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AGENDA
General Committee
Meeting
Monday, 16 January 2017
commencing at 10am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson,
Joe Jurisevic, Frank Pardon, Brian Stockwell, Tony Wellington
“Engagement with our community to protect and enhance our lifestyle”
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Full text of sections 2 to 68 (of 146)
Section 2
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS DIRECT TO GENERAL COMMITTEE 3
1 MCU16/0079 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
FOR EXTENSION TO NOOSA TEWANTIN RSL CLUB AT 5 MEMORIAL AVE,
TEWANTIN 3
2 MCU16/0112 & OPW16/0209 - DEVELOPMENT APPLICATION FOR MATERIAL
CHANGE OF USE FOR A BREWERY, ANCILLARY TASTING AREA &
OPERATIONAL WORKS AT 85 RENE STREET, NOOSAVILLE 28
3 FURTHER REPORT MCU16/0066 & OPW16/0133 APPLICATION FOR SERVICE
STATION, CONVENIENCE SHOP & FOOD OUTLET & SIGNAGE AT 6 TAYLOR
COURT, COOROY 50
4 132004.240098.7 (23798 DA) PERMISSIBLE CHANGE TO AN EXISTING
DEVELOPMENT APPROVAL TO EXPAND ON THE APPROVED USE AREA
ASSOCIATED TO TENANCY 3 ON THE TERRACE 3/231 GYMPIE TERRACE,
NOOSAVILLE 60
5 PLANNING AND ENVIRONMENT COURT APPEAL 5023 OF 2016 DEVELOPMENT
PERMIT FOR MATERIAL CHANGE OF USE FOR RETAIL BUSINESS TYPE 2
SUPERMARKET AT 5 GARNET STREET, COOROY 66
6 DRAFT STATE PLANNING POLICY 69
7 DISCOVERY GROUP REQUEST FOR A NEW PUBLIC/COMMERCIAL JETTY AT
ELANDA POINT EDUCATION AND ADVENTURE PARK 74
8 QUEENSLAND GOVERNMENT ANNOUNCES SINGLE USE PLASTIC BAG BAN 95
9 NOOSA RIVER MANAGEMENT 97
10 BOREEN POINT CAMPGROUND MANAGEMENT CONTRACT 1314T001-
PROPOSED OPTION 114
11 NOOSA HOLIDAY PARKS - FEES AND CHARGES 116
12 ECONOMIC DEVELOPMENT GRANT PROGRAM 2016-17 120
13 CORPORATE PLAN 2017 TO 2037 124
14 1516T009 REGISTER OF PREQUALIFIED SUPPLIERS FOR SUPPLY OF
ASPHALT, BITUMINOUS AND QUARRY MATERIALS 128
15 1516T013 REGISTER OF PREQUALIFIED SUPPLIERS FOR SUPPLY AND
DELIVERY OF PRE MIX CONCRETE 133
16 FINANCIAL PERFORMANCE REPORT - DECEMBER 2016 139
CLOSED SESSION -
Page 2 of 146
Section 3
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
REPORTS DIRECT TO GENERAL COMMITTEE
1 MCU16/0079 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
EXTENSION TO NOOSA TEWANTIN RSL CLUB AT 5 MEMORIAL AVE, TEWANTIN
DOCUMENT INFORM AT ION
Author Manager Planning & Environment, Kerri Coyle
(Drafted by Planning Consultant)
Planning & Infrastructure Department
Index ECM / Application / MCU16/0079
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Rubicon Design & Construct Pty Ltd
Proposal Development Permit for Material Change of Use of Premises -
Extension to existing RSL Club
Properly Made Date 20 July 2016
Information Request Date 8 September 2016
Information Response Date 5 October 2016
Decision Due Date 9 January 2017
Number of Submissions Nil
PROPERTY DETAILS
Property Address 5 Memorial Avenue, Tewantin
RP Description Lot 3 on T 16319 & Lot 10 on SP 273411
Land Area 6116.0 m²
567.0 m²
Existing Use of Land Tewantin Noosa RSL Club
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Tewantin & Doonan
Zone Community Services
Overlays Natural Hazard: Bushfire & Acid Sulfate Soils
Assessment Type Impact
Page 3 of 146
Section 4
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
RECOMMENDATION
That Council note the report by the Manager Planning & Environment to the General Committee
Meeting dated 16 January 2017 regarding Application No. MCU16/0079 for a Development Permit
for Material Change of Use of Premises for extensions to RSL Club situated at 5 Memorial Avenue,
Tewantin, described as Lot 3 on T16319 and Lot 10 on SP 273411 and approve the application in
accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
1620/DA/1.02 B Existing/Demolition Ground Floor Plan 28/09/16
1620/DA/2.01 C Proposed Basement Plan – Stage 4 28/09/16
1620/DA/2.02 C Proposed Ground Floor Plan – Stage 4 28/09/16
1620/DA/2.05 C Roof Plan – Stage 4 28/09/16
1620/DA/4.01 C Elevations – Stage 4 30/09/16
Nature and Extent of Approved Use
3. The proposed development provides for an extension to the Gaming Area (providing for a
maximum of 180 gaming machines), Smokers Terrace, Store, Children’s Lounge, basement
carpark area and other internal modifications as shown on the approved plans.
4. The proposed Children’s Lounge is to remain an enclosed structure and is not to be used as
an open balcony or break out area in association with the Function Room.
5. The proposed development shall be setback at least 2m from the Pelican Street frontage and
4m from Doonella Street, with the exception of Stair 3, which is to be setback not less than
0.85m. The basement carpark area is to remain predominantly an open structure, where
above ground level, with all openings fitted with open timber battens as shown on the
approved plans. The building setback areas to the basement shall be densely landscaped to
screen the basement area from both Doonella and Pelican Streets.
6. Access and egress to the existing Function Room is to be obtained via the main entry to the
RSL building and is not via the doors providing access to the new service carpark area at
this level. These doors are not to be used in association with an additional break out area by
patrons using the Function Room.
Page 4 of 146
Section 5
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
7. All open space areas shown on the Overall Site Plan, prepared by Planit Consulting, dated
September 2016, are to be landscaped in accordance with the Statement of Landscape
Intent provided. The applicant is required to provide the equivalent number of mature trees
lost by the development of the site, in the landscaped open space areas. A number of larger
trees are to be provided in the open space area to the north of the RSL development and
behind the existing commercial buildings on the subject land. The landscaping of the open
space areas is to be undertaken to the reasonable satisfaction of the Manager, Planning
and Environment.
Landscaping Works
8. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. Local native species suitable for the site including advanced pot sizes of 25L,45L and
100L.
b. a 2 metre wide landscaping strip along the Pelican Street frontage of the subject site,
exclusive of the access driveway, generally uncompromised by infrastructure items.
The landscape design must include plants which screen the development to a minimum
height of 4m.
c. a 4 metre wide landscaping strip along the Doonella Street frontage of the subject site,
exclusive of the access driveway, generally uncompromised by infrastructure items.
The landscape design must include plants which screen the development to a minimum
height of 4m.
d. Planted grasses, shrubs and trees in landscaping beds to the existing grassed area in
the car-park area servicing the post office.
e. The existing trees located in the 2 m Pelican Street frontage and the 4m Doonella
Street frontage must be retained in accordance with an Arborist Report prepared by a
qualified person* and endorsed through an Operational Works approval. Any trees
nominated for removal must be replaced at a 2:1 ratio for each removed, with a
minimum pot size of 100L.
*(Refer to Advisory Note)
9. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
Building Height
10. The maximum height of the development must not exceed RL 14.950m (AHD) as shown on
the approved plans for the development.
Performance Bond
11. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000.00 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Operational Works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit. Council reserves the
right to call upon the bond or guaranteed sum to effect compliance with conditions.
Sunset Clause for Completion of Approved Development
12. Pursuant to s342 of the Sustainable Planning Act 2009, the uncompleted aspects of this
development approval lapses if the whole of the approved use has not happened by 19
January 2021.
Page 5 of 146
Section 6
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Building Appearance
13. All air conditioning units or other mechanical equipment must be located at ground level, or
otherwise fully enclosed or screened such that they are not visible from the street frontages
nor adjoining properties.
Noise
14. The applicant is to implement all of the recommended acoustic treatments provided in the
Environmental Noise Impact Assessment, by CRG Acoustics, dated 11 July 2016, as they
relate to Stage 4 of the development. The applicant is to provide additional noise attenuation
for the smokers terrace area to prevent the reliance on staff having to manage subdued
patrons using this area. Further, the applicant is to provide suitable sound attenuation for the
bin storage area to reduce adverse noise impacts caused by rubbish being placed in the
bins. These additional sound attenuation measures are to be certified by a suitably qualified
and experienced noise expert.
15. The following specific acoustic treatments are to be applied to the building construction and
design as outlined in the CRG Acoustics Report of 11 July 2016:
a. Sound lock doors must be installed at the proposed smoker’s terrace as detailed in the
development application plans (Rubicon: Proposed Ground Floor Plans: Stage 4 plan
and Stage 5 & 6 plan).
b. Driveways, ramps and car park areas must be finished with surface coatings which
prevent tyre squeal (an uncoated surface is acceptable).
c. All drainage grating over trafficable areas must be secured in a way that prevents
rattling or nuisance noise.
d. Car park exhaust ducting is to have acoustic insulation before and after any right angle
bend (900) at the outlet end of the exhaust fan/s.
e. Car park exhaust discharge riser is to be lined with 50mm thick insulation (hydrophobic
fibreglass batts min. 32kg/m2 ) faced with perforated metal (min. 12% open face area)
f. A minimum Rw 34 (i.e. 10.76mm laminate in acoustic grade frames and acoustic seals)
must be used for all new external windows and glass doors of the function / dining
extension, children’s lounge and the new alfresco lounge.
g. New external walls of areas where amplified entertainment is proposed should be
constructed to achieve a minimum Rw rating of 50.
h. Roof/ceiling of areas where amplified entertainment is proposed should be constructed
to achieve a minimum Rw rating of 50.
i. At the time of installation, new mechanical plant and equipment, a/c units, motors,
refrigeration equipment, compressors, pumps etc associated with Stage 4 of the
development, should be installed within the building or suitably provided with noise
reduction measures and located as to prevent a noise nuisance beyond the boundary
of the site and not exceed the levels specified in Table 1.
Page 6 of 146
Section 7
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
TABLE 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
Noise level at noise sensitive place measured as the adjusted
PERIOD
maximum sound pressure level (L10, adj,T)
7am – 6pm Background noise level (L90,T) plus 5 dB(A)
6pm – 10pm Background noise level plus 5 dB(A)
10pm – 7am Background noise level plus 3 dB(A)
NOISE LIMITS AT A COMMERCIAL PLACE
Noise level at a commercial place measured as the adjusted maximum
PERIOD
sound pressure level (L10, adj,T)
7am – 6pm Background noise level (L90,T) plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
Acoustic Report
16. An acoustic report prepared by a suitably qualified person* is to be submitted to council
confirming assessment and certification of measured noise levels from the new mechanical
plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc
comply with the noise limits as set out in Table 1 and all other relevant noise conditions of
this Decision Notice associated with Stage 4 of the development.
17. The report is to be submitted after commissioning any new equipment (with aall plant and
equipment operating at the same time) and when all building extensions are complete.
18. Measurement of sound pressure levels (adjusted for tonality and impulse) must be in
accordance with Australian Standard AS1055.1 “Acoustics – Description and measurement
of environmental noise – General procedures”.
Suitably Qualified Person* - Certification
For the purpose of measuring and certifying compliance with relevant noise conditions of this
Decision Notice, a suitably qualified person is either:
i. a Registered Professional Engineer of Queensland, or
ii. an environmental consultant with a minimum of three (3) years current experience in
the field of acoustics.
Outdoor Lighting Devices
19. Lighting associated with the use must be designed, sited, installed and tested to comply with
Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of
outdoor lighting” using a control level of 1 and not cause a nuisance to the adjacent
residential areas.
20. Vehicle headlight emissions from the carpark are to be adequately shielded to prevent
spillage beyond the site into any adjacent residential buildings.
Page 7 of 146
Section 8
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
External Works
21. The Doonella Street and Pelican Street frontages of the site must be upgraded for the full
length to the subject site. The works must be undertaken in accordance with an Operational
Works approval and must include in particular:
a. construction of a pedestrian footpath in accordance with the conditions of this Decision
Notice
b. removal of the existing property access points and reinstatement of the kerb, footpath
and verge area to match the balance of the site frontage, including the provision of
topsoil and turf where the existing verge is grassed
c. relocation/reinstatement of existing on-street parking bays
d. linemarking of the relocated/new on-street parking bays
Site Access and Driveways
22. A sealed access driveway must be provided from Doonella Street and Pelican Street to all
parking and manoeuvring areas of the development. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
a. driveway crossovers in accordance with Council’s Standard drawing RS-051
b. suitable safety measures, including warning signage, to improve driver awareness of
pedestrians and enhance pedestrian safety. Warning signage must be provided near
the exit ramp from the underground parking area to warn motorists of pedestrian
movement along the frontage street
c. sight lines to pedestrians and vehicles in accordance with AS/NZS2890.1:2004.
