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PLANNING & ENVIRONMENT COURT APPEAL NO. D44 of 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR FOOD AND DRINK OUTLET AND SHORT-TERM ACCOMMODATION AT 203 - 207 GYMPIE TERRACE, NOOSAVILLE · ATTACHMENT 1 - (MCU24/0074) - PLANNER'S REPORT

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               ATTACHMENT 1 - (MCU24/0074) - PLANNER'S REPORT
PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                 10 JUNE 2025


REPORT
At Council’s Ordinary Meeting of 20 March 2025 Council approved a development application for
material change of use for Food and Drink Outlet and Short-Term Accommodation (16 units) at
203 – 207 Gympie Terrace, Noosaville.

The application sought a redevelopment of the site by constructing a three-storey mixed use
building. The entire site is contained within the Tourist Accommodation zone with both approved
uses being consistent uses subject to code assessment.

Food and drink outlets are proposed at ground level comprising a total of 699 square metres gross
floor area (GFA) fronting Thomas Street and Gympie Terrace and two floors of Short-term
accommodation units (12 units plus 4 dual key units, totalling 16 units) above ground level. The
building includes a basement providing carparking spaces for patrons and guests of the
development.




                                      Figure 1 – Locality Plan




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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                  10 JUNE 2025




                                        Figure 2 – Site Plan



The following codes from the Noosa Plan 2020 were applicable to the assessment of the
development:

    Noosaville Local Plan Code;
    Tourist Accommodation Zone Code;
    Visitor Accommodation Code
    Business Activities Code
    Flood Hazard Overlay Code
    Land subject to acid sulphate soils Overlay Code
    Works Codes;

The proposal was assessed against the relevant codes and approved subject to conditions,
covering matters such as amenity, easements, external works, external works for car parking,
service vehicles, and waste collection.

The applicant has now lodged an appeal to the Planning & Environment Court. The applicant
seeks that the conditions be amended or deleted, specifically conditions 3, 13, 18, 20, 21, 22, 23,
28, 30, 35(d), 37(d) and (e), 39, 40, 43, 59, 61, 62, 63 and 64 which read as follows:




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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                      10 JUNE 2025


    Approved Plans
    3.      Development authorised by this approval must be undertaken generally in accordance
            with the Approved Plans listed in the tables below. The plans must be amended to
            incorporate the amendments listed within the table below and resubmitted to Council
            prior to the issue of any Development Permit for Operational Works*
    The following plans require amendment.
         Plan No.           Rev.   Plan/Document Name                                Date
         CD 2.01 C           C     Basement Plan prepared by Arkos 20.02.2025
                                   Architects
         Amendments        The plan is to be amended to accommodate the waste collection and
                           servicing to occur on site and consistent with engineering
                           requirements outlined in condition 61.
                           Additional information in relation to the ‘end of trip’ facilities are to be
                           included on the plan.
                           A total of 29 car parking spaces are to be shown for the Short term
                           accommodation use on either Basement Plan or Ground floor plan.
         CD 2.02 B           B     Ground Floor Plan prepared by Arkos 20.02.2025
                                   Architects
         Amendments        The plan is to be amended to demonstrate that a minimum of 1.0 metre
                           width of soft landscaping can be provided to all street frontages
                           particularly around proposed urban infrastructure in Albert Street.
                           The plan is to demonstrate a minimum of 375 square metres of
                           landscaping is provided on site excluding outdoor dining and paved
                           areas. Provide an updated calculation which separates all
                           landscaping areas individually to comprise 375 square metres of
                           landscaping.
                           The plan is to amend the number of ‘Tide’ structures to maximum
                           of 5, with each structure to provide shade to a seat, with the
                           structures to be built within the site boundary.
                           Carparks 2 - 12 are to be amended to accommodate landscaping
                           infrastructure in accordance with the Landscaping Works conditions
                           of this approval.
                           The ground floor plan is to accommodate on site refuse collection in
                           accordance with the engineering requirements stipulated in condition
                           61
         CD 2.03 C           C     Level 01 Plan prepared by Arkos Architects 26.02.2025
         CD 2.04 C           C     Level 02 Plan prepared by Arkos Architects 26.02.2025
         CD 2.05 C           C     Level 03 Roof Tce Plan prepared by Arkos 26.02.2025
                                   Architects
         CD 2.06 C           C     Roof Plan prepared by Arkos Architects            26.02.2025
         CD 3.01 B           B     Elevation 01 – Gympie Tce / North prepared 26.02.2025
                                   by Arkos Architects
         Amendments        The rooftop pergola structure is to be reduced to be no more than 2.2
                           metres in height above roof level. The pergola is not to be roofed or
                           covered with an impervious material.
                           The horizontal roof over stairs providing access to the roof top is not
                           approved and is to be amended to be reduced in height and to follow
                           the gradient of the stairs to reduce the appearance of a roofed area.
                           Any wall/s around the edge of the roof top terrace or on the roof area
                           are a maximum of 1.2 metres in height. A privacy wall is permitted
                           along the eastern side of the ‘Roof Terrace 2’ up to 1.7 metres in
                           height.
                           Any splash back around the pool is to be constructed from clear
                           glazing or similar.

