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MCU21/0110 - Application For Material Change Of Use - Bar, Food, And Drink Outlet, Outdoor Sport And Recreation, Resort Complex At 61 Noosa Springs Drive, Noosa Heads · Attachment 2 - MCU21 0110 - Manager Development Assessment Report
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ATTACHMENT 2 – MCU21/0110 - MANAGER DEVELOPMET ASSESMENT REPORT APPLICATION DETAILS Applicant Noosa Springs Real Estate Pty Ltd Proposal Material Change of Use - Bar, Food and Drink Outlet, Outdoor sport and recreation, Resort complex Properly Made Date 22 June 2021 Information Request Date 23 July 2021 Information Response Date 24 November 2021 Decision Due Date 10 June 2022 Number of Submissions 442 objections and 1 support - 395 properly made PROPERTY DETAILS Property Address 61 Noosa Springs Drive Noosa Heads Qld 4567 RP Description Lot 4 SP 178340 Land Area 38,055m² Existing Use of Land Noosa Springs golf club house, tennis courts and day spa STATUTORY DETAILS SEQRP Designation Urban Footprint Zone Tourist Accommodation Zone Recreation and Open Space Precinct Not applicable Local Plan Area Noosa Heads Local Plan Area Overlays Land Subject to Acid Sulfate Soils - Above 5 metres AHD to 20m metres AHD Biodiversity, Waterways and Wetlands Overlay - Area subject to Biodiversity Overlay Bushfire Hazard Overlay - High Potential Bushfire Intensity - Potential Impact Buffer Landslide Hazard Overlay - High Hazard Area - Moderate Hazard Area Assessment Type Impact
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Page 2
REPORT
1. PROPOSAL
It is proposed to develop a hotel that has been designed to be integrated with the Noosa Springs
clubhouse and spa complex, creating a destination with extensive recreation and leisure facilities
The hotel comprises of 106 room 5-star boutique hotel which is to be constructed over 6 levels and
will include (as advised by the applicant):
• A variety of accommodation types:
o 98 standard rooms
o 6 premium suites
o 2 presidential suites
The rooms have generous balconies or terraces and have various orientations and
outlooks. Some rooms have direct access to a resort swimming pool from terraces. The
rooms do not have kitchens or other facilities that would make them self-contained.
• Basement car parking
• Café and bar - An island bar and lounges will provide guests with a place to meet and
socialise. It is located to provide expansive views over the swimming pool and recreation
areas
• Outdoor pool area - The hotel swimming pools and recreation area has been designed to
provide guests with an appealing alternative to the beach. The split level, free form pool is
a central feature of the hotel.
The existing four (4) tennis courts will need to be demolished to locate the hotel buildings. It was
originally proposed to construct new tennis courts near the northern boundary of the site.
However, due to concerns being raised regarding the ecological attributes of this area, the
applicant has relocated the tennis courts above a car parking area. A small amenity building is
proposed near the tennis courts to provide a toilet and other services. The applicant has advised
that the tennis courts and facilities will continue to be used by members upon completion of the
development and the tennis professional will continue to provide tuition to school children and
others.
It is proposed to expand and upgrade the back of house facilities of the Noosa Springs clubhouse
in conjunction with the hotel development. The clubhouse kitchen will operate as the production
kitchen for both the hotel and the clubhouse restaurant and function rooms. The Noosa Springs
restaurant and bar is intended to be upgraded so it can provide high quality, efficient food and
beverage services. The clubhouse restaurant will provide the main dining facilities and services for
hotel guests. A separate development approval already exists for the clubhouse, a future minor
change application will be made to this approval to enable the works.
Access to the site will be via Links Drive with some car parking provided to the north of the proposed
porte cochere and additional car parking provided within a basement and a two-level car park
adjacent to the golf course. Overflow areas are available to the south and north of pavilions 3 and
5 respectively. A loading dock is proposed to be accessed via Resort Drive.
The development generally does not exceed 3 storeys however a minor portion of the building is
4 storeys.
The site is subject to split zoning, approximately 23,447m2 is zoned Tourist Accommodation Zone
whilst the remining 14,608m2 is zoned Recreation and Open Space Zone. The development is
situated across both zones with the built form situated within both zones.
The following images provide a Locality Plan and plans of the proposed development, the proposal
plans are included as Attachment 3.
Page 3
Figure 1 – Locality
Figure 2 – Site Plan
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Figure 3 – Elevations
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Figure 5 – Development footprint with zones overlaid
2. SITE DETAILS
2.1. Background
Noosa Springs is master planned as a high-quality residential and resort destination that
comprises:
• 299 residential dwellings
• 42 apartments of The Fairways
• 18-hole championship golf course
• Clubhouse complex including restaurant, bars, function rooms, pro shop/retail outlet, day spa,
fitness centre with heated lap pool
• Synthetic grass tennis courts
Parkridge Noosa is located adjacent to Noosa Springs with the majority of the dwelling units able
to be used as either permanent residential living or short-stay accommodation, dwelling units in
the south-eastern corner of the development may only be used for short term accommodation. The
apartments have been strata-titled and separately owned and appear to be mostly occupied on a
permanent basis. There has long been strategic intent for visitor accommodation to be provided at
Noosa Springs. With the development of Parkridge being occupied predominately on a permanent
basis, this site was identified as suitable for visitor accommodation.
2.2. Site Description
The site address is Links Drive, Noosa Heads. The land has a broad frontage to Resort Drive,
Noosa Heads and the development site is part of Lot 4 on SP 178340 comprising 3.804 hectare.
The Noosa Plan zoning map designates part of the land within the Recreation and Open Space
zone (14,608m2) and the balance in the Tourist Accommodation zone (23,447m2).
The proposed hotel site is located on the western slopes of a high sand dune that extends along
the eastern side of the Noosa Springs property. The slope of the ridgeline varies across the site.
Page 6
2.3. Surrounding Land Uses Existing related uses are located near the proposed hotel site and include: Noosa Springs Boutique Hotel. The main clubhouse complex, day spa and the fitness centre (with 25 metre heated lap swimming pool) are located on lower levels of the ridge. A carpark comprising 3 tiers is located adjacent to the clubhouse/spa complex. Heavily vegetated vacant land is situated to the north and east of Resort Drive owned by the Noosa Council. The land on the southern side of Resort Drive has been developed as Parkridge Noosa. A sewage treatment plant is located approximately 220 metres from the norther boundary of the subject site. 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; • Noosa Plan 2020. 3.2. State and Other Statutory Instruments State Planning Policy Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development. It is noted that the State interest - emissions and hazardous activities seeks to protect sewage treatment plants from encroachment by development that would compromise the ability of the sewage treatment plant to function safely and effectively. As noted in the Odour section of this report the applicant has demonstrated that the siting of the use is appropriate in context of potential odour emissions from the sewage treatment plant. South East Queensland (SEQ) Regional Plan The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan. Planning Regulation 2017 The following assessment benchmarks from the Planning Regulation 2017 apply to the application: • Koala Habitat 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 the whole of Noosa Plan 2020 to the extent the provisions are relevant to the development. Locality Provisions The subject site is located in the Noosa Heads Local Plan Area and is subject to 2 zones being the Tourist Accommodation Zone and Recreation and Open Space Zone. The proposed use is identified as a consistent use within the Tourist Accommodation Zone and an inconsistent use within the Recreation and Open Space Zone and is required to follow an impact assessable application process. The applications compliance and pertinent issues arising out of the assessment are discussed below:
Page 7
Use Under the superseded planning scheme, the full extent of the site was zoned Open Space Recreation. The Noosa Plan 2020 amended the sites zoning such that it in part preserved the recreation and open space intent for the site and introduced the Tourist Accommodation Zone to a significant portion of the site. The proposed use is a consistent use within the Tourist Accommodation Zone however it is an inconsistent use within the Recreation and Open Space Zone. The application of split zoning to the site was to enable to development of tourism accommodation in this area and the boundary was in response to the need for an odour buffer between future development and the nearby sewage treatment plant (STP). The purpose of the odour buffer is to ensure that future development is not adversely impacted by the odour from the STP and that any future development does not result in complaints to the relevant authority. The existing buffer, which is a result of the existing split zoning, was a consequence of it not being adequately demonstrated, at that time, that further encroachment would not result in amenity impacts on guests of a resort. The current application has included an odour report which has been reviewed by Council’s expert external consultant, this report and subsequent review has identified suitable areas for development with regards to potential amenity impacts from the STP. The extent of area demonstrated to be outside of the buffer area is approximately 28,000m2 which is larger than the existing 23,447m2 of Tourist Accommodation Zone. It is noted that the land included in the Recreation and Open Space Zone is outside of the Urban Boundary. Consequently, part of the proposed hotel is located outside the Urban Boundary. The entire site was within the Noosa Plan 2006 urban boundary however this boundary was amended to align with the extent of the Tourist Accommodation Zone when the site became split zoned under the Noosa Plan 2020. As discussed above, the Tourist Accommodation Zone was established at the time based on initial information about the potential odour impacts and for the purpose of creating separation from the STP. The Urban Boundary, which forms part of the Noosa Plan 2020, is different from the Urban Footprint, which forms part of the of SEQ Regional Plan mapping. The following image details both the Urban Boundary and the Urban Footprint.
