Original source · versioned page text
132005.1133.2 Extension to relevant period - Noosa Springs Precinct F
Very large file: it may take a few minutes
The original of this document is very large (11.0 MB). Opening the original or downloading it may take a few minutes. Please be patient and don't click again. The page text is quick to read. If you are on mobile data, it is best to wait until you are on Wi-Fi.
\3a,00s, 11 3 3,a
SCRC CORRESPONDENCE
8 February 2011 it B0294263
II I o1'
Our Ref: 10983
Council Ref: 2005/1133 khci
DEVELOPMENT
M A N A G E R S
Sunshine Coast Regional Council
Locked Bag 72
SUNSHINE COAST MAIL CENTRE QLD 4560
Attention: Development Assessment
Dear Sir/Madam
Development Countor
EXTENSION TO RELEVANT PERIOD REQUEST
LESLIE DRIVE, NOOSA HEADS
PART OF LOT 3 SP221524
9 FEB 2011
Reference is made to the abovementioned Develo ment Application for MJaerial change of Use
(Council File Reference: 2005/1133).
On behalf of the applicant, Starco Developments Pty Ltd, and in accordance with Section 383 of the
Sustainable Planning Act 2009, we hereby request to extend the relevant period of the approval by an
additional four (4) years. This would extend the validity of the subject approval to 5 November 2015.
Please find enclosed the following documentation to facilitate Council's assessment of the request:
• Duly completed relevant Sunshine Coast Regional Council Form;
• Landowner consent from Starco Holdings Pty Ltd;
• Existing Approval 2005/1133 - dated 5 November 2007;
n Town Planning Report justifying grounds for approval under the current Noosa Plan 2006;
• Copy of correspondence to the Department of Environment and Resource Management; and
• A cheque for the amount of $1,943.00, made payable to Sunshine Coast Regional Council being
the relevant Council lodgment fee for an extension to relevant period.
The applicant seeks a four (4) year extension to the approval in order to allow sufficient time to
deliver the project and obtain the further development permits required. The global financial crisis
has failed to provide the economic stability required to progress the development within the time
frame of the current approval. Extension to the relevant period of the approval is considered a
reasonable request given the current economic climate and associated decrease in demand and
tighter funding controls. The development approval and its conditions are generally consistent with
the current Noosa Plan 2006 as demonstrated in the attached Town Planning Report.
We look forward to Council's assessment of this request and issue of an extension to the relevant
period. Should you have any questions with respect to the above, please do not hesitate to contact
me directly on 5443 2844.
Yours faithfully
KHA DEVELOPMENT MANAGERS
95(
Box iZ2q
f 2-O
18/42 King Street, Cabootture Old 4510 Suite 1. Corner Surf Road & Gardak Street 1 C/41 Sturt Street, Townsville Qki 4810
PO Box 1712, Cabootture Old 4510 Alexandra Headland Oki 4572 PO Box 5027, Townsville Oki 4810
9S
p 1 07 5495 5318 r 1 07 5495 5317 PO Box 6380, Maroochydore BC Old 4558 p 1 07 4721 3066 r 1 07 4721 3088
p 1 07 5443 2844 r 1 07 5443 7146
en Hicks & Associates Pty Ltd ACN 010 278 823 ABN 74 308 405 611 trading as KHA Development Managers
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalLog in to download the original file
Very large file: the download may take a few minutes. If you are on mobile data, it is best to wait until you are on Wi-Fi.
Searchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 53 pages
Page 2
Sunshine Coast Request to Change Existing Approval and/or
Retp _,i ^_.:DUJiCil Extension to Relevant Period
NOTES: Which entity issued the approval?
ALL questions MUST be completed unless the form indicates J Sunshine Coast Regional Council(AOOb . ( ;ti)
otherwise. Other entity - please specify:
This form must be submitted to Council accompanied by the
Is the approval for a mobile and temporary ERA?
applicable fee.
Attach extra pages if there is insufficient space on the form. No
If Council was the Assessment Manager for the existing approval, Yes - complete below
and the approval was issued by the Court then:- Insert the name of each local government area in which the
(a) a request to change the development approval and/or mobile and temporary ERA is proposed to
conditions is made to the Court, and
operate/operating.
(b) a request to extend the relevant period for the approval is
made to Council.
All terms used on the form have the meaning given in the
Sustainable Planning Act 2009 or the Sustainable Planning
Regulation 2009. 3. Nature of request
Please tick ALL applicable categories
C Details of the person making the request
To change the development approval
Full name - individual or company To change the development conditions
?r'1 (-TO (- kNA o(vEL4l'1 To extend the relevant period before lapsing
Wc
M.atrJ/t GEQS Please attach documentation outlining the details of
Contact name -for company
and the reasons and justification for the requested
ScoTr So6EY change or extension.
Postal address
4. Location of the premises
O Sox 4.39D
& -,7 Street address
MAR OCA' f D acf 6 C-
Postcode 4- SS g Unit no. Street no. Street name
Contact phone number Fax number - if applicable
LEwE ne l v E
Suburb Postcode
dt X4322844 Iv1 5443 7l4
N o^R ^tEPf 67
Mobile number - if applicable
Lot and plan description
Lot no. Plan type & plan no.
E-mail address - if applicable
SP l 1}3323
5 Cott . Saac., P ke^k4 clams. co.," . cu e
C Details of the existing approval
Type of approval - please tick ALL applicable categories
Development Permit
5. Concurrence Agencies
Preliminary Approval
Compliance Permit Was there one or more concurrence agencies involved in
Material Change of Use the original approval?
Reconfiguring a Lot No
Operational Works Yes - provide details below
Building Works Note - Under s372 of the Sustainable Planning Act 2009 the person
Plumbing or Drainage Works making the request is required to give a copy of this request to all
concurrence agencies.
Compliance Certificate
Environmentally Relevant Activity (ERA) Concurrence Agency Date copy given
Application number Date issued PAR t^J eE CNvf 2g f fr Zoll
A►.)i) /C 5 CL I►MNNLti.^cEnl-i / /
Z 001 1133 / /
PD-DA-FM401/1-30/04/2010 Page 1 of 2
Page 3
6. Pre-request response notice 1 8. Does the request involve a State resource
prescribed under the Sustainable Planning
Has a pre-request response notice been given by a relevant
Regulation 2009, Schedule 14?
entity (e.g. a concurrence agency) for this request?
No No
Yes Yes - complete Table C below
If yes, please attach a copy of the notice.
Table C - State owned resource
Nature of State owned resource
L Owner's consent
Is the owner's consent required for this request?
No Nature of evidence required
Yes - complete either Table A or Table B below Evidence of allocation of /entitlement to, the resource
Note - If more than one owner of the land all owners' details are Evidence the chief executive has agreed to the request
required.
Attach a copy of the evidence required above.
Table A - owner's consent provided on form
Owner's name/s NOTES: For question 8
Section 370(3) and (4) of the Sustainable Planning Act 2009 requires
I/We, the above-mentioned owner/s of the land, consent to that if an application for the development approval were made at
the making of this request. the time of making this request and evidence under section 264(1) of
Signature/s the Sustainable Planning Act 2009 would be required to support the
application, this request must be accompanied by the written
agreement of the chief executive from whom evidence would be
Date
required under section 264(1).
Section 264 of the Sustainable Planning Act 2009 provides that if a
development involves a State resource, a regulation may require the
Table B - owner's consent attached application to be supported by certain evidence prescribed under
Owner's name/s regulation. Schedule 14 of the Sustainable Planning Regulation 2009
prescribes the State resources for which evidence is required to be
given, and the evidence required, to support the application.
3 The owner's written consent is attached.
9. Applicant's declaration
NOTES: For question 7
Under section 371 of the Sustainable Planning Act 2009, if the Signature/s:
person making the request is not the owner of the land to which the
approval relates, the request must be accompanied by the owner's
consent.
However, owner's consent is not required if the approval:
By making, this request, I del tare that all information in this
• relates to land the was acquisition land to which section
263(2)(d) of the Sustainable Planning Act 2009 applied when request is true and correct.
the application for the approval was made; or
• is for building work or operational work for the supply of
community infrastructure on land designated for the
community infrastructure; or
• the consent of the owner would not be required under section
263(1) of the Sustainable Planning Act 2009 if a development
application were made for the requested change.
Also, owner's consent is not required if the Assessment Manager is
satisfied that:
• the number of owners of the land make it impractical to obtain
owners' consent, and the requested change does not materially
affect the owners' land, or
• having regard to the nature of the proposed change, the owner
has unreasonably withheld consent and the requested change
does not materially affect the owner's land.
PD-DA-FM401/1-30/04/2010 Page 2 of 2
Page 4
Your ref: 10983
1 February 2011
I RECrFTVEt
Scott Sobey 0 3 FEU 2011
Director
KHA Development Managers BY:
PO Box 6380
Maroochydore BC QLD 4558
Dear Sir,
NOOSA SPRINGS -EXTENSION OF RELEVANT PERIOD DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE (PRECINCT F)
I refer to my email to you today.
Enclosed for your attention is the following.
1. Cheque payable to the Sunshine Coast Regional Council in the sum ct 51,943.
2. Executed Landowners Consent
Yours Faithfully
StarCo Developments Pty Ltd
Phil Starkey
GENERAL MANAGER
STARCO DEVELOPMENTS PTY LTD ABN 59 010 290 605
Resort Drive, PO Box 1184, Noosa Heads, Queensland 4567 0 (07) 5440 3333 0 (07) 5440 3399 0 [email protected]
Page 5
Our Ref: 10983
Chief Executive Officer
Sunshine Coast Regional Council
Locked Bag 72
SUNSHINE COAST MAIL CENTRE QLD 4560
Dear Sir/Madam
LANDOWNER'S CONSENT
APPLICATION FOR EXTENSION TO RELEVANT PERIOD
NOOSA SPRINGS - PRECINCT F
LESLIE DRIVE, NOOSA HEADS
LOT 3 SP221524
STARCO HOLDINGS PTY LTD ACN 057 509 921, as owner of land at LESLIE DRIVE,
NOOSA HEADS, described as LOT 3 SP221524, hereby consent to the making of a
development application under the Sustainable Planning Act 2009 by KHA Development
Managers for the abovementioned application.
1. it
Date ...................................
NAME: 4L.Av-
Date ...................................
NAME:
Page 6
• • If telephoning or colluig please ask for:
Kerri Coyle, 5449 5223
Emai l: ion 03.gov.au
ht 'A I
COUNCIL Application Ref:
Your Ref:
Ref: 2005/1133
9 November 2007
Starco Developments Pty Ltd
PO Box 1184
NOOSA HEADS QLD 4567
Dear Sir/Madam,
Re: Application for a Development Approval for 155 Dwelling Units and
Associated Facilities - Theatre, Restaurant, Shops & Function Rooms
situated at Leslie Drive Noosa Heads described as Lot 3 SP 178323
I refer to Council's letter dated 5 November 2007 issuing a Negotiated Decision Notice.
Unfortunately an error was a found in respect to the Negotiated Decision Notice.
Please find a corrected Negotiated Decision Notice. Council apologise for any
inconvenience should you wish to discuss this further please contact Kerri Coyle on
5449 5223
Yours faithfully,
l,j,^
Kerri Coyle
ACTING MANAGER LAND USE
Encl: Negotiated Decision Notice
lQ^ 1 3 NOV 2007
i?. Y---------------------
Award Winner - Australian Clean Beach NOOSA COUNCIL ,.N 97 969 214 121
Challenge 2004 Litter Prevention 9 Pelican Street, Tewantin PO Box 141, Tewantin Q 4565
Phone: 07 5449 5200 Fax: 07 5447 1062
Email: [email protected]
Page 7
• • If ic•lephonmw or calling please ask for:
09 14 Kerri Coyle, 5449 5223
Email: kcoyle©noosa.gld.gov.au
hL jj COUNCIL Application Ref: 2005/1133
ur ,ef
5 November 2007
Starco Developments Pty Ltd
PO Box 1184
NOOSA HEADS QLD 4567
Dear Sir/Madam,
Re: Application for a Development Approval for 155 Dwelling Units and
Associated Facilities - Theatre, Restaurant, Shops & Function Rooms
situated at Leslie Drive Noosa Heads described as Lot 3 SP 178323
I refer to your application and the representations you have made in respect to
Conditions 3, 8, 11.2, 11.4, 13, 14, 16, 17, 18, 20, 27, 40, 53, 64, 68, 78, 80, 81, 82.1.4,
94. On 1 November 2007 Council decided to:
A. Agree to change conditions Agree to amend Conditions 8, 11.2, 11.4, 13, 14, 20,
27, 40, 53, 68, 78, 80, 81, 82.1.4, 94.
B. Agree to delete Conditions 3, 18 & 64.
C. Refuse to Change/Delete Conditions 16 & 17
D. Issue a Negotiated Decision Notice.
Details of the decision, with the amended conditions, are contained in the attached
Negotiated Decision Notice.
You have continuing appeal rights in respect of Council's decision on your application.
Refer Section 4.1.27. of the Integrated Planning Act.
Should you wish to obtain more information about Council's decision, the reports and
staff recommendations and Council Minutes regarding this application are available for
viewing or purchase at the Level 2 counter of Council offices. It would assist Council
staff if you could bring this letter with you.
