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2019-06-05 Special Meeting Agenda
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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
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Page 16 of 58Section 17
SPECIAL MEETING AGENDA 5 JUNE 2019
Page 17 of 58
SPECIAL MEETING AGENDA 5 JUNE 2019
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| 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 58Section 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 58Section 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 58Section 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 58Section 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 58Section 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 58Section 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 58Section 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 58Section 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 58Section 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 58Section 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 58Section 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
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se ya) Sir tg, D+ ip | P 7
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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
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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 58Section 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
: oe > “ vot
ie 8 4 5
Cr 4 AK 7
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he w “yf ee 2k % Z
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j , rs. é ee f ee
ee eee
ee CO < ANGUS DOUGLASS PEREGIAN SHERONGT ee
Page 29 of 58Section 30
SPECIAL MEETING AGENDA 5 JUNE 2019
Page 30 of 58
SPECIAL MEETING AGENDA 5 JUNE 2019
?
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7
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ER VN
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SS me PARK R——————_————
Page 30 of 58Section 31
SPECIAL MEETING AGENDA 5 JUNE 2019
Page 31 of 58
SPECIAL MEETING AGENDA 5 JUNE 2019
\ |S
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Dave
eS
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“
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ity ay = ’
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ene wc j SN SY” "
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cs i As = : a o a ne e+ mand
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et ici / peel
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Hy + iorenes 4 PHOT! - - [mereoeiin ee
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Page 31 of 58Section 32
SPECIAL MEETING AGENDA 5 JUNE 2019
Page 32 of 58
SPECIAL MEETING AGENDA 5 JUNE 2019
ps =—_ —= > = a if
+ " il
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y ta yng MR URI GRG TEER Re eto oes | YS elem ae
NEE MR PAE
a my kt Ts Lae ENT A ogee io tde eae RA ocoe he oe ete “ . ~ ee Sr : a
iP ee gape te amr aa Seated Sab Sok Sete La Oh —Ts wide :. - < 2
SES Ba: Ai See ahs ed arg es it ad nc i Cee Hee Soaieer She eR Ry Ma *< ARTS pes ahi f Oe Se .
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— ES a
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SSS Nersss: | 41e0a9 PHOTOMONTAGE-HERON 02-13 [eee [a
Seana EER = a STREET ===
Page 32 of 58Section 33
SPECIAL MEETING AGENDA 5 JUNE 2019
Page 33 of 58
SPECIAL MEETING AGENDA 5 JUNE 2019
— | ee USE AREAS
poy i ees Re [2°2]enerranment & onan
ASL ROE See SES
yy ee [Efforrce vnc
eS pap | | ps [Ermer
| yeaa | |e x Pee
SS As 7 J Peereesy chy ]
|
GROUND FLOOR
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Ag Ee aber Se iPS el
seg ee Ee ey ae hoe pater So eS eee es ARF eB ieee
oo, BR
peels A =| = eee
pater tionod oy ES Ra
EE AL = <I [tee rea
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SE sees By fl N
LEVEL ONE
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Ss Sh
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IENTERTANWENTE DING [E35 n°
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= eS = ms a ———
