the top of this wall is compared to the adjoining property.




                 Figure 7: South elevation identifying aspect of the building above 8 metres

The non-compliance with the 8.0 metre building height and 2 storey requirement results in a
building scale and bulk that does not comply with the Specific and Overall Outcomes for the locality.
The proposed built form is not consistent with structures on adjoining and surrounding land and
will visually dominate the street, adjacent properties, surrounding spaces and the existing skyline.
It is noted that the roof top deck is proposed to be used in conjunction with the entertainment and
dining use and operate between the hours of 7.00am and 9.00pm, with the deck having the
capacity to seat approximately 70 people. The current approval explicitly prohibits the use of the
roof top deck associated with the Entertainment and Dining Business Type 1 and the Retail
Business Type 2. It is noted that the application does not include any shade screening treatment
to this area. It is unclear how a rooftop terrace could operate without the inclusion of sun and
weather protection devices, such as umbrellas or shade sails, to protect guests from sun exposure.
The screen to the perimeter of the roof top terrace is 1.55 metres above the floor level of the terrace
and therefore the provision of any sun protection devices will result in additional bulk being visible
from the streetscape, surrounding properties and the broader locality.
Furthermore, the extended lineal form of the timber screen is not consistent with the Specific
Outcomes for the Neighbourhood Centre zone as it does not provide for a subtle change in colours,
textures and materials to break up the building facades.
The following images demonstrate the scale of the building in comparison to surrounding properties
and the strong lineal elements to both the lower and upper level.

                                                                                               Page 12 of 58

Section 13

SPECIAL MEETING AGENDA                                                                 5 JUNE 2019




                         Figure 8: Perspective of the development from the east




                       Figure 9: Perspective of the development from Heron Street

Plot Ratio
For the Neighbourhood Centre Zone the maximum plot ratio is as follows—
a)    0.8:1 for site areas up to and including 2000m2 ; and
b)    0:3:1 for that area of a site in excess of 2,000m2.
As the subject site is 271m2 in area the permissible plot ratio equates to 216.8m2.
As noted previously in this report, Section 6.2.3 of the Superseded Planning Scheme allowed
Council the discretion to grant floor space bonuses for developments that provide improved public
amenities which has resulted in a number of developments with a plot ratio that exceeds the current
scheme plot ratio.
The existing approval for the site permits a plot ratio of 1.71:1. The current plans provide for 472m2
of gross floor area which equates to a plot ratio of 1.74:1. The proposed plot ratio is excessive,
inconsistent with the scale of surrounding development, and significantly exceeds the plot ratios of
buildings approved under the Superseded Planning Scheme bonus provisions. It is noted that the
application does not provide for any public benefit. The proposed plot ratio results in a building
which presents an appearance of excessive bulk to adjacent properties, roads and other areas in
vicinity of the site.



                                                                                      Page 13 of 58

Section 14

SPECIAL MEETING AGENDA                                                                   5 JUNE 2019


Car Parking
On 22 February 1972, Council approved the existing development (currently ‘Friendly Grocer’)
without the provision of any onsite car parking. A condition of approval was included for a minimum
of 12 car parking spaces to be provided within 70 feet of the development.
Based on the current planning scheme requirements the previous use of the site for a convenience
shop required 15.2 car parking spaces.
The following table assess the current application against the car parking requirements within the
Noosa Plan

          Use                        Scheme Requirement                         Amount required
 Commercial Business     1 space per 20m2 of use area                         86m2 of use area = 4.3
   Type 1 - Office
 Retail Business Type    1 space per 20m2 , or part thereof, of use area     141m2 of use area = 7.7
  2 – Shop & Salon       for areas up to 100m2 (excluding outdoor dining
                         area); AND
                         1 space per 15m2 or part thereof of use area for
                         areas in excess of 100m2 (excluding outdoor
                         dining area); AND
                         1 space per 10m2 or part thereof of any outdoor
                         dining area on the property
   Entertainment &       1 space per 10m2 , or part thereof, of use area     111m2 of use area = 5.55
 Dining Type 1 – Food    and outdoor dining area (excluding kitchen and
     & Beverages         food storage areas) on the property except
                         where located within the Business Centre Zone,
                         Neighbourhood Centre Zone or Village Mix Zone
                         where 1 space per 20m2 applies
                                                                            TOTAL = 17.5 spaces
A total of 17.5 spaces are triggered which exceeds the scheme requirements for the convenience
store use by 2.3 spaces, no additional car parking is proposed. Given the current high demand for
car parking in this area any variation to the car parking requirements is not considered appropriate.
Furthermore, given the applicant suggests the deck could accommodate up to 70 people the
proposed development is also likely to generate significantly more car parking demand than
provided for by the above rates.
Works in road reserve
The site plan includes proposed works in the road reserve which include the relocation of the ‘whale
table’ and bench seat. The plans make reference to separate footpath dining applications for areas
to the north, east and west of the building. These plans have been reviewed by Council’s
Infrastructure Services department who have raised concern with the proposed new location of the
‘whale table’, due to its size and form there are no identified alternate sites to its current location.
Furthermore, the proposed footpath dining area adjacent to the loading bay on Heron Street is
likely to impact on the capacity to use the loading bay as the unloading of vehicles relies on access
through the proposed dining area.
4.    DRAFT PLANNING SCHEME
Under the draft planning scheme the site will be zoned Local Centre and the proposed
development would also be subject to a Code assessable development application. The maximum
permissible building height will remain at 8.0 metres and the allowable plot ratio will remain the
same as what is currently allowable under the Noosa Plan. The draft scheme introduces a new
setback requirement of 2 metres for the first floor from the village green. The draft scheme includes
criteria for assessment with regards to building design and streetscape which strongly re-inforce
the outcomes sought by the current planning scheme.




                                                                                        Page 14 of 58

Section 15

SPECIAL MEETING AGENDA                                                                                         5 JUNE 2019


5.                         CONSULTATION
5.1. Referral Agencies
The application was referred to the following Referral Agencies:
                          Department of State Development, Manufacturing, Infrastructure and Planning (SARA)
                           The Department is a referral agency for Contaminated land (unexploded ordinance).
                           The Department has responded advising that conditions should be applied
5.2. Other Referrals
The application was forwarded to the following internal Council officers:
                        Infrastructure Planning
                        Coordinator, Development Engineering

6.                         CONCLUSION & REASONS FOR DECISION
The application seeks to demolish the existing single storey building and develop in part a three
storey building to be used for office, shop and salon and entertainment and dining business. The
proposed development exceeds the required 2 storeys and 8.0 metres in height and consists of a
roof top terrace which is to be used in conjunction with the entertainment and dining business.
Whilst acknowledging that there is an existing approval which permits redevelopment of the site
the proposed height and built form of the current application is not consistent with surrounding
development and the informal character of the Peregian beach village. Furthermore, the application
proposes to increase the plot ratio above that which has currently been approved and the
permissible plot ratio in the planning scheme and will result in a building bulk not in keeping with
the Peregian Beach village. In addition, the proposed use areas result in a requirement for
additional car parking which has not been provided.

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             x   Infrastructure Planning,
                                                                                                   Design and Delivery




Document i nformati on




                                                                                                              Page 15 of 58

Section 16

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 16 of 58

SPECIAL MEETING AGENDA                                                                              5 JUNE 2019

  Sw
                                                                                                                   SUBJECT TO SEPARATE FOOTPATH DINING APPLICATION
                               ~                                                                                     \ 7                          et
                                 |                                                            (se
             CARPARKS            :
                                 ;                                                                                                    PEREGIAN BEACH PARK
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                                  i     HERON STREET                             (on)                            “ay                       wk
                                  &                                                                                LN
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                               ——-,   :                  Pe            .       Seruaron     ~  ee                       : .
                 iene      ea,                               gute                          a                        |                            FY
                          {f NL              S               ee ee ee            ee ee                           it      Ss
                         ( si  MOE              Sesiets -              [CO BSse ENTRY                        ay       € zs
                           =< ~           3   - .  .  ‘           eee              ppp $n       ona r0s,c:08-0 2 .  ‘    =.
                                   Ss     (e') 5      i   Tewancys + PROPOSED                |              ;           Sie
        ;                      (ois)    1    hea      ely             BUILDING         =|         a |.          Ge                     1")            Ce
                                             ,  2      |             =           i d  aa         (RESTAURANT) | |   ‘a Turcre   On                       “J
                                            ita        4                                  j  4                  =      5        <                          ~
                                                   ‘   |  TENANCY 4                      ii                  §  '    os         S                          z
                        S     ger     ocgel            tp   mm     be                                        rz                 z                          .
                            ExeTNe SEATING = SOUTH | ‘  |                     =i                            I      E>)                                     5
                                                   '                                                            .      ,      a 1          a                |
                               yoo:                                                                             :             J            5
                                                   :                                                            ,                          a               wo
                   PEREGIAN PARK                   ;          EXISTING                     EXISTING             :               ss        ui
                                 :                 7        COMMERCIAL                   COMMERCIAL             ,               &          2
                                                   ,          BUILDING                     BUILDING             ,               z          o
                                                   ‘                                                            :                          z
                                           ia                                                                                   S          x
    ===        ES                                                                           om                maa                =a               Pe
   [peer       fa foe                                                             Cox       ANGUS DOUGLASS    [rercown          SHERONGT           i eee cree     7
   ——_—                                                                          Co Auttetre  =—-             —                 =            a we              —_
               +                                                                  Rerseae "| 4te0a9            SITE PLAN         11-03       a Fas           fom
               i)                                                                  eevee                                                          ——s
                                                                                                   Page 16 of 58

Section 17

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 17 of 58

SPECIAL MEETING AGENDA                                                                            5 JUNE 2019

                                                                     |                            |
                                                          §                                            §
                                                          3                  NEW SHADE                 3
                                                          2                  STRUCTURE                 2                             .

                                                    sno]        [pcre]    eal   rl    Ce                       [p=xor EB] scan     :
                                4                  Ft           ber =f        =             Zt.            oe           =          3 p
                                  So                                              ge
           oO                      =                                               |                                              eB
        (=!)     q              |                                         f58g  eel.      :  | =| a                                     |
                                |                                         eS              gabe              |     St                |,               1)
                             SS                              ~ T                  lt          aA!                              recone || EA
                                   ye                               |     RP        :         Sa           ;                            | Emacs         -
                                Ig                        IL            Sr                    es)             =                         |
                            .   | creat                |   ;  creat     "ELEC ICT pw wy          = 3 >  4                               |
                                |        TRETAL)              \ iE   UNISEX |        UF       PLT  :     |             Te                  1            |
                                |                      Accessiais         ry OF                          |   En          |    BIN STORE! | /           fo
                                |                                  5) wesw | ree per                           a                        A             |

                                                                                    x     OR               =                 =                —
   ———                                                                         Cox       ANGUS DOUGLASS    PEREGIAN         SHERONGT          —=—         =—
  ———                                                                          i —                         muon              fe          (===
                                                                                                Page 17 of 58

Section 18

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 18 of 58

SPECIAL MEETING AGENDA                                                                                       5 JUNE 2019

                                                                                T       1
                                                                               aires hacnaa

                                                                                |       !