Yours faithfully,
V,
Kern Coyle
0 NOV 200? LJ
ACTING MANAGER LAND USE
End: Negotiated Decision Notice
Award Winner - Australian Clean Beach NOOSA COUNCIL ABN97 969 214 121
Challenge 2004 Litter Prevention 9 Pelican Street, Tewantin PO Box 141, Tewantin Q 4565
Phone: 07 5449 5200 Fax: 07 5447 1062
Email: [email protected]
Page 8
NOOSA Form 6 -Negotiated Decision Notice
COUNCIL INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2005/1133 Date of Decision: 1 November 2007
1. APPLICANT DETAILS
Name: Starco Developments Pty Ltd
Postal address: PO Box 1184
NOOSA HEADS QLD 4567
Phone no: 07 5449 7288 Fax no:
2 YPROPERTY DESCRIPTION*^ LLr ^'
Street address: Leslie Drive Noosa Heads
Real property Lot 3 SP 178323
description:
3. OWNER DETAILS 1
Name: Starco Developments Pty Ltd
Postal address: PO Box 1184
NOOSA HEADS QLD 4567
4. REFERRAL AGENCIES
Referral Agency Address Basis
Dept of Natural PO Box 573, Nambour Qld 4560 Advice Agency - Acid
Resources & Mines Sulfate Soils
Department of Natural PO Box 573, Nambour QId 4560 Concurrence Agency -
Resources & Mines Clearing of Vegetation
APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use 155 Multiple Dwelling Units and No Yes
Associated Facilities - Theatre,
Restaurant, Shops & Function
Rooms
6. DECISION DETAILS
Council on 30 August 2007 decided to approve the application and grant a Development Permit, subject to
conditions.
In relation to representations made by the applicant Council on 1 November 2007 decided to:
A. Agree to amend Conditions 8, 11.2, 11.4, 13, 14, 20, 27, 40, 53, 64, 68, 78, 80, 81, 82.1.4, 94 with
an amendment to Condition 20 to read as follows:
Page 9
NOOSA COUNCIL IDAS Development Application Decision Notice 2 of 15
Condition 20
The Development Permit for a material change of use of premises lapses if the first change of use
under the approval has not happened by 30 August 2011, unless an application to extend the
currency Is approved by Council
B. Agree to delete Conditions 3 & 18.
C. Refuse to Change/Delete Conditions 16 & 17 for the following reasons:-
Conditions 16 & 17
These conditions include requirements that Council has sought to apply to all developments within
the Shire, are considered good practice to achieve sustainability and there is no reason identified
why Noosa Springs Resort can not comply with the requirements.
D. Issue a Negotiated Decision Notice.
E 7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Advertising Devices Code.
8. SUBMISSIONS
9. _ CONDITIONS
The approval is subject to conditions. Noosa Council's conditions are attached. Conditions from the Dept of
Natural Resources & Mines, as a concurrence agency are also attached.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All Building Works
Development Permit for Operational Works Landscaping, carparking and access, site civil works,
roadworks, erosion and sediment control, frontage works,
stormwater drainage and filling of site.
11. RIGHTS OF APPEAL ,
--M-
Rights of appeal In relation to this application are attached.
12. ASSESSMENT MANAGER
Name: Noosa Council Signature: K1 Gal .(., Date: 9 November 2007
DECISION NOTICE HISTORY
• Original Decision Notice 30 August 2007.
• Negotiated Decision Notice with amendment to
Conditions 8, 11.2, 11.4, 13, 14, 20, 27, 40, 53, 64, ,i
68, 78, 80, 81, 82.1.4 & 94 and agree to delete
conditions 3, 18 on 1 November 2007.
MG j:Idatawrkslwrkcache11478732%05-1133 ndn.doc
Page 10
NOOSA COUNCIL IDAS Development Application Decision Notice 3 of 15
NOOSA Noosa Council Conditions.
COUNCIL INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Land Use
1. The following changes shall be made to the development:-
1.1. Inclusion of soft landscape areas between Buildings A, B & C that allows for planting of tall trees.
1.2. A minimum landscape setback of 2 metres shall be provided to all car parking spaces.
1.3. Removal of all buildings (including carports) within the 15 metre setback to the north east boundary
or written confirmation from an appropriately qualified fire consultant that the risk of bushfire has
been addressed by proposed car port design.
2. Development undertaken in accordance with this approval must generally comply with the approved plans
of development. The approved plans are numbered 433-SK01 B, SK02A, SKO3B, SKO4B, SKO5B, SKO6B,
SK07A, SKO8B, SKO9B, SK10A, SK12B, SK13 dated June 2007, 433-SK11 dated April 2005 prepared by
Alan Starkey & Associates Pty Ltd and as may be amended by these conditions.
3. Deleted.
4. The ancillary shops, restaurants, bars, business centre, boardroom, theatre, function rooms and other
ancillary facilities shall be operated and maintained as a Resort. A letting pool service promoting and
managing short term accommodation must also be established on site and made available to all owners
of multiple dwelling units. The community management statement for any or all bodies corporate having
control of the Resort or any part thereof shall incorporate this condition.
5. The open space and setback areas are to be landscaped in accordance with Council's Policy on
Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified
Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being
occupied and maintained at all times thereafter and shall include:
5.1. Planting of koala and glossy back cockatoo feed trees;
5.2. Tall canopy trees between the buildings and the eastern boundary to reinforce the existing
vegetation on the adjoining Council land and assist in Integrating the development into its
landscape setting. These trees shall be located outside the 15 metre fire buffer required along this
boundary.
5.3. Tall canopy trees on the landscape embankment to the west and south-west of proposed Buildings
A. B & C to visually break-up the bulk of the buildings while allowing for filtered views.
5.4. Tall canopy trees on the landscaped embankment to the west and south-west of buildings T and U
to establish a continuity of tree canopy down the slope from the ridgeline to the lower lying areas to
assist in integrating the development with its landscape setting.
5.5. Tall canopy trees in the landscape areas on the slopes to the west of buildings F, G. H, I, J and K
to provide a continuous tree canopy across these slopes while allowing for filtered views to Lake
Weyba.
5.6. Screen planting along the site's frontage to Resort Drive, which includes mature planting.
6. Existing trees on the site and within road reserves are to be retained, except where required to be
removed due to building operations or the conduct of the approved use. Trees retained on site shall
include those identified on Drawing No: 433-EX02 & 433-EX03 prepared by Alan Starkey & Associates
and dated June 2007, with all works around the trees carried out In accordance with Coastland arbour
services report dated 15 May 2007. The landscape plans required to be submitted are to denote areas of
existing vegetation or existing trees to be retained.
7. Any advertising sign or device is to comply with Council's policies on advertising.
MG j:ldatawrkslwrkcache11478732105-1133 ndn.doc
Page 11
NOOSA COUNCIL IDAS Development Application Decision Notice 4 of 15
8. The development's external colour scheme shall use muted tones of browns, greens and greys to
integrate the development with its landscape setting and ensure the development does not visually impact
on the vegetated skyline. This shall apply to Buildings A to K, U, T & V only.
9. A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged
with Council at completion of work confirming compliance with the maximum RL's shown for each building
on the approved plans of development.
10. The natural ground level shall be reinstated around the basement levels so as not to comprise a storey
pursuant to the Schedule to the Planning Scheme to the reasonable satisfaction of the Manager, Land
Use.
11. Energy efficient measures shall be incorporated into the development, including the following at a
minimum:
11.1. All hot water systems installed shall be either solar systems; electric heat pump systems; or gas
systems (LPG or natural).
11.2. Energy efficient domestic appliances within all multiple dwelling units.
11.3. Energy efficient lighting devices including compact fluorescent lamps, light emitting diodes, low
voltage lamps shall be used throughout the development.
11.4. Lighting of all dwelling units shall be controlled through occupancy detection devices.
12. - The development shall comply with the fire mitigation measures detailed in the Bushfire Risk Assessment
and Mitigation Plan prepared by Bushland protection Systems Pty Ltd and dated 20 May 2005.
13. Secure bicycle racks shall be provided on site to accommodate a minimum of 20 bicycles on site and 10
at the existing clubhouse facilities. The proposed bicycle racks shall be identified on the landscaping
plans and shall be located to the reasonable satisfaction of the Manager, Land Use.
14. End of trip facilities shall be provided within the approved building at a minimum of 2 showers and 10
lockers.
15. Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining
as open structures.
16. The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA
Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating
and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to
comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not
exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this
requirement.
17. The pools adjacent the multiple dwelling units shall not be filled or topped up using town water supply.
18. Deleted.
19. The requirements of this development approval are to be effected, prior to the use of the premises.
Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect
compliance with conditions.
20. The Development Permit for a material change of use of premises lapses if the use has not happened by
30 August 2011, unless an application to extend the currency is approved by Council.
21. The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to
obtaining a Development Permit for Building Works.
Land Development
Land Titling
MG j:%datawrkslwrkcache11478732105-1133 ndn.doc
Page 12
NOOSA COUNCIL IDAS Development Application Decision Notice 5 of 15
22. The proposed resort site (Precinct F) is required to be contained on its own individual lot divorced from the
parent lot - being Lot 3 on SP 137433 - which contains the Noosa Springs Golf Course. The Plan of
Survey associated with creating the new lots shall be submitted for registration at the Land Titles Office
and proof of the title being issued shall be submitted to Council prior to the issue of the Development
Permit for Building Works.
Vehicle Access
23. Vehicular access driveways to serve the development shall be constructed from Leslie Drive (shown on
plans as Resort Drive) frontage of the site generally in accordance with Tate Professional Engineers
Plans C1732/05/F/PO1 Revision G dated 07/06/07 and C1732/05/F/P02 Revision H dated 07/06/07.
24. The driveways shall be designed and constructed to grades that prevent vehicles from scraping and/or
bottoming whilst also allowing pedestrians movements along the footpath without any step or level
difference. Should any driveways be constructed to grades that do not comply with AS2890.1-2004,
Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the remainder of the verge shall be avoided, as it is
preferred to have the footpath continue at a constant grade to minimise the potential for pedestrians to trip
or fall.
25. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the verge, the driveway
and any associated fencing or vegetation near the driveway shall comply with the minimum sight line
requirements as defined in AS2890.1, section 3.2.4. The applicant shall demonstrate compliance by
illustrating these sight lines on the plans submitted for both Operational Works approval and Building
Works approval.
26. All vehicles shall enter and leave the site In a forward direction.
Vehicle Access Easement
27. An access easement that provides unhindered access to the public carpark for users (public) shall be
created that covers the driveway in private land used to access the public carpark on the ridge.
28. If in the future service vehicle access is to be granted to Precinct E2, a vehicle access easement shall be
created over the proposed driveway that gives access to Precinct E2. The easement shall be the width of
the driveway and shall benefit Precinct E2 and burden Resort parcel that is the subject of the approval.
29. If the turnaround area shown on Tate Professional Engineers Drawing C1732/05/F/SK142-2 Revision C
dated 17/06/07 is required, an access easement shall be created over the title for Precinct E2 to enable
the utilisation of the area of that land required for the manoeuvre.
Loading Areas
30. The loading dock and refuse area shall be modified to ensure that Large Rigid Vehicles can manoeuvre
into them safely and shall be located generally as shown on Tate Professional Engineers Plans
C1732/05/F/P02 Revision H dated 07/06/07.
Service Vehicles Turnaround
31. Unless legal access has been provided through the adjacent Precinct E2, a turnaround area as shown on
Tate Professional Engineers Drawing C1732/05/F/SK142-2 Revision C dated 17/06/07 shall be
constructed. This may be removed once alternative access through Precinct E2 has been made available
to an appropriate standard.
32. If constructed the turning area shall be sign posted to avoid visitors parking in them and it is suggested
that the sign have the following wording or similar - No Parking - Vehicle Turning Area Only'.
Car Parking and Circulation Pathways
33. Carparking shall be provided within the site generally as shown on Alan Starkey & Associates Drawings
Numbered 433-GF 11, 12 and 13 dated June 2007. Carparking shall include a minimum of 307 carpark
spaces with 155 of these to be covered carpark spaces shall be provided on site, including 7 clearly
defined disabled carpark spaces and 7 motorcycle/scooter parking spaces.
34. The carparking areas shall be designed to comply with the provisions of AS 2890.1-2004 for user class 2
with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head
clearance (headroom) at any point of 2.2m.
MG J:ldatawrkstwrkcache%1478732105.1133 ndn.doc
Page 13
NOOSA COUNCIL IDAS Development Application Decision Notice 6 of 15
35. Turning areas shall be provided at the end of the aisles when required and they shall be line-marked with
chevrons and have the words No Parking" painted on the pavement. A sign shall also be provided to
Indicate that the area is a "Turning Area Only" and that "No Parking is Permitted".
36. All carparking shall be kept, maintained and line-marked in a condition fit for use.
37. All staff carpark spaces shall be dearly defined by line marking each space with the words "Staff Parking
Only" and by sign posting each space with a similar wording.
38. All service driveways shall be designed to comply with AS 2890.1-2004 in particular with regard to
gradients and turning areas required for the light service vehicles.
Vegetation Protection & Preservation
39. Vehicular pavements within the drip zone of any of the existing trees on site to be retained shall be
designed to ensure that the root system water supply is maintained. Pavements shall be constructed so
as not to damage the tree or their root system and in this regard temporary fencing shall be provided
around the trees during construction to help protect them.