                                                                                          Page 3 of 9

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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                           10 JUNE 2025


                   Walls located between the terrace areas are not approved and are to
                   be removed.
     CD 3.02 B       B     Elevation 02 – Thomas St / West prepared 26.02.2025
                           by Arkos Architects
     Amendments    The rooftop pergola structure is to be reduced to be no more than 2.2
                   metres in height above roof level. The pergola is not to be roofed or
                   covered with an impervious material.
                   The horizontal roof over stairs providing access to the roof top is not
                   approved and is to be amended to be reduced in height and to follow
                   the gradient of the stairs to reduce the appearance of a roofed area.
                   Any wall/s around the edge of the roof top terrace or on the roof area
                   are a maximum of 1.2 metres in height. A privacy wall is permitted
                   along the eastern side of the Roof Terrace 2 up to 1.7 metres in
                   height.
                   Any splash back around the pool is to be constructed from clear
                   glazing or similar.
                   Walls located between the terrace areas are not approved and are
                   to be removed.
     CD 3.03 B       B     Elevation 03 – East / Albert St prepared by 26.02.2025
                           Arkos Architects
     Amendments    The rooftop pergola structure is to be reduced to be no more than 2.2
                   metres in height above roof level. The pergola is not to be roofed or
                   covered with an impervious material.
                   The horizontal roof over stairs providing access to the roof top is not
                   approved and is to be amended to be reduced in height and to follow
                   the gradient of the stairs to reduce the appearance of a roofed area.
                   Any wall/s around the edge of the roof top terrace or on the roof area
                   are a maximum of 1.2 metres in height. A privacy wall is permitted
                   along the eastern side of the ‘Roof Terrace 2’ up to 1.7 metres in
                   height.
                   Any splash back around the pool is to be constructed from clear
                   glazing or similar.
                   Walls located between the terrace areas are not approved and are to
                   be removed.
     CD 3.04 B       B     Elevation 05 – South prepared by Arkos 26.02.2025
                           Architects
     Amendments    The rooftop pergola structure is to be reduced to be no more than 2.2
                   metres in height above roof level. The pergola is not to be roofed or
                   covered with an impervious material.
                   The horizontal roof over stairs providing access to the roof top is not
                   approved and is to be amended to be reduced in height and to follow
                   the gradient of the stairs to reduce the appearance of a roofed area.
                   Any wall/s around the edge of the roof top terrace or on the roof area
                   are a maximum of 1.2 metres in height. A privacy wall is permitted
                   along the eastern side of the ‘Roof Terrace 2’ up to 1.7 metres in
                   height.
                   Any splash back around the pool is to be constructed from clear
                   glazing or similar.
                   Walls located between the terrace areas are not approved and are to
                   be removed.
                   ‘Metal cladding with a profiled design’ to the southern elevation is not
                   approved. An alternative design treatment is required to be
                   developed and shown on the elevation.




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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                    10 JUNE 2025


                          A suggested alternative could involve greater use of lightweight
                          natural materials / articulation of the façade / green wall to result in a
                          more subtropical and sympathetic visual presentation.



    13.   Additional detailed plans and elevations showing all internal areas and design
          treatments to all Short term accommodation units and entrances are to be submitted
          to Council for written approval from the Development Assessment Manager prior to the
          issue of any building approval.
    18.   All mechanical equipment and other service infrastructure located on the site must be:
          a. located not less than 2 metres from a property boundary;
          b. fully enclosed or screened such that they are not visible from the street frontages
             nor adjoining properties. Where screened by landscaping, landscaping beds must
             be at least 1.5 metres wide.
    Amenity
    20.   The operation of the approved use must not detrimentally affect the residential amenity
          (including but not limited to noise, amplified music, overlooking, light spill or odour)
          enjoyed by surrounding residents or cause a nuisance, including a noise nuisance.
    21.   The premises must not be used as a party house, with no events, functions or parties
          (e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted
          on site.
    22.   The use must be operated in accordance with the Local Law requirements for Short
          stay letting at all times.
    23.   Service vehicle movements associated with non-residential uses on the premises
          (including loading and unloading) must not occur outside the hours of 7am to 6pm
          Monday to Saturday and not at all on Sundays or public holidays. The requirements of
          this condition must be included in the Community Management Statement for any body
          corporate for the subject site.
    Easements
    28.   Prior to Council issuing a Development Permit for Operational Works, demonstrate that
          the terms and conditions of the existing easements registered against the titles of Lot
          2 on RP138699, Lot 1 on RP161212 and any other relevant parties are not contrary to
          the increase in vehicle type and volume proposed as part of the development.
          Should the terms and conditions be found to be contrary, demonstrate that all parties
          are agreeable to amend the terms and conditions of the existing easements to allow
          for the increase in vehicle type and volume.
    30.   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.
    External Works – Gympie Terrace
    35.   Gympie Terrace must be upgraded for the length of its frontage to the subject site. The
          works must be undertaken in accordance with an Operational Works approval and
          must include in particular:
          a. the existing footpath between back of kerb and property frontage is to be upgraded
             with exposed coloured aggregate finish for the full width to the approval of the
             Design Coordinator - Infrastructure services.