Certification of the design by an RPEQ must be provided as part of the Operational
Works application
Car Parking
23. A minimum of 125 car parking spaces must be provided and marked on the site and must be
made available and accessible at all times while the use is open for business. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular:
a. provision of vandal resistant public lighting with intensities to satisfy the requirements
of Australian Standard AS1158: Public Lighting Code
b. Disabled parking spaces within the total
c. dimensions, crossfalls and gradients in accordance with Australian Standard
AS/NZS2890.1:2004 Parking Facilities
24. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
25. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
Paving Treatment of Vehicle Movement Areas
26. Alternative materials, patterns, or threshold treatments must be used to articulate the
pavement treatment of vehicle movement areas.
Service Vehicles
27. Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
The works must be undertaken in accordance with an Operational Works approval and be in
accordance with Council’s Planning Scheme Policy 9 – Waste Management. The
development must include in particular delivery/service/waste areas that are accessible by a
12.5m vehicle.
Page 8 of 146
Section 9
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Pedestrian and Bicycle Facilities
28. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in particular:
a. a 1.8 metre wide footpath within the road verge for the entire length of the site’s
frontage to Pelican Street and Doonella Street. The path must be extended to the
existing full width path in Memorial Avenue
b. signage and lighting at strategic locations to direct people to building entries
c. a total of 13 bicycle parking spaces
Stormwater Drainage
29. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. a stormwater drainage system that collects and discharges runoff such that there is no
net increase in stormwater runoff from the site.
b. the use of gravity stormwater drainage and not surcharge pits.
Stormwater Quality Management
30. A stormwater quality treatment system must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and achieve the
pollution reduction targets of the State Planning Policy Appendix 2 Water Quality and be
modelled in accordance with the Water by Design MUSIC modelling guidelines or the Water
by Design deemed to comply solutions
31. Stormwater quality treatment devices must be routinely checked, serviced and cleaned in
accordance with the manufacturer’s recommendations or Water by Design “Maintaining
Vegetated Stormwater Assets” guidelines. Records of all maintenance activities undertaken
must be kept and made available to Council upon request. Where replacement cartridges or
other necessary components for the system become unavailable, an alternative system is
required to be retrofitted into the development to achieve an equivalent pollutant reduction
outcome.
32. All primary stormwater quality treatment devices must be routinely checked, serviced and
cleaned in accordance with the manufacturer’s recommendations. Records of all
maintenance activities undertaken must be kept and made available to Council upon request.
33. The ongoing maintenance plan for the development must include the operations and
maintenance manual for the water quality device/s and must include the full cost of
maintaining the system. This maintenance plan must be provided as part of the subsequent
operational works
Easements
34. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
35. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
36. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Page 9 of 146
Section 10
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Earthworks and Retaining Walls
37. All excavation/filling and associated retaining structures must be undertaken in accordance
with an Operational Works approval, and contained entirely within the subject site unless
written permission from the respective landowner(s) is provided to Council.
38. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
Damage to Services and Assets
39. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
REPORT
1. PROPOSAL
The proposed development originally sought to seek a number of additions to the existing Tewantin
Noosa RSL (RSL) over a number of stages. Following discussion with the applicant about the scale
of the development, the applicant amended the application and the proposal plans to provide for
Stage 4 only, however the proposed extensions remain substantial.
The proposed new development is primarily over the existing at ground carparking area fronting
Doonella Street and Pelican Street and includes the area of land currently occupied by Noosa
District Community Radio building, which fronts Pelican Street.
Stage 4 of the development includes an extension to the existing gaming area and provides for a
new delivery and service yard, with an additional 683.62m² of GFA being proposed. A new
basement carpark area with provision for 125 parking spaces is also to be provided over the
existing at ground parking area (refer Figure 1, below).
Page 10 of 146
Section 11
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Figure 1 – Stage 4 (Only)
The new built form includes a new basement carpark, which will extend close to the road frontages
in both Doonella and Pelican Streets. The main extensions to the building are at the first level,
above the new undercover basement carpark area, being at the same level as the existing bar and
gaming area.
A copy of the original staging plan for the development is provided below as Figure 2; however as
discussed above, Stages 5 & 6 no longer form part of the development proposal.
Page 11 of 146
Section 12
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Figure 2 – Overall Staging Plan (Stages 5 & 6 no longer forming part of the development proposal)
It is important to note that the application made is over the whole of the land bounded by Memorial
Avenue, Doonella Street, Pelican Street and Poinciana Avenue.
The existing access to the RSL is to be maintained off Memorial Avenue with a new access and
egress being provided off Doonella Street, for the new basement carparking area. Another access
is proposed off Pelican Street, which provides access to additional parking located above the
basement area at the first floor level. This access is also to be used for service vehicles for the
back of house and for additional storage, within a separate building.
Some landscaping is to be provided to the road frontages, however this is restricted by reduced
building setbacks, to both Pelican and Doonella Streets. There is no ability to provide landscaping
within the footprint of the RSL development.
The applicant has advised that the development will maintain the existing operating hours and
function as per the existing RSL use. The applicant has advised that …overall the proposed
development will add to the existing amenity of Tewantin. It will provide more services and add to
the economic and employment opportunity with the area. It is considered the development will
reflect the overall nature of the site.
In summary, the scale of the proposed extensions for Stage 4, having regard to the subject land
as a whole, is provided in the table below.
Page 12 of 146
Section 13
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Development Summary Table
Parameter Existing Stage 4
Gross Floor Area (GFA) (m²) Additions 683.62
(RSL plus Buildings A & B) RSL 2,396.06 3,079.68
Buildings A 524.00 524.00
&B
Total 2,920.06m² 3,603.68m²
Use Area (m²) (RSL only) 1,957.84m² 2,551.61m²
(existing bar and gaming (the net increase in bar use
use area being 1,240m²) area being 1,600m²)
Car Parks (RSL only) 86 125
Site Cover Not provided 4,540m² (67.9%)
(RSL plus Buildings A & B) (plan shows the shaded
area of the basement that is
purportedly 1m above the
existing ground level)
Plot Ratio (GFA/Site Area – 6685m²) 0.44:1 0.54:1
(RSL plus Buildings A & B)
Landscaped Open Space Not provided 1,096m² (16.4%)
(RSL plus Buildings A & B)
Building Setbacks (RSL) About 4.0m being 2m to Pelican Street for the
generally the same basement;
alignment from Doonella 4.0m to Donnella Street for
Street. the basement being the
Existing Community same as the existing
Radio building built to the building setback;
frontage – no other 0.85m to Stairs 3;
buildings or structures
2. SITE DETAILS
2.1. Background
The Tewantin Noosa RSL has been established on the land for a number of years, with the original
building occupying the land fronting Poinciana Avenue, being Lot 3. Since that time, the RSL has
continued to grow in response to community need. The current development approvals for the
existing RSL are briefly described below:
TPC 1894 – Dining Room (Caterer’s Room) an Extension to Existing RSL;
TPC 2782 – Extensions to Existing RSL Club;
R 473 – Rezoning from Special Use – Church to Special Facilities RSL Club in accordance
with a Plan of Development;
3B-388 Special Facilities (RSL Club in accordance with the Plan of Development);
1043 TC – Tewantin Noosa RSL and Citizens Memorial Club – Liquor Sales Area & Ancillary
Changes; and
Liquor Licencing Application to increase the number of gaming machines by 46 from 134 to
180.
Page 13 of 146
Section 14
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
2.2. Site Description
The subject land comprises two parcels being described as Lot 3 on T16319 (Lot 3) and Lot 10 on
SP273411 (Lot 10) and has a combined area of about 6,685m². The subject land fronts Memorial
Avenue to the west, Poinciana Avenue to the north, Pelican Street to the east and Doonella Street
to the south, which includes the entire block (refer Figure 3).
Figure 3 – Aerial Photograph
The land is currently occupied by a number of buildings and structures, the majority of which are
associated with the use of the Tewantin Noosa RSL. This includes the building over Lot 3, which
was part of the site originally used by the RSL and fronts Poinciana Avenue and Memorial Avenue.
The main area of the RSL building now fronts Poinciana Avenue, Memorial Avenue and Doonella
Streets, being located primarily over the south western portion of Lot 10. It is noted that Lot 10 now
forms the remainder of the block encompassing Poinciana Avenue, Pelican Street, Memorial
Avenue and Doonella Street. This land includes the buildings facing Poinciana Avenue (refer
Figure 3), which includes the CWA, Post Office and Noosa Building Certifiers.
The land falls generally from north to the south east corner and contains some sporadic vegetation,
which is located predominantly along the site boundaries of Doonella Street and Pelican Street.
Some mature vegetation exists to the immediate north of the existing RSL development, within the
site. The site does not contain any mapped regulated vegetation.
A number of sewers currently traverse the site, which are to be relocated to facilitate the proposed
development, this being a matter for Unitywater.
2.3. Surrounding Land Uses
Opposite the site to the east in Pelican Street is the Noosa Council Chambers, a dwelling and
another small commercial building, currently occupied by a sub-branch of the RSL. The land to the
west in Memorial Avenue forms part of the local centre for the Tewantin Business Centre. The land
to the north and on the opposite side of Poinciana Avenue is open space parkland, which extends
to the Noosa River. The land to the south in Doonella Street is improved by a number of older
dwellings.
Page 14 of 146
Section 15
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
The character of the immediate area surrounding the subject land is mixed with varying building
forms and some open space. Importantly, a number of dwellings remain on the southern side of
Doonella Street, directly opposite the existing and proposed extensions to the RSL development.
These dwellings are older and exhibit many of the light weight architectural features that are
reflective of the Tewantin Locality generally.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed below.
3.2. State and Other Statutory Instruments
State Planning Policy
The State Planning Policy, April 2016 is applicable to this application, in terms of the following
State interest:
State interest – water quality
The subject land has an area greater than 2,500m² and will have an impervious area greater than
25%. The applicant has addressed the matter of water quality, which is discussed further below.
The proposed development meets the requirements of the State Planning Policy in terms of
managing water quality from the development.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint under the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions.
3.3. Statutory Instruments – Planning Scheme
The subject land is located in the Tewantin & Doonan Locality and is included in the Community
Services zone. The application made is for an ‘undefined use’. This is because the existing and
proposed uses collectively do not fit neatly with any of the uses under the Noosa Plan, these being
a combination of community and entertainment and dining uses.
Page 15 of 146
Section 16
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Under the Table of Assessment for the Community Services Zone, Entertainment & Dining uses
are consistent, but subject to impact assessment. This type of use on land bounded by Poinciana
Avenue, Pelican Street, Doonella Street and Diyan Street (Memorial Avenue), where in conjunction
with a Community Use, is specifically supported by The Noosa Plan.
Under the overall outcomes for the Tewantin & Doonan Locality, outcome (z) states:
For the Community Services Zone—land committed or planned for community purposes –
i. is protected and managed to enable the efficient and timely delivery of community services;
and
ii. is consistent with the indoor recreation, education, social and safety needs of the local
community, including people with special needs, such as the elderly, children, low income
earners and disabled persons;
In this case, the RSL is a not for profit community organisation, which is commensurate with the
type of uses envisaged for the Community Services Zone, which includes associated entertainment
and dining uses. Despite this, the scale of the business uses on the land are considerable and are
of some concern. This is particularly the case given the level of compliance with other provisions
under the planning scheme, which are discussed further below.
The continued growth of the RSL in the Tewantin & Doonan Locality could result in adverse impacts
being caused to other community uses in the general locality. This includes some sporting clubs
such as the Tewantin Noosa Bowls Club, which are also not for profit organisations. Despite this,
it must be accepted that the existing RSL development and the proposed extensions are a
consistent use in the zone, and have been specifically identified for the site. Therefore, the matter
of need is not a relevant assessment.
Locality Provisions
Under Table 12.12 of the Tewantin & Doonan Locality Code, a number of specific outcomes are
provided. In particular, the following specific outcomes have been considered, which are
considered most relevant.
Amenity
Specific Outcome O1, states:
Uses are located, designed and operated to avoid significant adverse changes to the light, air
quality, noise, accessibility or other conditions enjoyed by users of associated, adjoining or nearby
uses.
