Council Report 132007.12.8

132007.12.8 - Other Changes to existing approval to increase use area of Community Use - Education – Type 3 Adult and Business Use - Office Type 3 – Veterinary, situated at 88A goodchap street, noosaville

Document information

Author	Development Planner, Lisa Pienaar
Environment and Sustainable Development

Index	ECM/Application/132007.12.8

Attachments	1. 	Proposal Plans

APPLICATION DETAILS
Applicant	Noosaville Medical & Professional Centre Pty Ltd
Proposal	Other Change to Existing approval for Material Change of Use for Commercial Business Type 1 Office, Type 2 Medical, Retail Business Type 1 Local & Type 2 Shop, Education Type 3 Adult & Entertainment and Dining Business Type 1 Food and Beverage, to increase the use area for a Community Use - Education – Type 3 Adult (administration only) and include Business Use - Office Type 3 – Veterinary
Properly Made Date	8 December 2017
Information Request Date	12 January 2018
Information Response Date	5 April 2018
Decision Due Date	19 June 2018 (extended 20 July 2018)
Number of Submissions	Nil
PROPERTY DETAILS
Property Address	88A Goodchap St Noosaville Qld 4566
RP Description	Lot 3 SP264909
Land Area	2021.53m2
Existing Use of Land	Car park
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Community Services
Overlays	Natural Hazard overlay – Acid Sulfate Soils bushfire
Assessment Type	Other Change to Existing Approval
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 10 July 2019 regarding Application No. 132007.12.8 for an Other Change to Existing approval for Material Change of Use for Commercial Business Type 1 Office, Type 2 Medical, Retail Business Type 1 Local & Type 2 Shop, Education Type 3 Adult & Entertainment and Dining Business Type 1 Food and Beverage, to increase the use area for a Community Use - Education – Type 3 Adult (administration only) and include a new Business Use - Office Type 3 – Veterinary - situated at 88A Goodchap St Noosaville and:
A.	Approve the requested changes and agree to change Conditions 1, 12 & 36 and make consequential amendments to Conditions 7, 8, 10, 44, 45, 46, 66, 67, and delete Condition 65:
Land Use
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	Plan/Document Name	Date
CP2 .02C-1	Overall Parking Layout, drawn by Middap Architecture Pty Ltd	May 2016
0427-DA02E	Site Plan - Overall Podium Level drawn by Middap Ditchfield Pty Ltd	13/12/2007
	Amended in Red	
9427 - DA03E	Site Plan - Overall Upper Plan, drawn by Middap Ditchfield Pty Ltd	13/12/2007
	Amended in Red	
0427- DA05E	Stage 2 Podium Plan, drawn by Middap Ditchfield Pty Ltd	13/12/2007
0427 - DA06E	Stage 2 Upper Floor Plan, drawn by Middap Ditchfield Pty Ltd	13/12/2007
0427 - DA07D	Stage 2 Roof Plan, drawn by Middap Ditchfield Pty Ltd	13/12/2007
0427- DA08D	Existing Approved Elevations & Sections, drawn by Middap Ditchfield Pty  Ltd	13/12/2007
0427- DA09D	Proposed Elevations & Sections, drawn by Middap Ditchfield Pty Ltd Plan of Lots 4, 5 & Emt D (Restricted) in Lot 4 SP 196846, drawn by Jones Flint & Pike	13/12/2007
DA 01F	Site Plan, drawn by Middap Architecture Pt (as annotated by Council)	March 2017
DA 02F	Level 1 Plan, drawn by Middap Architecture	March 2017
DA 03F	Level 2 Plan, drawn by Middap Architecture	March 2017
DA 04F	Level 3 Plan, drawn by Middap Architecture (as annotated by Council)	March 2017
DA 05F	Elevations (North-east & South-East), drawn by Middap Architecture (as annotated by Council)	March 2017
DA 06F	Elevs (South West & North West) and Section	March 2017
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The open space and setback areas are to be landscaped in accordance with Council's Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter. The Landscape Plans required to be submitted are to demonstrate dense vegetation comprising native trees and shrubs and include some mature plantings within the setback areas of the proposed car park structure, to assist providing a visual screen and buffer to adjoining residential premises.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use.
Any advertising sign or device is to comply with Council's policies on advertising.
All goods are to be displayed on site within the property boundaries and/or on the premises approved for the use.
Secure bicycle racks shall be provided on site to accommodate a minimum of 48 bicycles. The proposed bicycle racks shall be identified on the plans submitted for Operational Works approval and shall be located to the reasonable satisfaction of the Council.
End of trip facilities shall be provided within the approved buildings at a minimum rate of 24 lockers and 4 showers.
Deleted.
10	The proposed development shall not exceed a maximum height of 2 storeys and 10 metres above natural ground level with the exception of;
building B, which may be 3 storeys in height; and
stage D building (refer Site Plan DA 01F) which must not exceed a height of 9.8 metres above natural and finished ground level, with the lift overrun not exceeding 10.5 metres.
A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of work confirming compliance with the maximum allowable building height as required by the condition 10 of the approval.
12.	The development is permitted a total maximum use area of 6,729m² with each individual use having the following maximum use areas:
Education - Type 3 Adult, 3,398m² comprising a maximum of 1,400m² student contact area and 1,998m² of non-student contact area;
Retail Business - Type 1 – Local, 100m²;
Retail Business Type 2 - Shop and Salon and or Entertainment and Dining Business Type 1 - Food and Beverages, 236m² (includes 16m² of outdoor dining);
The remaining use area being available for:
Commercial Business Type 1 – Office;
Commercial Business Type 2 – Medical; and
Commercial Business Type 3 – Veterinary.
Student contact area comprises all areas used for student lectures, tutorials or the like.