                                                                                                                                 ‘weMot
                                          wewor                           (CONCRETE AWNING TO
                                                                           FALLS WITH MEMBRANE
                                                                            ‘TO TOP SURFACE
                                                                                                                        [reser]
                               ean    ae Ses Kee i       eee ie oe ge          Ee eee                                     aioe cna cee esse
                              ar ws Se     re VA VG Nee, Ne,                                        .                  2          .             Ti
                             ae oe     rn                 le    se       tl. ofS ae                               fos                       in    i
               1             atel       fFeaen3]        con]              [oonaz                               ven)     wecie             FEMti=  i
                              eI           “orcs                                Tone                Ee                            TENANCY 1       :  Smee
                             =a              (OFFICE)                            (OFFICE)                            ‘           (RESTAURANT)     4   SURFACE     1
                             =a  |                                                                  | ferro ad      |               i             :
                              fey                                      zs                        al   cox ———     iil                             i
                             a}                                                                   1)     j         p2cani|                        fl     wevet
                               Mg | [GORGE] INDICATIVE LOCATION OF   cram    t_.,    l :      ) 008 eh to        fi |                             F
                             aa             aan              |   [rst                =      E       = lof         i                              fi
                             an |                     as                       |                nf |)                                             ;
                    ee]                                 Fat                 eeciet )f ww     |  =ary       ey    FF                                   =
                             ae)                  es              — |]   we                         Yet hese                            a
                  wwe!       Et ed                         ACCESSIBLE       pedo}                        |
                             “Sihe |                       BATHROOM               =          “I      WALKW.                              I} vo
                             a                                           Lae                     a              darn
                                                                             S

   —                                                                                                =                  ~                   ren                         =e
        ee                                                                              Con        [acu oovarse       PEREGIAN            seenower            CLP APUG
                  ol                                                                                                                                          —_ _-=
   —                                                                                    ‘ci         oan                —                   ==                  —_—      _  = =
   _——S                                                                                 Reteet     [se                LEVEL 1 PLAN        21-02          — = fa
               dd                                                                       facnapewn me                                                                =         —
                                                                                            te                                                                —- °°
                                                                                                           Page 18 of 58

Section 19

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 19 of 58

SPECIAL MEETING AGENDA                                                                                        5 JUNE 2019

                                                                                         |      |

                                                                                                                    ACCESS TO PLANTER BOXES
                                                                                                                    Lee
                                                                                                                     aon      <—s         a
                                   opera       Dla          es  Baxi   a   UE               ae                                      pacar pec rase aga =
                                   Bue X ORO IOI        FC     CRO EE                  EL HAIL TOR    ES                  ‘a Ly —               ver ah
                                   i              sii            ‘Tow 18410                may          (er                            Fgh ‘it
                                   oe   ates et esas x        rs         =                       na    a                  =  CPt      P         “yp SeeAnteay! P
                                    0             cone         TOP OF SCREEN 15.960               |     ie      VoD        aw        FOP. OF SCREEN 75.800 ( F
                                   aoe                      |               J     |    j            TANK     a     oS        wall | ee          Nad    iF
                                    et                                                                     Eo]  eto   ren        —                “THe
                                   Ds                         SOLAR PANELS                  ocean           To) =)     Set                            AF
                  1                a                             J                                       .           | |                        ae
                                   Re      went        ==      SOLAR PANELS       ——              /ywcot | ) SS        Lf            ROOF DECK    \Cs3)*                12)
                                                                                                  I                      ;                          Cond)
                                   4 B                                 Y    ]                 Toset   Sy       ——    |   Fao]            cesar         Ne
                                   BS) | TOP OF SCREEN 16.200 |                   |                   al    ten                      FFL 14.110    {fae
                                   Be                                                             I TE        so                                     Ts
                                   ir                        PLANT                         conan       |    ce! [=]                                  ee    ie eae
                                    a2                     apie                        ——         = frosty Pt >        j                     ;      Pai
                                   = TOP OF SCREEN 16.185                                Tw | w |           2   |       eo                      2 PEN
                                   wet |                           7                                y          |                                  £ -5%    CNaT
                                   eS                                    Tas                er      tanone Teer 18                             ee     is
                                   3                                                      ae            |  CU |
                                   ie,                                                                          ~    OPeat                        we
                                   es         eee:      a een: | |                   =                     —                                            |
                                   >:                .                                |  ES       ~ “nel == == ===                a ey |              —_,

     =          eS                                                                                   =                   maa                 aaa,                             a
  pS                                                                                                                                                           —_                 am
  ——                                                                                     covsteatre  i                  ——, | =                           a pe
                  rt                                                                      ierssss   | 4teogo            ROOF DECK PLAN       21-03         a      es —      foes
  ————————— Se                                                                            a ee a                                                                ———— tS
                                                                                                             Page 19 of 58

Section 20

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 20 of 58

SPECIAL MEETING AGENDA                                                                                            5 JUNE 2019

                       pa      ee                                                 ;     ‘            ;            f
                       |                      |                             =a      a                or         ‘
                                                                           a                   oe srt           «CO/
                                                                           aS or                              /
                                                                            He               a        }—     /
                                                                             i       —T         i    em     /
                      |                       |                             epeapea      espace ——i—                                       »
                      |                                                     Set =                   ir       \                —*
             ___ 4                     i                           =            |         t          i

                                                                                   INNING BELOW

                                     OTR S BO BOBO A SOR EIS OS EC MS |                                                    i Bee CD               ark
                                      ah        pe   Se     Png sah ese ing tt ya OGRA ele      MarR
                                  HS IMM iM        ......___._ .. a UCL.                        gy     1       Ee       ee          3                    ns
                                  -                                         Totti:                                          Me                          i
                                  Bs                                                                 :                                                ry
                1                 Heh     x                      ;          5     ;          ;       z                     pr                         a |
                         =       ‘9 <2)   °                                 |                           }                                           e AO:        :
                         3        F2)     a                                                       :         FLATCONGRETEROOF |                      \ Coa |      3        1
                         3        >,      Q                                                        =        ‘OVER STAR BELOW |                           i       8
                         é          |     o£                                |                     =                                                  /  6]       g            |
                         -        8%      5                                                                              |                           pi                       |
                                  &       a           PLANT DECK BELOW           Cena LocATED        ee                  /       ROOF DECK BELOW    /  ay!                    L
                                  a)                                                arin            ==                   |                         / pati
                                  he |                                               4)                                 |                         ¢ e whi
                                  Fz                                                                                                               | oR
                                3 $e                                                 _—~|  UFTBELOW |                   j                       er]     es
                                4.                                                   ©)!           \                                            £4      fess
                                § x            MECHANICAL PLANT BELOW | WATER TANKS BELOW) = OF    '          RL.                                3 Te |                      [
                                  »                 |            |  |                   tL                       2            oe                                            a
                                  q i                | |                                 FLAT CONCRETE ROOF OVER LIFT aT          ——                      |                 %
                                  is a}    -                 —   +  L          -    |   AND UFT LOSBY TO ROOF DECK AREA |                :                5                /  %
                ss                                                                                                                  =       /             |

                                                                                                  -       =.                =                    —                   a
   ————_                                                                                    CO*.        ANGUS DOUGLASS       PEREGIAN             rome                =
               rr                                                                            cmsatetes   [oa                 =                  sa                    a               ori
   _————————      +                                                                          Serer" | 416080                 ROOF PLAN           fe             ae    ==—=———f—=
   CT                                                                                        ee                                                                       ——_—~—~—-~—-—S—
                                                                                                                Page 20 of 58

Section 21

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 21 of 58

SPECIAL MEETING AGENDA                                                                                            5 JUNE 2019

                                                                                                                        ROOF OVER LIFT AND SERVICES
                                                                      ;                                       |     ;
                                                                      s                                             >   RISERS BEYOND. SHOWN GREY
                                                                      «                                             =   FOR CLARITY
                                                      8M HEIGHT       3       commen                                z           west
       PARAPET EAST                                                                                                           RL 16.185
       15.860 RL
                                                                                                                       PLANTERS BEHIND SCREEN
       14610 RL                                                                                                   )
       ROOF PLANT DECK

                        NORFOLK PINES
                                                                                                                       PLANTERS BEHIND SCREEN
       LEVEL ONE                                                                                                  |
       11.410 RL                                         CJ
                                                                      al                                        HT     AWNING
                                                                                                                t
          HERON                            |                                                               ny                               NEIGHBOURING BUILDINGS
         STREET
                                     sine                                                ¢          )      1H
       LEVELG
        8210 RL

           SES                                                                              COL.        _[ancusoousiass     PEREGIAN             penonet              —_———s
    oo                                                                                       cutest     oe                  feraconn             a [ —_——t= ae
   EF +                                                                                      Seteeae"" | 416089              WEST ELEVATION      30-10                        a
   Cf         df                                                                               me                                                                      SST
                                                                                                                Page 21 of 58

Section 22

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 22 of 58

SPECIAL MEETING AGENDA                                                                                                    5 JUNE 2019

                                                             =<      DASHED LINE DEPICTS EXISTING                                 —<+— DASHED LINE DEPICTS EXISTING
                                                                    NORFOLK PINE TREES ON                                                NORFOLK PINE TREES ON
                              >.                                    HERON STREET                                                        HERON STREET              .
                              <                                                                    ROOF OVER LIFT AND SERVICES                                    &
                              i]                                                                  RISERS BEYOND. SHOWN GREY’                                      a
                              5                                                                    FOR CLARITY                                                    s
                              2                                                                                                                                   8
                              TOP OF SCREEN 15.860                                                                            TOP OF SCREEN 15.860
                      8M HEIGHT                                                      le                                                                CURRENT DA   | SMHEIGHT    parapet WEST
        PARAPE EAST         ay                 ]                                                                                                                         sacl           RL 16.185
                                                                                                                                                                                ROOF PLANT DECK
        ROOF DECK                                                                                                   }                                                                   RL 14610
         14.110 RL
                                         SLIDING DOORS   5
                                                                                                                                                                                     LEVEL ONE _
             ————4                          -                   ~            "      -       —                    _                     _          :                 ern                 RL 11.410
                                                                              4       r   =                  ‘                                     >
                               ol       )        }                          i |     j                                 5                       r               ;                     PARK
                                |                euDINa GATE                  } ENTRY)                                                       €  |            i
                        ,        j                              5                                                                               BILFOLD DOGRS           }
              L            BUUBS                                                                                                                                                         LEVEL G
                                                                                                                                                                                         RL 8.210

          = —— pe ee                                                                                CO x       ANGUS DOUGLASS        PEREGIAN               SHERONGT              _  ASE eo —
    —<—<—<_—                                                                                        carters                           =                     ———                   ————_

                                                                                                                        Page 22 of 58

Section 23

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 23 of 58

SPECIAL MEETING AGENDA                                                                                            5 JUNE 2019

                                                                     zI|              ROOF OVER LIFT AND SERVICES  z|
                                                                      |            [ FOR CLARITY                  FH
                                                                     z.               RISERS BEYOND. SHOWN GREY     <
                                                                      ~                                             ~
                                                                     °                                              °                                                 \
                                                                     a                              CURRENT DA     a 8M HEIGHT
                      8M HEIGHT                                        |           -—-         =                     |  eas                                             PARAPET EAST
                                                                                                           |                                                                 RL 15.960
                                                                       |                                                                                                   ROOF DECK
                                                                       |                                                                                                     RL 14.110
                                                                       |                 ane coors                                                       NORFOLK PINES
                                                                        |                                                                                                  LEVEL ONE
                                                                        .                                           +                                                        RL 11.410
                                                             AWNING    —1H!
                       NEIGHBOURING BUILDINGS                          |                  mira peers                 |
                                                                       |                                             |                                                  HERON STREET
                                                 Be                                                                                                                          PRLS. 2105