Plans shall be submitted to the Council for approval that clearly show the type and extent of the pervious
pavement and/or drainage and the temporary fencing prior to obtaining a Development Permit for
Operational Works.
40. Where retained trees are located in areas proposed to be filled on site (or are located on neighbouring
allotments to the actual site to be filled), there will be a need to prevent fill material from being placed on
the trees root system. To this end the design of the filling works will need to incorporate terracing around
the tree or a similar means of ensuring that the natural ground level around the trees remains generally
the same as existing. These measures shall clearly be shown on the plans submitted for Operational
Works approval and any drainage required to drain these areas shall also be shown on the plans.
Frontage Works
41. Any modifications to the existing road as a result of the proposed driveway access points, including road
widening or realignment, shall be designed and constructed by the applicant.
42. Footpath improvements such as topsoiling, grassing, and tree planting are required to the Leslie Drive
(show as Resort Drive) frontage of the site in accordance with Planning Scheme Policy PSPO3
Landscaping Plants & Guidelines. Grass shall be couch, free of weeds.
43. A new 2.0m wide concrete path connecting the resort to the pathway on the opposite side of the road
shall be constructed as shown on in accordance with Council's design standards and to an alignment that
protects any significant vegetation or any underground services. A pram ramp shall be installed where
the pathway crosses the kerb line.
44. All paths, pram ramps, driveways and parking areas shall be designed and constructed to ensure
pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and to be in
accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access
& Mobility.
Undergrounding Power
45. Any connection to the site for power and telecommunications will be underground.
Roof Water & Stormwater Drainage
46. Roof water runoff from any new building should be directed to a rainwater storage systems or tanks that
provide minimum storage of 400,000 litres. Storages and/or tanks shall be installed to ensure water from
the tanks/storages is used for external uses (such as watering gardens, irrigation, ornamental ponds,
water features; topping-up swimming pools, outdoor cleaning, etc) and for use in flushing of toilets internal
to the building. All rainwater tanks are to be designed and installed in accordance with the Queensland
Development Code (QDC), Part 25 - Rainwater Tanks, and shall be part of the plumbing application in
conjunction with the building approval. The location and capacity of the tanks shall be dearly shown on
the plans submitted for Operational Works approval and any overflow shall be directed to the road
frontage/the stormwater drainage system/etc located on Leslie Drive.
47. All stormwater drainage (including roof water overflow from the rainwater storage system) shall be
collected and discharged so there is no net increase in stormwater runoff from the site. Stormwater
drainage permitted to drain from the site shall be discharged generally in accordance with Tate
Professional Engineers Drawing Number C1732105/F/P04 revision H dated 07/06/07.
MG j:ldatawrkstwrkcachel1478732105-1133 ndn.doc
Page 14
NOOSA COUNCIL IDAS Development Application Decision Notice 7 of 15
48. All stormwater drainage shall be collected on site and discharged to the internal lakes (within the Noosa
Springs development) In accordance with previous approvals.
49. Stormwater run-off from the carparking areas and the driveways shall have the first flush (the first 12 mm
of rainfall or hose-down) collected in grease/oil arrestors (or similar devices) provided on site to ensure
that polluted run-off such as oil and grease are separated from the main body of stormwater and do not
enter the internal lakes of the Noosa springs Golf Course.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single
underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors, which
shall be submitted to the Council for approval prior to obtaining a Development Permit for Operational
Works.
The approved maintenance plan shall be continued to be complied with for the duration of the approved
Use.
50. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
51. The site shall be connected to Council's existing sewerage reticulation systems and be constructed in
accordance with Council's standards and requirements at no cost to Council.
52. All internal reticulation sewers as indicated on Tate Professional Engineers Dwg C1732/05/F-PO5
Revision G dated 07/06/07 are to be designed and constructed in accordance with Planning Scheme
Policy 6, Engineering Design Standards - Water & Sewerage.
53. Internal Reticulation Sewers are to discharge to existing manholes NH17/41/05 and NH17/11/19. Where
a sewer outlet traverses a separately titled Precinct E2, it shall be designed as a Council-owned sewer
and be constructed in accordance with NSC requirements and contained in a registered easement in
favour of Noosa Shire Council.
Town Water Supply
54. The site shall be connected to Council's existing town water supply and be constructed in accordance with
Council's standards and requirements at no cost to Council.
55. All internal private water reticulation mains as indicated on Tate Professional Engineers Drawing
C1732/05/F-PO5 Revision G dated 07/06/07 are to be designed and constructed in accordance with
Planning Scheme Policy 6, Engineering Design Standards - Water & Sewerage.
56. A single water metered connection must be located outside the property boundary and in an easily
assessable location to facilitate unhindered reading by Council and/or Council's contracted water meter
readers, and not behind fences or locked gates. In this regard approval of the water meter configuration
and location must be obtained from Council's Water & Sewerage Capital Works Manager prior to
lodgement and approval of hydraulic drawings.
57. The applicant is advised that this development may require the provision of fire hydrants and a booster
pump in accordance with the Building Code of Australia, and consultation may also be needed with
Queensland Fire Services to ensure suitable fire fighting infrastructure is provided. To this end any
necessary fire hydrants shall be clearly shown on the plans submitted for any Operational Works approval
and if a booster pump is deemed necessary, the plans shall indicate where the fire truck is to be
accommodated in order to provide boosting to the water supply.
Service Easements (Sewer / Stormwater)
58. A registered easement shall be created over the zone of influence of any sewer that traverses another
parcel. The easement shall generally be parallel to and centred over the sewer main and be equivalent in
width to twice the depth to invert level of the sewer at the deepest point within the allotment (measured
from the finished surface) and be no less than 3.0m wide overall. In this regard a licensed surveyor shall
accurately locate all sewer mains and determine the necessary width of the easement, which shall be
shown on any plans submitted for Operational Works / Building Works approval. To this extent the
surveyor shall certify that the sewer and the zone of influence is wholly contained within the easement to
be created.
In addition to this the Applicant's Solicitor shall give Council's Solicitor an appropriate undertaking in
writing that the Title Deed and the easement documents will be lodged at the Land Titles Office and any
additional Titles Office forms or requisitions requiring the consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the use
commencing.
Any changes required by Council's Solicitor must be corrected immediately.
MG j'tdatawrkslwrkcache11478732105-1133 ndn.doc
Page 15
NOOSA COUNCIL IDAS Development Application Decision Notice 8 of 15
59. A registered easement shall be created over any stormwater drainage pipes or pits within the site that
collects stormwater from a Council road.
60. No building or other structure shall be constructed or encroach over an easement.
Earthworks & Site Stability
61. Earthworks carried out on site shall not affect the structural integrity of any of the existing land or
structures that border the development site. To this end all works shall be undertaken in accordance with
the recommendations of a Geotechnical Engineer or similar qualified expert which identifies suitable
building foundations and any measures that may be required to protect the stability of adjoining buildings
if Precinct E2 has been constructed and/or structures and/or land
Acid Sulfate Soils
62. As the site is located below the 20m AHD and above the 5m AHD, any excavation works consisting of
1OOm3 or greater which extends below 5m AHD will need to be carried out in accordance with State
Planning Policy 2/02 Planning and Managing Development Involving Acid Sulfate Soils. In this regard
appropriate testing and supporting documentation prepared by a suitably qualified specialist shall be
submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
Erosion and Sediment Control
63. Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site
control measures such as silt fencing, controlled gravel access to the site and controlled disposal of
waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted
to the Council for approval prior to obtaining a Development Permit for Operational Works.
Contributions Towards Council Infrastructure
64. Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading
various infrastructure at the rates applicable at the time of payment. An estimate only of the contribution
amounts under the current Council policies and requirements is outlined in the table below:
Contribution Required For., Amount:
PSP16 - Sewerage Headworks Contributions $142,959
PSP17 -Water Supply Headworks Contributions $456,837
PSP20 - Pathway Trunk Network Contributions $65,473
TOTAL Contribution Amount = $665,269
Please note, that these amounts are all subiect to variations In the Consumer Price Index, All Groups Brisbane
from June 2007 until the date of payment.
All contributions must be paid prior to the issue of a Development Permit for Operational Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the contributions
not be paid at the due time, Council shall call upon the trading bank guarantee in full.
Processing of bonds for security where specific Council approval has been given for the bonding of
contributions will incur an administration fee in accordance with Council's Land Development Commercial
& Regulatory Fees at the time of lodgement.
65. In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled,
the trading bank guarantee will be returned.
General
66. A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
specifications for all engineering works that will become Council infrastructure, which shall be submitted in
conjunction with an application for a Development Permit for Operational Works. In this regard a
DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction
with any application for Operational Works.
67. Any damage caused to any public utility during the course of construction shall be repaired to Council's
standards and at no cost to Council.
68. Any alteration of any public utility or other facilities necessitated by the development of the land or
associated construction works external to the site shall be at no cost to Council.
MG j:ldatawrks%wrkcache11478732%05-1133 ndn.doc
Page 16
NOOSA COUNCIL IDAS Development Application Decision Notice 9 of 15
69. All contractors responsible for the transportation of all materials to and from the site for construction
purposes shall be undertaken in a manner such that no particle matter escapes onto a public road. All
vehicles carrying materials related to construction operations, either to or from the site shall be covered to
prevent materials including dust being windblown from the vehicle
Environmental Health
70. Waste Disposal shall comply in general with the Precinct F Operational Waste Management Plan dated
September 2006.
71. The developer must provide waste storage and disposal facilities in accordance with Planning Scheme
Policy No 9 "Waste Management Multi-Dwellings and Commercial and Industrial Premises", including an
external imperviously paved area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties. A roofed waste/bin wash area is required with
a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap and grease arrestor.
72. Adequate and safe access shall be provided to all waste and recycling collection areas for Council's
Waste Contractors as per Tate Professional Engineers drawing C1732 / F/ SK137-3 Revised G.
73. Adequate storage areas shall be provided for all waste and recycling containers for the commercial
component of the site as per drawings by Starco Developments Pty Ltd dated August 2006, No 433 -
WMO3.
74. Street litterbins shall be provided by the applicant throughout the development and serviced by
management staff and at their expense.
75. A provision for temporary turning for waste vehicles shall be provided should precinct E2 be developed
before F or visa versa (as per additional information supplied in letter dated 12 June 2007).
76. Further details are required prior to operational works approval detailing the construction waste
management plan and method for onsite separation, treatment and storage.
77. Refuse chutes must be provided in accordance with Council's Policy for "Refuse Chutes and Accessories
in Multi Storey Buildings".
78. Where any food premises is included In a development, the following is required:
78.1. Plans and application is to be made to Council's Environmental Health Section for approval prior to
any building approval, fitting out or use of the premises.
78.2. A statement indicating the purpose of the food premises, type of food sold, proposed menu and
maximum number of patrons at any time, is to accompany the application for plan approval.
78.3. Construction and use of the food premises should comply with Council's Food Premises Policy and
the Food Safety Standards. (Both available from Council)
78.4. Toilets for customers and staff to be provided in accordance with Building Code of Australia.
Obtain advice from a building certifier on numbers and standards, including disable access.
78.5. Plans and approval is required for any mechanical exhaust ventilation system, which should
comply with AS1668. A certificate from the installer certifying the system complies with the
Standard must be obtained and lodged with Council prior to commencement of trade.
78.6. Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must obtain a Food
License from Council, prior to use of those premises.
79. The development must be undertaken and operated in a manner that does not cause any nuisance to the
amenity of other landholders and residents in the neighbourhood by reason of the creation of excessive
noise, lighting or other emissions in accordance with the nuisance provisions of the Environmental
Protection Regulation 1998 or Council's Local Law No. 12 - Control of Nuisances.
80. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement,
concrete, builder's waste or rubbish should not be permitted to enter or be placed where it could
reasonably be expected to move into a roadside gutter, storm water drain or a watercourse. On the spot
fines apply for such offences.
MG j.ldatawrkstwrkcache11478732t05-1133 ndn.doc
Page 17
NOOSA COUNCIL IDAS Development Application Decision Notice 10 of 15
81. Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool pumps etc)
shall comply with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise in accordance
with Council's Local Law No. 12 - Control of Nuisances. Infringement Notices (on-the-spot fines) may
apply for offences.
A person must not use equipment on any day If it makes or causes noise to be made -
From 10pm to 7am: Not more than the higher of either -
• 40 dB(A)
• 3 dB(A) above the background noise level
• No audible noise for pool pumps apply during these hours.
From 7am to 7pm: More than the lower of either -
• 50 dB(A)
• 5 dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
82. Submission of written certification from a suitably qualified person confirming that the noise levels from all
mechanical equipment complies with the requirements of Noosa Council Local Law No. 12 - Control of
Nuisances and the requirements of the Environmental Protection Regulation 1998.
The assessment and certification is required immediately after installation of the equipment and prior to
any occupation of the building, and in a format approved by Council. This assessment must take into
account noise from any other fixed equipment on the property e.g. swimming pool pump, heating/cooling
equipment, etc that may increase the overall noise level emitted.