Page 8
Figure 6 – Urban Boundary (Noosa Plan 2020) and Urban Footprint (SEQ Regional Plan) Detailed odour assessment was not done at the time. Notwithstanding, the proposed resort is consistent with the higher order planning outcomes sought under the Noosa Plan’s Strategic Framework, the Noosa Plan 2020 specifically sought the development of tourist accommodation in this part of Noosa Springs by introducing the Tourist Accommodation Zone. At that time the need for visitor accommodation within Noosa Springs was recognised, primarily on the basis of how the broader site was being developed with limited visitor accommodation having been provided. Accordingly, the draft scheme was amended to include the new Tourist Accommodation Zone and for that area to be within the Urban Boundary. The extent of gross floor area, inclusive of the proposed resort and the existing buildings on site, is less than what is permitted within the existing mapped Tourist Accommodation Zone area. A total gross floor area of 10,208m2 is proposed, the Noosa Plan 2020 permits up to 15,240m2 of gross floor area in the Tourist Accommodation Zone. In this regard, the scale of development is consistent with the extent of development anticipated to be developed within the existing Urban Boundary. It is anticipated that both the zoning and the extent of the Urban Boundary would be amended in the future should the application be approved. The proposed Food and Drink Outlet is ancillary to the Resort Complex and will primarily be used by guests of the hotel. The Noosa Plan’s definition of a Resort Complex includes integrated leisure activities (….bars, meeting and function facilities, restaurants, sporting and fitness facilities). The inclusion of these land uses within the Resort Complex is consistent with the anticipated uses
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within a resort complex and establishes a logical connection with the existing resort facilities on
the site.
Odour
An odour report was submitted with the application, the purpose of the report was to determine
the potential for odour impacts on the proposed hotel due to the Noosa Wastewater Treatment
Plant. The development site is located within approximately 220 metres of the STP. The
accommodation buildings are located approximately 270 metres from the existing Noosa STP
infrastructure.
The odour impact assessment report was prepared on the basis of site-specific odour monitoring
conducted at the STP and use of meteorological and dispersion modelling to assess resultant
odour levels at the proposed development site.
The odour assessment adopted the Queensland Odour Guideline odour criterion of 2.5 Odour
Units, 1 hour average, 99.5%ile which is considered the appropriate basis for assessment, and
notably the benchmark considered in Planning and Environment Court appeals. The criterion
requires the prescribed odour concentration to be achieved 99.5% of the time, being measured at
one-hour intervals.
Council’s consulting odour expert reviewed the development application odour report and the
response to information request and considers that the reporting provides adequate assessment
for the purpose of understanding the potential odour impact of the STP upon the proposed
development. The application material has demonstrated the proposed buildings and pool and
communal area between the buildings comply with the odour criterion at all hours of the day. The
swimming pools and tennis courts comply between 6am to 12am and 6am to 10pm respectively.
Conditions establishing times which these areas can be used were proposed by Council’s external
consultant, the times are reflective of the hours which the areas comply with the odour criterion.
The conditions are included within the recommendation of this report.
Comments by Council’s consulting odour expert include:
This further peer review of the odour impact assessments, modelling and information
responses identifies that odour from the Noosa STP does impact upon the proposed
development and that exceedance of the 2.5 OU 1 hour 99.5%ile criterion will occur in
outdoor areas to the North of the proposed accommodation buildings and compliance is just
achieved at the facades of the proposed buildings nearest the STP.
The development is proposed to be located in relatively close proximity to the STP and, on
this basis, appropriate care and consideration is necessary to ensure that future
development does NOT:
(i) Experience excessive odour impact leading to potential complaints; and
(ii) Does not result in an unacceptable reverse amenity constraint upon the existing and
future operation of the WWTP (on the basis of potential odour complaints).
Given that the odour assessment identifies compliance in some outdoor areas (pool,
gardens and tennis court) is not achieved at all times, and that compliance is only achieved
on the basis of limited hours of use of these outdoor areas it is considered appropriate to
limit, by way of conditions, the hours of use (access) of certain outdoor areas to prevent
potential adverse odour experiences and complaints by guests.
Further, as the odour impact assessment identifies that 2.5 Odour Unit, 1 hour 99.5%ile is
predicted just external the façade of the nearest accommodation buildings, it is considered
appropriate to include conditions requiring accommodation use areas be fully air-
conditioned and that outdoor fresh makeup air to the rooms be drawn from locations as
distant from the STP as practical.
The requirement for disclosure of the potential for odour to guests should also be
considered to minimise the potential for complaints about perceived odour.
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It is thus our finding that odour impacts upon the development can be acceptable but only
on the basis of limiting hours of use of outdoor areas nearest the STP and provision of
suitable airconditioning to building internal areas with fresh air makeup drawn from
locations as far as practical from the STP. Further, the approval of the development does
increase the reverse amenity constraint upon the lawful operation of the STP due to
introducing additional sensitive receptors in closer proximity to the STP than existing
receptors and it is for this reason that specific conditions relevant to odour are necessary
as part of any development approval.
The suggested conditions are provided below:
Building Design - Ventilation
All internal use areas of the accommodation use including hotel suites, common areas,
office, dining, bar and lobby areas shall be fully airconditioned, allowing external façade
elements (doors and windows) to be closed if required. Fresh air makeup to the
airconditioning systems must be drawn from roof level locations located as far as practical
from the Noosa Wastewater Treatment Plant.
Outdoor Use Areas – swimming pools and tennis courts
Use by guests and visitors of the tennis courts, is limited to the time period 6am to 10pm
only.
Use by guests and visitors of the swimming pools located to the north of the proposed
buildings as identified in Plate 1 (not including the outdoor area between the proposed
buildings) is limited to the time period 6am to 12am only.