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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                 10 JUNE 2025


          b. removal of the existing property accesses and reinstatement of the kerb, to match
             the balance of the site frontage;
          c. the verge area is to include street trees in accordance with the Landscaping Works
             and Retention of Existing Trees as part of this approval.
          d. the provision for 6 on-street carparks in a manner that does not disadvantage
             adjacent properties or the function and safety of the local road network – the
             6 on-street carparks must be line marked in accordance with AS2890.05,
             include a minimum width of 2.1m measured from kerb invert and achieve a
             minimum separation of 1 metre between all driveway crossovers and kerb
             tangent points to not disadvantage existing sight lines;
          e. the provision for 6 on-street motorbike parks in a manner that does not
             disadvantage adjacent properties or the function and safety of the local road
             network – the 6 on-street motorbike parks must be line marked in accordance
             with AS2890.05 and achieve a minimum separation of 1 metre between all
             driveway crossovers and kerb tangent points to not disadvantage existing
             sight lines; and
          f.   the existing kerb ramp on the eastern side of Gympie Terrace must be upgraded in
               accordance with Council’s standard drawing NSD-9006E.
          Condition 35 (a) is imposed pursuant to s128 of the Planning Act 2016 being necessary
          trunk infrastructure identified by Council’s LGIP to service the development.
          Conditions 35 (b, c, d, e and f) are imposed pursuant to s145 of the Planning Act 2016
          being non-trunk infrastructure.

    External Works – Albert Street
    37.   Albert Street must be upgraded for the length of its frontage to the subject site. The
          works must be undertaken in accordance with an Operational Works approval, be
          generally in accordance with RECOR’s General Arrangement Plan – Ground Floor
          (010, Rev. C) dated 20 December 2024 and must include in particular:
          a. a 1.5-metre wide concrete pedestrian footpath within the road verge for the entire
             length of the site’s frontage to Albert Street. The footpath’s width can be reduced
             (to a minimum of 1.2 metres), only in locations where a 1.5-metre wide footpath
             would impede on minimum clearances from services (i.e., light poles) or result in
             the creation of trip hazards for pedestrians;
          b. removal of the existing property accesses 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. the verge area is to include street trees in accordance with the Landscaping Works
             and Retention of Existing Trees as part of this approval;
          d. the provision for 6 on-street carparks in a manner that does not disadvantage
             adjacent properties or the function and safety of the local road network. The
             6 on-street carparks must be line marked in accordance with AS2890.05,
             include a minimum width of 2.1m measured from kerb invert and achieve a
             minimum separation of 1 metre between all driveway crossovers and kerb
             tangents point to not disadvantage existing sight lines; and




                                                                                    Page 6 of 9

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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                10 JUNE 2025


          e. the provision for 4 on-street motorbike parks in a manner that does not
             disadvantage adjacent properties or the function and safety of the local road
             network. The 4 on-street motorbike parks must be line marked in accordance
             with AS2890.05 and achieve a minimum separation of 1 metre between all
             driveway crossovers and kerb tangent points to not disadvantage existing
             sight lines.
    Condition 37 (a, b, c, d, and e) are imposed pursuant to s145 of the Planning Act 2016 being
    non-trunk infrastructure.
    39.   An assessment of the existing access driveway on Thomas Street must be undertaken
          in accordance with an Operational Works approval. The assessment must be prepared
          by a suitably qualified person (RPEQ) and include an assessment on the condition of
          the existing access driveway and provide recommendations to achieve compliance
          with Council’s standard drawing RS-051.
    Car Parking
    40.   A minimum of 56 car parking spaces and 10 motorcycle spaces must be provided and
          marked on the site and always made available and accessible while the use is open
          for business. The works must be undertaken in accordance with an Operational Works
          approval, be generally in accordance with Arkos’ Basement Plan (CD 2.01, Rev. C)
          and Ground Floor Plan (CD 2.02, Rev. B) dated 20 February 2025 and must include in
          particular:
          a. 29 parking spaces within the total, for Short-term accommodation uses and 27
             spaces for Food and Drink Outlet uses which are clearly marked for each purpose
             and accessible at all times;
          b. pedestrian routes in accordance with the conditions of this Decision Notice;
          c. 1 disabled parking space/s within the total; and
          d. dimensions, User Class, crossfalls and gradients in accordance with Australian
             Standard AS2890: Parking Facilities.
    Service Vehicles
    43.   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 must include in particular:
          a. 1 MRV spaces; and
          b. regular access for a Small Rigid Vehicle, Medium Rigid Vehicle, Heavy Rigid
             Vehicle and Refuse Collection Vehicle (Side Loader Series V (6x4)) – service
             vehicles must be able to enter the site from Albert Street, manoeuvre through the
             development and exit onto Thomas Street without exiting the designated “concrete
             driveway”.
    59.   All earthworks and associated retaining structures/batters, both above and below
          ground, both temporary and permanent, must be undertaken in accordance with an
          Operational Works approval, be generally in accordance with RECOR’s Bulk
          Earthworks Layout Plan (020, Rev. C) dated 20 December 2024 and contained entirely
          within the subject site unless written permission from the respective landowner(s) is
          provided to Council. All earthworks must ensure that adjacent properties and
          associated infrastructure is not disadvantaged by additional flows or adverse impacts
          on the functionality of access driveways and carparks.