Advice: It is highly recommended that the person you engage to certify the installation is involved at the
plan development stage so they can recommend where this equipment is best located. They can also
advise about noise enclosures and can make other suggestions to avoid noise problems. It is a lot more
costly to try and deal with noise problems after everything is built
83. The development shall comply with the noise management strategies contained in the report prepared by
Ron Rumble Pty Ltd and dated November 2006, with the following additional details to be provided prior to
issue of Operational Works to the reasonable satisfaction of Manger, Environmental Heafth:-
83.1. The necessary and appropriate noise control measures incorporated Into the facade of the
apartments and within the restaurant. These measures should include:
83.1.1. Upgraded glazing and air-conditioning to the potentially affected apartments, and which
apartments;
83.1.2. Strategically placed wing walls on balconies to screen the apartment and balconies from
alfresco dining areas;
83.1.3.. The possibility of a roof over the outdoor dining area with absorption to the underside
should be explored;
83.1.4. Revised hours of operation to no later than midnight;
83.2. Formulate and implement a Noise Management Plan to deal with noise emissions from the
premises including patron noise.
83.3. Prospective purchasers of the apartments to be advised of the noise control features, which have
been incorporated into the design of the apartments and the hours of operation of the adjacent
restaurant.
83.4. The Noise Management Plan referred to in Condition 82.1.4 shall be incorporated in perpetuity In
the By-Laws of the Body Corp for the building.
MG j:tdatawrkstwrkcache11478732105-1133 ndn.doc
Page 18
NOOSA COUNCIL IDAS Development Application Decision Notice 11 of 15
83.5. The Noise Management Plan shall include a process for dealing with complaints and specify that
the Restaurant Manager and Body Corp Manager be responsible for dealing with any noise
complaints.
84. The location and noise attenuation for all plant and equipment is to comply with the requirement of the
Environmental Protection (Noise) Policy and Noosa Council's Local Law No 12 Control of Nuisances.
85. On completion of the development, a certificate by an appropriately qualified acoustic consultant shall be
submitted to Council demonstrating that the development complies with the above conditions.
86. No specific waste collection times can be conditioned. Waste collection will be in accordance with the
current waste contractors at that time.
87. All liquid waste produced by the commercial section of the development is "Trade Waste" and is to be
treated as required under the Noosa Trade Waste Policy prior to release to the sewer.
88. The hydraulic drawings are to show all the Trade Waste requirements in accordance with the Noosa
Trade Waste Policy. NB: A Trade Waste Permit must cover all types of Trade Waste discharged.
89. A Trade Waste Application must be submitted prior to the issue of a Development Permit for Building
Works.
90. A completed Trade Waste application showing the Trade Waste requirements in accordance with the
Noosa Trade Waste Policy are to be submitted to Council together with an applicable fee and two (2) sets
of professionally drawn plans.
91. Trade Waste requirements are to be in place, inspected and approved prior to the commencement of
trading or operation. The appropriate Trade Waste Permits will be issued following approval at final
inspection.
Specific requirements
92. Unobstructed access is to be provided to each grease arrestor and/or pre-treatment device for cleaning
and servicing. Where access Is restricted, a pump out line is required.
93. A place of food preparation and/or cooking is to have the liquid waste connected to a Trade Waste line,
that discharges to an approved grease arrestor of a size determined by Council's Trade Waste Policy.
94. The floor of the bin wash area is to fall to a bucket trap with the waste pre-treated by a grease arrestor
prior to discharge to the sewer and also an appropriate backflow prevention devise is to be installed.
Rainwater is to be excluded from the bin wash area and if in excess of 700mm x700mm (max 0.5m2) it is
to be roofed.
95. All waste water from any carwash areas shall be directed to Council's sewer via trade waste interceptor.
Should a charge be levied on the residents under Noosa Council Trade Waste Environmental Plan,
carwash facilities will be charged 90% of all metered water to the premises.
MG j:tdatawrkslwrkcache11478732105-1133 ndn.doc
Page 19
NOOSA COUNCIL IDAS Development Application Decision Notice 12 of 15
NOOSA Local Laws, Policies & State
COUNCIL Regulation Requirements
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM
CONDITIONS OF APPROVAL
1. The applicant is advised that development contributions and infrastructure charges applicable to this
development approval have been based on the following Uses Class/ Uses and applicable quantities:-
Existing Development Approved Development
Existing Use Class / Approved Use Class I
Existing Quantity Approved Quantity
Use Use
48 x 1 Bedroom Units
Visitor Accommodation -
87 x 2 Bedroom Units
Type 4 - Conventional
20 x 3 Bedroom Units
Commercial Business -
363 m2 Use Area
Type 1 - Office
1 Lot & Dwelling Entertainment & Dining
(Refer to contributions Business - Type 1 -
Detached House 420 m2 Use Area
paid under 22980 DA Food & Beverage
Lot Reconfiguration) (Restaurant)
Entertainment & Dinning
Business - Type 1 -
430 m2 Use Area
Food & Beverage
(Function rooms)
Retail Business - Type 2
101 m2 Use Area
- Shop
2. The applicant is informed that approval of this development application will trigger an Infrastructure
Charge In accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated
amount of $565,958 and is subject to variations in the Consumer Price Index, All Groups Brisbane from
June 2007 until the date of payment. An Infrastructure Charge Notice will be issued in accordance with
Chapter 5 of the Integrated Planning Act 1997.
3. The applicant is informed that payment via credit card transaction will not be an acceptable method of
payment for development contributions conditioned in this permit or for infrastructure charge notices
issued separately.
4. The applicant is advised that a Compliance Permit for all plumbing and drainage works within the
boundaries of the development site shall be obtained from Council's Plumbing Services Section prior to
obtaining a Development Permit for Building Works.
5. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of
operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In
accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the
Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the
requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational
works must be submitted to Council with the lodgement of any application for operational works over the
site.
6. The plans for the proposed building work have not been assessed for compliance with the requirements of
the Building Code of Australia as they relate to people with disabilities. Your attention is drawn to the
matter that either or both the Disability Discrimination Act 1992 (Commonwealth) and the Anti-
Discrimination Act 1991 (Queensland) may impact on the proposed building work.
MG j:ldatawrkskwrkcache11478732105-1133 ndn.doc
Page 20
NOOSA COUNCIL IDAS Development Application Decision Notice 13 of 15
Noosa Council recommends that the following matters be considered to address equitable access and
facilities in the building:
a) The building and environs should be designed to meet the requirements of the Human Rights and
Equal Opportunity Commission "Advisory Notes on Access to Premises" and AS1428.2;
b) Applicants should be aware that a "Disability Standard on Access to Premises is being developed
and most likely will result in changes to the Building Code of Australia;
c) Any services and facilities in the building complex must allow independent, dignified and equitable
use of the services and facilities for all people.
7. This proposal has not been assessed in relation to the spread of fire between properties / buildings. It is
the building certifiers responsibility to assess the requirements for fire separation and appropriate
methods of construction as part of the building works approval process. Referral to the Queensland Fire
and Rescue Service (QFRS) may be required as part of the Building Approval process.
8. Fencing to the swimming pool must comply with the Queensland Building Act 1975 Part 3 (as amended)
and Part 5 of Standard Building Regulation 1993 in all respects. Direct access from the dwelling to the
pool enclosure is not permitted.
9. Class 2 or 3 building in a designated bushfire prone area must comply with AS 3959.
10. Energy Efficiency requirements were introduced in the Building Code of Australia for Class 2, 3 and Class
4 parts of buildings from the 1 May 2005. The energy efficiency requirements do not apply to all
previously constructed Class 2, 3 and Class 4 building parts prior to 1 May 2005 or substantially designed
prior to the 1 May 2005.
MG j.Watawrkslwrkcache11478732105-1133 ndn.doc
Page 21
NOOSA COUNCIL IDAS Development Application Decision Notice 14 of 15
•• Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
The following is an extract from the Integrated (6) If an application involves assessment against
Planning Act (Chapter 4). a concurrence agency code, appeal rights for
submitters for the application are not available
Division 8 - Appeals to court relating to against the part of the approval that represents the
development applications concurrence agency's response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of
may appeal to the court against any of the following- its jurisdiction, appeal to the court about the giving of
(a) the refusal, or the refusal in part, of a a development approval for a development
development application; application if-
(b) a matter stated in a development approval, (a) the development application involves impact
including any condition applying to the assessment; and
development, and the identification of a code (b) the advice agency told the applicant and the
under section 3.1.6;' assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a currency period; days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must Appeals for matters arising after approval given
be started within 20 business days (the "applicant's (co-respondents)
appeal period") after the day the decision notice or
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of
(3) An appeal under subsection (1)(e) may be the following notices have been given may appeal to
started at any time after the last day a decision on the the court against the decision in the notice-
matter should have been made.
(a) a notice giving a decision on a request for
Appeals by submitters extension of the currency period for an approval;
4.1.28.(1) A submitter for a development application (b) a notice giving a decision on a request to make a
may appeal to the court about- minor change to an approval.
(a) the giving of a development approval, including (2) The appeal must be started within 20 business
any conditions (or lack of conditions) or other days after the day the notice of the decision is given
provisions of the approval; or to the person.
(b) the length of a currency period for the approval. (3) Subsection (1)(a) does not apply if the
approval resulted from a development application
(2) The appeal must be started within 20 business (superseded planning scheme) that was assessed as
days (the "submitters appeal period") after the day if it were an application under a superseded planning
the decision notice or negotiated decision notice is scheme.
given to the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be
(4) If an application involves both impact started at any time after the last day the decision on
assessment and code assessment, appeal rights for the matter should have been made.
submitters are available only for the part of the
application involving impact assessment. Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the (no co-respondents)
application are available only for the aspects of the
4.1.31.(1) A person to whom any of the following
development that would have required public
notification under the repealed Act. notices have been given may appeal to the court
against the decision in the notice-
(a) a notice giving a decision on a request to change
or cancel a condition of a development approval.
1
Section 3.1.8 (Preliminary approval may override local planning
instrument)
MG j:ldatawrkslwrkcache11478732105-1133 ndn.doc
Page 22
NOOSA COUNCIL IDAS Development Application Decision Notice 15 of 15
(b) a notice under section 6.1.442 giving a decision to
change or cancel a condition of a development
approval.
(2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
(3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.
(4) An appeal under subsection (3) may be
started at any time after the last day the decision on
the matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.
(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
2 Section 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency In certain
circumstances)
MG j:ldatawrkslwrkceche11 4 78 73 2105-1 133 ndn.doc
Page 23
SIGNATUnKC^4.W....
DATE:...,.. 3.. 9.
NOOSA SPRINGS
Proposed Development
of Precinct F
MASTER PLAN
Resort Dr.. Nana Mead
NOOSA SPRINGS ky
RESORT Sterco Developments Pty Ltd
AMhftd
AYn 9Yrlgr $ Aaoc stes
9c@*: 120M Des .Ms?wr
Dwg No: 433 - SK01 B .
Page 24
NOOSA SH!RR COINCP
PLANS AFPRO'v'ri.
SIGNATCRF:.. K^• ••
DATE........3 -. %t..o7....
NOOSA SPRINGS
lint, Drlee, Me.,. He.d.
0even,len^
Proposed Development
of Precinct F
Rsson Drive - Noose Heaos
a
AERIAL VIEW Starco Developments Pty Ltd
AMMW
AY a Stwk" & Aasodates
Scale: 11000 Date:.Mme 2007
Dwg No: 433 - SKOZ A
Page 25
L LIFT
Kn MANOEWRRG SPACE- NO PARKING NOOS "Or [NCIL
STORAGE PLA OVED
SIGNATURE: ....ra .........
OPEN PARKS 44 APARTMENT PARKS 235
PMDERCOVER PARKS) 2.. STAFF PARKS b DATE:, ........... 3..5. t........
TOTAL PARKS 300 VISITOR PARKS N
TOTAL PARKS ]OS
DRIVEWAYS
NOOSA SPRINGS
SERVICE DRIVEWAYS
W
Proposed Development
PATHWAYS
of Precinct F
Resort Drive - Noose Heads
for
CAR PARKING - SITE CIRCULATION Starco Developments Pty Ltd
Architect
Alan Starkey & Associates
Scale: 1:1000 Date: June 2007
Dwg No: 433 - SK03 B
Page 26
Lists Drive, Neese Heide
oust esueed
Proposed Development
of Precinct F
Resat Drive - Noose Heads
for
Start Developments Pty Ud
GROUND FLOOR ArChUM
(SHOWING AMENDED CONTOURS Nan Starkey &Msoehtes
PRIOR TO CONSTRUCTION) scat.: 1:1000 Date: Jive 2007
Dwg No: 433 - SK04 B
Page 27
SECTION & SKETCH VIEW
REFERENCE SYMBOLS:
NOOSA 'iRE rl^
SECTION LOCATIONS SHOWN AS
FIR TO OMW WOS SKOIe. SKO 6IVO SKIS KOM SEC-R)
PLAn^^..j
SIGNATPikV 1 , - Is . .
VIEW LOCATIONS SHOWN AS
(EFEN TO DMWINGS SK11 6 SK1a] FOR VEWS DATE: ..............$..SC:.].
NOOSA SPRINGS
Proposed Development
of Precinct F
Rseon Drlve - Noose Heads
tr
FIRST FLOOR Starco Developments Pty Ltd
(SHOWING AMENDED CONTOURS ArCIMSCt
PRIOR TO CONSTRUCTION) Alen Starkey 8 Associates
Scale: 1:1000 Date June 2007
Dwg No: 433 - SK05 B
Page 28
N00"qCOUNCIL
PLA ROVED
SIGNATURE:...... r^Gan^^a.......
DATE: ............. 3. Sr.^^.....