On the basis of the reporting provided by the applicant and the recommendations of the review by
the consulting odour expert the potential impacts of odour from the STP have been adequately
addressed in the design of the development. Conditions have been provided which address when
it is appropriate to use external areas, how ventilation is to be provided in those parts of the building
which abut the identified odour line and the implementation of vegetated buffers.
During the assessment of the application advice was sought from Unitywater, noting that
Unitywater are not a referral agency for the application. Unitywater raised the following concerns
with the application:
a. Existing use and surroundings
The existing format of the Noosa Golf and Spa Resort is consistent with the nearby pre-
existing Noosa Sewage Treatment Plant (STP) because it is currently just far enough away
from the facility not to be adversely impacted by the odour of the STP.
Unitywater complies with its licence obligations in respect of the odour management at the
STP. Odour nuisance has not been a concern at this STP with the current configuration of
the Noosa Golf and Spa Resort.
b. Proposed change to use
The proposed material change of use includes a significant increase in the scale of the
Noosa Golf and Spa Resort including outdoor amenities and open-air sporting facilities as
well as restaurants and bars.
The proposed footprint of these proposed new amenity would be within the radium from the
STP where it will be impacted by odour.
The mitigation factors proposed by the Developer do not include any scientifically proven
barrier to odour. Whilst they may improve the visual amenity, they will have no impact on
the odour management.
Further the Katestone modelling performed in 2016 do not take into account the change in
population and development of this areas in the intervening 6 years.
To support this position, we attach:
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ii. Memorandum of Unitywater engineer.
iii. Report by Paul King of MWA Environment dated 7 January 2022.
c. Impact on the community
Should the proposed material change of use be approved, the likely impact is that it will
result in an environmental nuisance at a sensitive place under the Environmental
Protection Act 1994 which could result in a prosecution of Unitywater. This will force
environmental studies by Unitywater, and likely very expensive modifications to be made
the Noosa STP which will ultimately be a cost borne by the rate payers of the Noosa
Council through their water bills.
These concerns were provided to both the applicant and the consulting odour expert who
advised:
It is my opinion that the concerns of Unitywater are validly held and that approval of the
development has the potential to result in odour complaints and these may have the
potential to result in constraint upon the operations of the STP. However, this must be
considered in regard of the odour predictions which do show compliance of the built form of
the development with acceptable odour levels (albeit right on the 2.5OU criterion limit). On
the basis that the Katestone predictions are accurate, there would be no basis for a valid
odour complaint from the accommodation building use to affect the lawful operation of the
STP. The Unitywater concerns reinforce my opinion that should Council choose to approve
this development that there need to be very specific conditions in respect to odour
outcomes.
Conditions were provided by Council’s consulting odour expert after this advice was provided to
Council officers.
Subsequent discussions with Unitywater and Council’s consulting odour expert resulted in
Unitywater obtaining a third-party review of the application. The report notes that…the scope of
work is limited to a high-level review of the proposed mitigation measures contained within the
Provided Documents and recommend further mitigation measures that could be considered by
council and/or Proponent, which would aid in further reducing the impact risk of the Proposed
Development encroachment upon the current and future operational and business continuity of
Noosa STP under normal and unintended or unavoidable odour release conditions.
The report states that the most effective further mitigation measure, in terms of risk reduction and
operational and future capital costs to Unitywater and to the community, would be to preserve the
existing exclusion zone (i.e., separation distance). The report also maintains Unitywater’s position
that the odour dispersion modelling is not suitable for the prediction of unintended or unavoidable
odour release events, for example, sewerage network asset breakdown, significant rainfall,
heatwaves, process upsets, biosolids truck loading events, etc.
It is also noted that the report identifies that in the scenario that the proposed development is
approved, the author of the report supports in principle the odour mitigation measures proposed in
the suggested conditions of Council’s consulting odour expert.
In addition, Unitywater’s consultant recommends further mitigation measures in the form of:
• To the extent that is reasonable, an encumbrance or similar that transfers all responsibility of
STP-related odour complaints from Unitywater to the Proponent and is sanctioned by Council
and DES. Professional advice from a town planning or environmental law expert should be
consulted on this matter. Based on the sentiment in the letter by GH Australia, the Proponent
could be willing to enter such an arrangement;
• Activated carbon filtration to be installed on all fresh air makeup locations of the air
conditioning systems and are regularly maintained to manufacturer specifications; and
• To the extent that is reasonable, that the layout of structures is designed to avoid entrapment
of odour plumes. TOU are concerned that the northward facing concave layout of
accommodation structures is conducive to entrapment of STP odour plumes from the north.
Page 12
In review of report prepared by Unitywater’s consultant Council’s consulting odour expert advises
the operation of the sewage treatment plan is regulated by an Environmental Authority, issued by
Department of Environment and Science, which requires that the onus is on the operation to not
cause nuisance/harm from odour emissions. This applies at all times whether it be normal
operating conditions or the upset conditions, being the unintended and unavoidable odour relates
events which Unitywater’s consultant refers to. Furthermore, Council’s consulting expert notes that
existing residential uses at Noosa Springs, situated west of the STP are within proximity of the
2.5OU line whilst the existing outdoor recreation areas of the resort, including the existing tennis
courts, would experience odour concentrations above 2.5 OU. Thus, existing approved and
developed areas are already a constraint on the STP operation. It is also noted that Unity Water
have advised that they have no record of odour complaints from these current uses.
In terms of the comments by Unitywater’s consultant regarding the suitability of methodology used
by the applicant’s odour expert Council’s consulting expert states:
The use of modelling of odour from STP is an accepted practice for both development
assessment at the Local Government level and in the Planning and Environment Court.
Typically, the assessment is based upon normal worst case emissions not Upset conditions
(unintended or unavoidable odour emission conditions).
Whilst there are uncertainties in any form of assessment and modelling, it is a tool for
assessment purposes which informs the assessment manager of potential impacts.
In respect to independent ground truth verification – I assume the author is identifying the
use of field odour surveys which are manned inspections by persons with a laboratory verified
sense of smell that are used to characterize odour ie in terms of intensity and offensiveness.
The use of field odour surveys can inform and provide validation points for modelling.
In this instance there are existing residential uses and the Noosa Springs facility and outdoor
uses which are currently occupied and used and there does not appear to be a complaint
history in respect to odour which supports the modelling outcomes. Even if field odour testing
was conducted it does not guarantee any improved odour prediction/assessment outcome
in my opinion.
I have been involved in matters where modelling of upset conditions has been undertaken in
respect of STP operation. However, the reliance upon odour from upset conditions in
informing development assessment against the 2.5 OU 99.5%ile 1 hour criterion is in my
opinion very limited. This is because the 99.5%ile allows for periods of higher odour to occur
ie it is not absolute and the Environmental Authority requirement to not cause odour
nuisance/harm is in play at all times.
I understand the STP operator desire to maintain buffer separations, but this must be
considered on the basis of existing land uses and proximity of existing sensitive uses to the
STP which, as per above, already exist.
Further, it is my opinion that a short stay resort development has far less reverse amenity
constraint potential than standard residential uses.
In terms of the proposed additional mitigation measures proposed by Unitywater’s consultant:
• Legal advice has been obtained and it has been determined that an encumbrance or
similar that transfers all responsibility of STP-related odour complaints from Unitywater to
the proponent is too uncertain and potentially against public policy resulting in a deed of
agreement that is void, unenforceable and ineffective.
• Agreed that activated carbon filters to fresh air makeup locations can be required to further
protect indoor air quality.
• A major redesign of the development is not warranted.