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_——————— Cocarantectre Cream == =—— Se
——— Estes: | 416080 USE AREA SCHEDULE 96-02 ==
Page 33 of 58Section 34
SPECIAL MEETING AGENDA 5 JUNE 2019
Page 34 of 58
SPECIAL MEETING AGENDA 5 JUNE 2019
: | SUNSHINE COAST REGIONAL COUNCIL a aaeads Detailed Design
APPROVED —
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, TF al 7
4 a p
n f° :
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a FC. s cate i
| = , : |
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- ee a ns
\ New Commercial Building not to scale - 7
t spar ks MK 6 Heron St. Peregian Beach Dove Maloney investments Pty Lid 046 os Day Perspective opi) \ }
Page 34 of 58Section 35
SPECIAL MEETING AGENDA 5 JUNE 2019
Page 35 of 58
SPECIAL MEETING AGENDA 5 JUNE 2019
. . 7 a a! | Detailed Design )
se a
© » te
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LSBs Pn r pw Re a :
Se er a baat rs
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wa So ee "a ;
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f 4 a RE NEN ING
= ’ Be an NAN ’
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ne ee Ht OT Nae pop | coe, i 6S et rs
; Grnanispabuilstcs i" = oi i Ao Ls ves
Pet gh i A 5 : le bi ¥ ‘ 4 >
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Th ay ae v
Cn Tn
; V/ New Commercial Building T Sole OOS AI YYYUUL___J-L__J ”
| sparks at SHE 6 Heron St, Peregian Beach Dove Maloney Investments Pty Ld 046 os Dusk Perspective bo1.2 ( Hd
Page 35 of 58Section 36
SPECIAL MEETING AGENDA 5 JUNE 2019
Page 36 of 58
SPECIAL MEETING AGENDA 5 JUNE 2019
Herron Street ‘¢
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pei f — ee, Sie a eo .°8 oa it ie Tipes as aoe A > norfolk
g Ve" ‘ ee Dy ‘oa ie. ae eS Shs > aa
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SUNSHINE COAST REGIONAL COUNCIL
mcu 11/0266 4 June 12
lA meee New Commercial Buiding Sco 1200@A3 YI LLL) i
sparks architects ~~ oo | 6 Heron St, Peregian Beach | Dove Maloney invesmends Py Ld [046/05 Site Plan a | bos (7)
SS rocaniaiasoaee ml ide: project | Bont job ry tern rowing | hag no a
Page 36 of 58Section 37
SPECIAL MEETING AGENDA 5 JUNE 2019
Page 37 of 58
O10R12 A DAAmmsndments Detailed Design
le
est * S : MN Ear i ae, TP Te.
9 Gas bottle ah) Ahh, a 5 t xP = eee gone, Mel a ee f Ye ty a
S See, ae ee ‘ eel, as tf
he} Hosecack . Say Be ae ifn { i Cie Rt ae ea he ¢
ing SSeS be fee ae a : 2 fw hoe a ae y —
RS Root sheeting type 3 OA tae: efit aa EM yy hy, .. 2% ghee yf £3
RA Roatshowing Ye ee «CO ee © ~, | & We ®@ han wert “Ty ee eh, iM es
pwD Recytied hardwood ‘ Mare ft, Sab) s RRR sys PAN) , ste a Ki ok Weed oe
ca +5 hs me |e Loree FO a exty SQM, Dhap x
Refar to Schedules For Details i + ak Spy Peet eae AS hee eo es eet,
All pans, elevations & sections are to "Bg te 7, Pate . : &,, M\ Sa re OS
be read in conjunction with engineering, ay Mew de Sa We x, “5 Sr i. EX se Bod ra of ri Wehe he 18
landscape & hydraulic drawings. ; aa! bo & GPa what 'y . : LOS SR Mth
All structural elements; including slabs, "9 Tae ee at 8 Fysurd at -
columns, beams, footings and framing: A “ete ‘pee | _ a Sy 2
40 be in accordance with engineer's 7? Pere ee ewe © Fe
design and detail, i 34 2 ti a O 3 ‘
‘ontban Inatruntion: ek } oO O° Z,
Refer any discrepancies to Architact for > ve aa TORS Rate - 2
aaa a a FO tr ter rr erensa 5
eee 4 ' v
' we (Sas SSSs ese hea awea pea meaes: | ¢
prepased foot a eee, et a a I sO -— gz ‘ Yse%
criect to fave okie : tf | t 4 } 3 i 4 \ LAS
dining permit he Gh % 1 “ae, AEH 4
| fy : at WN 2
ot 4 ) rt oe :
gxisting seat to bere! =| 14 nominal fieput to —
pane oe A EXTENT i "Shon ee ,
ol | | a: wer Se iF
A SHoP OSE ell ' ? ioe E
fo , i | tt "nc a e tS
nocthertbeuniery = oF et SY ——- -- a es Oa i ' i ‘i Qe $
Q@— |} Cc | __d e a % « ® [3 : Pi Ss
sy i — Eee ee eee me ee i ee © Cy age
S| [3 : ' safe lc ; he Se rat same ae 1 \ Un ground
A aoc t | 7 al HE. A eo eee 2 a
Cie ha | A WLeutT i ‘POT th | A ha Y ok! i 3
mney 1 45 Wey Gs L aa ; 7 , 4 ; ! £ 2 OO | by
¥ Pp ee A OD Few || |
i 'o4 by 4 ae ' fv vN ae ae 1 ( jounge eee i A tehicaeeea’
Hay, 4 f oe WC y y \ { —— -_s ay : 3 N - rm | wi a ry a8 scheduled
we fit bP 1 . ! E .