The proposed development is to maintain the same hours of operation and will essentially be the
same type of development, but will have a substantial increase in scale and operation. Therefore,
there is potential for greater impacts upon amenity of the immediate residents, in terms of noise,
traffic and lighting.
The greatest concern with respect to adverse amenity impacts upon the neighbouring residential
properties in Doonella and Pelican Streets. This is with respect to noise generated from traffic and
patrons leaving the facility at night. This is particularly the case given the new access driveway
located directly opposite the dwellings in Doonella Street. The new access driveway in Pelican
Street is also directly opposite the remaining dwelling in Pelican Street. Lights from cars leaving
the premises at night could also be an issue, and a condition has been imposed to try and address
this issue.
Concerns were originally raised with the applicant with respect to a new outdoor balcony and
breakout areas for the new Function Room extensions fronting Doonella Street, in particular at
night, however these aspects of the proposal have now been deleted. The proposed new
Children’s Lounge is to remain fully enclosed and is not be used as a balcony or break out area by
patrons. Other amenity impacts potentially relate to the noise generated by plant and equipment
and intrusive lighting, but these issues have been addressed and relevant conditions imposed.
Page 16 of 146
Section 17
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
The applicant has provided an Environmental Noise Assessment for the proposed alterations and
additions. The report provides a number of recommendations in order to minimise adverse noise
impacts. Based on the assessment undertaken, the noise expert has advised that …the proposal
can be shown to be within acceptable levels of the adopted noise criterion subject to the
recommended treatments detailed in the report being incorporated into the development. The
applicant will be required to implement these recommendations, as required for Stage 4 only.
There is a new Smokers Terrace to be provided with Stage 4, which will be outside of the main
building, however this part of the development is more centrally located within the development,
which should assist in minimising adverse noise impacts, from patrons using this area. It is noted
that on the proposal plan, an airlock door is proposed to the Smokers Terrace, which is supported
and has been conditioned accordingly. Further, sound attenuation should also be placed around
the Smokers Terrace area rather than relying on staff to control patrons. The southern doors of the
existing function room should remain closed, with patrons being required to enter and leave the
function room through the main entry to the RSL.
Given the increase in use area and patronage, the amount of waste must be increased and while
still in the same general location, will be more elevated above the new basement area. With the
new building work being proposed the applicant should be required to provide sound attenuation
around this area to reduce the potential for adverse noise impacts from servicing the development.
An Obtrusive Light Compliance Report has been provided, which has confirmed that all of the
proposed light spillage for the development will comply with the relevant Australian Standard
(AS4282-1997 – Control of the obtrusive effects of outdoor lighting). Consequently, it is not
expected that new lighting will cause interference or an environmental nuisance with respect to the
night time amenity of residential areas. This is with respect to the proposed new carparking and
the servicing area fronting Pelican Street.
Built Form
The key issues with respect to built form outcomes, relate to height, setbacks, site cover, gross
floor area and plot ratio, roof form and landscaped setting.
Height
Specific outcome O4, states:
Buildings and other structures –
a) are low rise and present a building height consistent with structures on adjoining and
surrounding land;
b) have a maximum building height of 2 storeys;
c) do not visually dominate the street, surrounding spaces or the existing skyline;
d) preserve the amenity of surrounding land including access to sunlight;
e) respect the scale of surrounding vegetation; and
f) respond to the topography of the site and minimise cut and fill (eg. by stepping down the
slope or using suspended floor construction, for sloping sites).
The proposal plans show that the proposed extensions are generally less than the main part of the
existing building fronting Memorial Avenue. With the requested changes now made to the building,
the proposed roof line is not considered to be visually intrusive to the street, the surrounding spaces
or the skyline.
The proposed new extensions to the existing development do provide some articulation at the first
level and make use of some lightweight building materials, which help to break up the bulk of the
development and vary the built form at this level.
Page 17 of 146
Section 18
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
It is noted that while basement carparking area is to be provided, the basement is about 2m in
height above the natural ground level at the southern end of the site fronting Doonella Street and
is more than 1m in height above the natural ground level for about 15m fronting Pelican Street.
The proposed development remains two (2) storeys in height. However, at the ground level the
proposed basement area fronting Doonella Street and extending partly along Pelican Street, is not
a basement by definition and is generally an unappealing concrete structure located near the
boundary. This part of the development relies heavily on some timber battening and landscaping
to screen the development from view.
Setbacks
The specific outcome O5 states:
Buildings and other structures are appropriately designed and sited to –
a) provide amenity for users of the premises as well as preserve the visual and acoustic privacy
of adjoining and nearby land uses;
b) preserve any existing vegetation that will buffer the proposed building from adjoining uses;
c) allow for landscaping to be provided between buildings; and
d) maintain the visual continuity and pattern of buildings and landscape elements within the
street; and
e) help protect the natural character and visual amenity of the Noosa River system and other
watercourses and lakes.
For land included in the Community Services Zone, development is to have a 6m building setback
to any road frontage under the acceptable solution.
The main basement carpark area is setback about 2m from Pelican Street and about 4.0m to the
Doonella Street, in part only. The proposed outdoor stairs (Stairs 3) are setback less than 1m from
Doonella Street, but this is for a short distance only. The general building line for the proposed
basement area follows the existing building setback line for the length of Doonella Street.
The closest part of the proposed new extensions at the first floor level above the basement carpark
is setback about 12m to Pelican Street, to the edge of the proposed smokers terrace. There is a
proposed small extension to the function room, which provides for an enclosed Children’s Lounge.
This small extension generally maintains the same building setback line as the basement and is
less than the outermost projection of the existing building at this part. The relocated generator
enclosure is setback about 2m from the edge of the new basement area and therefore is located
about 6m from Doonella Street. The balustrading for the first level is in line with the basement
under.
From a town planning perspective, it is desirable to have a greater setback to the road frontages,
in particular in Pelican Street; however, the new basement structure is to remain open at least in
part, which will help to reduce the bulky appearance. Further, timber battening and substantial
landscaping is also being proposed. Given the size of the subject land, greater building setbacks
could be achieved at least to Pelican Street, however it is accepted that this would affect the other
developments on the subject land. It is evident that the applicant is seeking to maximise the
development opportunities on the subject land.
Page 18 of 146
Section 19
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Site Cover, gross floor area and plot ratio
Specific Outcome O6, states:
The site cover, gross floor area and plot ratio of buildings and other roofed structures –
a) results in a building scale that is compatible with surrounding development;
b) does not present an appearance of bulk to adjacent properties, roads or other areas in the
vicinity of the site;
c) maximises the retention of existing vegetation and allows for soft landscaping between
buildings;
d) allows for adequate area at ground level for outdoor recreation, entertainment, clothes
drying and other site facilities; and
e) facilitates onsite stormwater management and vehicular access.
It is noted that other provisions apply with respect to the matter of site cover, however no specific
site cover amount is provided for land included in the Community Services Zone, with the above
provisions being most relevant.
Having regard to the Development Summary Table above, the development as a whole, has a site
cover of about 67.9%, which is substantial. This includes all existing and proposed buildings
including the area of the basement, where the ceiling is 1m or more above the natural ground level.
It is noted that the RSL development alone is mostly located over the south and western portion of
the subject land. The site cover for this part of the development in isolation would be considerably
higher.
For comparison purposes only, outcome O10 provides the amount of plot ratio that is allowed in a
commercial zone, such as the Tewantin Business Centre, as being 0.8:1 for the first 2,000m² of
site area and for the balance area, 0.3:1 in excess of 2,000m². For the subject land this would
equate to a maximum GFA of about 3,005.5m² or plot ratio of about 0.45:1.
Having regard to the Development Summary Table above, the plot ratio for the development is
about 0.54:1, which is considerable. Despite this, it must be noted that the planning scheme does
not provide for a specific plot ratio for large developments included in the Community Services
Zone.
Having regard to the specific outcome (O6), it is questioned that the development is of a scale that
is compatible with surrounding development, given that the basement area is 2m in height towards
the southern end of the site, which also results in reduced building setbacks. Despite this,
substantial landscaping is proposed to the Doonella Street and Pelican Street frontages as well as
other architectural features, which seek to reduce the impact of the proposed built form.
It is noted that some relatively large native trees near the Doonella Street and Pelican Street
frontages will most likely be lost by the development of the basement area, however it should be
possible to provide substantial endemic species in the landscape setback area in Doonella Street.
This will be more limited in the further reduced setback of 2m to Pelican Street.
The issues of stormwater management and water quality have been addressed, however this is to
be achieved by using a manual filtration system and not by bio-retention means.
Roof Form and Character
With respect to the matter of roof form (O13), this specific outcome seeks roof forms that:
a) contribute positively to the local skyline;
b) complement the low density character of the locality;
c) do not present an appearance of excessive bulk to side neighbours;
d) use simple traditional roof designs; and
e) do not create opportunities for residents to overlook the private open space areas of
neighbouring properties.
Page 19 of 146
Section 20
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Some preliminary advice was obtained from an expert architect about the proposed design of the
development. A number of comments were made, however in particular the following comments
are most relevant, …the existing RSL building encapsulates many of the forms of the Noosa Style
of architecture in the way of large eaves, battened screening and pitched room forms.
This issue was raised in the information request made and the applicant subsequently amended
the proposal plans. The amendments replaced the former industrial aesthetic appearance of the
built form with a ‘Noosa’ vernacular, which includes hipped, pitched roof forms with general wide
projections and open framed roof extensions. Further, the proposed roof form is pitched with
relatively large roof overhangs. The building materials are also generally of timber and light weight
appearance, having raked roof forms, which is more in keeping with some of the character aspects
that reflect the Tewantin locality.
It is suggested that the proposed development of Stage 4 makes use of simple traditional roof
designs that will contribute to the local skyline and will not present an appearance of excessive
bulk to neighbouring properties and the streetscape.
Landscaped Setting
The specific outcome seeks that tall trees and native vegetation, which add to the character of the
locality be retained (O14 & O15). There are a number of relatively large native trees within the
subject land near the Pelican and Doonella Street frontages, which form part of the existing
landscaping fronting the at ground carpark area.
The proposed development will provide for about 2m of landscaping to the Pelican Street frontage
and about 4.0m of landscaping to the Doonella Street frontage, in part. Some of this land could be
used for deep planting. It is suggested that the applicant should be required to replace all large
native trees lost from the existing frontage, along with additional substantial planting being provided
in these building setback areas.
The proposed development relies upon the amount of open space on the subject land as a whole,
which provides for about 1,096m² or 16.4%, in accordance with the Overall Site Plan.
Consequently, given the scale of the development being proposed, it is suggested that all of the
open space area should be landscaped with some mature trees being provided. This should
include the open space area beside the new basement area to the north and behind the existing
commercial buildings. This additional landscaping work should help to mitigate the bulky nature of
the development and break up the built form across the site as a whole.
Community Services Zone
For the Community Services Zone, the most relevant specific outcomes are addressed below.
Under specific outcomes O80 and O81, a list of defined uses are provided, which are considered
to be consistent and inconsistent in the Community Services Zone. All Community uses are a
consistent use, as well as Entertainment and Dining Business Types 1 & 2, where located on land
bounded by Poinciana Avenue, Pelican Street, Doonella Street and Diyan Street (Memorial
Avenue), which is the subject land. Consequently, the proposed development is consistent with
the Community Services Zone.
Under the specific outcome O82, the Tewantin-Noosa RSL is specifically mentioned as being an
appropriate use at this location.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code;
Driveways and Carparking Code;
Earthworks Code;
Erosion and Sediment Control Code;
Existing Services Code
Page 20 of 146
Section 21
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Landscaping Code;
Transport, Roads and Drainage Code;
Waste Management Code;
Water Sensitive Design Code; and
Water Supply and Sewerage Code.
The application has been assessed against each of the above applicable codes. The pertinent
issues arising out of the assessment against the codes are discussed below:
Code Discussion
Driveways and The applicant intends to provide a total of 125 carparking spaces (Stage 4) on site for
Carparking the development. This includes the existing 86 parking spaces provided on site and the
Code additional parking provided in the new basement area.
The development proposal was referred to Council’s traffic expert for comment. The
traffic expert has raised some concerns about the carparking generated by the
development in particular the impact upon existing parking areas off site in Doonella
and Pelican Streets. The applicant was requested to provide additional car park survey
information, however this information was not provided.
Having regard to the overall net increase in use area for the bar, gaming and lounge
area, there is a net increase in use area of about 360m². The applicable parking rate
for this part of the development is 1 space per 10m² of use area, which equates to an
additional 36 spaces. Consequently, it is suggested that the proposed development has
provided sufficient additional parking for Stage 4 of the development.