NOOSA SPRINGS
Proposed Development
of Precinct F
Resort Drive - Noose Heads
for
SECOND FLOOR Starco Developments Pty Ltd
(SHOWING AMENDED CONTOURS Architect
PRIOR TO CONSTRUCTION) Alan Starkey & Assodates
Scale: 1:1000 Date: June 2007
Dwg No: 433 - SKO6 B
Page 29
NOOS.4 SH[R_ C1)CNC[L
PLANS APPROVED
SIGNATU `^V (IP
DATE: ...................... Sit. of
NOOSA SPRINGS
u.t.
0.5,.u..I
Proposed Development
of Precinct F
R.w1 D" • Noo.. Hook
ROOF AND LANDSCAPE tw
Smrco Developments Ply LLd
OPEN SPACE PLAN
ArChMM
Alm s .r a AroeJmOn
d1:1000
Sr Dab. J1n. 2007
Dwg No: 433 - SK07 A
Page 30
EXISTING TR HEIGHTS
15 m MIN. SETBACK
VARY FROM RL 5159 APPROX.
VIEW OVER BUILDINGS ------)PRECINCT E2
AT LOWER LEVELSr
12 AEIER BILIINO HEIGHT LIMIT ______ ]I
NOTE
YA^MOR RL 22.00
BUILDINGS IN PRECINCT F SCREENED FROM _
VIEW FROM DISTANT VANTAGE POINTS BY
EXISTING FOREST IN ADJOINING COUNCIL
OWNED PROPERTY BUILDING I
SECTION A
EXISTING TREE HEIGHTS
VARY FROM RL 46 • 59 APPROX. BUILDING N
MIN,
BUILDINGS IN
PRECINCT E2
TOP OF AWN ROOF AAIlIIOm yVK PREVIOUS HOOF LME RL X6.2 _ WYT
RL APPROX. 13.7 -------------.^3 F-tL7J 6lDftANX------^-^^^^-POdH.EIRVDO1rt MRALls ---
-------------- -^+- --------------- ^
VIEW OVER BUILDINGS
AT LOWER LEVELS
6 4E7Eq_BUA-O NEM1rTi
MAX HEIGHT INCLUDING
BIBLE SRYUGIR *I MAMS
1719W-OVER BUILDINGS
AT LOWER L)_VVFELS
f9 27-50r0.IMI HIM FETAM" WALL - - REIGE LRaE MEIGHT 11--
27.2 APPRX
-.--.
^: - CFR T N G Q L 26 DO - _
SECTION B
1 On MOII RIETAP" WIIy
OOSTINO ORCl1D uE
AMENDED BNB(I - 26 5
EXISTING TREE HEIGHTS ^NnnSASHIRECOUNCIL
VARY FROM RL e5 - 59 APPROX. OVED
SIGN ATURE:...KCJOM,%........
DATE: .............3 . ..5^1......
ILL T?^
M1 I^
z
VIEW OVER BUILDINGS
----
AT LOWER LEVELS
RL 34.00 NOOSA SPRINGS
----------------------
R11.31.00
Proposed Development
RL?A.00
of Precinct F
AL 25 00
RBSO1 DAw - Noose Hails
IN
RI. 22 00
Starco Developments Pty Ltd
RL 19.00
RI-1 6 00
INDICATIVE SECTIONS Atd*w
Alen SMIII7 & A.ooalss
BUILDING E REFER TO DRAWING SK06
RL 13.00 Sc.e: 1 SOLI Deb' June 2007
FOR SECTION LOCATIONS
NOTE (SHOWN AS
Dw9 NO: 433 - SK08 B
FLOOR LEVELS BNONRI ARE APPFaVkMTE
ANO MAY BE SUBJECT TO CW WGE DURROEBIGN WMOPMENT BUILDING S
?10 )
Page 31
EXISTING TREE HEIGHTS
VARY FROM RL 34 - 42 APPROX.
RL2500
wueile
AL 2200
L =^ E F0 0 Me ►AMTIOM t
SECTION D SECTION E.
Averoe Neon or pfl,W
-------------------_. --------------------------------------------rsas2r^>r^1^_^s^
1-V- ---- --- Neon
TOP OF MAIN ROOF
RAPPROIC u./ _ _ _ _ _
CETING LINE F L 42.7 APARTMENT APAIffYelf
AP on APAATMeR APARfMM
APARTVOIT A ►ARIMEM MARfYerr
P!;on APA MM fM AR M APMENAPARfMIXf A ► ANRMeIT A► ARTYEM A ► ARfYlM NARRIeff APM T
RL 37.0
APARTMINIT APARTMON MARTYDIr APARTMEW MNT APARTMBIr APARTMerT A ► ARTME1Tr APARrYOrt APARTMENT APARTMIKI A► AWIVIir APARTMENT
RL 34.0 _._ _ _ ____ ^^ e RL 34.0
RL310 •• CAIN MIONO ha H9 RL 31.0
BUILDING B BUILDING C BUILDING D
CROSS SECTION 7-7 NOOSA SHIE COI..'N L
PLANS API'RUVUJ
_--._ RL 33.5 SIGNATURE:... K-C,pnt4......
RL 30_5 _ __
RL 27_5 _AtL27s_
DATE: ..............3S cat .. .
81245 -_- -- RL 24.5 _ _
BUILDING U BUILDING T
NOOSA SPRINGS
SECTION G
CROSS SECTION 8-8 Proposed Development
of Precinct F
NOTE:
FLOOR LEVELS SHOWN ARE APPROXIMATE AND MAY BE Resort Drive - Nooea Heads
SUBJECT TO MINOR CHANGE DURING DESIGN DEVELOPMENT for
INDICATIVE SECTIONS Starco Developments Pty Ltd
NOTE:
REFER TO DRAWING SK05
SECTIONS F (SHOWING BUILDING A)) AND SECTION H (SHOWING BUILDING W) ArtiIMeR
FOR SECTION LOCATIONS
IN PREVIOUS ISSUE DWG 433-SK09A DATED AUGUST =WING SHOWN AS Alan Starkey & A saoda s.
SECTION 1.1 AND SECTION 3-3 ON DWG 433-SK13 DATED JUNE 2007
9
ScMN: 1:500 Date: June 2007
Dwq No: 433 - SK09 B
Page 32
BUILDINGS D, F. G. H, I AND J
TYPICAL APARTMENT BUILDING K
TYPICAL APARTMENT
BUILDING E
TYPICAL APARTMENT
GFA 9eW APRROX
BUILDINGS A, B AND C
TYPICAL APARTMENT
BUILDING L
TYPICAL APARTMENT
GFA 13&n- APRROX NOOSA SHIRE COUNCIL
BUILDINGS VW
u,
^ID
TYPICAL APAR IC
rMfE kf` S APPROVED
GFA77WAPPOMATURE:..... K Lt......
DATE: .......... - 3 St,k..dl.....
0
NOOSA SPRINGS
BUILDINGS T AND U
TYPICAL APARTMENT
BUILDINGS R AND S Proposed Development
TYPICAL APARTMENT
of Precinct F
Raat DAve - Nona P AGO
To
INDICATIVE APARTMENT LAYOUTS Staroo Developments Pty Lta
ArcMted
BUILDINGS M, N, 0 AND P BUILDING Q Alen Starkey & Associates
TYPICAL APARTMENT APARTMENT Date: August 2008
Scale: 1200
Dwg No: 433 - SK10 A
Page 33
VIEW 1
VIEW 2
NOOSA SHIRE CO[ \('ll.
PLANS APPROVED
GNATURE:.....K(
Y,(-Q.14
.a
DATE: ............ A. 10.......
VIEW 3 VIEW 4
♦OOra33 AOOM UOOOI 1DWMOS NI.RA{ S Y. N MOO)
NOOSA SPRINGS
Proposed Development
of Precinct F
Raeort Drrm - Noose Heads
for
PERSPECTIVE SKETCHES Starco Developments Pty Ltd
ArdilW2
REFER TO DRAWING SIf06
FOR VIEW LOCATIONS Alan SWby & Aeeoda(es Pty Lt
scow: Date: April 200:
(SHOWN AS C>)
Dwo No: 433 - SKI I
Page 34
(REVISED SKETCH OF OUILDMO L
LOMNO FROM RECREATION PARKI
v}-
VIEW 7 OSA SHIRE COUNCIL
PLANS APPROVED
SIGNATURE: .....Kc.........
VIEW 6
DATE: .............3.5(P r.. Q^.....
VIEW 10 NOOSA SPRINGS
Ncw mou RESORT oraot au.^G DRAY List, Stir., Noon Hard,
Ta xRE 'Ut RE 3aneu^oNM ul
a Dams Ltnl
Proposed Development
of Precinct F
Resort DriveMr
- Noose Heads
4
PERSPECTIVE SKETCHES Stwco Developments Ply Ltd
REFER TO DRAWING SKOS f. Ara,uea
Alan Starkey & Associates
VIEW 8 FOR-VIEW LOCATIONS
(SHOWN AS O) Scale: Date: June 2007
Dw0 No- 433 - SK12 B
Page 35
I<h
DEVELOPMENT
M A N A G E R S
TOWN PLANNINCJ REPORT
LESLIE DRIVE, NOOA HEADS
PART OF LOT 3 ON SP221524
EXTENSION OF RELEVANT PERIOD
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE
File Number: 10983 February 2011
Sunshintp Coast Suite 1, Corner Surf Road & Gardak St Alexandra Headland Qld 4572
PO Box 6380, Maroochydore BC Qld 4558
p 1 07 5443 2844 f 1 07 5443 7146 w I www.kenhicks.com.au
Page 36
KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 10983 TABLE OF CONTENTS 1.0 Executive Summary ................................................................................................................. 2 2.0 Introduction ............................................................................................................................ 3 3.0 Current Approval ..................................................................................................................... 4 4.0 Planning Scheme Assessment ...................................................................................................5 4.1 Overlays .............................................................................................................................. 6 4.2 Code Assessment ................................................................................................................. 7 4.3 Planning Grounds ..............................................................................................................16 5.0 Conclusion ............................................................................................................................18 Extension To Relevant Period Page 1 Development Permit for Material Change of Use - Multiple Dwelling Units & Associated Facilities Leslie Drive, Noosa Heads (Lot 3 SP221524)
Page 37
KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 10983
1.0 EXECUTIVE SUMMARY
SITE DETAILS
Address Leslie Drive, Noosa Heads
Property Description Part Lot 3 on SP221524
Area 4.262ha
Local Authority Sunshine Coast Regional Council
Registered Owners Starco Holdings Pty Ltd (ACN 057 509 921)
SOUTH EAST QUEENSLAND REGIONAL PLAN
Land Use Designation Urban Footprint
PLANNING SCHEME DESIGNATIONS
Planning Scheme I The Noosa Plan 2006
Locality Noosa Heads
Zone Semi-attached Housing
Biodiversity
Environmental Enhancement Area
Overlays Landslide Hazard Area
Medium Bushfire Hazard Area
Low Potential Acid Sulfate Area 5-50m AHD
APPLICATION DETAILS
Applicant Starco Developments Pty Ltd
Application Type Extension to Relevant Period
2005/1133 - Development Permit for Material Change of Use - 155
Current Approval Multiple Dwelling Units and Associated facilities - Theatre, Restaurant,
Shops & Function Rooms
Concurrence Agencies Department of Environment and Resource Management
Extension To Relevant Period Page 2
Development Permit for Material Change of Use - Multiple Dwelling Units & Associated Facilities
Leslie Drive, Noosa Heads (Lot 3 SP221524)
Page 38
KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 10983 2.0 INTRODUCTION This Town Planning report has been prepared by KHA Development Managers to accompany a request by Starco Developments Pty Ltd for Extension to the Relevant Period in respect of a Development Permit for Material Change of Use (file reference: 2005/1133) over land located at Leslie Drive, Noosa Heads, described as part of Lot 3 on SP221524. The application seeks an extension to the relevant period of the development approval in accordance with Section 383 of the Sustainable Planning Act 2009. The current approval over the site was issued under the Superseded Noosa Planning Scheme. The purpose of this report is to demonstrate the level of compliance with the current Noosa Plan 2006 and provide grounds for approval of the requested extension to the relevant period. It should also be noted that while at the time the previous application was assessed and decided under the Superseded Planning Scheme, the draft Noosa Plan had reached an advanced stage and was also considered in the assessment under the 'Coty Principle', and was supported despite any conflict with the draft planning scheme. The property is situated within the Noosa Heads Locality (Zone Map ZM6), and is zoned as Semi- attached Housing under The Noosa Plan 2006. This report should be read in conjunction with the accompanying covering letter, relevant Sunshine Coast Regional Council application form, original Negotiated Decision Notice and correspondence to the Department of Environment and Natural Resources. Extension To Relevant Period Page 3 Development Permit for Material Change of Use - Multiple Dwelling Units & Associated Facilities Leslie Drive, Noosa Heads (Lot 3 SP221524)
Page 39
KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 10983 3.0 CURRENT APPROVAL The current approval is a Development Permit for Material Change of Use for 155 Multiple Dwelling Units and Associated facilities - Theatre, Restaurant, Shops & Function Rooms in respect of land situated at Leslie Drive, Noosa Heads, described as part of Lot 3 on SP221524. The site is part of Noosa Springs and identified as Precinct F. A summary of the approved development is outlined below: Site area: 4.262ha Gross floor area: 21,980m2 Population Density (site): 356.4 persons Population Density (per hectare): 83.6 persons Site cover (buildings): 31% (13,199m) Hardstand area: 19% (8,200m2) Landscaped area: 50% (21,320m2) The location and context of the subject site in Noosa Heads is illustrated in Figure 1 and Figure 2. Figure 1 - Subject site (PD Online) Figure 2 - Aerial Photo of Subject site (Nearmap.com.au) Extension To Relevant Period Page 4 Development Permit for Material Change of Use - Multiple Dwelling Units & Associated Facilities Leslie Drive, Noosa Heads (Lot 3 SP221524)
Page 40
KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 10983
4.0 PLANNING SCHEME ASSESSMENT
4.1 USE CONTEXT
ZONING
Under the current Noosa Plan 2006, the site is included in the Semi-attached Housing Zone of the
Noosa Heads Locality.