Any new hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
Any new kitchen, laundry and bathroom fittings are to comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this requirement.
Deleted.
The development shall be undertaken in accordance with the recommendations of the Acoustic Report prepared by TTM Consulting (SC) Pty Ltd.
Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 must be submitted, 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.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
The Development Permit for a Material Change of Use and Reconfiguring a Lot lapses if the use has not happened by 17 February 2014, unless an application to extend the currency is approved by Council.
The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for Building Works.
Land Development
Reconfiguring a Lot
The lot reconfiguration shall be in accordance with plan SP196846 as submitted by Jones Flint & Pike Pty Ltd except as modified herein.
In conjunction with the lodgement of the Plan of Survey for Council endorsement, legal documentation shall be presented to Council and shall be submitted in the correct form with the fees prescribed in Council's adopted fee schedule.
Pursuant to Section 3.7.3(3)(c) of the Integrated Planning Act, all outstanding rates and charges due and payable to Noosa Council in respect of the lots being reconfigured shall  be paid prior to endorsement of the Plan of Survey.
The applicant shall provide a 2m by 2m truncation on each corner of Lot 4 adjacent to Lot 1 on RP802360 on either side of Council's pathway to assist service vehicle access. An underground electricity service shall be provided to service all parts of Lot 4 if not already provided. The service shall be provided before the use commences.
All parts of lot 4 shall be serviced by water supply appropriate for necessary requirements, such as firefighting. The service shall be provided before the use commences.
Vehicle Access
The eastern site access intersection shall be modified to increase the length of the parallel right turn storage lane to at least 20 metres.
The existing primary vehicular access driveway off Goodchap Street (eastern access) shall be modified by the construction of a splitter island at the entrance should be extended to preclude right turns in or out of the car parking aisle along the front of the eastern building.
All driveways shall be designed and constructed to Council's design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any step or level difference. Should any driveways be constructed to grades that do not comply with AS2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do comply.
To ensure pedestrian safety between vehicles exiting the site and pedestrians/cyclists on the footpath, the driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight line requirements as defined in AS2890.1, section 3.2.4. The applicant shall demonstrate compliance by illustrating these sight lines on the plans submitted for both Operational Works approval and Building Works approval.
In regard to the existing pathway between the two parts of Lot 4, buildings shall be modified as necessary to achieve these sight distances and this compliance demonstrated in the plans submitted as part of the operational works approval. The crossing shall also be a raised type, be appropriately lit and give priority to pedestrians and cyclists.
The access to and from Traders Lane will only be permitted for use by service and emergency vehicles. A sign indicating this shall be installed at the exit.
In any operational works application, the developer shall demonstrate by the way of a turning template, that service and emergency vehicles can access the site via Traders Lane. If this cannot be achieved the building shall be set back or modified to allow entry of these vehicles.
All vehicles shall enter and leave the site in a forward direction.
Loading Areas
Two combined loading zone/carpark spaces shall be included on site and operate as a Loading Zone between the hours of 8 am to 11 am weekdays and shall be sign posted to indicate this.
The combined loading zone / carpark space shall be sized to accommodate a small rigid vehicle in accordance with AS 2890.2 - 1989. These spaces will be indicated on the operational works application for car parking.
Car Parking
Off Street
The development shall provide car parking spaces on the site at a minimum rate of 369 car parking spaces (including 40 parking spaces for the childcare centre) for Stages A, B & C, with a total of 403 car parking spaces at the completion of Stage D (refer Site Plan DA 01F).  Provision for 8 motorcycle or scooter park spaces must be included in the total number of car spaces.
All public parking spaces should be a minimum of 5.4m by 2.6m with 6.2m wide aisles, although staff parking spaces may be reduced to 5.4m by 2.4m with 6.2m aisles.  In all other respects, the designs should comply with AS2890.1 - 2004.
Vehicular access to the site shall be primarily from Goodchap Street and car parking shall be generally in accordance with the approved plans.
All carparking shall be kept, maintained and line-marked in a condition fit for use.
All staff carpark spaces shall be clearly defined by line marking each space with the words "Staff Parking Only" and by sign posting each space with a similar wording.
Pathway Lighting
The existing pathway between the two existing lots shall have lighting installed from Goodchap Street to the rear boundary of Lot 4. This lighting shall have a high energy efficient rating to the reasonable satisfaction of Council and be designed to meet appropriate safety standards and not to adversely impact residences in the area.
Vegetation Protection & Preservation