Access to the development is to be maintained as existing off Memorial Avenue with a
new access being proposed off Doonella Street. Another driveway is to be proposed
off Pelican Street, which provides access to the additional parking located above the
basement.
The traffic expert raised an additional concern with respect to the lack of manoeuvring
space for a heavy rigid vehicle to service the development from the new access
driveway fronting Pelican Street. Consequently, a condition is to be imposed to address
this issue, which should result in minor design changes to the proposed built form.
Water Sensitive In response to the information request the applicant has provided a Engineering Report
Design Code & Stormwater Management Plan. The report is satisfactory and deals with the matter
of managing stormwater from the development in terms of the quantity and quality of
water leaving the site. Given the extent of sealed areas existing on site, there is no net
increase in the amount of stormwater runoff requiring detention.
Landscaping Development in the Community Services Zone is to provide a minimum area of 15%
Code with an average frontage width of 2m. As discussed above, having regard to the subject
land as a whole, the proposed development will provide 16.4% of landscaped open
space. This landscaping will need to provide for deep planting and provide for some
significant tree species to off set the more mature vegetation to be lost within the
existing building setback areas as a result of construction of the proposed basement
area.
Page 21 of 146
Section 22
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Overlay Provisions
The following overlay codes are applicable to this application:
Natural Hazard Bushfire & Acid Sulfate Soils.
The proposed development site has a low potential acid sulfate soils risk being on land having an
elevation of 5m-20m AHD, however given that extensive earthworks will be required, a condition
is to be imposed with respect to managing acid sulfate soils on the land.
4. CONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Concurrence
The application was not required to be referred to any State agencies.
Advice
While the site contains a small electricity supply easement for the existing transformer on the site,
it appears that the proposed extension to the existing function and dining area (Stage 4) will remain
behind the roof line and therefore not encroach into this easement area.
4.1. Other Referrals
The application was forwarded to the following internal Council specialists:
Environmental Health; and
Coordinator Engineering
4.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. There were no properly made submissions received.
5. CONCLUSION
The proposed development involves a substantial extension to the existing Tewantin Noosa RSL,
being about 683.62m² of GFA and also including a substantial basement carpark area. The
proposed new development, including the basement carpark area covers a relatively large portion
of the western and southern portion of the subject land, which has a relatively high site cover and
reduced building setbacks.
Following some concerns being raised with the applicant about the original development proposal,
the scale of the development was reduced with the deletion of Stages 5 & 6. Further, some other
design changes were made with respect to maintaining a roof form that reflects the Tewantin
Locality.
There is some concern about the scale of the development on the land as a whole, but in particular
the new basement area for the RSL. Despite this, it is acknowledged that the proposed
development is consistent with the intent of the Community Services Zone and provides for more
than the required 15% landscaped open space for the subject land, when considered as a whole.
Substantial landscaping is required to be provided on the subject land, but in particular at the
Doonella Street and Pelican Street frontages.
Carparking for the proposed extension is considered acceptable having regard to the actual
increase in use area for the bar, gaming and lounge areas. Access has also been considered and
is acceptable, provided adequate provision is made to service the development from Pelican
Street.
Having regard to the nature of the community use, being for an expansion of existing RSL, which
is specifically contemplated at this location under the planning scheme, the development proposal
is recommended for approval.
Page 22 of 146
Section 23
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Departments/Sections Consulted:
Chief Executive Officer x Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
x Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance x Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 23 of 146
Section 24
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Page 27 of 146Section 28
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
2 MCU16/0112 & OPW16/0209 - DEVELOPMENT APPLICATION FOR MATERIAL
CHANGE OF USE FOR A BREWERY, ANCILLARY TASTING AREA & OPERATIONAL
WORKS AT 85 RENE STREET, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM / Application / MCU16/0112 & OPW16/0209
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Raftsea P/L
Proposal Development Permit for Material Change of Use of Premises - Industrial
Business Type 2 & Entertainment & Dining Business Type 1 &
Operation Works for stormwater, landscaping, access and car parking
Properly Made Date 22 September 2016
Information Request Date 20 October 2016
Information Response Date 02 November 2016
Decision Due Date 19 January 2017
Number of Submissions Nil
PROPERTY DETAILS
Property Address 85 Rene Street, Noosaville
RP Description Lot 4 SP 244573
Land Area 4000m²
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Shire Business Centre – Precinct E4
Overlays Biodiversity Overlay – Environmental protection and Enhancement
Natural Hazards Overlay – Potential Acid Sulfate Soils
Assessment Type Impact
Page 28 of 146
Section 29
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting dated
16 January 2017 regarding Application No. MCU16/0112 & OPW16/0209 for a Development
Permit for Material Change of Use of Premises - Industrial Business Type 2 & Entertainment &
Dining Business Type 1 & Operational Works for stormwater, landscaping, access and car parking
situated at 85 Rene, Street, Noosaville and:
A. Approve the application in accordance with the following conditions:
MATERIAL CHANGE OF USE - MCU16/0112
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
02 of 04 K Ground /Site Floor Plan, prepared by Ace Space Design 25.10.16
03 of 04 K Mezzanine Floor Plan, prepared by Ace Space Design 25.10.16
04 of 04 K Elevations, prepared by Ace Space Design 25.10.16
Nature and Extent of Approved Use
3. The Industrial Business Type 2 may operate 24 hours.
4. The Entertainment and Dining Business must not operate outside the hours of 10am
to 12 midnight.
5. Any display and retail sale of goods must remain an ancillary component to the
approved use and must not exceed 20% of the gross floor area.
Building Height
6. The maximum height of the development must not exceed 10 metres above the
finished ground level and the natural ground level.
Performance Bond
7. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000
must be submitted to Council, to secure performance of all conditions of this approval,
prior to arranging the pre-start meeting. The cash bond or trading bank guarantee will
be returned on performance of the conditions of approval less any costs incurred by
Council in respect of enforcing performance of this permit. Council reserves the right
to call upon the bond or guaranteed sum to effect compliance with conditions.
Page 29 of 146
Section 30
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Building Design
8. All air conditioning units or other mechanical equipment must be fully enclosed or
screened such that they are not visible from the street frontages.
9. To improve street appearance the masonry wall to the northern side of the east
elevation must incorporate a mix of materials to provide depth and interest to the
façade. Amended plans must be to the satisfaction of the Chief Executive Officer and
submitted to Council prior to the pre-start meeting for operational works.
Water & Sewer Connections
10. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
11. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to the development site.
ENGINEERING
12. A minimum of 26 car parking spaces and 2 motor cycle spaces must be provided on
the site which includes 1 disabled space.
13. Bicycle parking spaces and end of trip facilities must be provided in accordance with
the approved plans.
14. All car parking areas and access driveways must be line marked and maintained
exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition
at all times.
15. Any awnings and/or other structures must not obstruct or impact on the function of the
loading zone.
Stormwater Drainage
16. Stormwater runoff from the development must be disposed of on-site generally in
accordance with the approved engineering plans without causing scour or damage to
the subject site or any adjoining property.
Electricity and Telecommunication Services
17. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
Landscaping Works
18. The development site must be landscaped. The works must be undertaken in
accordance with the approved landscape plans and Planning Scheme Policy PSP 3
Landscaping Plants and Guidelines.
19. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures healthy,
sustained and vigorous plant growth. All plant material must be allowed to grow to full
form and be refurbished when its life expectancy is reached.
Page 30 of 146
Section 31
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
ENVIRONMENTAL HEALTH
Noise
20. Mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc. must be situated within the building or suitably provided with
noise reduction measures and located as to prevent a noise nuisance beyond the
boundary of the site and not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
(Excludes On-Site Ancillary Dwelling Unit – Caretakers Unit)
PERIOD Noise level at noise sensitive place measured as the
adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm Background noise level plus 5 dB(A)
10pm – 7am Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD Noise level at a commercial place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
21. When requested by Noosa Council, a Noise Impact Assessment Report (NIAR)
showing monitoring and recording of noise levels must be undertaken to investigate
any non-vexatious complaint caused by noise emissions from operations at the
premises. Such monitoring must be undertaken and completed within a reasonable
and practicable timeframe as nominated by council and be performed by a suitably
qualified and experienced person.
The NIAR must be submitted to Council detailing the results of such monitoring and
recommendations for any measures to achieve compliance with limits outlined in
Table 1 of this Decision Notice.
22. Measurement of sound pressure levels (adjusted for tonality and impulse) must be in
accordance with Australian Standard AS1055.1 “Acoustics – Description and
measurement of environmental noise – General procedures”.
For the purpose of measuring and certifying relevant noise conditions and reporting
(eg. mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc ), a suitably qualified person is either:
a. a Registered Professional Engineer of Queensland, or
b. an environmental consultant with a minimum of 3 years current experience in the
field of acoustics.
Page 31 of 146
Section 32
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Outdoor Lighting Devices
23. Lighting associated with the use must be designed, sited, installed and tested to comply
with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive
effects of outdoor lighting” using a control level of 1.
24. Certification must be submitted to Council from a qualified person which certifies that
all outdoor lighting devices comply with the requirements of this Decision Notice at the
time of commissioning.
For the purpose of certifying outdoor lighting devices for the development, a qualified
person is:
a. a Registered Professional Engineer of Queensland;
b. an environmental or electrical design consultant with a minimum of 3 years current
experience in the field of outdoor lighting.
Odour
25. Odour emissions must be managed in accordance with the Noise and Odour
Assessment Noosa Micro Brewery prepared by GHD Pty Ltd and dated 17 August
2016.
Waste Disposal
26. 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”. The facilities must include an external impervious area
correctly sized for all refuse and recycling containers and suitably screened from public
places and neighbouring properties. A bin wash area is required with a cold-water tap,
hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be
designed to prevent storm water entry to the sewerage system. This can be achieved
with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively
the waste area can be roofed, or any other design approved by Council.
27. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
OPERATIONAL WORKS – OPW16/0209
Approved Plans
1. Development undertaken in accordance with this operational works approval must
generally comply with the approved plans of development. The approved plans are
listed in the following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
02 of 04 - K Ground/Site Plan, prepared by Ace Space Design 25.10.16
Project No: 15.253
26232 – 0W3 Operational Works: Earthworks & Retaining Wall Plan, Aug 2016
prepared by SCG Consulting Engineers
26232 – 0W4 Operational Works: Driveway & Access Plan, prepared Aug 2016
by SCG Consulting Engineers
LD 1 A Specifications, prepared by Anembo Consultants 8.9.16
LD 2 A Details, prepared by Anembo Consultants 8.9.16
LD 3 A Schedules & Legend, prepared by Anembo 8.9.16
Consultants
Page 32 of 146
Section 33
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Plan No. Rev. Plan/Document Name Date
LP 1 A Landscape Plan, prepared by Anembo Consultants 8.9.16
LP 5 A Landscape Plan, prepared by Anembo Consultants 8.9.16
Landscaping Works
2. Four (4) suitable native trees with a pot size of 45 litres must be planted evenly spaced
to the garden adjoining the front boundary (between the entry and exit points).
3. All landscape works must be constructed and undertaken generally in accordance with
the approved plans and conditions detailed in this Decision Notice.
4. Turfed areas within the Rene Street road reserve must:
a. Join smoothly and level with adjoining surfaces.
b. Be free of disease, pest, weeds, rock and debris.
5. Landscape works must:
a. In accordance with Planning Scheme Policy PSP 3 Landscaping Plants and
Guidelines.
b. Take all measures to prevent Fire Ants (or any stages of the fire ant life cycle)
entering the work site.
c. Take all measures to prevent Myrtle Rust infection.
d. Not obstruct overland flow paths and must include adequate drainage to
minimise ponding. Mulch or any floatable material must not be located in swales,
overland flow paths or around grated drains.
e. Not encroach onto kerb and channel, footpaths, pedestrian or vehicular/
circulation areas.
f. Not restrict access to service meters.
g. Delineate all garden to grassed area interfaces with a hard edge.
h. Ensure sales signage and ancillary infrastructure is not installed within the road
reserve.
i. Ensure permanent irrigation is not installed within the road reserve.
j. Ensure all weeds and debris are removed from planting areas prior to planting.
k. Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free
of foreign matter including anthropogenic waste, rock, soil / sediment
contamination and is applied to ensure a minimum 100mm depth once settled.
6. Soil provided for landscaping must provide for the site specific vegetation performance
objectives.
7. All landscape works must be completed prior to the commencement of use.
PRIOR TO COMMMENCENT OF WORKS
Engineering
8. At least 5 working days prior to any works commencing, written advice must be
provided to Council detailing:
a. The name, contact details and ACN for the supervising Registered Professional
Engineer of Queensland (RPEQ) and Principal Contractor.