Detached Housing
J Semi-Attached Housing
n Attached Housing
n Vishor Mixed Use
Neighbourhood Centre
13 Business Cer*re
Community Services
Open Space Recreation
n Ooen Space Conservation
Figure 3 - Zoning (PD Online)
LAND USE DEFINITION
The approved use would be defined under The Noosa Plan 2006 as follows:
Visitor Accommodation means accommodation that is designed and predominantly used
for visitors to the Shire and where social, recreational and dining services may be provided
for visitors by owners or staff. The term includes the following types:
Type 4 Conventional Two or more dwelling units or accommodation units, for the purpose
of providing short-term visitor accommodation. The use may include common recreation or
dining facilities and includes an ancillary dwelling unit for onsite manager. The use includes a
guesthouse, visitor hostel, motel, resort and serviced rooms, but does not include Visitor
accommodation Type 1 Home hosted or Type 3 Rural as separately defined.
Entertainment & Dining Business - Type 1 Food & beverages means the use of
premises involving the sale of food and beverages for consumption on the premises. The use
class includes a function room or restaurant or cafe with dining facilities for 10 or more
people.
Entertainment & Dining Business - Type 2 Recreation, amusement & fitness means
the use of premises involving recreation or amusement activities, including cinema, health &
fitness club, gym, sport activity or brothel.
Commercial Business - Type 1 Office means the use of premises for a commercial
business conducted in an office environment. The use includes a bank, professional office,
travel agent, and estate sales office.
Retail Business - Type 2 Shop & Salon means the use of premises for an activity that is
generally found in a shopping complex, strip or centre. The use includes a shop, hairdressing
Extension To Relevant Period Page 5
Development Permit for Material Change of Use - Multiple Dwelling Units & Associated Facilities
Leslie Drive, Noosa Heads (Lot 3 SP221524)
Page 41
KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 10983
salon, appliance repairs, alterations, dry cleaning and a cafe with dining facilities for up to 10
people.
LEVEL OF ASSESSMENT
A current Material Change of Use for uses identified above would be subject to impact assessment,
consistent with the application process of the approved application.
4.2 OVERLAYS
The site is located within a Landslide Hazard Area, Medium Bushfire Hazard Area and Environmental
Enhancement Area as detailed below:
Comment
The subject allotment is affected in part
by the Landslide Hazard Area Overlay.
Moe.. S. -e.dry
Raiial Low
-tl4or Rod M.IWoA
ft.-u. Pb wn ad
A Geotechnical Investigation Report was
Draimp Urea submitted and assessed as part of the
original application and which
demonstrated the suitability of the site
for development purposes. The
development permit is appropriately
conditioned regarding earthworks and
site stability.
The subject allotment is affected by the
• Locality
_ Moo.. Shore Boundary
Bushfire Hazard Area (Medium) Overlay
1 §..ne.,ia
Cd..htl R.d*.y UM and in part the Low Potential Acid Sulfate
_ Wjor Rod M.a.orl
NOWVk .
NOW vWfa
r; in.., Area Overlay.
Sod"
High Pow" Aad Sulfas. Ana FL. AND
A Bushfire Risk Assessment and
Lor P.Iaa.l Ad Sulfa. Ar.. S2 . AID Mitigation Plan was submitted and
assessed as part of the original
application and which recommended
mitigation measures against bushfire risk.
The development permit is appropriately
conditioned to require compliance with
the recommended fire mitigation
measures to ensure bushfire safety.
Extension To Relevant Period Page 6
Development Permit for Material Change of Use - Multiple Dwelling Units & Associated Facilities
Leslie Drive, Noosa Heads (Lot 3 SP221524)
Page 42
KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 10983
The subject allotment is affected in part
I Locelhy - - RNoose Shin Bounds. by the Environmental Enhancement Area
Boundaries
- M jor os'^^lelwork Overlay.
C^ Bounded" t Inset
- Mayor Watercourse s and
Weterhodls. Drainage Llnee
Comprehensive environmental, flora and
Riparian Buffer Ana
fauna assessment reports were submitted
0 Environmental Protection Area
Ernkonnwnal Enhancement Ana
and assessed as part of the original
- Koala HAWN Areas application. The development permit is
appropriately conditioned regarding
landscaping and environmental
enhancement.
4.2 CODE ASSESSMENT
The primary codes applicable to an impact assessable application under The Noosa Plan would be the
Noosa Heads Locality Code, Residential Uses Code, Landscaping Code and Engineering Works Codes.
Of these codes the Specific Outcomes and Probable Solutions for the Noosa Heads Locality and the
Specific Outcomes and Probable Solutions for the Semi-attached Housing Zone are the most
applicable Code considerations in assessment of the proposed extension to relevant period.
NOOSA HEADS LOCALITY CODE
Division 15-Specific Outcomes and Probable Solutions for the Noosa Heads Locality
Specific Outcomes Probable solutions Proposal
9.9 Effects of use
Amenity
01 Uses are located, designed and No solution provided. Complies
operated to avoid significant adverse The proposed development has been
changes to the light, air quality, noise, specifically designed for the co-location
accessibility, or other conditions enjoyed of uses so as not to disturb the amenity
by users of associated, adjoining or of any users of associated, adjoining or
nearby uses. nearby uses. The development is
separated from established uses within
the resort by Resort Drive road reserve.
Major road network
02 The visual amenity and character No solution provided. Not Applicable
surrounding the major road network, The subject site does not front any of
including Sunshine Beach Road (David the listed'major roads'.
Low Way), Eenie Creek Road, Noosa
Drive and Noosa Parade, is protected
and enhances the entrances to Noosa
Heads through-
a) retaining and enhancing the visual
and physical separation of Noosa Heads
from neighbouring localities;
b) ensuring future development does
not encroach upon existing vegetation
within the road reserve; and
c) utilising dense landscaping and earth
mounding (rather than fencing and
walls) for visual screening and noise
attenuation;
Extension To Relevant Period Page 7
Development Permit for Material Change of Use - Multiple Dwelling Units & Associated Facilities
Leslie Drive, Noosa Heads (Lot 3 SP221524)
Page 43
KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 10983
Specific Outcomes Proposal
AND
03 Development generates traffic Complies
demands that are consistent with the Traffic impacts of the proposed
future capacity of the road network. development were assessed as part of
the original application and
demonstrated to be consistent with the
future capacity of the road network.
Scenic vistas
04 Aesthetic and cultural values of the No solution provided. Complies
natural landscape are maintained The proposed development will not
through protecting important scenic impact any important scenic vistas. This
vistas- was demonstrated in the Visual
a) from the streets, beaches and other Assessment Report undertaken with the
public spaces; original application.
b) to the ocean, river, coastal lowlands
and the vegetated backdrop of Noosa
Hill;
c) within Little Cove- vistas over Laguna
Bay and to the Noosa National Park and
the vegetation stands, part of the hills
and sand dunes;
d) within Cooloola and Weyba Park
Estates- the scenic view of Noosa
National Park and Weyba Creek; and
e) within Noosa Sound- vistas across
Noosa River.
Mobile business uses
05 Business Uses located within the No solution provided. Not Applicable
road reserve or on the beach
(particularly in the vicinity of Hastings
Street, Noosa Main Beach and Noosa
National Park) offer goods and services
that directly benefit visitors and
complement the range of visitor
experiences available in the locality,
such as mobile food vendors and learn
to surf classes.
Density
06 The density of development within No solution provided. Complies
the site area- The development is located within the
a) is compatible with surrounding Semi-attached Housing Zone and is
development; compatible with surrounding
b) does not exceed- development within Noosa Springs. The
i. for the Semi-Attached Housing Zone: approved development achieves a
A. for sites between 500m2 and 599m2 density of 83.6 persons per hectare, less
inclusive - 4.8 persons; than the maximum allowable 100
B. for sites 600m2 or more - 6.6 persons per hectare.
persons or 100 persons per hectare
whichever is the higher;
ii. for the Attached Housing Zone-a
maximum population density of 160
persons per hectare, with the following
exceptions:-
A. Lot 603 on SP188270 in Serenity
Close, where the allowable population
density is 250 persons per hectare B.
Lot 889 SP203086 being the Viridian
Noosa Resort in Viewland Drive where
the allowable population density is 100
persons per hectare;
iii. Business Centre Zone-a maximum
population density of 100 persons per
hectare; and
iv. Visitor Mixed Use Zone-a maximum
population density of 280 persons per
hectare; and
v. for the Community Services Zone
maximum population density of 320
persons per hectare exclusively for the
purposes of Residential Aged Care and
Extension To Relevant Period Page 8
Development Permit for Material Change of Use - Multiple Dwelling Units & Associated Facilities
Leslie Drive, Noosa Heads (Lot 3 SP221524)
Page 44
KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 10983
Specific Outcomes Proposal
160 persons per hectare for any other
form of Retirement & Special Needs
Housing; and
c) has a low site impact to enhance the
opportunity to maintain natural site
characteristics, induding native
getation and natural landforms.
Height
07 Buildings and other structures- S7.1 Buildings and other structures Does Not Comply (also refer section
a) present a building height consistent have a maximum building height of- 4.3)
with structures on adjoining and a) for the Business Centre Zone-12m; or The development is located within the
surrounding land; b) for the Visitor Mixed Use Zone- Semi-attached Housing Zone and has a
b) do not exceed a maximum building i. Northern side of Hastings Street- maximum building height of 3 storeys
height of--4 For the Business Centre A. within 7m of the Hastings St and 12m.
Zone- 3 storeys; or alignment - 6m;
ii For the Visitor Mixed Use Zone- A. B. balance area of site - 15m with a While the proposed development does
Northern side of Hastings Street- 12m presentation to the not satisfy part b) of the performance
• within 7m of the Hastings St beach; or criteria it does comply with the other
alignment - 2 storeys, or ii. Southern side of Hastings Street- parts of the criterion.
• balance area of site - 4 storeys with A. within 10m of the Hastings St or
a 3 storey presentation to the Noosa Drive alignments - 6m; The height of the proposed development
beach; or B. balance area of site - 15m; or is in keeping with the height of the
B. Southern side of Hastings Street- c) for Attached Housing Zone-12m with mature vegetation that is to be kept on
• within 10m of the Hastings St; or the exception of Lot 603 on SP188270 in the site. All buildings will be located at
Noosa Drive alignments - 2 storeys, Serenity Close, where a maximum least 15m from the rear property
or height of 15m is permitted; or boundary keeping the built form off the
• balance area of site - 4 storeys, or d) for any other zone- 8m; ridge line, while maintaining and
iii For Attached Housing Zone - 3 enhancing the vegetation buffer along
storeys with the exception of Lot 603 on the ridge line itself. Further mature
SP188270 in Serenity Close, where a vegetation is to be integrated
maximum height of 4 storeys is throughout the development to reduce
permitted; or its impact.
iv For any other zone- 2 storeys,
c) do not visually dominate the street or The built form generally responds to the
surrounding spaces; topography of the disturbed site being
d) preserve the amenity of surrounding previously quarried and the retention of
land; the vegetated ridgeline. The proposed
e) respect the scale of surrounding height of the building will not adversely
vegetation; impact upon the visual amenity of the
f) respond to the topography of the site surrounding areas. Thus is supported
by minimising cut and fill (eg. stepping by the original application assessment
down the site or using a suspended pole and approval including the Visual
construction); and Assessment Report prepared Chenoweth
g) maintain a mature vegetated skyline. Environmental Planning and Landscape
Architecture, ridgeline tree survey, sites
inspections and conditions of approval. _
Setbacks
08 Buildings and other structures are S8.1 Buildings and structures comply Complies
appropriately designed and sited to- with the minimum setbacks identified in The development is located within the
a) provide amenity for users of the Schedule 1 - Minimum Boundary Semi-attached Housing Zone. The
premises as well as preserve the visual Setbacks. buildings are set back 15m from the rear
and acoustic amenity of adjoining and boundary, 6m from the frontage and
nearby properties; greater than 3m for the side setbacks.
b) provide adequate distance from
adjoining land uses
c) preserve any existing vegetation that
will buffer the proposed building;
d) allow for landscaping to be provided
between buildings;
e) maintain the visual continuity and
pattern of buildings and landscape
elements within the street;
f) protect public safety and property
within erosion prone areas by ensuring
such areas are maintained largely free
of development;
and
g) help protect the natural character and
visual amenity of coastal areas and
watercourses.