Vehicular pavements within the drip zone of any of the existing trees on site to be retained shall be designed as a pervious pavement (such as grass paving cells or similar), as this will allow water that falls on this surface to penetrate to the trees root  system.  The pavement shall be constructed so as not to damage the tree or their root system and in this regard temporary fencing shall be provided around the trees during construction to help protect them.
Plans shall be submitted to the Council for approval that clearly show the type and extent of the pervious pavement and the temporary fencing prior to obtaining a Development Permit for Operational Works.
Frontage Works
Tree planting is required to the Goodchap Street frontage of Proposed Lot 5 in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.
Roof Water & Stormwater Drainage
Stage A - Roof runoff from any new building shall be directed to a rainwater storage system or tank (minimum storage the greater of 5000 litres or 15 litres/m2 of roof area) that is installed to ensure water from the tank is used for external uses (such as watering gardens, irrigation, ornamental ponds, water features, outdoor cleaning, etc) and for use in flushing of toilets internal to the building. All rainwater tanks are to be designed and installed in accordance with the Queensland Development Code (QDC), Part 25 - Rainwater Tanks, and shall be part of the plumbing application in conjunction with the building approval. The location and capacity of the tanks shall be clearly shown on the plans submitted for Building Works / Operational Works approval and any overflow shall be directed to an approved discharge point.
All stages:
All stormwater drainage (including roof water overflow from the rainwater storage system) must be collected and discharged so there is no net increase in stormwater runoff from the site.
A Stormwater Management Plan must be submitted to Council in conjunction with an operational works application to demonstrate how water quality and quantity objectives are to be met as follows:
No increase in peak flow runoff from the site up to and including a one in 100 year ARI.
80% reduction in total suspended solids;
60% reduction in total Phosphorus
45% reduction in total Nitrogen compared to an unmitigated development scenario.
This Management Plan must set the objectives and include a plan indicating location and sizing of the devices prosed. The operational works application shall be in accordance with this plan and buildings must be modified if required to accommodate the treatment infrastructure wholly within the allotment.
A maintenance plan for the treatment devices must be complied with for the duration of the approved uses.
A Development Permit for Building Works must not be granted until a Development Permit for Operational Works has been issued in regard to the drainage scheme.
All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
All parts of the site shall be connected to Council's existing sewerage reticulation systems and be constructed in accordance with Council's standards and requirements at no cost to Council.
Town Water Supply
All parts of the site shall be connected to Council's existing town water supply and be constructed in accordance with Council's standards and requirements at no cost to Council.
For Multiple Uses (including Building Format Plans, Group Title Plans, etc)  the development shall be served by:
A single Body Corporate water meter to measure the total water consumption (including fire hose reels, but excluding fire hydrants and fire sprinkler systems), and
Individual water meters to each tenement capable of being separately rated, and
A fire service (fully testable single detector check with metered bypass), where applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose reels).
Earthworks
Filling works required on site shall be carried out in accordance with Section 3.8 of Council's Engineering Design Standards Manual and so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any existing overland flowpaths. Detailed site surveys indicating natural surface levels and contours of the adjoining properties must be provided with the application for a Development Permit for Operational Works for Filling and Drainage.
This may require the design and construction of drainage pipes and/or an overland flow­ path within the development site that caters for drainage from the adjoining sites for a design storm with an Average Recurrence Interval of 1 in 100 years. A private easement for the Drainage of Water encompassing the drainage pipes or overland flow-path will also be required. In this regard a Development Permit for Operational Works shall be obtained.
Should evidence be provided to Council indicating that no additional ponding of stormwater will occur on the adjoining properties the requirement for the drainage pipes, overland flow­ path and easement shall not apply.
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or structures that border the development site. Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.  In this regard any fences to be replaced shall be clearly shown on the plans submitted for Operational Works approval.
Acid Sulfate Soils
As the site is located below the 5m AHO, any excavation works consisting of 100m3 or greater and/or any filling works consisting  of 500m3  or greater and with an average depth  of 0.5m or greater will need to be carried out in accordance with State Planning Policy 2/02 Planning and Managing Development Involving Acid Sulfate Soils. In this regard appropriate testing and supporting documentation prepared by a suitably qualified specialist shall be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading various infrastructure at the rates applicable at the time of payment.  An  estimate only of the contribution amounts under the current Council policies and requirements is outlined in the table below:

Contribution Required For:	STAGE A	STAGE B (in addition to Stage A)	TOTAL Stage A+ Stage B
PSP12 - Public Open Space Contributions (Park)	$3,233	$0	$ 3,233
PSP16 -  Seweraqe Headworks Contributions	$ 34,617	$ 14,785	$49,402
PSP17 -Water Supply Headworks Contributions	$29,629	$25,727	$55,356
PSP20 - Pathway Trunk Network Contributions	$ 3,266	$0	$3,266
TOTAL Contribution Amount =
I   $ 70,745    I  $40,512       I $111,257
Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from SEPTEMBER 2008 until the date of payment.
TOTAL Contribution Amount =
I   $ 70,745    I  $40,512       I $111,257
Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from SEPTEMBER 2008 until the date of payment.
All contributions must be paid prior to the issue of a Development Permit for Operational Works for the relevant stage.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should not be paid at the due time, Council shall call upon the trading bank guarantee in full.
Processing of bonds for security where specific Council approval has been given for the bonding of contributions will incur an administration fee in accordance with Council's Land Development Commercial & Regulatory Fees at the time of lodgement.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled, the paid contributions and/or the trading bank guarantee will be returned.
General
A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which shall be submitted in conjunction with an application for a Development Permit for Operational Works. To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road. All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Environmental Health
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 "Waste Management Multi-Dwellings and Commercial and Industrial Premises", including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties .
Refuse containers .must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulations 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
All refrigeration plant including motors, shall be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.   On the spot fines apply for such offences.
Noise emission from air conditioning equipment shall comply with the following requirements:
The equipment shall be installed and located in a manner which prevents noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 and Council's Local Law No. 12 - Control of Nuisances.  Infringement Notices (on-the-spot fines) may apply for offences.
Submission of written certification from a suitably qualified person confirming that the noise levels comply when measured at the nearest residential boundary. This is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.
A perso· n must not use equipment on any day if it makes or causes noise to be made
Before 7am or after 1Opm: More than the lower of either -
•	40 d(B)A
3 d(B)A above the background noise level
From 7am to 7pm: More than the lower of either -
•	50 d(B)A
5 d(B)A above the background noise level
From 7pm to 10pm: More than 3 d(B)A above the 	background noise l evel.
Additional Conditions (7/3/08)
The applicant shall enter into an infrastructure agreement with Council with regard to the provision of private services within the 5m wide road reserve that divides the two separate parts of Lot 4 prior to the use commencing on the northern part of Lot 4. The conditions of the infrastructure agreement shall:
Provide for the installation, maintenance and preservation of the private water an electrical services that supply the separate parts of Lot 4,
Provide for the maintenance of the road reserve in those parts affected by the private services,
State that the applicant is responsible for obtaining approval for the design and construction of the various services from the relevant authority,
State that the design and construction of the services shall be wholly at the applicant's expense and shall not entail a financial encumbrance on future purchasers of the proposed lot, and
Be to the satisfaction of the Department of Natural Resources and Water (DNR&W). If DNR&W does not consent to the private services crossing their land the applicant shall find an alternative means of providing services to the balance of Lot 4 prior to the use commencing.
The required contributions shall be paid to Council and the associated car parking constructed.
Additional Conditions (16/3/10)
Deleted
Where vehicular access arrangements are varied in accordance with the alternative access arrangements identified by Condition 69, the applicant shall design and construct an indented bus bay in Goodchap Street to replace the existing kerb side bus stop located in the frontages of No 135-137 Goodchap Street. The works for the bus bay shall include but not be limited to the following:-
Be located generally in accordance with Drawing No. P1OC, Job No. 06679 prepared by TOD Noosa dated 29 May 2009,
Be designed and constructed generally in accordance with Translink's "Regular Stop" as shown on Translink Drawing No. TL-R02 with the following modifications:
The kerb type in the tapers must provide unimpeded access to the two affected residential properties,
The minimum taper on the approach should be approximately 20m,
The new taper should be 1 in 7, and
The minimum length of the bus stop itself is 20m.
The pad, seat, bin, signage and tactile indicators as shown on Translink's "Regular Stop" as shown on Translink Drawing No.TL-R02.
Any modifications to and realignment of the existing residential access driveways,
A 2m wide concrete footpath connecting the bus stop to the existing footpath in Goodchap Street.
In this regard a schedule of works, specifications and plans detailing this work shall be prepared and submitted to Council as part of an application for Operational Works.
Prior to the issue of any Building Approval and commencement of the construction of Stage D (refer Site Plan DA 01F) in the northwest corner of the site, an Operational Works approval shall be obtained to address necessary vehicle access arrangements and additional vehicle movements to, and within the site.
B.	Include the following new conditions:
Staging of the development is to be in accordance with Site Plan DA 01F (as annotated by Council).