Page 33 of 146
Section 34
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
b. Proposed dates for commencement and completion of construction.
9. The principal contractor must have all the appropriate insurance and public liability
documentation to carry out the works. The principal contractor is also responsible to
ensure that any subcontractors also have the appropriate insurance and public liability
documentation. Certificates demonstrating currency of public liability insurance and
works insurance covering the works must be submitted to Council prior to the prestart
meeting.
10. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart meeting*. The contact number to arrange a prestart meeting is 5329
6291. The prestart meeting must include the relevant parties for the following aspects
of the works:
a. Civil engineering works.
b. Landscape works.
c. Erosion and sediment control works.
* (Refer to Advisory Note)
11. Copies of the approved plans duly signed by the consultant Registered Professional
Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer
Construction at the “prestart” meeting.
12. A detailed condition report including photographs of the frontage of the site and the
access driveway for construction must be completed and submitted to Council prior to
the prestart meeting.
13. A condition report including photographs of all fences and retaining walls bordering the
site and any buildings, structures, pathways, landscaping features etc on adjoining
properties that could potentially be impacted on by the proposed earthworks and
construction works must be completed and submitted to Council prior to the prestart
meeting.
14. A Construction Management Plan must be submitted to Council for approval prior to
the prestart meeting and must specifically include/address the following:
a. Traffic Management during all aspects of the construct phase including:
i. A Traffic Management Control Plan in accordance with Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures to be installed prior to construction.
ii. Fencing to the work site during the construction phase to ensure the safety
of the public and the road users.
iii. Sufficient parking arrangements for trucks, machineries and construction
workers without adversely impacting on traffic movements on the shared
driveway on the access easement and/or the public road.
b. Maintenance and protection of water quality and existing drainage lines through
the construction site through the implementation of appropriate erosion and
sediment control measures.
c. Works programme identifying key components of the works and their respective
durations.
d. The proposed dates for the commencement and the completion of the works.
e. Effective procedures and measures to minimise adverse environmental impact
on other properties and roads users including noise and dust emission.
Page 34 of 146
Section 35
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
f. Establishment of a communication protocol with the adjoining owners
(particularly the users of the shared access driveway) and any other affected
parties to advise of construction times, impacts on traffic and services and any
other relevant issues.
g. Identification of communication and complaint management procedures
including:
i. Contact details for the on-site manager.
ii. Dispute resolution procedures.
15. Any changes to the details associated with the supervising RPEQ or Principal
Contractor during construction, must be notified to council in writing within five business
days of the change occurring.
16. Any alteration to existing services or conflict between the development and an existing
or proposed service must be referred to the relevant service authority for determination
prior to commencement of works.
General
17. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets
must be repaired immediately where it creates a hazard to the community. In
circumstances where the damage does not create a hazard to the community, it must
be repaired immediately on completion of the works associated with the development.
18. All works must be supervised by a Registered Professional Engineer of Queensland
(RPEQ) who is independent of the Developer and Principal Contractor, and they must
certify that all works conform to the Operational Works permit. Where municipal works
are involved, such confirmation must be submitted for the respective hold points prior
to any site inspection by Council Officers.
19. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans and conditions detailed in this Decision Notice.
b. All relevant Noosa Council Planning Scheme Policies, standard drawings,
standard specifications and guidelines, particularly PSP 5 – Engineering Design
Standards – Roads, Drainage and Earthworks.
c. The latest version of the Healthy Waterways document “Water Sensitive Urban
Design Technical Design Guidelines for South East Queensland” for all water
quality devices to be constructed on site.
DURING CONSTRUCTION
Driveways and parking
20. The following must be complied with during the construction of the required driveways
and parking areas:
a. The driveway must be constructed so as not to concentrate stormwater runoff or
ponding onto other properties and/or the road verge.
b. Parking areas must be line marked in accordance with the approved plans
c. For public safety, the finish levels of crossover must ensure smooth transition to
existing surfaces such as the grassed verge and existing concrete driveway.
d. Where applicable, underground service conduits for water supply, electricity and
any other services must be provided as part of the access driveway works.
Page 35 of 146
Section 36
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
e. Have a minimum clearance of 500mm from any Unitywater/Telstra asset, unless
a written approval is obtained from Unitywater/Telstra and submitted to Council.
21. Pavement design for privately owned works must be undertaken in accordance with
the relevant standards and be designed and constructed to comply with the Disability
Discrimination Act (DDA), Access to Premises Standard and relevant sections of
AS1428 Design for access and mobility. Structural integrity of the driveway and car
park areas will remain the responsibility of the property owner/developer and must be
certified by an RPEQ.
Earthworks
22. All earthworks associated must be undertaken in accordance with the provisions of AS
3798 Guidelines on Earthworks for Commercial and Residential Development, with
geotechnical supervision and testing undertaken in accordance with Section 8 of the
Standard, and to a minimum of ‘Level 2’ as defined in Appendix B and the approved
plans.
23. All Earthworks and construction works must be carried out taking into consideration the
protection of any existing above and below surface services, and the stability and
protection of fences and any buildings and structures on the adjoining properties.
Damage to Services and Assets
24. Any damage caused to existing services, streetscape and assets (including kerb and
footpath) as a result of the development works must be repaired at no cost to the asset
owner at the following times:
a. Where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. Where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
Erosion & Sediment Control
25. A construction hold point must be established with a council delegate and supervising
RPEQ prior to commencement of cut to fill earthworks for each stage of the
development. The hold point must be held as soon as reasonably practical and prior to
the first rain event forecast following initial tree clearing or removal of soil stabilising
material for each stage. At the hold point inspection, all required sediment basins,
drains and bunds to divert waters away from disturbed soil or soils about to become
exposed through cut to fill activities must be installed. All areas that will not require
earthworks in the imminent cut to fill operation must be stabilised to prevent
entrainment of sediments into receiving waters.
26. Cut to fill earthworks must not commence until after the Supervising RPEQ has certified
that all installed erosion and sediment controls required by this approval are sized in
accordance with conditions of the approval and the written acceptance of the
certification is provided to the supervising RPEQ by Council officers.
27. Offsite run-off must be diverted around exposed soils on the site without entraining
additional sediments. Discharge from measures to divert the offsite water must not
cause run-off impacts to other properties. Measures installed to divert the upstream
water must be designed and certified by the supervising RPEQ and installed prior to
commencement of bulk earthworks.
Page 36 of 146
Section 37
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
28. Any temporary drainage works to manage stormwater flows during the construction
phase of development must be designed by the supervising RPEQ to provide a 150mm
freeboard and convey the following flow capacities without resulting in visible scour
within flow paths:
a. 1 in 2 year event where disturbed area open for less than 12 months
b. 1 in 5 year event where disturbed area open for 12-24 months
c. 1 in 10-year ARI event where disturbed area open for 24 months
d. Minimum 1 in 1 year ARI Hydraulic capacity for temporary culvert crossings
29. E&SC measures must be installed and maintained to ensure any waters discharged
from the site up to and including a 85%ile 5 day rain event (or 46mm rainfall
event) contain less than 50mg Total Suspended Solids per litre. All relevant measures
detailed in the International Erosion and Sediment Control Book 2008 or Sunshine
Coast Manual for Erosion and Sediment Control must be installed to minimise the
amount of sediment leaving the site in rainfall events that exceed 85%ile 5 day or
46mm.
30. Peak 1-year ARI event discharge from the construction phase of development must be
equivalent to the pre-development peak 1-year ARI event discharge. Measures
included in calculations to achieve management of peak flows must be incorporated
into the development in a manner that is consistent with the Noosa Plan, all conditions
of the approval and does not interfere with adjoining properties.
31. Prior to the completion of the development, all site surfaces must be effectively
stabilised. For the purpose of this condition, an effectively stabilised surface is defined
as one that does not, or is not likely to result in visible evidence of soil loss caused by
sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Water Sensitive Design
32. All hardstand areas must drain to a bioretention basin with active filter media area sized
to be 2.2% of the contributing catchment. Active filter media area is the area of the
bioretention basin surface that is not covered by any impermeable structure such as a
sediment forebay, inlet pipe riser, etc.
33. Amended drawings must be provided to Council for approval prior to arranging a pre-
start meeting. The amended stormwater drawings must:
a. demonstrate that each catchment on site drains to a bio retention basin sized to
2.2% of the catchment area. The bioretention basins must be constructed in
accordance with those drawings.
b. demonstrate that appropriate detention is provided to not increase peak flow
runoff from the site in a Q1, 5, 50 and 100 year event. The appropriate detention
infrastructure must be installed in accordance with those drawings.
34. Prior to the commencement of use, the supervising RPEQ must certify that all
hardstand areas of the development drain to necessary detention tanks as well as a
bioretention device designed and constructed in accordance with all relevant
conditions of this approval, the Water by Design Bioretention Technical Design
Guidelines, relevant aspects of the IPWEAQ Standard Drawing WSUD-drawing series
and Construction and Establishment Guidelines: Swales, Bioretention Systems and
Wetlands (Water by Design, 2009).
Page 37 of 146
Section 38
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
35. During construction and establishment of the bioretention devices, the supervising
RPEQ must certify forms contained in section 3.15 of the Construction and
Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by
Design, 2009). These forms and certification must be submitted to council prior to the
sealing of the survey plan.
36. A construction hold point must be established with a council delegate once the
bioretention device underdrainage pipe work is installed. At the time of inspection, a
sample of the drainage layer, transition layer, and filtration media materials must be
stockpiled onsite accompanied by laboratory results that demonstrate that the media
complies with the specifications contained in the latest version of the Guidelines for
Soil Filter Media in Bioretention Systems (Facility for Advancing Water Biofiltration) and
that the minimum hydraulic conductivity of 180mm/hr or as specified on the approved
engineering plans will be achieved. The drainage layer, transition layer, and filtration
media materials shall not be installed until the catchment draining to the bioretention
device has 80% groundcover as determined by council’s delegate.
37. Eighty per cent (80%) of the catchment flowing to the bioretention basin must be
effectively stabilised prior to the construction hold point for the Bioretention device.
38. Following the commencement of use, the bioretention devices must be regularly
maintained in accordance with the Water By Design Maintain Vegetated Assets
Guideline. Records of all maintenance activities must be retained on site for 5 years
and made available to Council Officers on request.
Bioretention Devices - Landscaping
39. Landscaping must include a mixture of at least five of the following species for planting
in the bioretention basin extended detention surface at a minimum density of 8
plants/m²:
a. Carex appressa
b. Carex fascicularis
c. Ficinia nodosa
d. Juncus usitatis
e. Lomandra longifolia
f. Ghania sieberiana
40. Landscaping for the areas surrounding the bioretention basin filter media footprint must
be arranged to minimise shading to the filter media footprint are. Suitable plants include
the following:
a. Carex appressa
b. Carex fascicularis
c. Ficinia nodosa
d. Juncus usitatis
e. Lomandra longifolia
f. Ghania sieberiana
g. Banksia robur
h. Dianella brevipendunculata
i. Themada triandra
j. Cymbopogan refractus
k. Melaleuca thymifolia
Page 38 of 146
Section 39
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
41. Where landscaping/garden beds are proposed adjacent to the bioretention basin, or
where the basin is located adjacent to naturally forested areas, a 900mm deep root
barrier must be installed to the interface between the landscape/garden/forest area and
the bioretention basin to prevent root intrusion to the biobasin infrastructure.
42. Where required, mulch within the batters of bioretention basins must be installed in a
manner that it will not escape into receiving stormwater drainage infrastructure or water
courses.
Bioretention Devices - Education
43. The development must provide approved permanent signage to educate the public on
the function of the bioretention basin. The wording for the signage for each bioretention
basin is to include: “BIORETENTION BASIN - This bioretention basin reduces the
pollution of our waterways by reducing the amount of heavy metals, litter, suspended
solids, and nutrients discharged to Eenie Creek”.
FOLLOWING CONSTRUCTION
Certification
44. Upon completion of the work and prior to the final inspection a certificate must be
issued by an RPEQ certifying that the works have been constructed in accordance with
the Operational Works permit and applicable engineering standards.
45. A final inspection and approval of the completed works by Council’s Inspector is
required. Please contact Council on 5329 6291 to arrange for the inspection.
B. Find that the tasting room and associated kitchen and preparation area is ancillary and
complementary to the primary industrial use on-site and will not cause any reverse amenity
issues and therefore is sufficient grounds to justify the decision despite the conflict with the
Planning Scheme.
REPORT
1. PROPOSAL
The application seeks approval for Industrial Business Type 2 being for a brewery of alcoholic
beverages and Entertainment and Dining Business Type 1 food and beverage for an ancillary
product tasting room and associated kitchen.