   —_ |__|, —                                                                                                                                                           —           —
    oo                                                                                       comemmtee   oe                   =                    —                   —— =
   _                                                                                         Eris" | 4teo20                  EAST ELEVATION       2012                 =F
                                                                                                 tenn                                                                  ——=
                                                                                                                 Page 23 of 58

Section 24

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 24 of 58

SPECIAL MEETING AGENDA                                                                                           5 JUNE 2019

                                 whey
                                 BF,                                     :                                            —;  eee
                                 SE       y                              &                                           |    FORciaRiTy
                                RL A      a                              ‘                                           :3
                              “   a      .                               z                                      '     z
                                 agli                   8M HEIGHT        ig            ”                             \3
           PARAPET EAST    <      | 4      -                             1       , eT j                                   _PARAPET WEST
          1580 RL           MY                                              nt              '        Wl     be     4            RL 16.185
           ROOF PLANT DECK  = ft       er                                    Ae    ping Se. 4   een    Pips SF   Bore   PLANTERS BEHIND SCREEN
           14610 RL             eno oo                                        aor prt eet es anes      Smee &                                                                   mm
                           “  bie   ,        a                           OP            rate thee      {    } +}
                        “   een aes “wih                 ye              | :   fll     Hl     | (      /   |  Hl
                              ut       ee           © sir je               ay                  |     |      ||           PLANTERS BEHIND SCREEN
                            eer a ae              5      ea 4 4          reli    rem    ar #   | I   ;  |     hey     i            ———— eee
          LeveL ONE        SRS el                    oe                                              1)
           11.410 Ra                 Ree iene +             eee
                      ‘     Tse Sa   eee.      pat ay Se  Sag 3     n
                                aunnnne              ode ad    tic                                                       AWNING
              HERON                  er        2     ROW     oe ev                                              ,
             STREET                                 ee       Oey
           LEVEL G                      me          \\    P|        yyy
            8210 RL

                  es                                                                        COX        ancusoousass        PERESIAN            cao                       SS
                                                                                                        =                   =                   —                    ———
   _—                                                                                       cosets                             sy               =                   freee
                     J                                                                      Eeissss «| 4te080              WEST ELEVATION       2001          | |=
   Fs iieenifiomisl                                                                            ome                                                                  [eaoenpem
                                                                                                               Page 24 of 58

Section 25

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 25 of 58

SPECIAL MEETING AGENDA                                                                                             5 JUNE 2019

                                                    "\p—      pee                                                     a
                         5 |                           :      HERON STREET                                                 _  HERON STREET            =|
                         <                                ‘                         — ROOF OVER LIFT AND SERVICES                                     <
                         2|                                \                             RISERS BEYOND. SHOWN GREY                                      |
                           |     TOP OF GLASS 16.060                                          [               !                                       é|
                        TOP OF SCREEN 15.860 |               {                                                      TOP OF SCREEN 15.860                |
                                           i                 '                3                                                             QUARENT OA  8M HEIGHT
                 8M HEIGHT |                                                                                                                            !         —  _PARAPET
     PARAPET EAST OT  Fev a                                                                           4                       :                         |    =        ee
     15860 RL                   aS to       ee ae Ue: 3                     |   A      Saag       Ay      HE          sa  oly it ‘3       i         my
                             Ae. Sa Pade eet                                    Egg   oOo. A     fips! SP 28 1a” BIVRER  at   beter    ie comme         |         ROOF PLANT DECK
                             SOR     aelae ERIS Fee                         CAROL PRBLET RG cog te             See ogi Romer. |
   ROOF PECK __               We       ea     Be      Pa                    TE         CPN re Be     eC          ARB Ne at     i ea      hs gi   “|                        mee
     180: A                 Hy   i 4   tL        |       i                  ]      ofan      ae     eet Ae.                  Ha    ' |     he ae        |
                             }           Poot    base                       HH    ed.               |     Re        ABSES                        i
                                                    ad gf a                   Moree   easier Pepe 1g        AL) sPwmeeg Pecaoeee iat UIE Se a Dred) Up) ee
                             WT                          ieee                 idee                      |           Were             SSL OEE        ee |
                           .         ALA             re  | |         —                                                                            |                     LEVEL ONE.
          I ere                                                                                                               ee                        ee          MEGS   El OLIN
                           |                              we                                                                                                 —
                                                             |
                  fr ran                                     5;                                                                                    '           1/9     PARK
                  1d Anal                                   Ny            A                                                                                ff
                  \ a    It 4                               VO        |                                                                                    yy    i             L
                                                                                                                                                                           R  8.210

                id                                                                                                                                                                  |    =
                    4                                                                        ea                              ad                     on                 se
  _                                                                                          HT          416089              NORTH ELEVATION      30.02                a            ——
                                                                                             ——                                                                      [Ameen ye a
                                                                                                                 Page 25 of 58

Section 26

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 26 of 58

SPECIAL MEETING AGENDA                                                                                       5 JUNE 2019

                                                                                                                                               SZ
                                                                                                                                               et   ow,
                                                                z|             ROOF OVER LIFT AND SERVICES  Z|                                   us
                                                                 |          i; FOR CLARITY                   |                                ——      a
                                                                <:              RISERS BEYOND. SHOWN GREY  =:                                Ne     :   :
                                                                é            —                CUNRENT OA    : 8M HEIGHT                     % +     Ss ee
          _        8M HEIGHT      :    a                         Chat alte alec                 ata cdi      |    zs                        ~ ia Hy ~~ _      PARAPET EAST
                                                                           re         |   :   ih    ae                                    ay   re  sale          RL 15.860
                                                                           bitte              heh                                        ee
                                                                                     |                                                    Sok.                 ROOF DECK
                                                                                                                                             = See =      2       RL 14110
                                                                                                           |                 xe       “og ei!   NORFOL KPINES™ =
                                                                                                                            ist,             sue.
                                                                                                            pL__.4\ fv                          era             LEVEL ONE
                                                                                                                         Sy ee          Z           Pe     cee,  RL 11.410
                                                                                                            |             %   ; ,        Wee          =      -
                                                               i                                             |         :   =e      .                            "
                                                                                                             |    “a                     }                   HERON STREET
                                                                                                             |   iy           {        1
                                                                                                                  \           A         \           E              LEVEL G
                                                                                                                                                                  Rue 214

  ae                                                                                          ;     a                | —                   =.                  =
                    4                                                                    coxsrentetre                    ae                   ae        [_ ———
  —_—                                                                                    Netz" | 416089                EAST ELEVATION      20.03               ===
                et                                                                      eens                                                                   ———_—_
                                                                                                            Page 26 of 58

Section 27

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 27 of 58

SPECIAL MEETING AGENDA                                                               5 JUNE 2019

                 z                                                                                        :|
                 3                                                                                        3|
                 ® eM HEIGHT                                                    —                         3 |
    PARAPET WEST !                                                                        =           a4                  PARAPET EAST
    16.185 RL                         —         —_ ~]        re   re          ie: ee        —                                RL 15.860
   ernest |           al                              Ce                                           he                       —

                                           INDICATIVE NEIGHBOURING BUILDING                                    nme         LEVEL ONE
          AWNING. t                                                                                                          RL 11410
                 |
                                                                                                            \                LEVEL G
                                                                                                            |                RL 8210

     See                                                                  ,   -»              =              —os            —
  =e                                                                 Cox      ANGUS DOUGLASS PEREGIAN       SrERONST        |_SRServenr rveanen
            rr                                                       commence                 a              —___           ——
  SSS                                                                Eee”     |4reoa0        SOUTH ELEVATION 20-13      |       a
                                                                                    Page 27 of 58

Section 28

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 28 of 58

SPECIAL MEETING AGENDA                                                               5 JUNE 2019

        I dn   adhe        y         Prt     al  y
        i               ee es                PN
        Pig   bi             eae    \      ae
        —              YS,
           —           NE    amt     ee     ‘
         "             =   pa    . a                                                                                        —
          ea          ee             Pet
         - a  _—      7   7                .           y                                                 eT
         se           ya)        Sir tg,      D+ ip | P                                                   7
       | Sos            rc 6    re: 93 fat ey                                       ,
        —-_*          ee      tin se         ~~    + a                               aay
           ae)       Be ene                   pe                  _                     Hal           seein
                     Ss                                                                i     i        Ni                  /
       wR    ie,     a                                   ‘                                     | eT                      My        “7 3h
        SS            ee                                    ;                                   }     AM                        '
          c            =~ ee    Ke   »                                                           Hh al Hue           ve   A ay * a
                             r   ‘    :                                   ae       |  }     i M      Ta     |  ;  ee  A Mag ny De:  .
       aa    a                    re”          i              Pa Yh  THE   i   |   | ul       ie     |                        ‘
                            eee fe                                          aan!   |)   A de
       .              aR                       ge   ee                                  )             ‘lis
        cae               2}         >         5
                                         WR at                f                      eae
                           .                                        12    m   3    aloe We            a     Ny
                       x                                            ——— 3 "“                   —

  [fermen   fae foe]                                                 co x     ANGUS DOUGLASS  PEREGIAN       SHERONST        Leen eee
 pf        tt                                                        coxseotecire §— [        —              =              —-_ =
         a                                                            res = rs 416039         HERON STREET PERSPECTIVE | 02-01 | —
  ~                                                                                 Page 28 of 58

Section 29

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 29 of 58

SPECIAL MEETING AGENDA                                                                              5 JUNE 2019

       A                                                                                                                       f  ’       ie “V)    ‘     J,
                                                                                                                                   a             )   e     z
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                                                                                                                         ie     8 4                       5
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                                                                                                             \          hy   2                           5
                                                                he                                                w  “yf ee 2k               %              Z
                                                                                                                      x        a? wal
                                                                                                         ~     Lae LSD im,                                5‘
                             |                               i                                               a       tod          ‘      2         rial *%
                      oF                                                               ;       Y                                     ie
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                                                                                                   Page 29 of 58

Section 30

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 30 of 58

SPECIAL MEETING AGENDA                                                                                     5 JUNE 2019

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                                                                                                          Page 30 of 58

Section 31

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 31 of 58

SPECIAL MEETING AGENDA                                                                                    5 JUNE 2019

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                                                                                                         Page 31 of 58

Section 32

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                         Page 32 of 58

SPECIAL MEETING AGENDA                                                                                                       5 JUNE 2019

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                                                                                                                           Page 32 of 58

Section 33

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                         Page 33 of 58

SPECIAL MEETING AGENDA                                                 5 JUNE 2019

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                                                                      Page 33 of 58

Section 34

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                         Page 34 of 58

SPECIAL MEETING AGENDA                                                                                                                                     5 JUNE 2019

                                                                                                  :    |  SUNSHINE COAST REGIONAL COUNCIL                                                           a aaeads                        Detailed Design
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                                                                                                                                                         Page 34 of 58

Section 35

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                         Page 35 of 58