Access for Stage D
Vehicular access arrangements must be varied to allow for an alternative access arrangement for northern vehicle access to the site from Goodchap Street. The alternative access arrangement shall be generally in accordance with Drawing No. 17548-C003 Rev B prepared by TOD Noosa dated 14 September 2018. The works shall include but not be limited to:-
The linemarking necessary to provide the right turn lane and associated medians,
The direction linemarking within the existing access,
The widening of the current vehicle crossover, and
Any works associated with the existing Telstra pit to the satisfaction of Telstra. Suitable certification from Telstra shall be submitted to Council prior to the commencement of any works and at the completion of the works.
Further, a schedule of works, specifications and plans detailing this work shall be prepared and submitted to Council for approval as part of an application for Operational Works
Pedestrian Access – Stage D
The pedestrian bridge (as annotated on the approved plans) cannot be constructed until a road closure approval has been obtained from the Department of Natural Resources and Mines. Council’s consent is to be obtained prior to the application being lodged with the Department.
Stormwater Management – Stages C & D (Lot 3 RP264909)
The stormwater management design must be submitted with an Operational Works application and must demonstrate that the bioretention basin will only receive stormwater flows from catchments the bioretention basin is modelled to treat for water quality improvement purposes (i.e. Sub 2 as detailed on Figure 4 in the Stormwater Management Plan for Lot 4 Good Chap Street Noosaville by Aquaintel dated 25 June 2017). Any detention area required for catchments that are not modelled to be treated by the bioretention basin, must be redirected around or under the bioretention basin.
Prior to commencement of use of any stage serviced by a stormwater quality treatment device, such as a bioretention basin, the Community Management Statement must be updated to identify and schedule the maintenance requirements for the stormwater quality treatment device asset for that relevant stage.
Vegetated stormwater quality treatment infrastructure must be maintained in accordance with the manufacturer’s specifications or for vegetated stormwater quality improvement assets, the Water by Design Guideline for Maintaining Vegetated Stormwater Assets
Construction Management Plan – Stages C & D
A Construction Management Plan must be submitted to Council prior to a pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construction phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
Adequate parking arrangements for patrons utilising the site and construction workers
Proposed fencing to the site during the construction phase of the development
No queuing of trucks is permitted on Goodchap St or Eumundi Noosa Road, especially prior to 7.00am. Further parked trucks must have engines turned off
Maintenance and protection of the adjoining Lake Doonella Bush Reserve
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
Works programme identifying key components of the works and their respective durations
Establishment of a communication protocol with the general public, adjoining owners (especially residential), emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues
Identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
For haulage operations involving significant volumes of fill material or excavated material being transported onto or off the site: details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  Any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense.
Landscaping
The area between Stage D and the extent of the northern boundary must be densely landscaped at a minimum width of 2 metres in accordance with an Operational Works approval. Screening vegetation must be planted in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. The planted vegetation must consist of native, endemic species.
Nature and Extent of Approved Use - Veterinary
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 7am to 7pm. The requirements of this condition must be included in the Community Management Statement for anybody corporate for the subject site
Sunset Clause
Pursuant to s88(1) of the Planning Act 2016, the uncompleted aspects of the approval for Stage D lapses if the whole of the approved use has not happened 18 July 2025.
C.	Advise the applicant that the construction of the bus stop and at grade car park required by conditions 1, 36, 37, 39, 40 & 66 are outstanding and must be completed by 18 January 2020.
D.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant has submitted an ‘Other Change’ application to change an existing development approval for additional administration office space (non-student contact) associated with Central Queensland University, a Veterinary use and a 2 level car park within a new 3 storey building.
Under the Planning Act 2016, an ‘Other Change’ application can be applied for instead of a new Material Change of Use, when an existing approval exists over the site and the proposed changes are not minor. In this case, an existing approval is in place and the proposed changes are not minor. Another change application is required to follow generally the same process as a Material Change of Use including public notification.  The new proposal is assessed in the context of what is currently approved.
This proposal seeks to expand on the existing non-student contact area (administration) associated with the Central Queensland University (Education), who currently occupy the site and introduce a new use, Business Use, Type 3 – Veterinary. The non-student contact area is proposed to be located on the top floor in the south eastern corner of the building. The new Veterinary use may occupy the existing or the proposed development. Refer Figure 1 – Proposed development. These additions will increase the total use area by 675m2.
The 2 storey car parking structure under the current proposal will increase the number of car spaces from the approved 369 to 403 spaces.