The built form consists of tilt panel construction with a colorbond roof, extended awnings and
eaves. The brewing vats are proposed to be seen from the street through glazing and a defined
covered entry located to the southern side of the building incorporates a variety of material finishes.
Figure 1 below shows perspectives of the proposal.
Page 39 of 146
Section 40
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Figure 1 – Perspectives viewed from the street
The industrial business consists of brewing, bottling and storage of alcoholic beverages with the
built form and internal layout reflective of the use as seen in Figure 2 below. The brewery includes
equipment for milling, fermentation, filtration, packaging and a laboratory for quality control. The
entertainment and dining business use allows for beverage tasting, retail sales, local hospitality
promotional nights, craft beer industry nights and occasional product launches. Food for these
events would be offered from the kitchen which is proposed to be wood-fired pizzas and the like.
Page 40 of 146
Section 41
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Figure 2 – Proposed layout
Page 41 of 146
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
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Page 41 of 146Section 42
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
The total gross floor area for the proposal is 1700m² which includes:
1582m² (including 2 mezzanine floors) for the industrial business
118m² tasting room, kitchen and associated food preparation areas
The applicant seeks the following operating hours:
24 hours, 7 days per week for brewing and bottling
10am to 12 midnight for the tasting room
It is proposed that at full production a total of 10 staff will be employed and on site (potentially) with
operations producing up to 10 million litres of alcoholic beverage per annum.
The applicant proposes 26 car spaces and 2 motor cycle spaces which are located to the front of
the building and along the northern boundary. The stormwater management and treatment system
is incorporated throughout the site and the existing swale to the frontage addresses run off from
the existing driveway.
The application is before Council as the Entertainment and Dining Business Type 1 food and
beverage use (tasting room and kitchen) is an inconsistent use in Precinct E4 of the Shire Business
Centre zone.
2. SITE DETAILS
2.1. Site Description
The site is a rectangular shaped 4,000m² lot, which is relatively flat and void of vegetation. The lot
was one of 7 created within the southern portion of Precinct E4, which are accessed via a common
internal access road across the frontage of the lots within an access easement. Existing drainage
swales and infrastructure have also been constructed at the frontage and provide a discharge point
for stormwater.
2.2. Surrounding Land Uses
To the west are industrial uses within the Industry Zone. To the south are further industrial uses
located in Precinct E3 of Shire Business Centre Zone. To the south east and approximately 170m
along Hofmann Drive are 30 recently completed residential units. To the east directly across Rene
Street, an environmental reserve and to the northeast is Noosa Civic. To the north is vacant land
within the Shire Business Centre zone. Directly adjoining to the south is a food distribution
warehouse. A locality map and aerial photograph of the site is shown in Figure 3 below.
Page 42 of 146
Section 43
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Figure 3 – Aerial showing the location and surrounding land uses
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Page 43 of 146
Section 44
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policy
State Planning Policy mapping identifies the following applicable layers:
Climatic regions – stormwater management design objectives
Flood hazard area – Local Government Level 1 and Local Government flood mapping area
The above State Planning Policy has been deemed by the Minister for Local Government and
Planning as appropriately reflected in the Planning Scheme and therefore does not warrant a
separate assessment.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint area of the SEQ Regional Plan and the proposal is
consistent with the regional policies of the SEQ Regional Plan.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality, is zoned Shire Business Centre and within
Precinct E4 of the zone. The proposed industrial use (brewery) is identified as a consistent use
within the precinct and would be required to follow a code assessable application process.
However, the proposed food and beverage component, being for the tasting room and kitchen, is
an inconsistent use in Precinct E4 and the application is therefore required to follow an impact
assessable application process. It is noted the development as a whole (combined industrial use
and food and beverage use) is not consistent within any zone of The Noosa Plan.
Locality Provisions
The planning scheme seeks to ensure that uses in Precinct E4 provide for an expansion of the
Noosaville Industrial estate and are compatible with the Business Uses existing in Precinct E3 such
as the retail and commercial uses within the Noosa Civic shopping precinct.
The Noosaville Locality Code is most relevant and provides the following overall Outcomes for new
uses:
Overall Outcome 11.7.2 reads:
11.7.2 The overall outcomes sought for the Noosaville Locality are the following—
a) New uses and works are located, designed and managed to—
i be compatible with other uses and works;
ii maintain the safety of people and works;
iii avoid significant adverse impacts on the amenity enjoyed by users of other
premises, including acoustic and visual qualities; and…
vi provides important industries and service-related businesses to the whole of
Noosa, but particularly the coastal area and the north-east area of the former
Maroochy Shire
AND
Specific Outcomes O146, O147 & O148
O146 Development provides for the expansion of the Noosaville Industrial Estate;
O147 Development in Precincts E4 and E5 recognises the role these precincts play in linking the
Noosaville Industrial Estate to the Business Uses and open space functions within the Shire
Business Centre site;
Page 44 of 146
Section 45
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
O148 The nature, design and operation of any use in Precinct E4 and E5 is compatible and has
strong relationships with development in other precincts, in particular, Business Uses in
Precinct B3;
The following Outcome is also relevant as development in Precinct E4 of the Shire Business Centre
zone is required to meet the Specific Outcomes of the Industry zone:
Specific Outcome O190
O190 Uses are predominantly of an industrial nature ordinarily expected in an industrial estate
with ancillary uses compatible with industrial businesses
The proposal plans indicate a 22.5m building setback to Rene Street and the site is opposite an
environmental reserve which provides substantial separation to the nearest residential use, some
160m to the south east. While the proposal is compatible with the neighbouring food distribution
and packaging use with the car parking and garden areas providing separation to the proposed
food and beverage use. The building and car parking area provides a buffer to the adjoining
undeveloped industrial land to the north and to the established industrial uses to the rear. It is also
considered that sufficient separation is provided between surrounding industrial uses to mitigate
any potential reverse amenity issues.
The applicant seeks 24 hour operation for the brewing use and 10am to 12 midnight for the tasting
room. The brewing use itself does not generate noise emissions that would not be reasonably
expected in a commercial area (forklift, boiler, bottling plant and packaging noise) and raises no
concern. However, the applicant has provided a Noise and Odour Assessment prepared by GHD
Pty Ltd which indicates the proposal, as a whole, with the ‘use of masonry walls and the orientation
of the building is considered appropriate from an acoustic perspective with respect to the level of
impact anticipated on surrounding sensitive receivers’. The assessment goes on to suggest that
‘Noise levels at all sensitive receivers generated by the proposed development are expected to be
below the acoustic objectives outlined in the Environmental Protection (Noise) Policy 2008’.
The proposal has the potential to emit odour and negatively impact on surrounding land uses. The
applicant proposes best practice technology to mitigate odour emissions. The applicant’s Noise
and Odour Assessment states:
‘Odour from the brew kettle will be generated during wort and hop boiling along with small
quantities of steam. The brewery will install a mechanical vapour condenser directly on the
brew kettle that will draw any odours from the brewing process into a condenser where the
soluble fractions will be transferred to a liquid waste and will enter the water treatment system
while capturing waste heat for reuse’…
The report concludes:
‘The generation of steam through the brewing process is likely to contribute the highest risk of
odour impact. This process has been designed such that odour generation will be managed
in its entirety by containing and condensing all steam and directing this into the process chain’.
‘…work practices will prevent the build-up of spent grain which may also contribute to odour
generation. The beneficial reuse of this waste product for commercial gain will promote the
regular transport of this product from site, thereby further reducing the risk associated with
odour impacts on sensitive receivers in proximity to the proposed brewery’.
The applicant has demonstrated that it is unlikely noise or odour from the proposal will have a
negative impact on the nearby and surrounding sensitive receptors.
The applicant expects the brewery to supply not only the local Noosa Shire market but export
market growth into the future. There is currently no brewery of this scale in Noosa Shire and the
proposal will provide some economic diversification locally.
Page 45 of 146
Section 46
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
The inconsistent component being the tasting room and associated kitchen is an integral part of a
brewery business model. Notwithstanding the proposed business model, it is important to note, the
76m² (use area) tasting room is not proposed as a stand alone food and beverage use, but is
ancillary to the primary compliant industrial use on site; the brewing of alcoholic beverages.
Specific Outcome O105 of the Noosaville Locality Code seeks that development in the Shire
Business Centre zone incorporates built form elements that create visual interest from the street.
The proposal provides some articulation and variety of material to the entry but a portion of the
façade is painted masonry and does not contribute to an interesting façade. To improve the street
appearance a condition could be included to incorporate some additional treatment to improve the
elevation.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Landscaping Code
Engineering Works Codes
The application has been assessed against each of the above applicable codes. The key planning
parameters are outlined in Table 1 and issues arising out of the assessment against the codes are
discussed below.
Table 1 - Development Parameters
Criteria Planning Scheme Proposal Complies
Landscaped open space 400m² = 10% min 323m² = 10.5%
Landscaping Setbacks 6m to building – N/A N/A
2m to uncovered N/A
carparking 4m to the existing
internal driveway
Building height
storeys 2 storeys max 2 storeys
metres 10 metres 10 metres
Boundary setbacks
Frontage – Rene Street 6 metres min 22.5 metres
North side 0 metres 13.9 metres
Southern side 0 metres 1 metres
Rear (western) Side 0 metres 9.8 metres
Carparking (use area m²)
Industrial Business (1584m² including 22 18
mezzanine)
Tasting room (76m²) 8 8
Total req. 30 spaces 26 plus 2 motor
cycle spaces X
Bicycle Spaces 18 bicycle spaces 18 bicycle spaces
End of Trip Facilities* 9 locker per 2 bicycle 10 lockers
*(required only where 5 + spaces are spaces and;
required) 1 shower cubicle with 2 shower cubicles
ancillary change room per
10 bicycle spaces
Page 46 of 146
Section 47
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Car parking
The Planning Scheme requires 30 spaces to be provided on site. The proposal provides 26 spaces
plus 2 motor cycle space (~0.5 car space) and therefore deficient of 3.5 spaces. The applicant
justifies this deficiency on the following basis:
‘If 13 carparks adjacent to the northern boundary are allocated for staff (in excess of the
number expected to be employed), then the 13 spaces located in front of the building can meet
the demand for the food and beverage use’.
The Code requires that car parking is provided to accommodate the number of vehicles likely to
be generated by the development. The applicant indicates that in full production 10 employees
could potentially be on site. Assuming each employee uses a vehicle, this equates to a maximum
of 10 spaces used, leaving 16 spaces and 2 motor cycle spaces for the food and beverage use,
which is in excess to that required by the Code for that use (8 spaces). Furthermore, should the
use of the building change over time to a full industrial use on site, then the quantity of car spaces
proposed would exceed that required. It is considered the proposed car parking of 26 spaces and
2 motor cycle spaces is sufficient for the intended use and any potential future use of the site.
Engineering
The applicant has provided stormwater management, swept paths, landscaping plans and relevant
civil engineering drawings demonstrating compliance to relevant codes and standards.
4. CONSULTATION
4.1. Referrals
The application was forwarded to the following internal Council specialists:
Engineering Officer
Waste Officer
Environment Officer
Water Quality Officer
4.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. No submissions were received.
5. CONCLUSION
The brewing component of the proposal is a consistent use within the zone and precinct but the
food and beverage use (tasting room and associated kitchen and preparation areas) is
inconsistent. The Planning Scheme does not provide any real support for the food and beverage
use in the Precinct. However, the use is not stand alone but is small scale and considered ancillary
to the primary industrial use on site with sufficient separation from other nearby uses so as not to
raise any adverse impacts or reverse amenity issues. As a whole, the brewery is considered low
intensity, a good transitional use between the Industry and Shire Business Centre zones and
compatible with the surrounding and nearby land uses.
The proposal does not meet the Probable Solution for quantity of car spaces on site but it is
considered car parking on site is sufficient to accommodate the intended and any potential future
use of the site.
The food and beverage use is ancillary and complementary to the primary industrial use on-site
and will not cause any reverse amenity issues and therefore is sufficient grounds to justify the
decision despite the conflict with the Planning Scheme.
The proposal does not raise any other significant planning concerns and is recommended for
approval, subject to conditions.