The applicant’s odour expert also reviewed the Unitywater’s consultant’s comments and forms a
similar view to Council’s consulting expert, however, opposes the recommendation that activated
carbon filters be installed. The opposition to the carbon filters is on the basis that the applicant’s
proposal for fresh air makeup to the air conditioning systems must be drawn from roof level
Page 13
locations located as far as practical from the STP” is sufficient to avoid odorous air being drawn
into the buildings. The applicant’s expert suggests that an additional measure to address concerns
regarding odour could be the imposition of a condition requiring an Odour Complaint Management
Plan, with the applicant’s stated intention to manage any odour complaints from hotel guests within
the business being central to the plan.
Based on the advice provided by Council’s consulting odour expert the applicant has adequately
demonstrated that the proposed development is suitable when considering the potential odour risk.
The consultants suggested conditions and the inclusion of carbon filters as suggested by
Unitywater’s odour expert are supported and form part of the recommendation. It is also
recommended that an Odour Complaint Management Plan be conditioned.
Traffic/car parking
The applicant provided traffic reports which reviewed the traffic and car parking demand associated
with the proposed 106 bedroom resort These reports, and subsequent responses to requests for
further information, were reviewed by Council’s consulting traffic engineer.
Much of the discussion in the review of the car parking analysis related to the methodology
determining car parking demand. Council’s traffic consultant undertook an assessment based on:
i. Adopt a design parking demand for the existing development of 160 cars based on the 2017
surveys.
ii. The RFI response indicates the hotel will have 44 EFT staff. Assuming 2/3rds of those travel
by their own car to/from work, this would generate 30 cars.
iii. Assuming half of the 112 resort rooms have a car on-site at midday would generate a
demand for 56 cars.
iv. Based on the above, the design parking demand would be 246 cars, which would be
accommodated by the proposed 255 parking spaces.
As per the comments above Council’s consulting traffic engineer is supportive of the proposed 255
formalised car parking spaces. In addition to the proposed formalised 255 car parking spaces the
applicant has also identified an additional 38 grassed overflow spaces.
The 255 formalised spaces include a 2-storey deck carpark situated adjacent to the western
boundary of the subject site whereby an additional storey of car parking is to be provided above
part of the existing at grade car park. The location of this deck car park is detailed in the following
images with the built form considerations discussed within the setback section of the report.
Page 14
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Page 15
It is also noted that conditions of the SARA referral response also require the provision of a bus
setdown facility as part of the porte cochere.
Bushfire
The site is identified by the Noosa Plan 2020 Bushfire Hazard Overlay Map as ‘High Potential
Bushfire Intensity’ over the vegetation within the north and east of the site, and ‘Potential Impact
buffer over the balance of the site (Figure 9). This is mirrored by the State Planning Policy (SPP)
‘Bushfire Hazard Aea’ mapping (Figure 10).
Figure 9: Bushfire Hazard Overlay mapping (Noosa Plan 2020)
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Figure 10: Bushfire Hazard Area mapping (State Planning Policy) The applicant’s consulting fire expert has inspected the site to identify the status of the vegetation within and around the development site and determine the likelihood of bushfire risk to the development. This inspection confirmed the area of vegetation within the northern portion and along the north-eastern boundary of the subject site is an area of ‘High Potential Bushfire Intensity’ as determined by both the Noosa Plan and SPP – Natural hazards risk and resilience bushfire hazard area mapping. The inspection also concluded that the area of vegetation in and surrounding Girraween Nature Refuge is confirmed to be an area of ‘High Potential Bushfire Intensity’ and that the development would fall within the 100 metre wide potential impact buffer. As a result, the development is required to address the Noosa Planning Scheme Bushire Overlay code through the preparation of a bushfire hazard assessment and mitigation plan. The application material has included a Bushfire Hazard Assessment and mitigation plan (BHA), a revised BHA was also submitted. These documents have been prepared in accordance with PSP8 Natural Hazards (SC6.9.4 Bushfire hazard assessment report and management plan) and the Bushfire Resilient Communities (Technical reference guide for the state planning policy state interest ‘natural hazards, risk and resilience – Bushfire’). The vegetation associated with the ‘High Potential Bushfire Intensity’ was confirmed as Category A or B, Regional Ecosystem 12.2.5, with significant disturbance to the mid and understory layers, being invaded and colonised by a range of environmental weed species.
Page 17
Adjacent to the existing car parking area and tennis courts is a line of disturbed vegetation
containing a range of native canopy species with a low coverage of ground covers with areas
containing a range of exotic and native amenity shrubs.
The bushfire assessment found that the risk associated with bushfire was from outside the
proposed development area i.e. Girraween Nature Reserve to the north and east. Resort Drive
forms a natural firebreak that would be sufficient to buffer most ground fires, however a significant
bushfire involving Girraween Nature Reserve on a high fire danger day with an easterly wind has
the potential to cross Resort Drive and involve the vegetation within the subject site.
The report determined that a fire within the site, particularly involving the vegetation associated
with the northern and eastern boundary would be of low intensity and burn up the dominant slope
away from any of the existing infrastructure.
In response to the bushfire risk, the proposal has included a range of mitigation measures along
the northern and eastern boundary to reduce risk to people and property. This includes separation
distance from mapped hazardous vegetation that achieves a radiant heat flux of less than
29kW/m2. To achieve this outcome the development footprint along the northern and north-eastern
boundary must meet a minimum separation of 15.7 metres.
The below image, which is taken from the applicant’s BHA, indicates that Pavilion 5 achieves
24.465 metres and 21.965 metres at the ends of the building closest to the hazardous vegetation
which will achieve a radiant heat flux with 19-29kW/m2.
Figure 11: Proximity of pavilion 5 to hazardous vegetation
The building is separated from the northern hazardous vegetation via the proposed overflow
carpark which is approximately 35 metres in length. 35 metres will achieve a radiant heat flux of
12.5kW/m2.
The BHA has provided a range of comments and recommendations to reduce risk on the
infrastructure and users within the site. These include:
• Hazardous vegetation retained in proximity to the development is separated by Resort
Drive, tennis courts and auxiliary parking to provide a buffer between hazardous vegetation
and the proposed structures.
• A minimum setback between future habitable structures and the edge of potential
hazardous vegetation is 15.7 metres which achieves a radiant heat flux of less than
29kW/m2 and as such an acceptable level of risk achieved as defined under the State
Planning Policy, Natural Hazards, Risk and resilience.
• Landscaping within the site to utilise species considered to be less flammable where
rehabilitation is required to match the existing 12.2.5 Regional Ecosystem.
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• Landscape cannot contain flammable plant species to the north of the hotel abutting Resort
Drive (except for Non juvenile koala habitat trees).
• Non juvenile koala habitat trees to the north of the development can remain in situ with a
maintained understory required to reduce the bushfire risk.
• No less than 5 metres adjacent the eastern side of the hotel units identified on the
landscape concept plans must be turf only. This is to be extended to include all building
with an eastern aspect as detailed in the below image.
Figure 12: Area of 5 metres of turf only
• The use of less flammable plant species should comprise of a minimum 70% of all ground
covers and understory within the landscape area.
• Improvements to the resort drive verge including removal of vegetation from along the road
edges to improve sight lines and impacts of vegetation with emergency response vehicles.
(See General comments)
• The development be connected to reticulated water, with sign off from a hydraulic
engineering consultant that there is capacity to meet potential needs should a structural /
vegetation fire threaten the site.
• Sufficient hydrants standpipes or inground hydrants located within and around the facility to
ensure compliance with the relevant guidelines and standards.