SPECIAL MEETING AGENDA                                                                                           5 JUNE 2019

                                                                                   .      .                              7       a a!                          | Detailed Design )

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                                                                                                               Page 35 of 58

Section 36

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                         Page 36 of 58

SPECIAL MEETING AGENDA                                                                              5 JUNE 2019

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                                                                                                   Page 36 of 58

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                         Page 37 of 58

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                                                                                                                                             Page 37 of 58

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                         Page 38 of 58

(                                                                                                                                                                      01.03.12 A | DAAmmendiments         Detailed Design
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     proposed footpath ding [ ~- --—- - ---==~---==~--------==---------------------=-----= =~) ~--~---~ 22 5-------                                               yy -- --- + ------- 2-2 ern                                        ¢
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oro Peregian Square     |                r     i | |             Ya!                               |                            | 1                    xy    oa                           il                   |        to schedules for details
ae    or             ;  ;                "    a                       ; '              |           ‘                        ;   :  ca                          AO                              ,            :  '
%                    14                  if                       pt                                                       f                                         ll         g         |   acai          a
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    5                1                   ie      =                    i!                   ¥       ;                     ;                /         ry       7            YO              |        a :                 as scheduled
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           eee                                                                                                        SUNSHINE COAST REGIONAL COUNCIL                                                                          ee
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ye                                                                                                                            APPROVED                                                                                        ee
   VRS...       ||                                                                                                       mcu = 11/0266. =        4. June 12                                                              ~My
     a a                              WZ              [Sl a= Newtommeniolbuldng9=<“C*=“‘“‘S*S*S*~*~*~<“‘“‘é‘;S*”*”””!”!”!!~«*dé«Seoe OOS AT YLT                                                        L_               <a 1
     i, Snare architects                    =            ar                            | 6 Heron St, Peregian Beach          | Deve Maloney Investments Pty Lid 046 os    Ground Floor Night                   ps          )
                                           \y         eee                              | project                             | dient                      jbo)    dawn   | drawing                            ch   nia  Nod.
                                                                                                                                           Page 38 of 58

Section 39

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 39 of 58

SPECIAL MEETING AGENDA                                                                                     5 JUNE 2019

     (                                                                                                                            [OT 0352 A | DAAmmondments Detailed Design )
      Legend                                           ry     =\                                             vy               SSN)           Ra       FP       ee,
      s    Sink                    spat            Sow Ys ae ore                                           Ap    eee             ae Wee         ER                 %
      vb   Vanity basin      pre Se                   RS         Spe                                      i,   eee                .   ae        ©    THY          en
      9    —-Gasbottle      eo             Sy   ge Tee             Ho]                                  0)   gee              i |    BET       es        Aah      *
      he   Hosecock          my SAY       £2              a    SH ide }                                 PS         NIE ESS          tl  ENS              a ty     “airy
       Ri Rectang wet       PAM       tien.    MU         A       ek                                   (fae                  a, Oh           SOS            ¢         ;
       R2 —_Roof sheeting type 2 :  ea     eee          BSS    ASS                                      Leo Bee Wei      pee     wai         A              ey        Bh,
       R3 Root sheating type 3        eS    os SS       WATT     CeiN                                  Ls Se Rue             ili x        TANT                         ys
       RA  Roof sheeting type 4  gg    *       LMU          MWS     |e                                 BE ee SS                aN            aS   a        a.          Be
       HWD — Recycled hardwood  ‘.          Sy smite Yee                                               3      lisat =o Dae           “a              7    _ pet      py
      Refer to Schedules For Details *    a   ST      AS       cate Nici?                           AON       STA ie                 ete            by,   “bet
                                  "yy =         OS i yt}                                            a            ee               tit   USF           PS    ae ition, BS
      All plans, elevations & sections are to WA . Pal AE Sor       Na                             &        Mite ere                      me    yee      % ae OE Bi Sh
      be read in conjunction with engineering fap ned” TT S| SAAN Op, |) pF                        eA,       DARRIEE Pee*                   Lf        ee
      landscape & hydraulic drawings.     Js       LRA   BA Pema                                   em yey    BAAN                         = ee      Ne     ey”
      All structural elements: including slabs, eS  EASA        coal                                “Aan, we     er                 —                RAN      27
              eso                        fe                   Coa                                     mead                                     i
      eon doun     eng                   4     i      lie. iS       ee                                                    Oy   E         z                FFG     planter boxes, typical
      Refer any discrepancies to         i ad y         meas                                                            6        <6                               ene:
      Refer         Architect for             pe     a  Me                                                                             ee
                                                 ee                                                  lol cence laces    elle   _~                                            "
                                                                                                                          | a                                     anes     e
                                                                                                                                                                        4 \ x
                                                                                                                                                                  tranalocaldvoot LHe
                                                                                                                                                                  sheet    ot
                                                                                                                                                                 Lica   om SET,
                                                                                                                                                                 Bee ate. eD
               |                  i                             ee                                                                es                            ae     TNS
                                          =                     =             !      is]                  is        |            5]                               i, ne    ——
  7)                                    —                     —                      —                     =_—                   >.      os    h                  "Lae Z|
 a R2 as scheduled          a                                                                                                     et                                       |
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 wach             R    Rt  7                                                                                                                              RS
 ee                    =                                                                                                                                 ;
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  4                         #|                                                                                         :                 =                         a
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 rl                         f                                                                                          |                       :                   box-out for kitchen
  end                      BY    |                                                                                                              =                 | office joinery, typical
    z                     oe)                                                                                                                   U3]                        |
    :                        FE      )                 =                    Ty             NV     _—_S                                      oo                     —_—
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    fim                                                                                                                                                                   oS
   || balistrade type 1 as                                                                                                                                        as         z
  Cas | Pohbeuled                                                            SUNSHINE COAST REGIONAL OPUNCIL |                                                     ~~         ~
  x Zk     =                                                                                                                                                        cers Sascheduled
    tw    =                                 >                                        APPROVED                                                                      = a        x
      Ht |                                                                                                                                                           SE       sk
                              ij                                               mcu      1110266  4 June 12
                             Wife            Fig grot on Fm ran    in ——<$<<$<$s$_                                             Soe O0@AT MULL                       i
       sparks architects          =~                              | 6 Heron St, Peregian Beach "Dave Maloney investments Ply Lid 046 ps - First oor         ois (7)
                                 rh       :   repeal ae           | peed                       | chent             [jpbno | dew | gromang                    gn     ots
                                                                                                          Page 39 of 58

Section 40

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 40 of 58

SPECIAL MEETING AGENDA                                                                                        5 JUNE 2019

     CTT Ee Tess                                                                                                                                              | Detoliod Design |
      legend                                    WR     ot py sai                                            14 SUEY AAO
                                                  Ni VAUETON NEN                                                BYRNE.
      s   Sink                                  NT       NAS ew | |                                          Tas          ie
      vo  Vanty basin                         =      RON ane                                               “a Raye
      .:   loomen                            “AN Ge Ee is 11/4                                           “aS 4
      Ri  Roof sheeting ype 1               sxe Se              (ee   Sid:                               SSA              ae
      AS   Rocteneetna tees                      REA ae                                                   SRR
      R3  Root sheeting ype 3              SSO Aa                                                       SSR.
      Ré  Roof sheeting type 4              DP OUDTOT    TER MOOS                                            RN
      OP   Downppe                           FLA RMD                                                     TT     ea eege 6
      HAD Resyded haniwood                  TRA              eis                                          ST   ER
     Refer to Schedules For Details          TRS                    Nir                                   Fee
      All plans, elevations & sections are to He    CAA           ie                                               ee Re    ie
      paswckieukteaee                            eA        St Sl                                               RAEN
     All structural elements; including slabs.  »  WANNER                                                            j
     columns, beams, footings and framing;               RY AS
     to be in accordance with engineer's                  ;
     design and detai.                      aN
     Refer any discrepancies to Architect for GY
     written instruction.

                         TT ll Th                      r                    ;         a           1 tae                   7                                ,
                           Wil                                                                       3                   |                     A                      soma
                           I                                                                                                                            —             Leche
                           Hh  |
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                            (|                                                                                                                 |
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                                 1                                                 Pete ee
                                 4                                     Aa      A Sa                  e                                        |                      frameless glass
                                ;                                      Fan"   aie  eae             i A                                        Ht f+}                  Dalustrade to comaly
                                 :            -                    -                             ad a7]                        a              7]
                  .             :            |                                                                                    ey           ;             “
                                       yy                                                 :        7              —              |
                                f            |          LesHOe ig) “ee      |        eas                   ” ho Gied                |         3                       298 schedules
                                         Bs |          [aS —                ll                          tg     ee |                 4         b                       hd seat, typicas
                                <<                                                           ,                                     ee
                              I             ND   eee                        ae                                            geo           Se ow)
                                     SSS Teel         ———      —    ——__—            Sa ae               ————        =          5        GD Tema
                                        NNT] ta Mn ven                                  PR                 ares             3
    o_—                      t                                                          te [oe                                                                      — a
                                                                                                                                            SUNSHINE COAST REGIONAL COUNCIL
    glass roof over stairwell
                                                                                                                                                   APPROVED
                                             A                                                                                                                |
                                             y                                                                                                MCU     «110286. = 4 June 12
                                   =       =                       New Commercial Building                                        Scole HOOSAS YUUVL_S~
       sparks architects                      RT                  "| 6 Heron St, Peregian Beach | Dave Maloney investments Pty Lid O46 | 0s Roof Terrace Plan po17  Ct)
                                          Sane                       mn                          a beam Tecan                                              —Taaa ne
                                                                                                            Page 40 of 58