Page 47 of 146
Section 48
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Departments/Sections Consulted:
Chief Executive Officer X Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 48 of 146
Section 49
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Page 49 of 146
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Page 49 of 146Section 50
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
3 FURTHER REPORT MCU16/0066 & OPW16/0133 APPLICATION FOR SERVICE
STATION, CONVENIENCE SHOP & FOOD OUTLET & SIGNAGE AT 6 TAYLOR COURT,
COOROY
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM / Application / MCU16/0066 & OPW16/0133
Attachments 1. Proposal Plans
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Development Planner to the Planning and Environment
Committee dated 6 December 2016 and the Further Reports to the General Committee Meetings
dated 12 December 2016 and 16 January 2017, and refuse Application No. MCU16/0066 &
OPW16/0133 for a Development Permit for Material Change of Use of Premises - Retail Business
Type 2 Shop & Type 5 Vehicle Uses, Entertainment & Dining Business Type 1 - Food & Beverages
and Operational Works for Signage, situated at 6 Taylor Court, Cooroy for the following reasons:
1. The development raises conflicts with The Noosa Plan and its current and future land use
intent for the subject site and water supply catchment area.
2. The proposal is not conveniently located or readily accessible for the local community and
will not provide a significant benefit to that community.
3. The development will adversely impact on the local villages and towns by reducing patronage
to these centres and therefore will not improve community wellbeing.
4. The proposal is contrary to the SEQ Regional Plan’s Regional Policy 11.5.1 to identify and
protect existing and potential drinking water catchments from inappropriate land use as the
development would pose an unacceptable risk to water quality.
5. The proposal is contrary to the Environmental Protection (Water) Policy for Mary River
Environmental Values and Water Quality Objectives as the proposed surface water quality
exceeds these objectives in relation to Total Nitrogen and Total Phosphorous and the
applicant has not addressed the impact the in-ground storage of fuel will have on ground
water.
6. The proposal fails to meet the Plan of Development for the site, including the provision of a
10 metre landscape buffer to visually screen the development from the Bruce Highway.
7. The proposed illumination of the advertising devices is contrary to the Advertising Devices
Code and the intent of the Plan of Development for the site.
Page 50 of 146
Section 51
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
FURTHER REPORT
1. BACKGROUND
A report on this application was considered by the Planning and Environment Committee on 6
December 2016 (Item 1, Page 3), and at the General Committee Meeting on 12 December 2016
(Item 3, Page 3). At the Ordinary Meeting on 15 December 2016 the application was deferred.
Council deferred the application as the applicant provided additional information and further time
was required to assess the information.
The applicant provided the following further grounds for approval.
1.1. Assessment of the applicant’s further grounds for approval
Applicant’s ground
‘There is a recognised need for a service station that services a highway catchment in this
location. The proposal will assist with fatigue management, will provide food, toilets, children’s
play areas, tourist information and could also provide emergency vehicle towing. These are
significant community benefits not just for the residents of Cooroy but for visitors to the Noosa area
and other motorists using the highway’.
Assessment
Council’s external economic consultant, Location IQ, agrees there is a gap in highway based
service centres and some demand exists as a result. However, as outlined in previous reports to
Council, this is considered to provide limited community benefit and there is no need for an
additional service station in Cooroy.
Applicant’s ground
‘The plan of development for the estate is now 10 years old and the industrial estate remains vacant
(except for temporary uses). The proposal is likely to act as a catalyst for the development of other
sites in the Nandroya industrial estate. The proposal will bring motorists into the estate creating
exposure to other industrial sites that would not otherwise occur. This exposure will increase the
attraction of these vacant lots to potential purchasers and tenants. This is a significant community
benefit.’
Assessment
Location IQ agrees that a service station may attract uses such as fast food, car wash and the like
but is not a real catalyst for the uses the Planning Scheme seeks for the site.
Applicant’s ground
‘Advancements in technology (e.g. water quality treatment technology, underground fuel tank
design etc) since the adoption of the plan of development enable other uses that typically occur in
industrial zoned areas of the Council area to be considered in the Nandroya industrial estate. The
Noosa Plan identifies the Retail Business Type 5 Vehicle Use (e.g. a service station) as being a
consistent use in the Industry zone in numerous localities across the Shire, including in other
industrial zoned sites in the Cooroy & Lake Macdonald locality.’
‘The site is within the Lake Macdonald water supply catchment but is on land that is already
committed for urban development purposes. SEQ Water is the owner of the dam and the proposal
complies with SEQ Water’s preferred water quality criteria. SEQ Water has not objected to the
application. Council’s Water Quality officer has confirmed that the application could be conditioned
to comply with the relevant water quality requirements.’
‘The planning scheme policy from Brisbane City Plan 2014 includes best practice requirements for
underground fuel tank designs and leak detection systems. These are attached here (see
highlighted sections). Council can impose conditions such as these as part of any approval in order
to ensure that appropriate protections are in place.’
Page 51 of 146
Section 52
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Assessment
To date the applicant has not demonstrated the proposal can comply with the provisions of the
Environmental Protection (Water) Policy 2009 for Mary River Environmental Values and Water
Quality Objectives or the Plan of Development’s water quality objectives. As outlined in the
previous reports, it is likely the development’s layout would need to change to meet the water
quality objectives.
Notwithstanding the improvement in underground petroleum storage system (UPSS) technology,
the proposal is located in Lake Macdonald’s water catchment and the Planning Scheme takes a
precautionary approach in respect to the catchment to protect the quality of water entering Lake
Macdonald.
Applicant’s ground
‘It is estimated that 70-80% of trade from this proposal will come from passing motorists along the
highway. The remaining 20-30% will come from within the trade area. This does not mean that
there is a 20-30% impact on the trade of any single service station in Cooroy or Pomona or
elsewhere. The actual impact is in the order of 11% on any individual facility which is not considered
to be significant. The proposal will capture trade that would otherwise be captured by other highway
services stations that are located outside the Council area’.
Assessment
The applicant has not clearly demonstrated the impact would be as low as 11% as indicated by
Location IQ. The proposal has the potential to reduce the number of motorists that enter Cooroy
and Pomona villages for fuel, food and amenities if they are available at the side of the highway.
Applicant’s ground
‘The proposal is estimated to generate the following construction and operational employment
numbers:
Construction
8 full time equivalent workers in construction (more actual workers on site, but 8 FTE –
annualised workers in construction of the project).
A flow-on or indirect impact of some 5 FTE workers.
Operation
Service station = 8 full time, part-time and casual positions.
Fast food = 22 full-time, part-time and casual positions.
A flow-on or indirect effect of 17 workers within the economy as a result of the operation of
the facility’.
Assessment
A compliant use could employee similar persons, but it is agreed that employment is a benefit to
the community.
Applicant’s grounds
‘Proposed advertising signage is consistent with the requirements of the Department of Transport
and Main Roads’ Roadside Advertising Guideline and can be conditioned to comply with Council’s
Advertising Devices Code.’
Assessment
The proposal is somewhat reliant on visibility which is contrary to the Plan of Development which
seeks to screen development within the estate from the highway.
Page 52 of 146
Section 53
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Applicant’s grounds
‘The Retail Business Type 2 – Shop & Salon use is associated with the service station component.
The operation, use and function of this part of the building will be primarily related to the service
station. The sale of retail goods is considered to be complimentary to and typical of a modern
service station’.
‘Fast food drive-through facilities and shops are typical components of such service stations and
will address the needs of highway travellers’.
‘The site is adjacent to the Bruce Highway and otherwise adjoins Industry zoned land. The site is
well separated from residential uses, with the nearest house being located approximately 330m to
the east’.
Assessment
Agree.
Applicant’s ground
‘The Plan of Development for the industrial estate did envisage a 10m landscape buffer along the
Holts Road frontage of the estate however the majority of the land set aside for this buffer has
been acquired by the state government, the vegetation removed and the Holts Road alignment has
been located closer to the site – see Figures 1 & 2. The buffer was originally intended to screen
large, 10m high industrial sheds from the motorway. The proposal is not for a large industrial shed.
In comparison to an industrial shed, the proposed service station and food outlet are contemporary,
attractive buildings with high levels of glazing and a much smaller building footprint. Total screening
of such uses is not required. The proposal provides for low and medium landscaping of 5-10m
width along the Holts Road frontage. Council could condition additional low-medium landscaping
along Holts Road’.
Assessment
Medium sized landscaping would help to buffer the development but not to the extent intended to
screen the development.
Applicant’s ground
‘The site is already serviced by all typical urban infrastructure including sewer and reticulated
water’.
Assessment
Agree.
Applicant’s ground
‘The proposal satisfies all higher order provisions of the planning scheme’.
Assessment
Disagree. The details are contained within the reasons for refusal and in previous reports
presented to Council in the December 2016 round of Committee meetings.
1.2. Applicant’s ‘other’ information
The applicant suggests:
The Sustainable Planning Act 2009 gives Council the power to approve all or part of the application.
The legislation also allows Council the power to grant a preliminary approval even though the
applicant sought a development permit. Council would be entitled to issue a preliminary approval
for the proposal requiring the following items to be addressed prior to a development permit being
granted by Council:
The removal of the Entertainment & Dining Business Type 1 component
Inclusion of a Cooroy Township promotion kiosk;
Page 53 of 146
Section 54
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Additional low-medium height landscaping along the Holts Road frontage;
A reduction of illuminated signage (fast food signage);
Compliance with all relevant water quality objectives;
Incorporation of electric vehicle charging station network;
Incorporation of architectural features in the building design that reflect those evident in the
Cooroy Village Centre. These could include revised roof pitches, timber framed windows,
eaves, parapet walls etc.
An approval in part and a preliminary approval are options for Council as outlined in the Sustainable
Planning Act 2009 and may be used depending on the type and extent of changes sought to the
approved plans by Council.
For example, should Council seek to refuse the entertainment and dining business component but
approve the service station, it would be appropriate to approve the application in part. Should
significant design changes be sought to the proposed layout, a preliminary approval would be
considered the most appropriate.
The applicant has indicated a willingness to remove the fast food component but it is noted, has
not made a change to the application. The fast food component is an integral part of a
contemporary service centre/station and on balance; its removal is unlikely to significantly change
the proposals impact on Cooroy or the surrounding area.
The applicant is willing to incorporate additional landscaping, a reduction of the illuminated
signage, a promotion kiosk, built form changes and an electric charge station. This does not
address the reasons for refusal nor sufficiently offset the proposal’s potential negative impact on
nearby villages.
2. CONCLUSION
The applicant has not provided any new compelling information to that already assessed that would
enhance community wellbeing sufficiently to override the Planning Scheme. Therefore, the
recommendation remains unchanged.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 54 of 146
Section 55
ATTACHMENT 1
Page 55 of 146
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Page 55 of 146Section 56
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Page 59 of 146Section 60
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
4 132004.240098.7 (23798 DA) PERMISSIBLE CHANGE TO AN EXISTING
DEVELOPMENT APPROVAL TO EXPAND ON THE APPROVED USE AREA
ASSOCIATED TO TENANCY 3 ON THE TERRACE 3/231 GYMPIE TERRACE,
NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Wilhelm Koschade
Planning & Infrastructure Department
Index ECM / Application / 132004.240098.7 (23798 DA)
Attachments Nil
APPLICATION DETAILS
Applicant Noosa Palm Tree Hotel Joint Venture
Proposal Extension to Use Area (Outdoor Dining Area)
Properly Made Date 2 December 2016
PROPERTY DETAILS
Property Address 3/231 Gympie Terrace, Noosaville – “On The Terrace”
RP Description Lot 4 RP 36726
Land Area 2,714m2
Existing Use of Land Multiple Dwelling (10 Units), 2 x Restaurants & 1 x Shop
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville Locality
Zone Visitor Mixed Use
Overlays Natural Hazard (Acid Sulfate Soils & Flood Hazard)
Assessment Type Change to Approval
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting dated
16 January 2017 regarding Application No. 132004.240098.7 for a Permissible Change to an
Existing Development Approval for the expansion of the use area of Tenancy 3 situated at 3/231
Gympie Terrace Noosaville and approve the application in accordance with the following:
A. Amend Condition 1 to read as follows:
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Page 60 of 146
Section 61
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Plan No. Rev. Plan/Document Name Date
May 2016
1.1 - Floor Plan, drawn by And + Design May, 2016
November 2005
2.0903.0D - North Elevation, drawn by Andrew Mckellar Design 16/11/2005
2.0903.1D - Ground Floor Plan 1, drawn by Andrew Mckellar Design 16/11/2005
2.0903.2D - Ground Floor Plan 2, drawn by Andrew Mckellar Design 16/11/2005
2.0903.3D - First Floor Plan 1, drawn by Andrew Mckellar Design 16/11/2005
2.0903.4D - First Floor Plan 2, drawn by Andrew Mckellar Design 16/11/2005
2.903.5D - Roof Plan, drawn by Andrew Mckellar Design 16/11/2005
2.903.6D - Block A, drawn by Andrew Mckellar Design 16/11/2005
2.903.7D - Block B, drawn by Andrew Mckellar Design 16/11/2005
2.903.8D - Cross Section Block A & B, drawn by Andrew Mckellar 16/11/2005
Design
2.903.9D - Long Section Block A, drawn by Andrew Mckellar 16/11/2005
Design
2.903.10D - Long Section Block B, drawn by Andrew Mckellar 16/11/2005
Design
B. Include an additional condition to read as follows:
Additional condition
The proposed portable cooking bench and associated 4.8m2 of use area must be located
wholly within the title of tenancy 3 or the designated exclusive use area of tenancy 3.