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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                    10 JUNE 2025


     Waste Disposal
     61.   Prior to Council issuing a Development Permit for Operational Works, an amended
           Waste Management Plan must be submitted to council for approval that allows for all
           waste collection and servicing to occur on site. The amended Waste Management Plan
           must be prepared by a suitably qualified person who is experienced in waste
           management and includes in particular:
           a. Onsite collection of refuse/recycling should be done using 1100ltr low noise waste
              containers. Services to be done several times weekly to reduce the actual bin
              numbers on site; and
           b. provision for on-site servicing by a Refuse Collection Vehicle (Dennis Eagle Elite 2
              6x4 with rear lift configuration) - the Refuse Collection Vehicle must be able to enter
              the site from Albert Street, service the site, and exit on Thomas Street; and
           c. compliance with The Noosa Plan 2020 – Waste Management Code and PSP9
              Waste Management.
           d. the Refuse Collection Vehicle (Dennis Eagle Elite 2 6x4 with rear lift configuration)
              must enter via Albert Street and exit via Thomas Street.
     62.   The developer must provide waste storage and disposal facilities in accordance with
           Planning Scheme Policy 9 - Waste Management. The facilities must include an
           impervious area, within the site, 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.
     63.   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.
     64.   Storage, disposal and management of solid, liquid and vegetative waste is conducted
           in a safe and ecologically sustainable manner without environmental nuisance. In this
           regard, vegetated waste must be disposed of via a green waste bin or at a local transfer
           station.

The proposed development while incorporating appropriate uses for the site, included design and
layout elements which required the imposition of conditions requiring amended plans, inclusion of
on-street car parking to offset the on-site parking shortfall, in addition to standard conditions
addressing amenity, easements, earthworks, and service vehicles.

Notably, the applicant did not make Representations and has instead lodged an appeal seeking
for conditions to be amended and deleted.

The matter is in order for Council to defend the appeal and the recommendation is worded
accordingly.

Previous Council Consideration
The original application was decided by Council at the 20 March 2025 Ordinary Meeting.

Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.




                                                                                        Page 8 of 9

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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT                                     10 JUNE 2025



Human Rights Compatibility Statement
In developing this Report, the subject matter has been considered in accordance with the
requirements of the Queensland Human Rights Act 2019. It is considered that the subject matter
does not conflict with any human rights and supports a human rights approach to decision making
by Council. Council representatives will endeavour to act and make decisions under this report in
a manner that is compatible with human rights. This report should be read in conjunction with
Council’s Human Rights Policy.

Consultation
External Consultation - Community & Stakeholder
McCullough Robertson – Troy Webb

Internal Consultation
Departments/Sections Consulted:

    Office of the CEO, Mayor &                Community Services          Corporate Services
            Councillors
     Mayor & Councillors                   Director                    Director
     Chief Executive Officer               Community Development       Financial Services
     Executive Officers                    Sport & Active Lifestyles   Fleet
     Community Engagement                  Arts & Culture              Revenue Services
     People & Culture                      Community Connection        ICT
     Governance                            Customer Experience         Commercial Property
    Strategy & Environment &               Development & Regulation     Infrastructure Services
    Sustainable Development
     Director                          x   Director                    Director
     Strategic Land Use Planning       x   Development Assessment      Infrastructure Planning, Design
                                                                       and Delivery
     Economic     Development      &       Local Laws                  Civil and Asset operations
     Destination Management
     Environmental Services                Environmental Health        Asset Management
     Innovation & Digital Hub              Building & Plumbing         Building & Facilities
                                           Property / Permits          Disaster Management
                                                                       Waste




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