Section 41

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 41 of 58

SE  OO ————                                                                                                                                      Te Date    Issued Betalls             nnd Declan»
 x                                                                                                                                        a        :    01.03.12 A__| DAAmmendenents   Detailed Design )
   Legend
  oc     Off form concrete                                                                                                             Wy Oi
  HWD    Hardwood                                                                                                                       na  ei
   1     Tile type 1                                                                                                             4   a     ye
  T2     Tiles type 2                                                                                                         Se ARAL
  Pv      Photovoltaic array                                      wy                                                                RE    Ayer
   >      soe                                                     Yi                                                          sg           Re
  PB     Plasterboard                                            ON                                                          LN         DiS   pie
   “|     Meee                                             in     a                                                             SU
   ™.    Tensile material                               et war   Mh                                                                  ys i       AA Weeds
  ss     Staintess steel                                   . ‘Shay ye        ia                                             ipa      OK ag eo
  PLY    Plywood                                        rays eet        yy Vis                                              a, MER       Lag
  Refer to Schedules For Details                          Sab                   5                                                    ANNO
                                                                vith Y        Adie                                                   ayy       belie
   NOTE: All structural elements; including             tah     Nie “bff an                                          Stn) Wy        dale patie Ta
  af slabs, columns, beams, foatings and                      Soe   Aa                                                       SI         i it
  framing; to be in accordance with                        SPU EF                                                                     wy    bd. Wyte      Me      h
   engineer's design and detail                   sh            OH Die Nie                                    Y            Sty Sa         AN Mier                p
                                                   BE. Wires il REL   gp, beet                                             SMA | Ae                           vo
                                               .        Sha (P=                                                  Ne                                    Le                i
                                |              ‘y       SSy aA 1d          At                                 (   “SoS.                         dep
 fo comply nih SCA part          !             .    SG NY Hs eal                                              Q         =     SS                          _               | phetovltac ary
 382                                            ¢      A) vs > | ehtabaeae         po                             Ke                      re                (e
                                                 MR                Te = _ tae        i                   49                 SS   das,  (| A      Bg \) ler              i                8m height lint at
dove nol protrude fheough                  a7 — hy fs J           Tee Pm        tt     y                    Wa)      i    soak    aS    Re        e    7)      a7  y A    ;              extremity of building _
 basing anil beyond                              i          SE      aver phd 7      b                      Uy      ,  SSS                | Wipe elt bitet     Bs       P|                northeen most
                                                      SS    E     g ite      es ae ee ee ee                     Fn    A              a             a                       pment                   eeen
               SRR                   ha    ha a 95                 ME)   nr         a       a                ca          SSR Teen          as                  Piatt
 roofterace = RL 153800          Th                                   a ee                                                                                              A                RES
                                                                                                                                                                                         HWD feature screen as
                                                                  {                                                                                                                       scheduled
 awning.                                                      i                                                                          P                                                oc
                             ers                              F                                                    :                                                                                “é i  Sins
 fretficor = _ RL 12140   «        ,      =                                                                     ;                                                                 —_————@-}-4
                        oe          3                             |             =                                                        )             a...                                       oe
                                    z           —— +                                                                   EEO                 === ————£=$—=—£————————_—_—_—_—_—_—_—_—_————              2    a
                         an        | tt                                                          T     "         :         eo <a     ey                              ‘|                                ay “~
 SS supporting rods  2, Ht wk         c    Es                                             ie          ad           Ms                       i                                             Se           \y *
                    sa,      *Y             io                                            Poe            i    \     “Se                      }                                            internal green wall
                    fe              i                                                     ED         ae                                                         ia
  ae               we lhe      }                              |                 4 >         Bae      |  es   ‘                              | ———                    ‘       oe          DP as scheduled
                    “i                           t            lit               d                          |                                |                       al a \                   wr
                       |                    b             deal          ferree                                                 eS                                               ayo
gourd tor    wee Lg                                                       pa ea          M1                          ere’                       BS                                                     {_—
  pees Sok
  a         ney                                                                                                                                            $$$ $$$                        captay
  round   tena
 HWD ary bar
                                                                                                                                                                                                         ae
                                                                                                                          SUNSHINE COAST REGIONAL COUNCIL                  [SG Ao Solel
                                                                                                                                                                            a ———_ ees
                                                                                                                                  APPROVED                                  A                      SI
                                                                                                                                                                            qi   co        me
                                                                                                                           MCU        11/0266     4 June 12                a
                                                                                                                                                                           hee}                | br)
                                                                                                                                                                    Key Plan
                                                                                                                                                                    Scae 1500
 rr                       —_   \\ [A           ieee           ec          ~ New Commercial Building          T                 -                     Seok OG AI YYUUUL__.sL__J                weoN OK
    sparks architects          S     :              ,                       6 Heron St, Peregian Beach       Dave Maloney investments Pty Lid 046 ps North Elevation                  poz)    {          }
 \                                  \         " aorta Oy OS ee ue           ron                               cds                      bob mer drawn  drowine                         | cha nn %        /
                           Earner                         eI                                                           Cows:                       | towing             NH
                                                                                                                          Page 41 of 58

Section 42

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 42 of 58

SPECIAL MEETING AGENDA                                                                                                             5 JUNE 2019

                                                              -                                  $C—7-—————————————— TTT                                  T Rev Date Issued Detaled Heeinn
     (                    ‘                                                                              7                                                    01.0312 A | DAAmmandmants        Detailed Design )
     Legend                                                                                                                                                             Wy
     He                                                                                                                                                            Souk yA 4 wy
      yet                                                                                                                                                          Si      Pos
      PV     Photovoltaic array                                                                                                                                ; Shu    le    yer
      o     Saaneees                                                                                                                                          Sg ala vee
                                                                                                                                                                  Sina,      ae Mee
      FG     Frameless glass                                                                                                                               1       “Se       tS a
      ™      Tensile material                                                                                                                            Beli        Nee
      SS    Stainless steel                                                                                                                                 PSB Vee: aa                Nt
      PLY    Plywood                                                                                                                                               = Sh Ve ;           .
      Reler to Schedules For Details                                                                                                                            wily     ee
     NOTE: All structural elements; including                                                                                                               SS SY        a hue ii          ote
                                                                                                                                                              pA!      .    -     a) "       ‘é
      af debe, cohenne, beams, footings end                                                                                                            .          SSS        hit            Tj
           ; to be in accordance                                                                                                                     she     rf  /       RA       a4
      ——                                                             i                                                   |                               SSS Nig                  Sp
                    frameless glass                                                                                                                     whey Md       AY
                    balustrade beyond                                                                                    i                         4       SSN     aS        ee   ba                }
                     builing wall beyond,                                                                                                           SA,            a    ee             Th Uf     21S pitched roots | Skw
                     does not protrude through                                                                                                        a         —F       Ree           poe          photovoltelc array
                        ee                                                                                                |                  “S          Sgt } yen                                 jee rarnind
                     @m height limit st easter                           |    ee                                          |                       SS oa Ol                          JA      eh?
          |                                                                                                                                    “Nat! Piso PSS        ay    ‘     Sie Vr          pa
          lame       swat exkeenty ofbaiang        enn     denn=-       -    Proriose.               = pq - =~ === === === ===                                     Se      pias       Le          ------
a                    rootterrace RL 15.380                                     Ong 2                   ee     a a]                                          SSS
           Li                                                                           |                     ty                                               sig anne || eels
                                                                                 :               |                                                                   «        late  Vs
Ss                                                                               o         |i                    |                                              ee ih
                    TM pivoting shade fin                                                  |                                                  a       ie Sa                            Tm
                                                                                                 |     |      |                  ‘     a “SSS SES ts Heh VaR
 _       i       4} fest for     RL12 140                Fi, ss                         |                     |                     ~~               Sree           At ibe: yp ab
  i      t                               O_O ee     ee             ar                                                       fa (ne,                       a           TO      Sp TS      i.
  l                                                      te   ‘ a                                                                                           se        =       yt
                 ee                                      4      ,    42ST =“) =                                                   Ponte      ee                  aa       Y  is fe
                                                       a ey                                                                    A Fn Sha                           sed
                                                              y      |                i                        {                    Lax     Ba       n                    Hy]                       ——
                   j                                           }     |                  s                                              ni}     }       )                                           peregian square
       $    =      jo                    a       ——     Tt     teeny                 ae                         nee   ef                              \y    Mga Vs      4 tee                 AF
                                                                                                                                                     (a                                Pn
                     services enclosure /                                                                                                                                                          nominal fit-out to
                     Reenmereeh                                                                                                                                                                    Foca tone
                     council requirements
                    DP as scheduled
                                                                                                                                       SUNSHINE COAST REGIONAL COUNCIL           eae Bimnak
                                                                                                                                                                                 Soo
                                                                                                                                               APPROVED                          Al    cl        oO      iA
                                                                                                                                         mcu      1410266    4 June 12           wh                     po
                                                                                                                                                                                 ooo} 7
                                                                                                                                                                         Key Pian
                                                                                                                                                                          Scale 1.500
                                   \t              SL      a      =eT          | NawCommerdalsuding)9=~*~“‘S~S*;«*~;7C2CSS                               SYS TOS AT YL                             Fa
                        :           |                    |                     |
     { sparks architects                =           eae                         6 Heron St, Peregian Beach         Dave Maloney Invesiments Ply Lid 046 os East Elevation                   002.2          )  )
     \                                  \                ie mee                | penjert                            chont                   | jn ne deca   decry                             choy na \
      On                                                                   ea      err                                                         ee   eee a                      a           ES ne eri         EE
                                                                                                                                 Page 42 of 58

Section 43

SPECIAL MEETING AGENDA    5 JUNE 2019




                         Page 43 of 58

SPECIAL MEETING AGENDA                                                                                              5 JUNE 2019

     (                                                                                        =                                              07,03.12| A | DAAmmendments,  Detailed Design )
      Legend                                =
      OC —Off form concrete                   7
      HWD    Hardwood                      x wy
      1     Tile type 1           Hung Wy A AE
      me     Mhes                           aD
       ny    — array                      Ph 1h,
                                au Nha: 4 PONE   eee
      PB    Plasterboard         SOs       phy     ti
      ™     Tensile material           * y 7 Wee Yeedk
      FG    Frameless glass            eal ne sie        re
      PY     weed               SU            hag
      Refer to Schedules For Details   “a         i,
      NOTE: All structural elements; including ly SON Bi 5 rns
      all slabs, columns, beams, footings and eet Sat —_     .
      framing; to be in accordance with chy CPE ahaa Witte  kee
      engineer's design and detail, SS , yl) pe pee
                                       — Se. Ze hpi                                   i                                $$ —$ fini
                    /           om         TT PR eee
                    %         Shan | ee                   :      y                    j                                                                            R3-'solar guard’ glass
                     Ad,       dt       SRNL I                ie                                                                                                   skylight
       peasant te ~y         bese:        ee                 Wy!                       |           -                                  |                            .     on
     ca                   SS ee                                    F!OSC«d                                                                                                ae
                 —--- MB      ahs wp        i ae           La                           \ coneataasleaecsenseitienn a it sy Wt ss
                           Sey            yy fai. een                                  e             :             :          aa      f                                                     |
     frameless glass balustrade —————=~- =   1 Se                                           pee rp SPEER, PF ON          iS    tl
     roofterace = RLIS3OO                       we                                         ee ees         —    nn          fe  ——                i        ee eee                            |
                                i i eae       iy a EP                                                 |    |     '    |   ‘q                                                            mes
     HIND feature screen as  SSeS, te hes.                                                            1          }  |                                              ™      shade fins       oe
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                                                                                                                   Page 43 of 58

Section 44

SPECIAL COMMITTEE MEETING REPORT                                                     5 JUNE 2019


2.   PLANNING & ENVIRONMENT COURT APPEAL 4066 OF 2017 – 215 DAVID LOW WAY,
     PEREGIAN BEACH – PROPOSED SETTLEMENT CONDITIONS

Author           Manager Development Assessment, Kerri Coyle
                 Environment & Sustainable Development

Index            ECM/ Application / MCU16/0153 /Appeal/ Thomco

Attachments      1.    Proposal Plans (24 page attachment provided separately to this agenda)


EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Manager, Development Assessment to the Special Council
Meeting dated 5 June 2019 regarding Planning & Environment Court appeal 4066 of 2017 and
agree to settle the appeal generally in accordance with 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.
     Approved Plans
2.   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:
            Plan No.        Rev.              Plan / Document Name                      Date
          16003 SD-02        4                                                      16 April 2019
                                   18082 Location/Site Plan prepared by Red Door
                                   Architecture
         16003 SD-03         4     18082 Site/Rufous Street Overlay prepared by     16 April 2019
                                   Red Door Architecture
         16003 SD-04         4     18082 Site/Floor Plan prepared by Red Door       16 April 2019
                                   Architecture
         16003 SD-05         4     18082 Site/First Floor Plan prepared by Red      16 April 2019
                                   Door Architecture
         16003 SD-06         4     18082 Site/Roof Plan prepared by Red Door        16 April 2019
                                   Architecture
         16003 SD-07         4G    18082 Site/Unit Building Roof Plan prepared by   16 April 2019
                                   Red Door Architecture
         16003 SD-08         G     Kamala Plans prepared by Sprout Architects       24 May 2018
         16003 SD-09         G     Kamala Elevations prepared by Sprout             24 May 2018
                                   Architects
         16003 SD-10         G     Marram Plans prepared by Sprout Architects       24 May 2018
         16003 SD-11         G     Marram Elevations prepared by Sprout             24 May 2018
                                   Architects
         16003 SD-12         G     Saltbush House Plans prepared by Sprout          24 May 2018
                                   Architects
         16003 SD-13         G     Saltbush House Plans prepared by Sprout          24 May 2018
                                   Architects
         16003 SD-14         G     Saltbush House Elevations prepared by Sprout     24 May 2018
                                   Architects
         16003 SD-15         G     Saltbush House Elevations prepared by Sprout     24 May 2018
                                   Architects
         16003 SD-16         G     Lily House Plans prepared by Sprout Architects   24 May 2018
         16003 SD-17         G     Lily House Plans prepared by Sprout Architects   24 May 2018


                                                                                    Page 44 of 58

Section 45

SPECIAL COMMITTEE MEETING REPORT                                                   5 JUNE 2019


              Plan No.      Rev.                Plan / Document Name                   Date
          16003 SD-18        G     Lily House Elevations prepared by Sprout        24 May 2018
                                   Architects
          16003 SD-19        G     Wallum House Plans prepared by Sprout           24 May 2018
                                   Architects
          16003 SD-20        G     Wallum House Elevations prepared by Sprout      24 May 2018
                                   Architects
          16003 SD-21         5    18082 Floor Plans prepared by Red Door          16 April 2019
                                   Architecture
          16003 SD-22         5    18082 Floor Plans prepared by Red Door          16 April 2019
                                   Architecture
          16003 SD-23         5    18082 Elevations prepared by Red Door           16 April 2019
                                   Architecture
          16003 SD-29         4    18082 Staging Plan prepared by Red Door         16 April 2019
                                   Architecture
          1108-155C-01-02    C     Simmonds & Bristow Drawing                   13 January 2012
                                   Figure SW-1
     The approved plans may be further amended by the conditions herein.
     Staging of Development
     The development may be staged in accordance with the approved staging plan. The first
     stage must include the following:
     a.       All required bushfire management measures
     b.       All required acoustic fencing and screening
     c.       A 2m wide concrete pedestrian pathway between the motel building and the adjacent
              IGA shopping centre
     Nature and Extent of Approved Use
3.   The approval is for 19 x 3+ bedrooms Visitor accommodation Type 4 dwelling units, 1 x
     manager’s unit and a Visitor accommodation Type 4 motel building which contains 10 x 2
     bedrooms dwelling units and 22 x 1 bedroom accommodation units.
4.   The manager’s unit is for permanent occupation by the manager of the approved Visitor
     accommodation Type 4 dwelling units.
5.   The approved units must be used for short term visitors only. The approved units must not
     be occupied by persons for continuous occupation in excess of 90 days for each calendar
     year. A register of occupation must be kept by the body corporate and made available to
     Council upon request. The requirements of this condition must be included in the Community
     Management Statement for anybody corporate for the subject site. If the development is to
     be staged the motel must be built in the first stage.
6.   Non-residential uses on the premises must not operate outside the hours of:
     a.      7am to 10pm Monday to Thursday
     b.      7am to 11pm Friday and Saturday
     c.      9am to 10pm Sunday or any public holiday
     The requirements of this condition must be included in the Community Management
     Statement for any body corporate for the subject site.
7.   Service vehicle movements associated with non-residential uses on the premises (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.


                                                                                   Page 45 of 58

Section 46

SPECIAL COMMITTEE MEETING REPORT                                                      5 JUNE 2019


      Building Height
8.    The maximum height of the 19 Visitor accommodation Type 4 dwelling units and the
      managers unit must not exceed 8 metres above the finished ground level and the natural
      ground level, other than in respect of dwelling units 1, 8 and 9 which have a maximum height
      as follows:
      8.1. Dwelling Unit 1: 9.056m above natural ground level
      8.2. Dwelling Unit 8: 8.602m above natural ground level
      8.3. Dwelling Unit 9: 9,106m above natural ground level
9.    The height of the Visitor accommodation Type 4 motel building must be in accordance with
      the approved plans.
10.   Certification must be submitted to Council from a Licensed Surveyor which certifies that the
      buildings do not exceed the maximum height requirement of this Decision Notice.
      Building Appearance
11.   All air conditioning units or other mechanical equipment must be located at ground level, or
      otherwise fully enclosed or screened such that they are not visible from the street frontages
      nor adjoining properties.
12.   All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
      such as shutters, louvres, glass panelling or the like, except where required to satisfy any
      privacy condition of this Decision Notice.
13.   All buildings shall be finished in natural, muted tones and include a mix of materials as
      depicted on the Approved Plans.
14.   Any advertising sign or device is to comply with Council’s policies on advertising.
      Access and Driveways
15.   A sealed access must be provided from Sandpiper Court 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.   improvements to the existing access to Sandpiper Court. The improvements must be
           sufficient to cater for the existing commercial use and the additional traffic and vehicle
           types (passenger, service, refuse and emergency services) generated by the proposed
           development
      b.   internal access roads that are generally in accordance with the approved plans
      c.   driveways to each residence that are in accordance with Council’s Standard Drawings
           RS-049, RS-050 and any associated addendums
      d.   a driveway to the multi-unit building that is in accordance with Council’s Standard
           Drawing RS-051 and any associated addendums
      e.   suitable safety measures, including warning signage, to improve driver awareness of
           pedestrians and enhance safety. Warning signage must be provided near the exit from
           the development site to warn motorists of pedestrian movements and other vehicles at
           the Sandpiper Court entrance
      f.   clearly visible signage must be erected at the threshold of the internal road, which
           clearly indicates to motorists and pedestrians that they are entering a private road
           system
16.   If the development is to be staged a temporary sealed turnaround facility must be constructed
      at the end of each road left temporarily incomplete as a result of the development staging.
      The temporary turnaround facility must be in accordance with an Operational Works approval
      and must be of sufficient size to accommodate the 3-point turn manoeuvre of a refuse
      collection vehicle.
                                                                                     Page 46 of 58

Section 47

SPECIAL COMMITTEE MEETING REPORT                                                     5 JUNE 2019


      Car Parking
17.   Car parking spaces must be provided in accordance with the approved plans and marked on
      the site and made available and accessible at all times while the use is operating. The works
      must be undertaken in accordance with an Operational Works approval.
      Service Vehicles
18.   Service vehicle parking, manoeuvring and standing spaces must be provided for the Visitor
      accommodation Type 4 motel building on the site in accordance with the approved plans.
      The works must be undertaken in accordance with an Operational Works approval.
      Pedestrian Facilities
19.   Pedestrian facilities must be provided for the development. The works must be undertaken
      in accordance with an Operational Works approval and must include in particular:
      a.   the internal pathway network generally in accordance with the approved plans;
      b.   a 2m wide pathway connection to the existing pathway network located in the reserve
           to the north of the site;
      c.   a 2m wide pathway connection to the existing commercial development in the southern
           part of the subject site.
      Stormwater Drainage
20.   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.
21.   A Stormwater Management Plan must be submitted for approval as part of an Operational
      Works application. The plan must address the management of stormwater quantity and
      quality and must be generally in accordance with the Stormwater Management Plan (SLR,
      23 March 2018) being exhibit 64 in appeal 4066 of 2017 with the following specific
      modifications.
      a.   The development shall include a 3kL tank to be provided to collect and reuse roof runoff
           from each unit, and a 200kL tank must be provided to collect and reuse runoff from the
           motel.
      b.   The detention tanks must be sized to ensure no increase in peak discharge from the
           site for all events from 63%AEP to 1% AEP inclusive.
      c.   The first application for Operational works for the development must include a Music
           Model prepared in accordance with the Water by Design Music Modelling Guidelines,
           and which demonstrates that the development layout proposed in the Operational
           Works application will achieve the State Planning Policy Water Quality Objectives of
           80% Reduction in Total Suspended Solids, 60% Reduction in total Phosphorous, and
           45% reduction in Total Nitrogen. The results of the MUSIC modelling must also
           demonstrate that the developed site will discharge less annual loads of Total Nitrogen,
           Phosphorous and Total Suspended Soils respectively compared to the pre-
           development scenario.
      d.   The pervious percentage of the development must be consistent with the pervious
           percentage derived from attached Simmonds & Bristow Drawing 1108-155C-01-02
           Rev C (13 January 2012). RPEQ certification must be submitted to Council that states
           the pervious percentage of the final development is consistent with that derived from
           the Simmonds & Bristow Drawing.
      e.   The configuration of the stormwater quantity and quality components of the stormwater
           management system must be generally in accordance with Figure SW-1 (attached)
           unless otherwise agreed by Council.


                                                                                    Page 47 of 58

Section 48

SPECIAL COMMITTEE MEETING REPORT                                                        5 JUNE 2019


      f.    The bioretention system must be formed with batters and not walls and include a
            minimum width of 5 metres.
      g.    Unless directed otherwise by Council, the detention tank will be covered.
      h.    The plan shall include detailed information in relation to the following aspects of the
            design of the bio-retention system:
             i.    calculations of underdrainage requirements for the bio-retention system;
             ii.   filter media composition requirements;
            iii.   a schedule which details how the construction, establishment, certification and
                   various inspections associated with each treatment measure relate to other civil
                   works;
            iv.    Where bioretention basins are used for stormwater quality treatment, the design
                   must be consistent with all aspects of the Water by Design (2014) Bioretention
                   Technical Design Guidelines Version 1.1) Healthy Waterways Ltd Brisbane,
                   including for free draining outlets to and from the bioretention basins, and include
                   completed copies of the design check and summary contained within that
                   document to confirm free draining outlets, within reasonable construction
                   tolerance capabilities are achieved; and
             v.    presentation of groundwater testing results which demonstrate that all parts of
                   the treatment measures are located above seasonal high groundwater levels.
            A copy of the detailed civil drawings for the bio-retention system must be included as
            an appendix to the plan.
      i.    The plan must include a comprehensive Maintenance Plan for the detention tank and
            the bioretention system including the frequency of cleanout, methods of cleanout, and
            general maintenance. The plan will include the requirement for regular inspections and
            the keeping of records (to be maintained and made available to Council upon request).
            The plan is also to stipulate that all necessary improvements are required to be made
            immediately upon awareness of any deficiencies in the treatment measure/s. The
            detention tank is to be capped and trafficable.
      j.    The plan shall include details the costs of maintenance (including periodic replacement
            of filter media) over the life of the asset.
22.   The Maintenance Plan (including costing) must be included in any Community Management
      Statement for the site.
23.   The Body Corporate for the site must enter into a contract with a suitably qualified
      contractor(s) for the maintenance of the stormwater quantity and quality devices and provide
      evidence of both the contract and execution of the contract upon request by Council.
24.   Prior to the commencement of use, certification is to be submitted to Council from a suitably
      qualified stormwater quality specialist to verify that the bioretention works have been
      constructed generally in accordance with the approved civil works plans, conditions of
      approval and relevant sections of the Construction and Establishment Guidelines: Swales,
      Bioretention Systems and Wetlands (SEQ Healthy Waterways Partnership). Council
      approval of the constructed stormwater management system is required prior to
      commencement of use.
25.   Certification is required to include all relevant items noted in Construction and Establishment
      Guidelines: Swales, Bioretention Systems and Wetlands (SEQ Healthy Waterways
      Partnership) including completed and signed forms.
      Acid Sulfate Soils
26.   The application for operation works must include an Acid Sulfate Soil and Groundwater
      Management Plan for the development prepared by a suitably qualified person and in