tal Lena ee pee al ; : i - | ‘4 | ' | 12 ae My & re a | “diaphay shel ‘ e onerteone:
TO) packed a a 7 pata f ' : 1 = po — { ' disabled toilet
dashed , 4 ' fom) see, =a it | pw ~ SF Ue va AS 1428.1
é i: ey iy Ere per ) ' @ t mma it
Eo OD ge we Li sensei
ag 1 * ®) Yala = a >| || OF So ae a
oe 1: if ; i i f : L CI xe 8 shown di
= : nn 1 1 | fakepe feafure ral feature gl Z vay | RSS.
= t a= Hn ae on od dt OO” a
AS -_ ee eet alee eM PTE yall One ge OE sie ff ABS senrarscee BM Sei me
‘Witerboxes shown _b — L — — ~ ~~ - “ x e ee
one SUNSHINE COAST REGIONAL COUNCIL served cau) st
Se = han bie down area ir
ks 6a 2008 APPROVED scenes wth a
Sa ‘ = 45
NRE. Mcu 1110266 4 June 12 Zt s
WY fe TSS NewCommeriiguiding ——<C~sSCCisCSR THOT LT Ld 1
sparks architects == — | 6 Heron St, Peregion Beach | Dave Matoney Investments Py Lid 046 oS | Ground oor Day | 00) { 9
: = ama ] 4
4 XS gods odweos en project lew job no. drawn drawing dag no.
Page 37 of 58Section 38
SPECIAL MEETING AGENDA 5 JUNE 2019
Page 38 of 58
( 01.03.12 A | DAAmmendiments Detailed Design
ee Pe NY a Fr a
Sink Pate sta Sener a. . a y--——=35 7s BJ +N sf ¥ Bi ay, wa o
vant basin gor Hs eT eee te fF BPS, a ; ak, FY =
9 —- Gas bottle a ah, oy i nS Ff ‘ "a of vy She ©. tees Y % ee
he Hosecock . Say y dat 4 ES re ue 2 iw Pee, ata, ha! Les Be a: 4 Sy Tek,
Ri —_ Roof sheeting type 1 a 4 gins, f yo XS ah #/ Pe ee Sucsinnd? & 29 ge eg
R2 Roof sheeting type 2 7 $7 a ns re ae we siag athe >, ene a2 } tian
R3 Roof sheeting type 3 oe eS TRAMRES? §, a Erion St Tals 4 vee ip We, a
Ra —_Roof sheeting type 4 a ee 4 4 Kae, & watt Er so Fee & wiz
DP Dewnpipe = “Se é oh 7 “ —* & pr gee iw *& sat; 2H
piston ase by St ft ee, S| Me sad BORA) , she "e Wa, anne Pd
Refer to Schedules For Details ¢ vo a Vik ee Ae : : f ee. <y hog 2
“> 7 Ane BR ne GAS o ees ngut wes SP ayy ition,, B58
ied seat derticgesdedete-atgropbece “Sy a et ede vv if fe % Se Tee es, a
be read in conjunction with engineering, “eaes Le Se eo ‘lh. e x(\ Ca ig. A, ye“ s 4
landscape & hydraulic drawings. fe ae 4S <@ Bty Sat, awe tar iN fied
All structural elements; including stabs, # u Sagit a ao ad Bs By > : DA) "oi
columns, beams, footings and framing; s ke ye ® “Oste* Pervod uragt aq
to be in accordance with engineer's ab » © rt Sa O Ry,
ee 4 ” ote eo 7 ; Lyd
Refer to Architect for : vad Dhar C ,
new cereal a { shotae O — k
or Pie O mY k
ge St re nee een ee a ae te ae ee eee ce et mie I i ee ta a I a ee re ir a ‘
' >
proposed footpath ding [ ~- --—- - ---==~---==~--------==---------------------=-----= =~) ~--~---~ 22 5------- yy -- --- + ------- 2-2 ern ¢
subject to future footpath ; +a Vers
dining permit ro ' ; NAL i*,
. if ROY
existing seat to bere: | : ow
positioned subject 106 \ : ; i
oy ¢ . ; ( ishown — es
' ' ' ' ae, 2 -
st Lae ft Z =
| | -__IL__IC___le Sul Ii rn * i 1; Y¥ AUS
\ PP S=|S|S|—oCoCoCS—(cSV LL OO ON O— ee — —___.. er ca Fl ay qillage ype at ' } VAN
ie moo RR ETS | SOOEVTTIY "VEETTTETONCTTTETTTTTTTTTTTETT - % 1 ot “ee Se
Y ' : ' ' es ' Pe ' ' \— FRY!