• An emergency response plan including evacuation plan to provide a set of responses
should a vegetation fire involve adjacent vegetation and visitors, or staff need to be
relocated to ensure they are safe until the fire is brought under control by authorities. This
could involve:
o Evacuation on the golf course
o Evacuation behind buildings with fire safety standards
o Within the hotel reception area for further instruction
Water Supply
The development is serviced by reticulated water, with sufficient hydrant standpipes or in ground
hydrants located within and around the development site safely located and freely accessible.
Further sign off from a hydraulic engineer to ensure appropriate capacity to meet potential needs
in an emergency can form reasonable conditions where an approval is granted. See below current
hydrant locations within the site and within the Resort Drive Road Reserve.
Page 19
Figure 13: Location of fire hydrants (blue dots)
Evacuation
The Bushfire Resilient Communities (Technical reference guide for the state planning policy state
interest ‘natural hazards, risk and resilience – Bushfire’) provides advice regarding assembly and
evacuation. Where a planning scheme contains an assessment benchmark for the provision of a
safe assembly or evacuation area, a development condition may articulate how this could be
achieved.
A safe assembly or evacuation area may be a suitable alternative to an evacuation route, where
the site is in an isolated location, and any evacuation route would be long or pass through the
bushfire prone area. A safe assembly or evacuation area would involve:
• Establishing the safe assembly or evacuation area within the development site and outside
the identified bushfire prone area.
• Direct route/s to the designated area designed to ensure:
o Roads have sufficient capacity for the evacuating population.
o Occupants are directed away from, rather than towards or through areas with a greater
potential bushfire intensity.
o Minimising the length of route through bushfire prone areas
o Compliance with AS 3745-2010 Planning for emergencies in facilities where it is
deemed appropriate for isolated developments.
According to the BHA, an emergency response plan and evacuation plan is to be made available
to help guide a series of actions in the event of a vegetation fire involving nearby vegetation,
visitors, or staff, and the need to locate them to ensure their safety until the fire brought under
control by the appropriate authorities. An evacuation plan has been provided; the plan involves
evacuation to the existing country club.
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Figure 14: Proposed evacuation route The applicant’s BHA has been reviewed by a consulting bushfire expert and Council’s Senior Environment Officer. Review of the BHA identifies that a suitable methodology has been utilised and that the proposed recommendations are supported. A condition requiring the establishment of an additional safe evacuation point on the golf course, off site, away from buildings and outside the identified bushfire prone area is recommended. The review also identified that the Emergency Response Plan does not include any evidence of involving the Queensland Fire and Emergency Services (QFES) in the preparation or that they support the proposed solution. However, it is not common practise for QFES to be involved in the preparation or review of a BHA or Emergency Response Plan. Further communication with the consultant who provided the review stated via email ‘I do not think that no involvement of the QFES in the preparation and endorsement of the emergency response plan is problematic. The plan includes relevant elements recommended by the New South Wales Rural Fire Service in Development Planning - A guide to developing a Bushfire Emergency Management and Evacuation Plan (2014) and I accept the proposed measures within the plan’. Standard bushfire conditions of approval will require that the bushfire hazard assessment / mitigation plan as well as evacuation plan for the development must be provided to the nearest fire authority. Biodiversity, Waterways and Wetlands Overlay The purpose and outcomes of the Biodiversity, Waterways and Wetlands overlay code is to protect, rehabilitate and enhance ecologically important areas and improve connectivity. The development site is mapped under the Noosa Plan 2020 as having environmental values including, ‘Area of Biodiversity Significance’ located in the north and along the eastern boundary. The very northern patch of vegetation is mapped as ‘MSES Environmental Values’ and ‘State Koala Habitat Area (KHA)/Remnant Vegetation. States Regulated Vegetation Management Map identified remnant regional ecosystem RE12.2.5 located in the small patch on the north section (Corymbia intermedia +/- Lophostemon confertus +/- Banksia spp. +/- Callitris columellaris open forest on beach ridges usually in southern half of bioregion) and also RE12.2.5 as essential habitat for three frogs (acid frogs), the glossy black-cockatoo, the koala and a wattle species (Acacia attenuate).
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Figure 15: Extent of biodiversity overlay The submitted Terrestrial Ecology Assessment (TEA) identified that the state mapped REs are consistent with what is actually located within the area. The TEA further detailed that both indirect and direct impacts are likely to occur as a result of the development. Indirect being edge effects such as weed invasion and fragmentation and direct being the loss of trees and fauna habitat. It is identified that vegetation and individual trees generally along the northern and eastern boundary will be retained. The site is not mapped as a Koala Priority Area but a small area in the north is mapped as Koala Habitat (Core) extending from the bushland north of the road. The previous version of plans submitted for assessment resulted in the removal of 19 Non-Juvenile Koala Habitat Trees (NJKHT) in an ‘isolated pocket’ to the north and close to Resort Drive. The plans were subsequently amended to re-locate the tennis courts which has allowed for the retention of these trees. The following image details the location of the NJKHT which were proposed to be removed.
Page 22
Figure 16: Tree removal within mapped koala habitat area
Re-locating the tennis courts above the existing car park results in the preservation of the 19
NJKHT, these trees are in the area identified as containing MSES values. Whilst some
vegetation within the Biodiversity Overlay will be removed, in areas adjacent the eastern
elevation of Pavilions 5 and 4 there will also be some vegetation retained in this area with the
vegetation in the roadside reserve retained and enhanced.
The retention of the non-juvenile Koala Habitat Trees, where a managed understory is maintained,
does not result in an unacceptable bushfire risk. It is proposed that this area be used as an
environmental, passive leisure and recreational walking area. The following additional
recommendations from the BHA are included within the landscaping conditions:
• Landscape planting should reflect the adjacent regional ecosystem and coastal vegetation
without increasing bushfire hazards.
• Mature trees are to remain in situ, with the understory to be maintained as a low bushfire
hazard are with lower flammability species only
• All weed species to be removed throughout the hotel grounds, with the exception of
landscape amenity specimens around existing structures
• Highly flammable native species such as bracken fern and blady grass to be managed so
that they are not dominant in this area
• A list of lower flammability species, specific to this site, is to be utilised to enhance the
environmental amenity through the low hazard areas.
• Regular maintenance around residential structures is to be maintained within the vegetation
to the north to the current standard and frequency of other areas around the resort and
residential areas.
Landscaping
The application material included an assessment of adherence to the Landscaping Codes
performance outcomes and a Landscaping Concept Design Package. The application generally
meets all performance outcomes as it will sit within the natural landscape and retains a significant
amount of native vegetation whilst enhancing the environment with rehabilitation, landscape
planting and weed management. The planting pallet chosen includes native and endemic species.
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The landscaping has been designed to meet bushfire requirements including specific low
flammability planting within higher risk areas.
As identified above within the bushfire section the landscape concept plan is required to be
amended to include an additional section that includes the 5m turfed area to ensure bushfire safety.
The proposed landscaping is supported subject to relevant conditions.
Voluntary Offset
The applicant has proposed to offset the loss of vegetation with the offset planting to occur in 2
locations on the golf course Offset Areas A and B). It is proposed to plant 120 koala habitat tree
(eg. E.tereticornis or similar) and 25 she-oaks (glossy black cockatoo feed trees).
The proposed offset areas are detailed in the following image.
Figure 17 – Proposed offset areas.
Offset area A will not significantly increase the bushfire hazards within the area and as such will
not increase the bushfire risk to the adjacent people and properties within ‘The Fairways’ residential
estate. This is due to maintained areas of the community tile scheme that will buffer the offset area
and be continuously maintained. Further to this the bushfire consultant has provided additional
recommendations to be undertaken within Offset area A:
• No additional plantings be undertaken within 30 metres of an existing structure within the
Fairways CTS
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• A fire management line and access track are located between the bunker on the eastern side
of the fairway 1 near the fairway 1 green and the southern most residential structure within
the fairways CTS area
• The existing informal access track is to be maintained in its current location with a width of 6-
8 metres.