                                                                                       Page 48 of 58

Section 49

SPECIAL COMMITTEE MEETING REPORT                                                      5 JUNE 2019


      accordance with relevant State Government Policy and Guidance material to prevent any
      impact to the receiving environment as a result of development within actual or potential acid
      sulfate soils, and associated groundwater impacts. Detail design plans provided with the
      application for operation works approval must demonstrate how the bedding surrounding
      underground pipework will be managed to prevent continual dewatering of groundwaters
      along it to the receiving environment, and how any impacts to groundwater from proposed
      filling on potential or actual acid sulfate soils will be managed.
      Easements
27.   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.
28.   All easements for public or third party infrastructure must be 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.
29.   All works must be kept clear of any existing or proposed easements for public or third party
      infrastructure on the subject land, unless agreed otherwise in writing by the Grantee.
      Earthworks and Retaining Walls
30.   All earthworks and associated retaining structures/batters 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.
31.   Earthworks carried out on site must not affect the structural integrity of any of the existing
      buildings and/or services and/or structures and/or lands that border the development site.
      Damage to Services and Assets
32.   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:
      a.   where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
           or
      b.   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.
      Outdoor Lighting
33.   Any outdoor lighting with the potential to affect surrounding residential premises shall be
      designed, installed, operated and maintained in accordance with AS4282 “The Control of the
      Obtrusive effects of Outdoor Lighting”.
      Fencing and Walls
34.   Any street fencing to David Low way or Sandpiper Court must be set back an average of 1
      metre from the front property boundary. Any fencing on the front boundary must either:
      a.   not exceed a maximum height of 1.2m
      b.   be of open construction.
      Street Identification
35.   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.


                                                                                     Page 49 of 58

Section 50

SPECIAL COMMITTEE MEETING REPORT                                                      5 JUNE 2019


      Clothes Drying Areas
36.   Each dwelling unit in Stage 2 must be provided with access to an outdoor clothes line which
      is screened from public view.
      Performance Bond
37.   Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 for
      stage 1 and $50,000 for stage 2 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.
      Community Management Statement
38.   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.
      Sunset Clause for Completion of Approved Development
39.   Pursuant to s88(1) of the Planning Act 2016, the aspects of this development approval which
      have not been completed within 8 years of the date the development approval takes effect,
      lapse.
      Fauna Management
40.   Vegetation must only be removed or disturbed in accordance with a Fauna Management
      Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational
      Works approval and include the following items:
      40.1. The Fauna Management Plan must address and demonstrate compliance with the
            requirements of Schedule 11 Part 2 Section 7 of the Planning Regulation 2017.
      40.2. Identify all koala habitat trees on plan
      Landscaping Works
41.   The development site must be landscaped in accordance with a Council endorsed landscape
      package prepared by a qualified person*. The works must be undertaken in accordance with
      an Operational Works approval, Planning Scheme Policy 3 Landscape Plants and Guidelines
      and must include in particular:
      41.1. Clear integration of the Bushfire requirements for the site, including landscaping
            treatment to the western 20m building setback area using low threat vegetation.
      41.2. Landscaping adjacent to the northern boundary of the subject land within the Rufus
            Street reserve and Rufous laneway to provide a visual buffer to the development.
      41.3. 3m wide landscaping in the northern building setback area from Rufous Street and
            Rufous Lane to the dwelling units such landscaping to comprise a combination of lawn
            and vegetation to facilitate a usable “backyard” space.
      41.4. Landscaping to the Rufous Street pedestrian link between dwelling units 13 and 14.
      41.5. Landscaping to the eastern boundary adjacent the adjoining hotel boundary
      41.6. Landscaping to the Visitor accommodation Type 4 motel building and all other Visitor
            accommodation Type 4 dwelling units.
      41.7. Landscaping to the park areas in the north east and north west portions of the site.
      41.8. Details of water quality treatment device plantings.


                                                                                     Page 50 of 58

Section 51

SPECIAL COMMITTEE MEETING REPORT                                                   5 JUNE 2019


      41.9. Details of the landscaping treatment to the western portion of the site between the
            road and the reserve.
      41.10. Details of any fencing and gates, including acoustic fencing, the fencing to the
             shopping centre and the Rufous Street and Rufous Lane and any fencing to the
             western reserve.
      41.11. Details of protection methods to be engaged to protect trees located on the northern
             and southern boundaries.
      41.12. the western boundary of the IGA supermarket development, within that development
             site.
      41.13. Native trees of a minimum bag size of 100L to replace existing trees to be removed
             from the site, at the rate of 1 replacement tree for every tree removed that has a
             diameter greater than 200mm measured at 1.2 metres from ground surface level.
42.   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.
43.   All landscape works must be maintained generally in accordance with the approved design
      for the life of the development.
      Bushfire
44.   All works must be carried out in accordance with a Bushfire Management Plan prepared by
      a qualified person* and endorsed through an Operational Works approval which includes:
      44.1. Details in accordance with the Final Negotiated Agreement for Bushfire, dated 18
            October 2018, for Appeal 4066 of 2017 including:
             i.    Amended drawings demonstrating functional bitumen or concrete one-way 4.0
                   metre wide access for motor vehicles between the western boundary of the IGA
                   site and the eastern landscape edge of the Visitor accommodation Type 4 motel
                   building to Sandpiper Court generally in accordance with Annexure A to the
                   agreement.
             ii.   Motel Emergency and Evacuation Plan including a Bushfire Preparedness
                   Manual prepared for the annual use of the Body Corporate. This manual must
                   include an evacuation plan that has a training schedule when any fire season
                   reaches “extreme” and a requirement that in the event of a bushfire the motel
                   carpark will be locked preventing guests evacuating by vehicle.
            iii.   Landholder Information Kit for residential dwellings, which detail landscape
                   treatments, safe egress routes and general bushfire safety
      44.2. Pedestrian emergency access out to the north.
      44.3. Provision of 4 Fire hydrants will be provided along the western access edge. These
            must have both urban and rural fittings suitable for Fire Brigades.
      44.4. Provision of information regarding the functionality of the Bushfire Management Plan,
            if the development is staged.
45.   A copy of the Bushfire Management Plan for the development must be provided to the
      nearest fire authority.
46.   Certification must be submitted to Council from a qualified person* prior to commencement
      of the use which certifies that the development has been constructed in accordance with the
      bushfire management conditions of this Decision Notice.
      *(Refer to Advisory Note)


                                                                                  Page 51 of 58

Section 52

SPECIAL COMMITTEE MEETING REPORT                                                     5 JUNE 2019


      Environmental Management Plan
47.   An Environmental Management Plan (EMP) for the Site shall be prepared and implemented
      by persons holding appropriate environmental qualifications and proven expertise in the
      preparation and implementation of EMPs, to ensure that the impact on the environment of
      the construction and operation of the Development is minimised, the Environmental Values
      of the Site are protected and enhanced and the Development is ecologically sustainable.
48.   The EMP shall be cognisant of the following:-
      48.1. The EMP shall demonstrate a high level of environmental care and responsibility and
            be consistent with best practice for developments of this type in similar environments.
      48.2. The EMP shall detail the Developer’s environmental policy and the proposed
            environmental management system for the Site.
      48.3. The EMP shall specify:
              i.   the performance targets, including those derived from the Conditions and other
                   requirements arising from legislation and other approvals;
             ii.   how the performance targets are to be achieved;
            iii.   who is responsible;
            iv.    when the performance targets will be satisfied;
             v.    how performance will be monitored;
            vi.    corrective actions and contingency measures;
            vii.   reporting arrangements;
           viii.   auditing arrangements;
            ix.    how the requirements are to be incorporated into construction and works
                   contracts;
             x.    how the Developer’s employees, contractors and the contractor’s employees
                   will be informed and trained with respect to the environmental protection
                   requirements; and
            xi.    enforcement and penalties for non-compliance.
      48.4. In particular, but without limitation, the EMP shall address the following issues in
            relation to the construction phase:
              i.   legislative compliance;
             ii.   soil erosion and sediment control;
            iii.   vegetation protection;
            iv.    fauna and fauna habitat protection;
             v.    weed and pest control;
            vi.    water quality protection;
            vii.   ground water protection;
           viii.   air quality protection;
            ix.    storage and handling of hazardous substances;
             x.    noise and vibration management;
            xi.    waste management;
            xii.   cultural heritage management;
           xiii.   visual amenity protection;

                                                                                    Page 52 of 58

Section 53

SPECIAL COMMITTEE MEETING REPORT                                                     5 JUNE 2019


      48.5. In particular, but without limitation, the EMP shall address the following issues in
            relation to the operational phase:
              i.   legislative compliance;
             ii.   water conservation;
            iii.   water quality protection;
            iv.    maintenance of Stormwater Quality Improvement Devices
             v.    vegetation protection;
            vi.    fauna protection;
            vii.   bushfire control;
           viii.   weed and pest control;
            ix.    biting insects management
             x.    waste management.
49.   The EMP shall be submitted to Council prior to or in conjunction with the lodgement of any
      development applications for Operational Works for the Site. Operational Works approval
      shall not be granted until the EMP is approved by the Manager Development Assessment.
      The Developer shall comply with the requirements of the EMP.
Building Demolition/Removal/Relocation
50.   Where the development involves the removal, relocation or demolition of a building, a Waste
      Management Plan (construction and demolition) shall be submitted and approved by
      Council’s Environmental Health Officer prior to issue of a development permit for operational
      works for demolition, removal or relocation of any building other than a shed.
      The purpose of the Waste Management Plan is to facilitate the segregation of waste for the
      effective reuse and recycling of such materials. Segregated wastes attract significantly
      reduced disposal fees at the landfill with some items free. Higher gate fees are charged for
      mixed waste.
      Waste Management Plans (construction and demolition) are required to be submitted in
      accordance with Planning Scheme Policy 11, Waste Management Plans.
      Waste storage areas are to provide for adequate separation of all reusable, recyclable and
      waste materials. These shall be located so that they are convenient and safe to use.
      The Plan shall contain the following information:
      a.   The site area for the storage and separation of waste is to be shown on the plan
           drawings accompanying the application
      b.   A waste management table as indicated below is to be completed showing how waste
           material is to be segregated - recycled – reused or disposed.
      c.   Table – Waste Management Table