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
ae e 4 Hy Hie i; 4 f 1 ot |
; ' ! ‘ ' a i '
rs . 1 14 i i 5 ‘ ' Z ' lounge 1 ot tank access hatches
5 1 ie = i! ¥ ; ; / ry 7 YO | a : as scheduled
iS | it ae ' 4 - ' se ~ '
Inve ' ' tt ; 1 ! | '
2°) packed’ position of | | oF =. | | : : J a) Psssecseseemesaeeaceaeeecc
Se ott] oO a 1 fT tee
; ig pho i] re iy s ol | rh haa
2 ' 4 PY _ 25 a # [em | a |
aif) ‘| ; LF} Sal ti o |e hom aed
we ' ' ( } ~ iS 7 8
UL [Wee ee eed |
' ' ed }—_——1 —_—<—f , / = ——— Sad ' ; S ay
\ bat ; foam of oOo! tt ea.
“cashed ra ie
eee SUNSHINE COAST REGIONAL COUNCIL ee
A inaniorete
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 58Section 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 |
ag | cat re
wach R Rt 7 RS
ee = ;
g. tis) | cont cape 8 8 tr]
x fat a0) office 1 office 3 { Ge
4 #| : = a
ifs ue | . oi
rl f | : box-out for kitchen
end BY | = | office joinery, typical
z oe) U3] |
: FE ) = Ty NV _—_S oo —_—
fg :
5; ! ot @ es © He @ oe | L
‘ye |-__all = Hem ee @_o4 i. en
SE Gasca ee
Swe choad stk pao ld no fren Bk ag) Sli *s on S
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 58Section 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 |
HH
(| |
TE Ene 5 fomk&. 4" So ae PP oe eee
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 58Section 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 58Section 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 58Section 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
soos SRS Le oe || on =
Sa Pabe , fiy eT aN ———
first floor RL 12.140 5 Sw | e a = F ‘ | - bees
ET ES Mieke OQ _ —_— ee _ Oa
send) eee ee <r: <=
SSN Hse, — 2 ae = al ] a
oc —— ee a i
By, Ph { f
Mok 4
| : el )
ground floor ROIS OTS nap a ir __ TT __ +S Sy pocerye |" ,
Dy
HWD frameless display
SUNSHINE COAST REGIONAL COUNCIL ae
APPROVED do #
Ppt)
macy tucaes +dune Se bore ——{ bs)
Key Plan
Sea 1000
ee WZ SE arr aa [NewCommerslGuidng ==2=~=~*~S*~<“<=S*‘“CS™S;SO;O”!”!!!!!!!!~*«~* OOS ASC
sparksarchitects S&S =~ rhein | 6 Heron 51, Peragian Beach Dove Maloney Investments Pty Lid 046 pS ~ West Elevation oo23 |
i \ __ Bernina in | project | client pba | drown | drawing = ey
Page 43 of 58Section 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.
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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.
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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.
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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
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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.
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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.
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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)
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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;
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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
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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.
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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.
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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.
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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.
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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
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