Figure 1 – Proposed development
site details
Background
Proposal
The applicant originally submitted an application for a request for a minor change to the existing approval. However the proposal did not meet the requirements of a minor change under the Planning Act 2016.  Under the Planning Act, two changes are possible, a minor change or an ‘Other Change’. The applicant subsequently submitted an ‘Other Change’ proposal. An ‘Other Change’ approval will include the original conditions relating to the existing approval and additional conditions reflective of the proposed change to the site layout and the proposed new building.
Site approval history
The following is a summary of approvals that exist over the overall site:
On 13 December 2007, Council approved Commercial Business Type 1 & 2, Education Type 3 – Adult, Retail Business Type 1 – Local & Type 2 – Shop and Salon, Entertainment and Dining Type 1 – Food & Beverage.
On 11 March 2008, a negotiated decision notice was issued to the applicant.
On 24 November 2008, Council issued a Change to the decision to allow for staging of the development. The second stage (Building B) was constructed in 2010.
On 16 March 2010, Council issued a Change to the decision to change access arrangements.
On 16 February 2011 Council approved an extension of the currency period.
On 2 July 2015, Council approved the expansion of the adult educational use (Central Queensland University - CQU) from the approved maximum floor space of 1,600m2 to 2,723m2 within the existing buildings.  This application also included a request to delete the multi storey car park. Council in deciding the application agreed to the proposed expansion of the adult educational use but did not agree to delete the requirement for a multi storey car park. The applicant subsequently appealed this decision.
On 3 February 2017 the Planning and Environment Court gave Judgement approving a suite of changes to the 2015 development approval, including revising car parking arrangements for the development. The requirement for a multi-storey carpark was replaced for an at grade 72 space car park with an infrastructure agreement entered into for contributions towards upgrading the bus stop in Goodchap Street. That judgement represents the current iteration of the development approval for the land. This development approval authorises at total maximum use area of 6,054m2 with each individual use permitted the following maximum use areas at any one time, including:-
Education - Type 3 Adult - 2,723m2 comprising a maximum of 1,400m2 student contact area and 1323m2 of non-student contact area (Student contact area comprises all areas used for student lectures, tutorials or the like).
Retail Business - Type 1 Local, Type 2 Shop and Salon or:
Entertainment and Dining Business Type, Food and Beverages - 236m2 (includes 16m2 of outdoor dining).
The remaining use area being available for Commercial Business Type 1 – Office and Type 2 – Medical (2995m2).
The applicant has not fulfilled the conditions to seal the at-grade carpark for 72 spaces or construct a bus stop on Goodchap Street required as part of the development.
Summary of Staging of the site
For the purposes of providing clarity around conditions the existing and proposed new development has been broken down into the following stages:
Stage A and B: Buildings as constructed. Note that previously approved plans refer to Stages 1 & 2 also.
Stage C: At grade car park supplying 72 spaces.
Stage D: The proposal subject to this application – 3 storey building.
Refer to Figure 2 – Stage C and site subject to this proposal (Stage D).