• The augmentation of the current vegetation be undertaken to the north of the access track.
The proposed offset area B will not present a bushfire risk to any infrastructure within and around
the existing Noosa Springs Development, due to the existence of highly maintained grassland
along fairway 3 and the driving range as well as a dam or water feature separating residential
dwellings to the west of the golf course fairway 3.
Water quality/quantity
Due to the topography of the site, it is possible to drain the development areas entirely through the
Golf course and to Weyba Creek without impacting any other properties or public infrastructure.
Bioretention devices are proposed for each of the new car parks and roof areas. The surface
areas for the bioretention devices are approximately 1% of the contributing catchment areas,
which is in-line with expectations. The bioretention areas treating roofwater are lower due to the
influence of the roofwater tanks which capture roofwater for reuse. The applicant has provided
135kL of rainwater tanks.
The application material has been reviewed by Council’s consulting hydraulic engineer who is
satisfied with the proposed outcomes. Conditions are provided.
Built form
The building design, including external materials and colours, is consistent with the Noosa Springs
architectural style and is designed to complement the adjacent clubhouse and spa buildings. The
buildings appear generally as only two-storey structures from Resort Drive.
The built form is considered to comply with the Noosa Plan for the following reasons:
• The proposed development incorporates soft landscaping between and around the
building, near the road frontages and around the central lagoon pool and open space area
and around the tennis courts and new carpark areas
• The proposed development respects the scale of surrounding vegetation being below the
tree line and provides for the retention of some vegetation where possible, generally
around the perimeter of the site
• The proposed development takes the form of five smaller separate building forms rather
than a large single bulky building. Further, steps down the slope and will not visually
dominate the nearby properties (see figures 18 and 19 below for photo montage of the
proposed development from adjoining golf course)
• The proposed development, through its design and siting, reinforces the correlation
between the natural and built character of the area by being responsive to the topography
• The proposed development is of a high design quality, incorporating landscape design that
emphasises the casual, outdoor lifestyle.
• The proposed buildings have a strong relationship with the outdoors through the
incorporation of natural materials, verandahs and glazing and orientation of openings
towards public spaces where practicable.
• The proposed buildings and structures have articulated roof forms which are visible from
the street. They incorporate a mix of lightweight and textured external building materials,
provide for variation through articulation, texture, and detailing. They incorporate verandah
and open balconies and shaded areas for outdoor living, with open, transparent, or semi-
open balustrades. The design makes use of understated colour schemes and low reflective
roofing and building materials that integrate with the existing Noosa Springs built form and
character and is consistent with the existing Noosa Springs Golf and Spa Resort facilities.
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• The applicant has provided a series of montages which address the views of the
development from the residential properties in Noosa Springs to the west of the subject
site. The photomontages demonstrate that the development sits within the existing tree line
and will be less prominent than the Parkridge development. The following images are some
of the montages that have been provided by the applicant.
Figure 18 – Photo montage of proposed development from golf course.
Figure 19 – Photo montage of proposed development from golf course, buildings above the tree line are
Parkridge.
Tennis Courts
Four tennis courts are currently located on the site, it was originally proposed to relocate the tennis
courts within an area that is subject to the Biodiversity, Waterways and Wetlands Overlay. Due to
concerns with the proposed loss of non-juvenile koala habitat trees the tennis courts have been
re-located so that they are situated above the existing north-western car park. The location of the
tennis courts is detailed in the following image:
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Figure 20 – Location of tennis courts
Figure 21 – Tennis court plans
Like the existing courts the proposed courts are located on two different levels, with 2 lower
courts and 2 upper courts. The bases of the existing tennis courts are at RL 25.5 and 27,
reflective of the split level on which they are also located. The top of the existing fencing and light
poles are significantly higher. The top of the fence of the proposed upper-level courts is at RL
26.2.
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The courts are setback at least 15.6 metres from Resort Drive and will be partially screen by the existing vegetation within the road reserve and on the site. The visibility of the courts will be at its greatest on the southern side of the roundabout at the intersection of Resort Drive and Links Drive, essentially being within the resort site. Notwithstanding the bulk attributed to the tennis courts will be limited noting tennis court fencing is a mesh style fence that is transparent, it is recommended that a condition be included to detail the type of fencing and for the colour to be black. Whilst the tennis courts are elevated, they remain below the Recreation and Open Space zone 8 metre height limit with the exception the light poles, noting that 2 of the courts are located within the Tourist Accommodation Zone which has a height limit of 12 metres. The plans include 9 metre light poles which range in height from 9.25 metres up to 12.67 metres above the existing ground level The applicant has agreed to reduce the height poles by at least one metre which is reflected in a condition within the recommendation. The light poles will have a narrow form and will not be visually obtrusive and are infrastructure that is expected to be associated with the tennis courts. The existing courts also include lighting, the proposed lights will sit significantly lower than the existing lights. Conditions are also recommended in relation to the tennis court lighting to limit the hours of operation and ensure that the lights are baffled so that they do not result in amenity impacts. Acoustic A loading dock and a 5000 litre in ground grease trap are located within 25 metres of a residential building within the Parkridge development. The size of the adjacent vehicle turnaround area suggests that trucks are meant to access this area, specifically pump out trucks for the interceptor. Whilst the applicant proposes to limit access to this area to the hours of 7am to 6pm this does not necessarily prevent adverse noise impacts to the dwelling units to the southeast. A second loading dock is located to the rear of the existing resort facilities building, this is situated approximately 60 metres from the nearest residential building. It is anticipated that additional measures may be required to ensure the protection of the amenity to the nearby dwellings. Accordingly, a condition has been included requiring an updated acoustic report to assess the potential noise impacts of these loading with recommendations to be implemented within the development. Site Cover and Plot Ratio The subject site includes an area of 23,447m2 that is zoned Tourist Accommodation. The balance of the site is zoned Recreation and Open Space Zone (14,608m2). The Tourist Accommodation zone code requires a maximum site cover of 40% (9,378m2) and a Plot ratio of 0.65:1(15,240m2). The Recreation and Open Space Zone requires a maximum site cover of 10% (1,460m2) whilst there is no numerical requirement for Plot ratio. The total site cover of all buildings on the site (including that zoned Recreation and Open Space) is: • Existing club house -1,839m2 • Existing day spa & gymnasium -1,308m2 • New Hotel – 3,670m2 • Tennis Courts – 2,505m2 • Carparking – 1,234m2 The total gross floor area of all buildings on the site (including that zoned Recreation and Open Space) is: • Proposed Hotel facilities - 6,862m2 • Existing day spa - 1,241m2 • Existing clubhouse - approximately 2,000m2 + 105m2 proposed as part of future change. The following table details the proposal’s compliance with site cover and plot ratio.
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Tourist Accommodation Zone Proposed Complies
Site cover Tourist Accommodation Zone 6,817m2 Yes
9,378m2 permitted
Including car park and
Recreation and Open Space Zone tennis courts: 10,556m2
1,460m2 permitted
Total permitted: 10,838m2
Plot ratio Tourist Accommodation Zone 10,208m2 Yes
15,240m2 permitted
The proposal complies with the scheme requirements for both site cover and plot ratio as the
buildings are below the prescribed requirements when considering the site as a whole. It is
acknowledged that the extent of site cover does not comply within the existing mapped Recreation
and Open Space zone when considered in isolation however, the building and structures do not
detrimentally reduce the useability of open space or dominate the site. It is noted that the existing
land zoning was not based on detail odour assessment at the time, with the current application
ground truthing the appropriate area for the tourist accommodation use to occur. It is noted that
the extent of plot ratio does not exceed the amount permitted under the Tourist Accommodation
Zone. On this basis it is considered that the site cover and plot ratio are appropriate for the overall
site.
