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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
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 Page 1 of 9
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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.
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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
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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.
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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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