                                                                                    Page 53 of 58

Section 54

SPECIAL COMMITTEE MEETING REPORT                                                         5 JUNE 2019


         MATERIALS ON-SITE                                      DESTINATION
                                                     Re-use and Recycling                  Disposal
         Expected waste      Estimated     On-site              Off-site               *specify
         materials           volume(m³)    *specify proposed    *specify contractor    contractor and
                                           re-use or on-site    and recycling outlet   landfill site or
                                           recycling methods                           other disposal
                                                                                       site
        Excavation
        material
        Green waste
        Bricks
        Concrete
        Timber-please
        specify
        Plasterboard
        Metals - please
        specify
        Asbestos
        Other - please
        specify
       Note * If a demolition contractor is undertaking works, then the Waste Management table is to be
       completed by the demolition contractor.
Waste Storage
51.    The developer must provide waste storage and disposal facilities in accordance with
       Planning Scheme Policy 9, Waste Management, including an external imperviously paved
       area correctly sized for all refuse and recycling containers and suitably screened from public
       places and neighbouring properties.
52.    A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer,
       via a bucket trap. The drain outlet is to be designed to prevent storm water entry to the
       sewerage system which can be achieved by a bunded area, with a nib wall height of 100mm
       maximum, enclosing a wash area of 700mm x 700mm minimum (max 0.7m²). Alternatively,
       the waste area can be roofed, or any other appropriate design approved by Council.
Noise
53.    Upgraded building envelope constructions and the provision of mechanical ventilation/air
       conditioning which achieves the ventilation requirements of the Building Code of Australia,
       in accordance with the Second Joint Report of Experts in Noise (30 May 2018) for Planning
       and Environment Court Appeal 4066 of 2017, including:
        i.   the facades of the Visitor accommodation Type 4 motel building facing towards the IGA
             building and IGA carparking area;
      ii.    the facades of the Visitor accommodation Type 4 dwelling units facing towards the IGA
             building; and
      iii.   the facades of the Visitor accommodation Type 4 dwelling units facing towards the hotel
             building, drive-through access road and drive-through bottleshop, and carparking
             areas.
54.    Prior to the commencement of use written certification is required from a suitably qualified
       person confirming that upgrades to the building facades and provision of mechanical
       ventilation/air conditioning comply with the recommendations of the Second Joint Report of
       Experts in Noise (30 May 2018) for Planning and Environment Court Appeal 4066 of 2017.
55.    Prior to the commencement of any use or sealing of Plan of Survey, whichever occurs first,
       an acoustic screen must be constructed around the IGA rooftop mechanical plant to a height
       of 3.0 metres above the roof level plant deck, as shown on Figure 4 and described in Section
       4.6 of the Second Joint Report of Experts in Noise (30 May 2018) for Planning and
       Environment Court Appeal 4066 of 2017.
                                                                                        Page 54 of 58

Section 55

SPECIAL COMMITTEE MEETING REPORT                                                      5 JUNE 2019


56.   Prior to the commencement of use of the Visitor accommodation Type 4 dwelling units an
      acoustic barrier along the common boundary of the development site with the Peregian
      Beach Hotel must be constructed. The barrier shall be constructed of materials to achieve a
      minimum surface density 12.5 kg/m2 and a height 2.5 metres above the hotel pavement level
      along the boundary of the site and adjacent to the hotel drive-through lane and carparking
      areas, as shown on Figure 4 and described in Section 4.8 of the Second Joint Report of
      Experts in Noise (30 May 2018) for Planning and Environment Court Appeal 4066 of 2017.
57.   Written certification is required from a suitably qualified person confirming that sound
      pressure levels from all mechanical plant and equipment within the development site comply
      with the following when measured at the façade of any habitable room or formal outdoor area
      of the Visitor accommodation Type 4 motel building or the Visitor accommodation Type 4
      dwelling units. Noise levels to be measured as LAeq adj 15min where adjustments refer to
      tonality or impulsivity, in accordance with the most recent edition of the Queensland Noise
      Measurement Manual:
      a.    Air-conditioning and Refrigeration
            i.    7am to 10pm: Maximum level allowable = background + 5dB(A)
           ii.    10pm to 7am: Maximum level allowable = background + 3dB(A)
      b.    Pumps
            i.    7am to 7pm: Maximum level allowable = background + 5dB(A)
           ii.    7pm to 10pm: Maximum level allowable = background + 3dB(A)
           iii.   10pm to 7am: No audible noise.
      The certification must be submitted to Council prior to commencement of the use, which
      certifies that operational noise from any fixed plant and equipment complies with the
      requirements of this Decision Notice.
58.   Written certification is required from a suitably qualified person confirming that sound
      pressure levels from all mechanical plant and equipment from the existing IGA shopping
      centre comply with the following when measured at the boundary of the newly created lot.
      Noise levels to be measured as LAeq adj 15min where adjustments refer to tonality or
      impulsivity, in accordance with the most recent edition of the Queensland Noise
      Measurement Manual:
      a.    Air-conditioning and Refrigeration
            i.    7am to 10pm: Maximum level allowable = background + 5dB(A)
           ii.    10pm to 7am: Maximum level allowable = background + 3dB(A)
      b.    Pumps
            i.    7am to 7pm: Maximum level allowable = background + 5dB(A)
           ii.    7pm to 10pm: Maximum level allowable = background + 3dB(A)
           iii.   10pm to 7am: No audible noise.
      The certification must be submitted to Council, which certifies that operational noise from any
      fixed plant and equipment complies with the requirements of this Decision Notice. The
      certification must be provided prior to sealing of the plan of survey or commencement of use
      of the Visitor accommodation Type 4 motel building, whichever occurs first.
59.   When requested by Noosa Council, a Noise Impact Assessment Report (NIAR) showing
      monitoring and recording of noise levels must be undertaken to investigate any non-
      vexatious complaint caused by noise emissions from operations at the premises. Such
      monitoring must be undertaken and completed within a reasonable and practicable
      timeframe as nominated by council and be performed by a suitably qualified and experienced
      person.
                                                                                     Page 55 of 58

Section 56

SPECIAL COMMITTEE MEETING REPORT                                                              5 JUNE 2019


60.   The NIAR is to be submitted to Council detailing the results of such monitoring and
      recommendations for any measures to achieve compliance with noise emission limits set out
      in Conditions 57 and 58
RECONFIGURATION OF A LOT
      Approved Plans
61.   Development undertaken in accordance with this approval must generally comply with the
      approved plan listed in the following table unless otherwise amended by these conditions.
           Plan No.              Rev.   Plan/Document Name                            Date
           7254 prop sub         C      Proposed Subdivision Plan                     28 February 2019
62.   An underground connection to reticulated water and sewerage must be provided to each lot
      in accordance with the standards and requirements of Northern SEQ Distributor–Retailer
      Authority (Unitywater).
63.   A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater)
      must be submitted to Council that certifies an underground connection to reticulated water
      and sewerage has been provided to each lot.
64.   Prior to sealing of the plan of survey the following works must be completed to the reasonable
      satisfaction of Council:
      a.         The required noise attenuation works to the existing IGA building.
      b.         All driveway accesses to each lot.
      c.         All pedestrian pathways.
65.   Any future subdivision of the Visitor accommodation – Type 4 development within Stage 2
      on the approved plans must be a community title scheme building format plan with:
      a.         the twenty (20) separate lots in the format plan being defined by the footprint of each
                 dwelling unit building;
      b.         the balance area of that part of the subject land being included in relevant common
                 property; and
      c.         the curtilage of each of the particular dwelling units being allocated to that dwelling unit
                 as exclusive use area.
      Easements
66.   Easement for the purposes of:
           i.     All stormwater quality treatment devices;
           ii.    Bushfire access;
       iii.       Pedestrian access from the motel (lot 2) to connect to the IGA Shopping Centre
                  through lot 3; and
       iv.        Driveway vehicle access to each lot,
      must be registered against the titles of the properties in favour of the relevant authority and/or
      property over the land area on the subject site .
67.   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.
68.   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.


                                                                                             Page 56 of 58

Section 57

SPECIAL COMMITTEE MEETING REPORT                                                      5 JUNE 2019


      Electricity and Telecommunication Services
69.   Reticulated electricity and telecommunication services must be provided to each lot in
      accordance with the standards and requirements of the relevant service provider.
70.   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.
71.   Certification must be submitted to Council from all relevant service providers which certifies
      that the development has met the requirements of this Decision Notice and all applicable
      legislation at the time of construction.


REPORT
At the Ordinary Meeting on 18 October 2018, Council considered a Mayoral Minute regarding a
planning appeal in respect of a mixed use residential development at 215 David Low Way,
Peregian Beach. The Mayoral Minute advised of the trial proceedings and the applicant’s recent
proposed settlement offer to the submitter and Council principally agreeing to change the
development to 32 motel units and 20 visitor units consistent with the Noosa Plan’s strategic intent
for the site to support the tourism industry and provide for a range of visitor accommodation choices
in Noosa.
The settlement removed the previously proposed accommodation for permanent residents from
the site with amended plans effecting a redesign, reducing the overall number of units on site and
the development footprint to better fit with the low density character of Peregian Beach and improve
landscaping opportunities, setbacks and the development’s interface with surrounding properties.
Through the appeal amended bushfire management, stormwater management and acoustic
measures were also resolved.
On the basis of these changes Council resolved to settle the appeal with a further report to be
presented to a future Council meeting for Council’s consideration detailing a full set of conditions
for the proposed development and seeking Council’s agreement to finalise the appeal.
Since that time a set of conditions were provided to the appellant for their review and the appellant
provided a revised set of plans to meet the settlement agreement conditions. The conditions have
been drafted to generally reflect and support the agreed development and ensure it will be
undertaken in a manner that address the issues raised during the appeal and achieve an outcome
for the site consistent with the Noosa Plan requirements.
It is therefore recommended that Council finalise the settlement of this appeal generally in
accordance with the conditions recommended.
Previous Council Consideration
Ordinary Meeting, 18 October 2018, Item 3, Page 2
PROPOSED SETTLEMENT OF PLANNING & ENVIRONMENT COURT APPEAL 4066 OF 2017
- 215 DAVID LOW WAY PEREGIAN BEACH
That Council:
A.    Agree to settle Planning & Environment Court appeal 4066 of 2017 for a Material Change of
      Use and Reconfiguring a Lot currently before the Court for 215 David Low Way, Peregian
      Beach subject to the terms and conditions as set out in Attachment 2 of this Mayoral Minute;
      and
B.    Note that a further report will be presented to a future Council meeting for Council’s
      consideration detailing a full set of development conditions for the proposed development
      and seek Council’s agreement to finalise the appeal.



                                                                                     Page 57 of 58

Section 58

SPECIAL COMMITTEE MEETING REPORT                                                      5 JUNE 2019


Finance & Risk
Should Council not agree with the recommended conditions for the appeal settlement, further
discussion with the appellant will be required to determine if agreement can be reached.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes - Solicitor
Submitters who were also party to the appeal are agreeable to the proposed settlement and
conditions.
Internal Consultation
Internal


Departments/Sections Consulted:

    Chief Executive Officer       Community Services                      Corporate Services
    Executive Officer             Director                                Director
    Executive Support             Community Development                   Financial Services
                                  Community Facilities                    ICT
                                  Libraries & Galleries                   Procurement & Fleet
                                  Local Laws                              Property
                                  Waste & Environmental Health            Revenue Services

    Executive Services        x   Environment & Sustainable Development   Infrastructure Services
    Director                      Director                                Director
    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




                                                                                     Page 58 of 58

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