Building Height
The Tourist Accommodation zone has a maximum building height of three storeys. The proposed
development ranges in 2 storeys and 3 storeys with basement levels across the site, a small
section is 4 storeys where the basement car park is not backfilled. The maximum height
requirement of 12m is exceeded at the lower part of the site where the central part of the roof and
lift shaft range from 12.19 to 12.95m from natural ground level, the part of the building where the
basement is not backfilled is 14m above finished ground level.
The Recreation and Open Space Zone has a maximum height requirement of 8 metres. Most of
the built form within the Recreation and Open Space Zone does not exceed 8 metres. The
maximum height of the building within the Recreation and Open Space Zone ranges from 11.1m
to 12m above natural ground level.
The following image details those part which exceed 8 metres and 12 metres respectively, the
yellow area is the Recreation and Open Space Zone with the red area being the Tourist
Accommodation Zone, the building is identified in light blue in the areas which it exceeds the
relative height limits of these zones.
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Figure 22 - Extrapolated 8m (yellow) and 12m (red) above Natural Ground Plane
Despite this part of the building not complying with the 8m and 12m height requirements the
development is considered to comply with the corresponding Performance Outcomes as:
• The site is characterised by slope which rises approximately 15 metres from the western to
the eastern boundary of the site. The large footprint of the buildings, which is attributed to
their intended use, results in the development exceeding the height limit where the buildings
extend down the slope.
• The buildings are consistent with the expected height and scale for the purpose which they
are intended to be used.
• The development takes the form of 5 separate ‘pavilions’ which has allowed the development
to progressively step down the site, accordingly reasonable efforts have been made in the
design of the development to minimise the height impacts.
• The maximum exceedance of the height requirements generally relates to the ridgeline of
different buildings with the extent of exceedance less in other parts of the building where the
roof line pitches towards to the ground level.
• The exceedance in height is generally limited to the roof plane.
• The height of the development is generally consistent with the Parkridge Noosa development
which was also permitted height variations in recognition of the scale of the built form and the
similar topography.
• The areas of exceedance are located centrally on the site and will not visually dominate the
street or surrounding areas generally presenting generally as two storeys to Resort Drive;
o will preserve the amenity of surrounding premises including privacy, views, and access
to sunlight; Noosa Springs Boutique Hotel
o will respect the scale of any nearby vegetation by maintaining a vegetated skyline.
Earthworks
The Tourist Accommodation Zone includes an acceptable outcome which seeks to limit cut and fill
to a maximum of 1.5 metres. The site contains existing retaining walls and terraced platforms
supporting tennis courts and ancillary structures, with the remainder of the site containing a slope
which runs from Resort Dive to the golf course. The application material notes that additional
earthworks cut, fill and retaining will be required to construct proposed building pads, pools and
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car parking areas. The extent of earthworks will exceed the 1.5 metre acceptable outcome, the
extent of works is a consequence of the existing benching and slope of the site, the large footprint
of the building and the depths required to facilitate basement levels. The earthworks are to be
generally located in the proposed building footprint and will not impact on landscape amenity
outcomes that are to be achieved through future landscaping. Furthermore, the natural landform
of the site has already been significantly disturbed through benching for the existing car parks,
access roads and tennis courts The earthworks will be further regulated through an Operational
Works application which will ensure that there is no erosion or sediment runoff from the site.
Setbacks
The proposed development complies with the acceptable solutions for setback requirements
except for the eastern elevation of the proposed resort, the two-level carpark and one of the tennis
courts.
The eastern elevation of the proposed resort is setback between 7.5 metres and 17 metres in lieu
of the 20 metre requirement within the Recreation and Open Space Zone. Whilst the buildings are
located within the Recreation and Open Space Zone it is acknowledged that the suitable
developable area would be determined through a ground-truthing exercise relating to the required
odour buffer setback. In this regard, the proposed setbacks comply with the setback requirements
for the Tourist Accommodation Zone. Furthermore, the road reserve is well vegetated with a
recommended condition requiring vegetation in the road reserve to be enhanced. Some of the
existing screening vegetation within this part of the site will also be retained with the areas outside
of the 5 metre turfed bushfire setback to be enhanced with further planting. The existing and future
landscaped vegetation will assist in filtering views of the built form. The proposed setbacks will not
be inconsistent with the predominant character of the surrounding area, noting the close proximity
of the Parkridge development to this part of the site.
The two-level car park includes an open sided shade structure which is approximately 7.8m high
and is setback 0m in lieu of 2.5m from the boundary (see figure 23 below)
Figure 23 – elevated carparking located on the western side boundary.
The 0m setback is consistent with the existing carparking area that is currently located adjacent
to the boundary. The adjoining land to the west (golf course) is heavily vegetated and will buffer
the built form of the car park when viewed from the golf course. The car park will only be seen by
persons utilising the resort and the associated facilities. Furthermore, the setback variation
relates to an internal boundary for 2 lots which are unable to be sold separately due to an
existing covenant restriction on the titles.
With regards to the tennis courts, the Recreation and Open Space Zone requires a 20 metre
setback to the front boundary (Resort Drive) and 4.5 metres from an internal road (Links Drive).
The tennis courts within this zone are setback between 15.6 metres and 28.5 metres, with the
majority of the tennis courts being in excess of 20 metres. One of the courts is located adjacent to
the Links Drive boundary above the existing car park, which is built to the boundary.
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Like the two-level car park the siting of one of the tennis courts adjacent to the Links Drive setback
will generally only be perceptible to those persons utilising the resort facilities, noting the significant
setbacks to Resort Drive. As per the below image the area within the adjoining road reserve
contains vegetation which will filter views of the tennis court whilst noting that the area currently
contains a car park.
Figure 24 – view from Links Drive towards elevated tennis courts.
Taking this into consideration the boundary setbacks can be supported on the following grounds:
• The location of the areas for which the reduced setbacks are sought internal to the Noosa
Springs site do not impact on the public realm, residential character or amenity or the
streetscape.
• The reduced setbacks will not obstruct views or cause overlooking of private open space or
habitable areas of adjoining premises.
• The reduced setbacks will provide a high level of amenity to users of the subject site.
• The tennis courts are located above existing car parks.
• Re-siting the tennis courts has enabled the retention of vegetation containing MSES values
and maintains the provision of 4 x tennis courts.
4. CONSULTATION
4.1. Referral Agencies
The application was referred to the following Referral Agencies:
• Department of State Development, Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for:
• Schedule 10, Part 10, Division 3, Subdivision 3, Table 1, Item 1— Koala habitat area in
SEQ region
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• Schedule 10, Part 9, Division 4, Subdivision 1, Table 1, Item 1— Development impacting
on State transport infrastructure
The Department has responded advising that it does not object to the application subject to
conditions, including conditions relating to:
• Retention of native vegetation within the Koala Habitat Area
• Pedestrian connectivity from the porte cochere to the hotel reception
• Provision of a bus setdown facility as part of the porte cochere
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
• Senior Environment Officer
• Coordinator Development Engineering
4.3. Other Referrals
The application was forwarded to the following external experts for review and/or comment
• Bushfire
• Hydraulic Engineer
• Traffic consultant
4.4. Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning
Act 2016. 395 properly made submissions were received, all objecting to the application. The
following table provides a summary and assessment of the issues raised by submitters.