Extension To Relevant Period Page 9
Development Permit for Material Change of Use - Multiple Dwelling Units & Associated Facilities
Leslie Drive, Noosa Heads (Lot 3 SP221524)
Page 45
KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 10983
Specific Outcomes Proposal
Site cover, gross floor area and plot
ratio
09 The site cover, gross floor area and No solution provided. Complies
plot ratio of buildings and other roofed Site cover and gross floor area/plot ratio
structures- were assessed as part of the original
a) results in a building scale that is application and were considered
compatible with surrounding appropriate and that time and
development; compatible with surrounding
b) does not present an appearance of development. The development will not
excessive bulk to adjacent properties, present an appearance of excessive bulk
roads or other areas in the vicinity of the to adjacent properties, roads or other
site; areas in the vicinity; allows for
c) maximises the retention of existing appropriate retention of existing
vegetation and allows for soft vegetation soft landscaping between
landscaping between buildings; buildings; adequate area at ground level
d) allows for adequate area at ground for outdoor recreation, entertainment,
level for outdoor recreation, clothes drying and other site facilities;
entertainment, clothes drying and other and provides for onsite stormwater
site facilities, and management and vehicular access.
e) facilitates onsite stormwater
management and vehicular access.
010 Site cover-
a) for a class 1 or class 10a structure Complies
within the Detached Housing Zone, does Approved site cover is 13,199m2 or
not exceed- 31%, less than the maximum allowable
i for a single storey building - 50%; or 40%.
ii for a building of 2 or more storeys -
50% on the ground floor and 30% for
the upper storey(s), or 40% for all
storeys for a building of 2 or more
storeys;
b) for other classes within the Detached
House Zone does not exceed 40%;
c) for the Semi-Attached Housing Zone
does not exceed 40%;
d) for the Attached Housing Zone does
not exceed 40%; or
e) for the Visitor Mixed Use Zone does
not exceed 45%;
011 For Multiple housing Type 2, Not Applicable
buildings have a maximum plot ratio of
0.45:1.
012 For Multiple housing Type 3 or Does Not Comply (also refer section
4, Visitor accommodation 4.3)
Type 4 and the accommodation unit The total approved gross floor area is
component of an Entertainment and 21,980m2. However, the gross floor area
dining business Type 3 (hotel)-the of the Visitor Accommodation
maximum a gross floor area is component is 19,100m2. The allowable
equivalent to the maximum allowable gross floor area for this residential
population in persons multiplied by component of the Resort Hotel is
40m2. 17,048m2. This means that the proposal
exceeds the gross floor area component
by approximately 2,052m2. This is
discussed further below.
013 For the Visitor Mixed Use Zone the Not Applicable
maximum gross floor area is equivalent
to the maximum allowable population in
persons multiplied by 40m2, provided
that gross floor area does not exceed a
total of 13,600m2.
014 For the Neighbourhood Centre Not Applicable
Zone and the Business Centre Zone, the
maximum plot ratio does not exceed -
a) 0.8:1 for the first 2,000m2 of site
area; plus
b) 0.3:1 for the balance of the site area
in excess of 2,000m2.
Extension To Relevant Period Page 10
Development Permit for Material Change of Use - Multiple Dwelling Units & Associated Facilities
Leslie Drive, Noosa Heads (Lot 3 SP221524)
Page 46
KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 10983
Specific Outcomes Proposal
Roof form
015 Roof forms- S15.1 The main roof of the building has Complies - Alternative Solution
a) contribute positively to the local a roof pitch no less than 5 degrees and The roof forms are varied in pitch,
skyline; has minimum 600mm eaves to at least shape, height, scale and eaves extent.
b) complement the character of the 75% of the perimeter of the building; The roof forms will contribute positively
locality; to the local skyline and will complement
c) use soft and articulated, pitched, AND the existing character of Noosa Springs.
skillion or curved roof forms;
d) avoid low pitched (eg. less than 5
degrees) or box profiles/parapets; and 515.2 Buildings and structures do not Complies
e) do not create opportunities for indude roof top terraces. No roof top terraces are proposed.
residents to overlook the private open
space areas of neighbouring properties.
Flooding and drainage
016 Buildings and other works are S16.1 For new buildings or structures or Not Applicable
designed and sited to- additions of more than 50m2 gross floor No Minimum floor level is specified for
a) provide flood free access to premises area to an existing building or structure, the site.
and flood free habitable areas; floor levels for habitable rooms are not
b) allow only minor, short term and less than the specified minimum floor
infrequent flooding of non-habitable levels;
areas;
c) ensure carparking areas can be AND
adequately drained;
d) ensure drainage does not adversely 516.2 Where Council infrastructure is Complies
impact upon other premises; and available- The development has demonstrated that
e) ensure filling or excavation does not a) any drainage (from buildings and it has capacity to accept additional
adversely impact upon other premises land) flows to that infrastructure; and drainage flows.
by- b) the infrastructure has the capacity to
i. causing ponding of water on the site accept any additional loading.
or nearby land;
ii. increasing flooding, which adversely AND
affects the safety or use of any land
upstream and downstream; and 516.3 For Residential Uses- Complies
iii. adversely affecting the flow of water a) where slab on ground construction is The development will indude both slab
in any overland flow path. used, filling does not extend more than on ground and suspended floor
lm beyond the building footprint and construction appropriate to the sites
access to car parking areas, measured existing landform.
from the outer walls of the building ; or
b) the design consists of a suspended
floor construction;
AND
516.4 Car parking and maneuvering Complies
areas are constructed at a level that Car parking and maneuvering areas will
permits the parking area to drain from be constructed at a level that permits
the site by gravity means, without the gravity draining.
need for mechanical pumping; or
516.5 Basements for residential uses Complies
have flood immunity above the Q100 Basements will have flood immunity
where alternative means to mechanical above the Q100 without the need for
pumping are used to achieve such mechanical pumping.
immunity; or
516.6 Basements for non-residential Complies
uses have flood immunity above the Basements will have flood immunity
Q100 that may be achieved by means of above the Q100 without the need for
mechanical pumping where the mechanical pumping.
mechanical feature is installed with
adequate holding tanks and an
alternative back up power source.
Sloping sites and ridgelines
017 Development on sloping sites- 517.1 Buildings and associated access Complies - Alternative Solution
a) is responsive to the natural ways are not constructed on land with a Development will be responsive to the
topography of the site and minimises cut slope greater than 1 in 4 (25%); natural topography of the site and will
and fill; minimise cut and fill.
b) does not visually dominate the hill AND
slope or interrupt the skyline;
c) is integrated with the natural site 517.2 Buildings are of split level design Complies
Characteristids indnding veqotation; and that step down the slope or have a Buildings are of a split level design
d 1for Multiple housing, takes the suspend d floor construction; which step down the slope.
Extension To Relevant Period Page 11
Development Permit for Material Change of Use - Multiple Dwelling Units & Associated Facilities
Leslie Drive, Noosa Heads (Lot 3 SP221524)
Page 47
KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 10983
Specific • Probable Proposal
form of small separate buildings;
AND AND
517.3 Cut or fill is less than 2m in Complies - Alternative Solution
depth; Where cut or fill exceeds 2m in depth,
appropriate geotechnical certification will
AND be undertaken.
517.4 The distance between the ground Complies
and the lowest part of the floor of the The distance between the ground and
building does not exceed 3m to avoid the floor of the building will not exceed
large under building areas; 3m.
AND
517.5 Buildings do not present more Complies - Alternative Solution
storeys than is allowed in the relevant The approved development has a
zone. maximum building height of 3 storeys
and 12m. The development is
responsive to the natural topography of
the site and will minimise cut and fill;
will not visually dominate the hill slope
or interrupt the skyline; is integrated
with the natural site characteristics
including vegetation; and takes the form
of small separate buildings.
018 On steep slopes or ridgelines which 518.1 No solution provided Not Applicable
are visible from the major road network, The Visual Assessment Report
areas of public open space, the Noosa undertaken with the original application
River or the beaches- demonstrated the development would
a) new buildings and structures not impact the visual amenity of the
including outbuildings, are designed so major road network.
as not to dominate or detract from the
scenic and environmental qualities of
the site and its setting; and
b) the external colour scheme of
buildings is designed to blend with the
natural elements of its surroundings.
Public transport node
019 An accessible and safe public 519.1 A public transport node is located Not Applicable
transport node is established and within Noosa Heads as identified in No changes are proposed to existing
operated within Noosa Heads that- Schedule 5 - Map 1. public transport nodes.
a) links public transport services to other
centres on the Sunshine Coast; and
b) forms part of an integrated transport
network that is accessible via pedestrian
and bicycle pathways.
9.11 E
Environmental and cultural
heritage values No solution provided Complies
020 There are no significant adverse Comprehensive environmental, flora and
effects on biodiversity, native fauna assessment reports and
vegetation, habitats, landscape quality, management plans were submitted and
water quality or cultural heritage values, assessed as part of the original
including those related to- application, which demonstrated that
a) changes to natural drainage; there will be no significant adverse
b) disturbance to any of the wetland effects on biodiversity, native
systems; vegetation, habitats, landscape quality,
c) management of landslide and fire water quality or cultural heritage values.
risk;
d) erosion and the transport of
sediments off site;
e) unmanaged public access;
f) changes to fauna habitat and
behaviour; and
g) disturbance of buildings and features,
including natural features, of cultural
heritage significance.
Open space network
021 The integrated open space network 521.1 Open space corridors and Complies - Alternative Solution
is established, enhanced and protected existing native vegetation in areas The subject site is identified on Map 4 of
Extension To Relevant Period Page 12
Development Permit for Material Change of Use - Multiple Dwelling Units & Associated Facilities
Leslie Drive, Noosa Heads (Lot 3 SP221524)
Page 48
KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 10983
Specific Outcomes Probable solutions
throughout the locality to- indicated in Schedule 5 - Map 4 are Schedule 5 as being in an existing native
a) provide for both passive and active protected from fragmentation and vegetation area. However, mature
recreational pursuits; encroachment by development. vegetation will be retained where
b) provide connectivity for pedestrians possible and extensive supplementary
and cyclists; planting will be implemented, as
c) provide access to community uses conditioned, to enhance and protect the
and buildings, public open space and amenity of the site and open space
recreation areas, the beaches, Noosa network of the locality.
National Park and Noosa River;
d) provide habitat connectivity for
wildlife;
e) protect watercourses and drainage
lines,
f) protect vegetation on steep slopes,
and
g) form a scenic backdrop for residential
development.
AND
022 Physical and visual links between 522.1 No solution provided Complies
public open space areas and The development will maintain existing
watercourses are retained. physical or visual links to public open
spaces or watercourse areas.
Pedestrian and bicycle pathways
023 Safe and convenient pedestrian 523.1 Pedestrian and bicycle pathways Not Applicable
and bicycle pathways are provided and are provided and retained where The proposed development does not
retained between and around key indicated in Schedule 5 - Map 2; adjoin any pathways/ bikeways
destinations. identified on Map 2 of Schedule 5.
AND
523.2 Contributions toward a Pathways Complies
Network are provided in accordance Contributions will be paid.
with PS/720.
Recreational opportunities Not Applicable
024 Key recreation focal points, No solution provided. The proposal does not include land
including Noosa National Park, Noosa outlined in 024.
River foreshore and mouth, Noosa Main
Beach and Lion's Park are maintained
without significant changes to their
landscape character, including as a
result of increased infrastructure.
Watercourses Complies
025 The environmental, economic, No solution provided. There will be no adverse effects to
amenity and transportation values of the amenity of the Noosa River system as a
Noosa River system are protected. result of the proposal.
Division 17-Specific Outcomes and Probable Solutions for the Semi-Attached Housing
Zone
9.15 Cp1Bfte Meet
033 The following defined uses and use
classes are consistent uses and are No solution provided. Complies
located in the Semi- Attached Housing The approved development is located
Zone- within Precinct F of Noosa Springs and
a) Commercial business Type 1 if an comprises a 'Resort Hotel'. It is noted
estate sales office; that while the Visitor Accommodation
b) Home-based business Typel; Type 4 use is consistent with a Resort
c) Home-based business Type 2 Hotel use (which is not defined) the
where operated from a Detached other ancillary uses for a Resort Hotel
House; are listed as being inconsistent, which is
d) Detached house; odd.
e) Multiple housing Types 1, 2 or 3;
f) Multiple housing Type 4 where
i) located in precinct El of Noosa
Springs; or
u) located on premises bounded by
Grant St, Katherina St, Noosa Dnve and
Extension To Relevant Period Page 13
Development Permit for Material Change of Use - Multiple Dwelling Units & Associated Facilities
Leslie Drive, Noosa Heads (Lot 3 SP221524)
Page 49
KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 10983
Specific Outcomes Im. 71.1 - 171.= Proposal
Banksia Ave; or
iii) the site area is no less than 800m2;
or
g) Visitor accommodation Type 4 if
located on Lot 2 on SP110327 at Noosa
Drive
h) Visitor Accommodation Type 4 if
a resort hotel within Precinct F of Noosa
Springs
9.16 Inconsistent Uses
034 The following defined uses and use
classes are inconsistent uses and are not No solution provided. Does Not Comply (also refer section
located in the Semi-Attached Housing 4.3)
Zone- The site is located within Precinct F of
a) All Agricultural Uses; Noosa Springs and comprises a 'Resort
b) Commercial business unless Type Hotel'. While the entertainment and
1 and an estate sales office; dining business, commercial business
c) Entertainment and dining and retail business components are
business; defined separately they are ancillary
a) Home-based business Type 2 other uses to a 'Resort Hotel' and cannot be
than where operated from a detached considered separately to such a use.
house;
d) Home-based business Type 3; The planning scheme is unclear in this
e) Industrial business; respect as a 'Resort Hotel' is clearly
f) Retail business; supported as a consistent use, but the
9) All Community Uses; ancillary uses that are integral to this
h) All Infrastructure Uses use are technically listed as being
i) Ancillary dwelling unit; inconsistent.
j) Multiple housing Type 4 if not
i) located in precinct El of Noosa In any event if there is conflict with the
Springs; or planning scheme the conflict must be
ii) located on premises bounded by minor and there are planning grounds
Grant St, Katherina St, Noosa Drive and provided below that are sufficient to
Banksia Ave; or overcome any conflict.
iii) the site area is less than 800m2;
k) Multiple housing Type 5;
I) Visitor accommodation Type 4 if
not-
i) located on Lot 2 on SP110327 at
Noosa Drive; or
ii) a resort hotel within precinct F of
Noosa Springs.
use
Visitor accommodation
035 Lot 2 on SP110327 at Noosa Drive No solution provided. Not applicable
is developed and maintained for visitor
accommodation.