REPORT
1. PROPOSAL
The application seeks approval to expand on the existing 10m2 outdoor dining area of Tenancy 3
to have a combined total outdoor dining area of 19.84m2. The expansion to the dining area is
sought to enable the use of a portable outdoor kitchen bench to host cooking classes in addition
to the installation of two timber benches to provide customers with a more casual dining area with
direct outlook onto Gympie Terrace.
The cooking classes are to remain ancillary and subordinate to the restaurant use and are
proposed to be held:
10:30 am and 12:30 pm – 3 days a week; and
4:30 pm and 6:30 pm – 4 days a week.
Page 61 of 146
Section 62
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
The cooking classes are intended to be low key with the change enabling the restaurant to provide
an alternative dining experience with chef’s demonstrating food preparation and cooking
techniques with sampling offered to attendees.
A floor plan depicting the proposed expanded use area is provided below in Figure 1.
Figure 1 – Proposed Outdoor Dining Area
2. SITE DETAILS
2.1. Body Corporate Consent
Prior to Council deeming the permissible change application as ‘properly made’, body corporate
consent is required where the proposed expansion to the outdoor dining area of tenancy 3 is over
common property. While it is not a Council requirement for any dining area of tenancy 3 to be
wholly within its associated exclusive use area, any request to utilise common property which is
materially changing must be accompanied with body corporate consent prior Council assessing or
deciding the request.
Prior to submitting the permissible change application seeking approval for an expansion to the
use area of tenancy 3, body corporate consent was sought to utilise common property, however
no consent was granted. The matter was appealed and resolved through the Department of Justice
and Attorney-General and an Adjudicator’s Order was issued overturning the body corporate’s
refusal.
Following the resolution, the permissible change application was lodged with Council on 20
October 2016 accompanied by the Adjudicator’s Order. However, the Adjudicator’s Order only
related to the proposed timber bench area and not the cooking bench with an associated 4.8m2 of
use area.
The proposal plans are unclear in this respect as the exclusive use plans have no dimensions
included. The applicant advised that the proposed cooking bench is wholly located within the
registered exclusive use area for tenancy 3 and provided a preliminary plan indicating similarly.
Consequently, the applicant has confirmed that they will accept a condition for the proposed
additional use area to be fully located within the approved exclusive use area of tenancy 3.
Page 62 of 146
Section 63
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
2.2. Site Description
The subject site comprises a three storey mixed use development which includes 10 residential
units with a commercial precinct at ground floor to the sites frontage along Gympie Terrace. A
locality plan is provided below in Figure 2. The commercial component of the development
comprises two entertainment and dining uses at Tenancy 1 (‘Raw Energy’) and 3 (‘Fresh’) and a
shop at Tenancy 2 (‘Get Shoes’).
Vehicular access to the development is off Elizabeth Street to the rear of the site with pedestrian
access provided directly off Gympie Terrace to the commercial precinct.
Subject Site
Figure 2 – Locality Plan
2.3. Surrounding Land Uses
A multi residential and visitor accommodation development (‘Regatta’) adjoins the site to the west
and a mixed use development comprising a multi residential and commercial precinct abuts the
site to the east (‘Riverside Noosa’).
Land uses within the general vicinity along Gympie Terrace comprise mixed use developments
which generally include multiple dwellings, visitor accommodation, entertainment and dining and
commercial uses.
3. STATUTORY PROCESS:
The applicant has requested to make a change to a development approval under s369 of the
Sustainable Planning Act 2009. A request to change a development approval under s369 can only
be made in circumstances where that change would constitute a ‘permissible change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a permissible change on grounds that:
The change would not result in a substantially different development as the application seeks
approval for the minor expansion to the use area of tenancy 3;
The change would not require the application to be referred to additional concurrence
agencies;
Page 63 of 146
Section 64
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
The original application was impact assessable and the proposed changes would not likely
cause a person to make a properly made submission because the request is minor and
associated to an expansion to the existing use area of tenancy 3;
The change would not cause the approval to involve prohibited development.
On this basis, the applicant has followed lawful process in making a request under s369 of the Act.
4. ASSESSMENT
4.1. Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and is zoned Visitor Mixed Use. The proposed
permissible change requires assessment against the planning instruments or law in force at the
time the request for the change is made apply. The applicable planning scheme codes include:
Locality Provisions
Noosaville Locality Code
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Residential Uses Code;
Engineering Works Code; and
Landscaping Code.
The application has been assessed against each of the above applicable codes. The pertinent
issues arising out of the assessment against the codes are discussed below:
Carparking
The layout of tenancy 3 comprises both internal and external dining areas (use area) with the
tenancy having an associated carparking credit equivalent to 3 spaces.
The internal use area was facilitated as part of the original approval and associated car parks
provided however the external use area was addressed as part of a previous change approval
where the total Gross Floor Area (GFA) of the as built development was less to that of which was
approved.
The application seeks approval to expand on the external use area of tenancy 3 from 10m 2 to a
combined total outdoor dining area of 19.84m2. Probable Solution S7.1 of the Driveways and
Carparking Code requires a carparking rate equivalent to 1 space per 10m 2 of use area in the
Visitor Mixed Use zone. Based on the rate, an increase of 9.84m2 of use area requires one
additional carpark to be provided onsite.
The applicant acknowledges that the development has exhausted carparking credits over the site
and there is insufficient area to introduce additional carparking in order to facilitate the increase in
use area. However, the applicant submits that when the site was originally approved in 2005, no
recognition was given by Council with regards to the removal of a crossover from Gympie Terrace
and Elizabeth Street which enabled two additional on street car spaces to be provided within the
Gympie Terrace and Elizabeth Street road reserve.
It is agreed that as a result of relocating the two crossovers, two additional on street spaces were
provided as a consequence of the sites development. Council has acknowledged this fact however
does consider the two additional public spaces as a community bonus rather than a development
credit. In addition, Council required all carparking to be provided onsite (3 of which are in tandem)
as the applicant did not provide sufficient justification for Council to support the claim and provide
recognition of the bonus.
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GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
Although an additional space is not able to be provided onsite, the additional 9.84m2 of use area
is unlikely to result in any additional adverse impact on traffic and public car parking in the area.
Customers attending the shop/restaurant uses along Gympie Terrace are also unlikely to travel to
the visitor carparking accessed via Elizabeth Street. Moreover, it is considered that the proposed
development aligns with the Specific Outcome O7 of the Carparking and Driveways Code based
on the following grounds:
The proposed development does not introduce a new use, rather a minor expansion to an
existing use where 50% of the additional use area comprises a cooking bench area to be
utilised by a chef for cooking classes;
Sufficient visitor car parking is provided to the rear of the site to accommodate patrons and/or
staff;
The proposed hours of operation are to remain unchanged and not expanded upon; and
The subject site and use is located in proximity to many short term visitor accommodation
uses and permanent residential areas and therefore likely to attract higher levels of
pedestrian and cyclist traffic.
5. CONCLUSION
The proposed increase to the external use area of tenancy 3 is consistent with the overall outcome
to service visitors and foreshore users.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance X Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 65 of 146
Section 66
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
5 PLANNING AND ENVIRONMENT COURT APPEAL 5023 OF 2016 DEVELOPMENT
PERMIT FOR MATERIAL CHANGE OF USE FOR RETAIL BUSINESS TYPE 2
SUPERMARKET AT 5 GARNET STREET, COOROY
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM / Application /MCU16/0012 & Case / 5023/2016
Attachments Nil
APPLICATION DETAILS
Applicant Creekgold Pty Ltd TTE
Proposal Development Permit for Material Change of Use of Premises Retail
Business Type 2 - Supermarket
Appeal Filed 21 December 2016
PROPERTY DETAILS
Property Address 5 Garnet Street, Cooroy
RP Description Lot 14 RP 845961
Land Area 3,035m²
Existing Use of Land Previously Wimmers Soft Drinks & Cooroy Mountain Spring Water
factory
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy and Lake Macdonald
Zone Business Centre
Overlays No Overlays
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting dated
16 January 2017 regarding Planning and Environment Court Appeal 5023 of 2016 and agree to
defend the appeal.
REPORT
A Development Permit for Material Change of Use of Premises Retail Business Type 2 -
Supermarket situated at 5 Garnet Street was issued on 18 August 2016.
The approval allowed for the development of a single tenancy supermarket with a use area of
1,078m2 on the old Wimmers factory land which fronts Garnet Street and Wimmers Lane, Cooroy.
Page 66 of 146
Section 67
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
The applicant lodged representations on 14 September 2016 seeking changes to conditions 10,
25, 35 and 40. Officers by delegation decided to amend conditions 10 and 25 and delete condition
40.
Amendment to condition 10 modified delivery hours to allow for the delivery of bread and
milk on Sundays and public holidays.
Amendment to condition 25 deleted the requirement for a shower cubicle.
Deletion of condition 40 removed the requirement to provide stormwater harvesting tanks.
The representation which sought to delete conditions 35(c) and (d) was not supported as further
investigations are required to demonstrate the works will not adversely impact on existing assets
and other properties downstream.
By negotiated decision notice dated 29 November 2016, Council approved the Development
Application, subject to conditions.
Following issue of the Negotiated Decision Notice, an appeal was lodged with the Planning and
Environment Court on 21 December 2016 by the applicant.
The appellant is appealing conditions 35(c) and (d) which state:
35. Stormwater drainage works must be undertaken in accordance with an Operational Works
approval. The works must be generally in accordance with Drawing No P002 Rev E - Job No
15087 dated 27/06/2016 and titled Preliminary Stormwater Drainage Layout and Details,
prepared by VT Consulting Engineers and must include but not be limited to:
a. removal of the redundant sections of the 525mm RCP stormwater drainage pipeline
within the site and in the Garnet Street road reserve
b. amendment to the alignment of the proposed 750mm by connecting the new pipeline
directly into the existing downstream stormwater manhole on the vehicular crossover
for Lot 46 C5602 (No 4 Emerald Street) on the opposite side of Wimmers Lane.
c. Investigation of the capacity and the condition of the existing downstream system to
ensure:
i. No adverse impact on operation of the existing stormwater system.
ii. No additional surcharge due to the new stormwater works, or only controlled
surcharge in accordance with the requirements of QUDM.
iii. CCTV investigation and field inspection report of the existing downstream system
extending to Emerald Street must be submitted to Council to demonstrate that
the downstream system is in good condition and all required repair or
improvements works are identified.
d. where necessary, undertake improvement works on the receiving stormwater drainage
system to ensure the overall stormwater drainage system functions in accordance with
the requirements of QUDM and/or to the satisfaction of Council.
Section a. to c. of this condition is imposed pursuant to s665 of the Sustainable Planning Act
2009 being non-trunk infrastructure.
Section d. of this condition is imposed pursuant to s646 of the Sustainable Planning Act 2009
being necessary trunk infrastructure identified by Council’s LGIP.
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Section 68
GENERAL COMMITTEE MEETING AGENDA 16 JANUARY 2017
The appellant states that:
Conditions 35(c) and (d) are:
a) not relevant to, and are an unreasonable imposition on, the development or use of premises
as a consequence of the development;
b) not reasonably required in relation to the development or use of the premises as a
consequence of the development;
c) vague and uncertain; and
d) unenforceable to the extent that they require access to land owned by a third party
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 18 August 2016, Item 6, Page 7
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 9 August 2016 regarding Application No. MCU16/0012 for a
Development Permit for Material Change of Use of Premises Retail Business Type 2 - Supermarket
situated at 5 Garnet Street, Cooroy and approve the application in accordance with the conditions
contained in the Planning & Environment Committee Agenda dated 9 August 2016 with an
amendment to condition 24 as follows:
Loading Zone and Service Vehicles
24. Service vehicle parking, manoeuvring and standing spaces must be provided on the site via
Wimmers Lane generally in accordance with the approved plans, consultation with Council
and the response to Council’s information request by Pekol Traffic & Transport dated 28 June
2016. The loading and unloading activities must not block the traffic in Wimmers Lane. The
works must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. loading bay for a HRV
b. loading bay for refuse vehicle MRV.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources Planning & Environment
Sustainability Strategic Land Use Planning
Page 68 of 146
The text continues on section 69.