Matters Raised Comments
Traffic flow/carparking A traffic report was provided by the applicant
which has been amended in response to review
Existing car park is not adequate
by Council’s consulting traffic engineer. The
Resort Drive too narrow application has been amended since the
Impact of delivery and refuse vehicles application was notified with additional car parking
being provided. Council’s consulting traffic
Build an access road off the entry engineer supports the proposed car parking and
roundabout to Noosa Springs directly access arrangements for all vehicles.
onto Eenie Creek Road to enable safe &
quick exit. That would be expensive but The application was also referred to SARA with
should be an expense imposed on the the referral related to the impact of the
developer. development on state transport infrastructure.
SARA has provided conditions which include the
requirement for a setdown facility for a bus of
14.5m in length.
Where will construction vehicles be Future operational works approvals will include
located the requirement for a construction management
plan which will address the parking of construction
vehicles.
Noise – pool The pool is located approximately 100 metres
from the nearest dwelling with the hotel pavilions
being situated between the pool and this dwelling.
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It is over height The proposed development is permitted to have a
maximum height of 12 metres, where located in
Extent of height exceedance is excessive
the Tourist Accommodation Zone and 8 metres
and will impact of views of Parkridge
where located within the Recreation and Open
development’
Space Zone. Whilst the development does exceed
12 metre height will overpower existing the permitted height limits this is largely due to the
buildings sloping topography of the land and the scale of
Building height of 12 metres, will adversely buildings required to provide the intended use.
impact the scenic amenity of the area, The height variations are generally located
particularly when viewed from the north. internal to the subject site with the subject site
itself being within a golf resort, as such the height
The visual impact at the SW corner will be variations will not impact on streetscape or
astonishing. The building presents a five- adjoining properties.
storey development in the south west
corner
The development sits awkwardly with an
enormous scale imbalance between itself
and the existing resort buildings.
Reduced availability of tennis courts Since the application was notified the number of
tennis courts has been increased by 3 to 4 to
Reduction in number of tennis courts (4 to
maintain the status quo.
3)
It is acknowledged that there will be increased
demand for the tennis courts noting that the courts
are a private and not a public facility.
Weak on environmental and energy The application material included a terrestrial
efficiency aspects ecology assessment which was reviewed by
Council’s Senior Environment Officer with the
application also being referred to SARA to assess
the removal of koala habitat.
A sustainable building design report was also
provided which includes a range of ecological
design strategies.
Too far from beaches and river Noosa Shire includes a range of accommodation
types which are located within varying distances
Unsuitable site for development
of the beach and river.
Inappropriate commercial development
Under the Noosa Plan 2006 the site was zoned
impacting on the quality of residents'
Open Space Recreation. The site is zoned
lifestyle who purchased in the area
Tourist Accommodation under the Noosa Plan
believing no further development was
2020 with the change being communicated
possible.
through the public consultation process on
Any unanticipated development requires Noosa Plan.
demonstration of a high level of
The Noosa Plan 2020 requires that the site be
community need.
protected for the purpose of a resort
An overriding need in the public interest for complex or short-term accommodation to the
the development which would justify its general exclusion of permanent residents.
inconsistent use, planning conflicts,
destruction of habitat, loss of scenic
amenity and additional external pressure
on the Noosa region, particularly during
peak tourism periods. Eg. Increased
Vehicle Traffic.
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The developers are potentially "double-
dipping" as the land originally earmarked
for a hotel was used to build Parkridge.
The application is contrary to the stated
strategic and general principles of the
Noosa Shire Planning Scheme
Koala habitat The applicant has amended the application so that
the koala trees within the state mapped core koala
Inappropriate setbacks result in tree
habitat area.
removal
Council’s glossy black-cockatoo sighting mapping
Glossy black cockatoos are known to use
identifies that the subject land lies within an area
the site
that is not considered to be of importance for
glossy black-cockatoo. Areas to the north and
east are of value for this species. The terrestrial
ecology assessment located 1 glossy black within
2 km’s of the site. Offset planting will include the
planting of glossy black feed trees within the
landscaping.
The proposal complies with setback requirements
with the exception of the two level car park which
is to be constructed over the existing carpark
hardstand.
Overdevelopment The proposal is consistent with the site cover and
plot ratio requirements for the zones.
Fire – escape routes, emergency vehicles The application material has included a Bushfire
ability to enter the site Hazard Assessment and a Bushfire Management
Plan. Both documents have been reviewed by
Council’s consulting bushfire expert who is
satisfied that the development and associated
reports adequately address bushfire risk.
Setbacks 0m to rear boundary The proposal does include a two level carpark
which is situated adjacent to the western
Large carpark is not suitably screened
boundary, being the common boundary with the
golf course. A vegetated buffer is situated within
the golf course. There are considered to be no
amenity impacts on adjoining owners resulting
from the setback.
Inconsistent use within the Recreation and The extent of the mapped Recreation and Open
Open Space Zone Space Zone was intended to provide separation
between future development and odour impacts
Two thirds of the development is to be built
from the nearby sewage treatment plant. The
on land zoned "recreational and open
current application has ‘ground truthed’ the area
space"
appropriate for development via the provision and
subsequent review of odour impact reports.
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Analysis should include impacts on all
Not a relevant planning consideration noting that
Noosa Springs Resort existing facilities –
the applicant is the owner of the land on which the
golf course, recreational and social
golf course and associated facilities are located.
facilities
No function centre is proposed within the hotel,
functions and conferences will continue to occur
within the Noosa Springs Golf and Spa Resort,
which is reflected in a condition within the
recommendation.
5. CONCLUSION & REASONS FOR DECISION
The application seeks to develop a of 106 room 5-star hotel on land within the existing Noosa
Springs development. The site is split zoned, with both the Tourist Accommodation Zone and the
Recreation and Open Space Zone affecting the site. The split zoning at the time sought to
recognise the need for a buffer distance (to mitigate potential odour impacts) associated with the
nearby sewage treatment plant (STP). Supporting documentation has assessed the odour impacts
of the STP to determine the appropriate building footprint and associated outdoor recreation areas.
This material has been reviewed and supported by Council’s consulting odour expert with
conditions recommended to address use of outdoor areas and ventilation of the building at its
interface with the accepted odour limit.
The proposed built form is consistent with the prevailing built form within Noosa Springs and
compliments the golf clubhouse and spa facilities which are located nearby. The building does
exceed the height limit due to the topography of the site and the large footprint anticipated in
buildings providing resort accommodation. Site cover does not exceed the combined amounts
permitted for both the Tourist Accommodation Zone and the Recreation and Open Space Zone
whilst the plot ratio complies with the requirements of the Tourist Accommodation Zone. The
application has also demonstrated compliance with the carparking, bushfire, and water
quality/quantity requirements of the Noosa Plan whilst variations to setbacks associated with the
two-level car park and elevated tennis courts are supported.
The application is recommended for approval subject to conditions.
Departments/Sections Consulted:
Mayor Community Services Corporate Services
Councillors Director Director
Community Development Financial Services
Chief Executive Officer Community Facilities Fleet
Executive Support Libraries & Galleries ICT
Local Laws Procurement
Waste & Environment Health Property
Revenue Services
Executive Services Development & Regulation Infrastructure Services
Director X Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings & Facilities
Governance Economic Development Civil Operations
People & Culture Environmental Services Disaster Management
X Strategic Land Use Planning Infrastructure Planning,
Design & Delivery