Streetscape & character Complies
036 Buildings and other structures- S36.1 The main entrance of the The main entrance is easily recognise
a) contribute positively to the building faces and is recognisable from from Resort Drive.
streetscape character by addressing the the street;
street and adding visual interest through AND
stepping the front facade; 536.2 Buildings and other structures Complies
b) have a bulk and architectural scale are designed to- A wall length of 15 m will not be
that does not dominate the streetscape a) have a maximum wall length of 15m exceeded. The development has been
or detract from the visual amenity of and each external wall plane architecturally designed using a range of
adjoining properties; incorporates at least one design devices to add visual amenity and
c) present as a small building of a element to add visual interest and interest including varied building
domestic scale within a landscaped amenity (such as windows, pergolas, materials, a suitable and sympathetic
setting; and sun shading devices, balconies or a colour palate, awnings, balconies, and
d) present well articulated facades change of building material)(see Figure floor to ceiling windows. The roof plan
where garages or carports are not the 9.1 and Figure 9.2); is well articulated and varied. Each
dominant b) vary and break up the roof form dwelling is provided with balconies for
visual element when viewed from the through gables or different pitches to private open space. Tall plant species
street; add visual interest and define the will be provided in the landscaping.
Figure 9.1-Use of design features individual dwelling units (see Figure 9.1
to break up building bulk and Figure 9.2);
Figure 9.2-Adding visual interest c) provide individual segmented
to facades balconies for each dwelling unit to
THE BUILDING ABOVE IS reduce dominant horizontal banding and
INCONSISTENT WITH THE OUTCOMES to provide private open space for each
Extension To Relevant Period Page 14
Development Permit for Material Change of Use - Multiple Dwelling Units & Associated Facilities
Leslie Drive, Noosa Heads (Lot 3 SP221524)
Page 50
KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 10983
Specific Outcomes f1771 .TZL TRt= -, Proposal
AS THERE IS NO ARTICULATION OR tenancy (see Figure 9.1 and Figure 9.2);
VISUAL INTEREST. THE FOLLOWING d) break up building fagades by
BUILDING IS CONSISTENT AS IT IS incorporating different but
WELL ARTICULATED, CREATES complimentary colours, textures and
DIFFERENT SHADOW LINES AND IS building materials; and
VISUALLY INTERESTING. e) visually break up the bulk of the
building by integrating tall plant species
in front of and to the side of buildings;
AND
536.3 For comer sites the building Not applicable
design addresses both street frontages
by-
a) including doors and windows on each
face of the building that fronts a road;
and
b) incorporating an access point from
each street, one for each of the dwelling
units.
Garages and carports
037 Garages, carport structures and 537.1 Garages and carports have a Not applicable
vehicle manoeuvring areas are designed front boundary setback of at least 6m Car parking will provided for residents
and sited to- provided that garages may be setback within basement carparks with ample
a) provide for resident and visitor 5.5m from the front boundary where visitor parking provided at grade
parking; garage doors are staggered 1m from throughout the resort.
b) visually integrate with the building each other in relation to the frontage
and to not dominate the street front; AND
c) allow opportunity for landscaping to 537.2 Garages present a minimum Not applicable
screen vehicle parking and manoeuvring width to the streetscape (the total width Refer above
areas; of garage doors is no more than 6m or
d) minimise the number of driveway 50% of the frontage width, whichever is
accesses; and the lesser, where the structure faces the
e) allow safe and efficient access to and street)
egress from the premises. AND
S37.3 Where multiple double garages Not applicable
are included garages are stepped back a Refer above
minimum of 600mm from each other, in
relation to the frontage or are separated
by at least 2m;
OR
537.4 Garages that are visible from, but Not applicable
do not face the street, include windows Refer above
or other articulation and have a 6m
vegetated buffer between the structure
and the road frontage.
AND
537.5 Where located on the major Not applicable
road network or a collector street,
vehides are able to enter and exit the
site in a forward gear through a 3-point
turn maximum;
AND
537.6 The development provides for Complies
shared driveways to minimise the Shared access arrangements will be
number of access points, except on sites provided from Resort Drive (Leslie Drive)
with more than one street frontage,
where garages or carports in the
development front separate streets.
038 Front fences and walls are
designed and sited to- 538.1 Front fences or walls are setback Not applicable
a) contribute to the attractiveness of the an average of 1 metre and are The development does not include front
street; articulated to provide visual interest by fences.
b) be compatible with the existing stepping the design at maximum 5m
streetscape intervals.
character; AND
c) relate to the architectural period of 538.2 The area of land between the
the building; fence and the front property boundary
d) avoid interference with the shall be densely landscaped to screen
movement of surface stormwater; any fencing from the street.
e) allow for casual surveillance from the AND
street or where premises adjoin part of 538.3 Any fencing on the boundary
the major road network, mitigate traffic which is not screened by vegetation is
noise; either less than 1.2m high or of an open
Extension To Relevant Period Page 15
Development Permit for Material Change of Use - Multiple Dwelling Units & Associated Fadlities
Leslie Drive, Noosa Heads (Lot 3 SP221524)
Page 51
KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 10983
Specific Outcomes Probable solutions Proposal
f) provide for planting in front of high construction.
solid fences and walls; and
g) ensure planting between the front
fence and the footpath does not create
an impediment for pedestrians using the
footpath.
Comment: This assessment has determined that the proposal generally complies with all probable
solutions and specific outcomes. Where probable solutions are not met compliance with the specific
outcome is demonstrated. Discussion on specific outcome non-compliances is included in section 4.3
below.
4.3 PLANNING GROU
The approved development does not comply with specific outcomes 07 and 012 and potentially in
part 033 & 034 of the Noosa Heads Locality Code. Sufficient planning grounds to justify approval of
the relevant period despite these conflicts are as follows:
07 Height
The proposed development contains a number of buildings that are 3 storeys and 12 metres in
height. While the proposed development exceeds the current planning scheme requirement of 2
storeys, the site is unique in that the development is part of the overall Noosa Springs development
previously supported by a Plan of Development.
The planning scheme refers to a Resort Hotel being allowed in the Precinct F area, but all of the
applicable planning provisions from the Plan of Development did not carry through under the Noosa
Plan. However, given that this does form part of the history surrounding the long term development
of this area, it is a relevant consideration of this application.
In any event, the current planning scheme was in a draft form and was also considered at the time
the development proposal was assessed and it was determined that the height would not cause
adverse amenity impacts upon the surrounding area. This is because of the following:
• integration of the buildings on the site being a disused quarry and its location being an
enclave and largely separate from other development in the locality means that the
development will not dominate the streetscape or the surrounding spaces;
• the maintenance and enhancement of mature vegetation along the ridge line, with the
proposed buildings being 15m from the rear property boundary means that the proposed
development maintains the vegetated skyline;
• the proposed development will be integrated with mature vegetation on the site and which
results in the proposal being respective of the scale of the surrounding vegetation;
• the visual amenity impact has been considered by an expert and it has been confirmed that
the proposed development will not adversely impact upon the amenity of the locality; and
• the additional building height also has the added advantage of reducing the development
footprint/site cover, which is desirable to retain as much vegetation on the site as possible,
but also to allow for additional landscaped open space within the development.
Extension To Relevant Period Page 16
Development Permit for Material Change of Use - Multiple Dwelling Units & Associated Facilities
Leslie Drive, Noosa Heads (Lot 3 SP221524)
Page 52
KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 10983 012 GFA With respect to the GFA issue, the proposed development marginally exceeds the allowable GFA for the residential accommodation component by approximately 2,052m2 or 10%. Again while this is an area of non-compliance it is important to note that the proposed development complies with the allowable population density and site cover requirements. It is suggested that the proposed development does not represent over development of the site particularly since it has been previously demonstrated that the development will not adversely impact upon the visual amenity of the streetscape or the surrounding area. The proposed development is integrated into the existing quarry site and this has the effect of reducing the appearance of building bulk. The proposed development has been accepted previously by the council even with consideration given to the draft planning scheme at that time. It has been always intended for this part of the Noosa Springs site to contain a Resort Hotel under the previous Plan of Development and at the scale proposed. 033 & 034 Use As discussed above, the proposed uses are entirely consistent with the use of the site as a Resort Hotel, with this proposal being an integrated development comprising visitor accommodation, entertainment and associated facilities including theatre, restaurant, shops and function rooms, as approved. The current planning scheme clearly envisages a Resort Hotel in what was referred to as Precinct F under the previous Plan of Development over the land. While the additional uses are listed as being inconsistent in the planning scheme they are uses that are necessarily associated with a Resort Hotel. Consequently, it is suggested that to the extent that there is any inconsistency with the planning scheme the conflict is minor and in any event there are sufficient planning grounds to overcome the conflict. Extension To Relevant Period Page 17 Development Permit for Material Change of Use - Multiple Dwelling Units & Associated Facilities Leslie Drive, Noosa Heads (Lot 3 SP221524)
Page 53
KHA DEVELOPMENT MANAGERS TOWN PLANNING REPORT 10983 5.0 CONCLUSION This Town Planning report has been prepared by KHA Development Managers to accompany a request by Starco Developments Pty Ltd for Extension to the Relevant Period in respect of a Development Permit for Material Change of Use (file reference: 2005/1133) over land located at Leslie Drive, Noosa Heads, described as part of Lot 3 on SP221524. The application seeks an extension to the relevant period of the development approval in accordance with Section 383 of the Sustainable Planning Act 2009. The approved development (under file number: 2005/1133) generally complies with the Noosa Plan with the exception of building height in part and a relatively minor increase in gross floor area. However, while there is some conflict with the current planning scheme provisions the application was previously assessed under both the superseded planning scheme and draft Noosa Plan and supported in its current form. The application is not materially different to that publicly advertised and this application seeks an extension of the relevant period for the same application. The development proposal has not been able to proceed as previously planned, understandably because of the change in the market place due to the global financial crisis. The proposed development clearly has enormous community benefit with the provision of visitor accommodation and services, local employment during construction and for the ongoing operational aspects of the development. The development proposal remains generally compliant with the Noosa Plan and to the extent that there is any conflict it is minor and there are sufficient planning grounds to allow the relevant period of the approval to be extended. The proposal was previously advertised in its current form and approved with consideration given to the draft Noosa Plan at that time. The contributions payable for the development including the payment towards the road network under the current infrastructure charges plan remain relevant to the current approval. It is reasonable in this case to allow the extension of the relevant period so that the community benefit of the proposal can be realised. Extension To Relevant Period Page 18 Development Permit for Material Change of Use - Multiple Dwelling Units & Associated Facilities Leslie Drive, Noosa Heads (Lot 3 SP221524)
Page 54
11
8 February 2010 kha
DEVELOPMENT
Our Ref: 10983 M A N A G E R S
Council Ref: 2005/1133
Department of Environment and Resource Management
PO Box 573
NAMBOUR QLD 4560
Dear Sir/Madam
EXTENSION TO RELEVANT PERIOD REQUEST
LESLIE DRIVE, NOOSA HEADS
PART OF LOT 3 SP221524
Reference is made to a Development Permit for Material Change of Use (Council File Reference:
2005/1133) in respect of the above land.
On behalf of the applicant, Starco Developments Pty Ltd, and in accordance with Section 383 of the
Sustainable Planning Act 2009, we have submitted to Council a request to extend the relevant period.
In accordance with the Sustainable Planning. Act 2009, we hereby provide the referral agencies outlined
in the original acknowledgment notice with a copy of the application.
Should you have any questions with respect to this matter please do not hesitate to contact me directly.
Yours faithfully
KHA DEVELOPMENT MANAGERS
PLANNING I SURVEYING I PROJECT MANAGEMENT I COURT APPEALS
Moreton Bay Sunshine Coast North Queensland
18/42 King Street. Caboolture Old 4510 Suite 1. Corner Surf Road & Gardak Street 1 C/41 Sturt Street, Townsville Old 4810
PO Box 1712, Caboolture Old 4510 Alexandra Headland Old 4572 PO Box 5027, Townsville Old 4810
p 1 07 5495 5318 r 1 07 5495 5317 PO Box 6380, Maroochydore BC QId 4558 p 1 07 4721 3066 r 1 07 4721 3088
P 1 07 5443 2844 r 1 07 5443 7146
>pment Managers