Figure 2 – Stage C and site subject to this proposal (Stage D)
Site Description
The subject site forms part of the Noosaville Medical and Professional Centre which provides specialist medical services. Central Queensland University occupy the site also.
The site subject to this application is currently utilised as an informal car park. Refer to Figure 3 – Subject site and surrounds.
Access is currently provided from Goodchap Street in 2 locations and their location remains unchanged under the current proposal. Access to the part of the site to be developed is obtained from the undercover parking area for Building B and across the existing sealed area in front of Building B, located behind the childcare centre.

Figure 3 – Subject site and surrounds
Surrounding Land Uses
The subject site adjoins Lake Doonella Bushland Reserve to the west, the Telstra sub-station adjoins to the east, and residential properties adjoin to the north.  A child care centre is located to the south east of the site and industry uses are located further south of the subject site. Refer Figure 3 – Subject site and surrounds.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Development Area.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions are relevant to the development.
Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Community Services. Both uses applied for under this proposal are consistent uses under the Noosa Plan within this zone and are required to follow an impact assessable application process.
Overall outcomes within this zone specifically seek medical, health and education uses for this site, all of which are provided for under the current approval and within the proposal.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Uses
The Noosaville Medical and Professional Centre site is identified under Noosa Plan for ‘medical, health and educational uses’ within the centre to support the operation of the Noosa Hospital. The proposed development is compatible with other uses on the land and the built form is an extension to and complements the existing development.
The site has been developed for Education purposes with student contact and non-student contact areas, retail Business - Type 1 Local, Type 2 Shop and Salon, Food and Beverages and Commercial Business Type 1 – Office and Type 2 – Medical. This proposal seeks to expand the non-student contact area (administration) associated with the Central Queensland University (Education), who currently occupy the site and introduce a new use, Business Use, Type 3 – Veterinary.
Location and Built form
The proposed development is a 3 level building with the first 2 levels providing for car parking and the top level providing an additional floor area.  The building will be a maximum of 9.8 metres in height with the lift overrun up to 10.5 metres in height. The maximum height in a Community Services zone is 8 metres and 2 storeys.
The third level of the building containing the additional floor space is setback 14 metres from the northern property boundary as it is situated in the south eastern corner of the development. This provides a large setback of the upper floor from adjoining residences to the north generally presenting as two (2) storeys, and approximately 7 metres at this elevation. The lower carpark level also is below the natural ground level in a similar manner to Building B.
The location of the Education/office use will complement and integrate with existing Building B with regard to built form and pedestrian access.  Adjacent Building B is a 3 storey building. The proposed development will have limited visual presence to Goodchap Street, given it is removed from this roadway, located behind the Telstra depot and is integrated with the existing built form. Lake Doonella Parkland Reserve screens the development from the west and south west.
For these reasons, there is no concerns with the proposed height of the new building.
The proposed development is setback 3 metres to the adjoining residential properties to the north with this area to be densely landscaped. Other setbacks include 3 metres to the Telstra Depot to the northeast and 3 metres to the Lake Doonella Bushland Reserve adjoining to the west and 1 metre setback to the southern boundary (existing road reserve between proposed and existing building). These building setbacks are generally consistent with the multi-level carpark structure previously approved on the land and consistent with the existing pattern of development with frontage to a road reserve that effectively functions as an access driveway.
The proposed development has a pitched roof at both the second and third levels of the building, which is consistent with the roofing provided for existing adjoining commercial buildings. The building uses a number of lightweight building elements including steel mesh balustrading, vertical timber screening, pitched metal sheet roofing with substantial overhangs, and a glass lift structure. Some of the walls for the carpark levels remain open and this assists with reducing the appearance of building bulk. Refer Figure 1 – Proposed development.
A covered walkway with a lift is proposed at the south eastern corner of the proposed building, linking with existing Building B. The covered walkway is to be elevated over Council’s road reserve. The applicant intends to apply to the Department of Natural Resources for a partial volumetric road closure for this part of the road.  The walkway cannot be constructed until the road closure has been approved.  Council’s consent is required for the proposal and for the applicant to lodge the application.  Council’s Property Department have indicated there are no apparent issues associated with the proposal. If for some reason the road closure is not granted, the walkway will not be constructed. The applicant indicated, the walkway is a convenience for users within the site and adds to the integration of the building form, but the proposed building is able to still function if the walkway did not proceed. The approved plans will be annotated and an additional condition is proposed to be placed on the approval accordingly.
The proposed development is appropriately designed to provide for adequate separation from surrounding land uses, integrates into the existing built form and will not impact upon the streetscape. Further, the proposed development is well articulated minimising the building bulk.
Access and Car parking
Background
The car parking rate for the existing medical, office and education uses was determined by Council’s Traffic consultant at that time (Stages A & B) to be the following:

The previously approved development did not meet the car parking rate requirements, nevertheless the car parking rate was accepted with a contribution towards bus stops to satisfy parking demand.
The existing approval requires 369 car spaces (including 40 spaces for the child care) for current uses on site.
Current proposal - Proposed Stage D
The existing development currently provides for 299 car parking spaces, including 40 parking spaces for the childcare centre.  72 of the required parking spaces have not been constructed to date, with the spaces to be provided in the area where the new building is proposed. The development provides for these 72 carparking spaces along with an additional 34 spaces for the additional 675m² of administration floor space. This equates to 1 space per 20m² of use area being the applicable rate under Noosa Plan. Council’s traffic consultant has also confirmed this is an appropriate rate for the proposed education/administration use.
The subject site is currently utilised as a car park for users of the site. The applicant will be required to consider how car parking is managed when the construction of Stage C & D commences. Therefore, the applicant will be required to lodge a construction management plan with Council to outline how this will be dealt with.
The existing two access points to Goodchap Street are to be retained and utilised for the proposed new development.  The northern access will be reconfigured to support Stage D. Further, the existing internal access on this part of the subject land will remain unchanged.
Completion of Stages
Stage C:
All buildings have been constructed in accordance with Stages A & B of the development.  However part of Stage C, consisting of the formalisation (sealing etc) of the ground level car park and a bus stop on Goodchap Street, associated with the development have yet to be constructed.
Stage D:
Given the approval has commenced and the development is being carried out in a staged manner, it is warranted that there be a sunset clause placed on the existing approval for the completion of Stage D.  A timeframe of 6 years has been specified in a new condition 77.
Stormwater
Stages C and D include a new bio-detention basin at the rear of the development. The proposed new building is to be roofed and generates stormwater runoff and requires stormwater quality management. The proposed development is to provide a new bio-detention basin at the rear of the development, which is to collect all stormwater from the new development as well as runoff from the Telstra Depot, and discharge treated stormwater to the parkland. The applicant will need to lodge an application for Operational Works in this regard.
The applicant’s stormwater management plan has modelled runoff from the Telstra site and managed this runoff as part of the development’s detention system. However, the stormwater management plan does not include treatment of these waters and nor is it reasonably required by the development. To ensure the bioretention basin functions as modelled, waters that have not been included in the model for stormwater quality improvement purposes need to be diverted away from the stormwater quality treatment (biobasin) device. The 23m3 of detention identified as being needed for the Telstra component of the development could be provided elsewhere (i.e. underground tanks etc). A special condition is necessary to ensure this is addressed at the Operational Works stage.
New standards are reflected in the amended conditions to ensure ongoing performance of water quality treatment in accordance with the Noosa Plan’s, Water Sensitive Urban Design Code.
Therefore, the existing stormwater management conditions have been amended and new conditions included.
Change to Conditions
3.4.1	Requested Changes
The applicant has requested conditions 1, 12 & 36 be changed to reflect the proposal. These conditions are to be changed to reflect new plans, additional gross floor area and car spaces.
In addition, it is noted that the site does not provide for motorcycle or scooter parking. Motorcycle spaces are not required in addition to the parking requirements. Scooters are popular in Noosa and the Professional Centre is a central destination. Therefore it is considered prudent to require spaces for motorcycle and scooters. It is proposed to require the applicant to provide 8 spaces for motorcycle or scooter parking. This is included within the proposed parking numbers and would occur through the conversion of 2 car spaces to equate to 8 motorcycle or scooter spaces.
3.4.2	Conditions to be amended as a consequence of this proposal
As a consequence of the development, Conditions 7, 8, 10, 44, 45, 46, 66, and 67 are required to be amended.  The consequential amendments include additional end of trip facilities, reflect the proposed height of the new building, access arrangements and stormwater requirements as discussed above.
3.4.3	Additional Conditions (18 July 2019)
The proposal for an Other Change requires new conditions relating to the new development proposed on site that includes a new building and a new use. The staging of the development and the requirement to upgrade the northern access as discussed in Section 3.3 is required to be conditioned appropriately.
As per discussion regarding amendments to Stormwater Conditions in Section 3.3 above, new conditions are also required for Stage C & D to ensure ongoing performance of water quality treatment, which is in accordance Water by Design Guidelines and the Water Sensitive Urban Design Code in Noosa Plan.
The subject site is currently utilised as a car park for users of the site. The applicant will be required to consider how they are to manage car parking when the construction of Stage C & D commences. Therefore, the applicant will be required to lodge a construction management plan with Council to outline how this will be dealt with.  A new Condition will be included accordingly.
Although the new building has limited visibility to the street, adjoining residences amenity may be affected. Therefore, it is considered necessary to buffer the development from adjoining residences. The building is proposed to be setback 3 metres from this boundary, providing an opportunity for a 2 metre wide landscape buffer, at a minimum.  The development will be conditioned accordingly.
Given the approval has commenced and the development is being carried out in a staged manner, it is warranted that there be a sunset clause placed on the existing approval for the completion of Stage D.  A timeframe of 6 years has been specified in new condition 77.
Therefore, new Conditions 68-77 are proposed.  Condition 65 has been deleted (the wording in this condition was updated to become new condition 69).
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council officers:
Co-ordinator, Engineering
Environment Officer
Property Adviser, Property
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. No properly made submissions were received.
conclusion & REASONS FOR DECISION
The application proposes a new building as an extension to the development that currently exists. The new building will facilitate a new administration space for the Central Queensland University and a Veterinary on the site. The proposal will result in the provision of additional on-site car parking which complies with the requirements of Noosa Plan. The proposal results in a change to numerous conditions of the current approval and the inclusion of new conditions to accommodate the new development.
The proposed use is considered in keeping with the Overall Outcomes sought for the Community Services zone and surrounding sites in the Noosaville Locality. The proposed development is compatible with other uses on the land and the built form is an extension to and complements the existing development.
Departments/Sections Consulted:

	Chief Executive Officer		Community Services	x	Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws	x	Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture	x	Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	9 JULY 2019

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Parking Parking Spaces
Previously Applied Required

Office — 1.141m 57 spaces

Medical — 1, ‘94 spaces.

Education — 800m" ‘40 spaces (prior approval)

Education — 1,923m" 192 spaces

Retail — 321m” 19 spaces

TOTAL 402 spaces