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2019-07-09 Planning & Environment Committee Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 9 July 2019
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson, Tony Wellington
“Noosa Shire – different by nature”
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Full text of sections 2 to 90 (of 128)
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 OPW19/0132 DEVELOPMENT APPLICATION FOR OPERATIONAL WORKS
(SIGNAGE) AT 143 EUMUNDI NOOSA ROAD, NOOSAVILLE 3
2 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 12
3 MCU18/0009.01 - MINOR CHANGE TO DEVELOPMENT APPROVAL FOR
MATERIAL CHANGE OF USE - MULTIPLE HOUSING - TYPE 3 RETIREMENT &
SPECIAL NEEDS AT 186 COOROY-NOOSA ROAD TEWANTIN 39
4 152006.1999.3 MINOR CHANGE TO DEVELOPMENT APPROVAL TO
RECONFIGURE A LOT (52 LOTS & PARK) AT 191 HOLLETT ROAD,
NOOSAVILLE 63
5 OPW19/0046 - PLANNING & ENVIRONMENT COURT APPEAL NO 1802 OF 2019
- REFUSAL OF APPLICATION FOR OPERATIONAL WORKS FOR SIGNAGE AT
1/100 RENE ST, NOOSAVILLE 80
6 PLANNING & ENVIRONMENT COURT APPEAL NO 1781 OF 2019,
ENFORCEMENT NOTICE FOR VEGETATION CLEARING AT 105 ILLOURA
PLACE, COOROIBAH 83
7 DEVELOPMENT ASSESSMENT FEES & CHARGES VARIATIONS FOR 1 APRIL
2018 TO 31 MARCH 2019 86
8 HEALTHY LAND AND WATER 3 YEAR AGREEMENT 94
9 CHANGES TO PLUMBING AND DRAINAGE ACT & PLUMBING AND DRAINAGE
REGULATION 111
10 COASTAL HAZARDS MAPPING REFINEMENT 118
11 CLIMATE EMERGENCY DECLARATION 121
CLOSED SESSION -
Page 2 of 128
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 OPW19/0132 DEVELOPMENT APPLICATION FOR OPERATIONAL WORKS (SIGNAGE)
AT 143 EUMUNDI NOOSA ROAD, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Billy Glover
Environment and Sustainable Development
Index ECM / Application / OPW19/0132
Attachments Nil
APPLICATION DETAILS
Applicant BDH Group Investments Pty Ltd TTE
Proposal Operational Works (Signage)
Properly Made Date 31 May 2019
Information Request Date Not required
Information Response Date Not required
Decision Due Date 5 August 2019
PROPERTY DETAILS
Property Address 143 Eumundi Noosa Rd Noosaville Qld 4566
RP Description Lot 1 SP 294726
Land Area 2,523.47m²
Existing Use of Land Retail Business Types 2 & 5
Entertainment and Dining Business Type 1
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Industry
Overlays Natural Hazard (Acid Sulfate Soils)
Assessment Type Code
Page 3 of 128
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 9 July 2019 regarding application No. OPW19/0132 for a Development
Permit for Operational Works (Signage), situated at 143 Eumundi Noosa Road, Noosaville and:
A. Refuse the application for the following reasons:
1. The application proposes an Advertising Device in the form of a Moving sign which is
inconsistent with:
i. The Overall Outcomes of the Advertising Devices Code of The Noosa Plan, being
that:
a. The proposed Advertising Device is not designed and integrated into the
built form so as to minimise visual clutter;
b. The proposed Advertising Device has the potential to adversely impact on
the visual amenity of the major road network;
c. The proposed Advertising Device has the potential to pose a hazard for
pedestrians, cyclists or drivers of motor vehicles;
d. The proposed Advertising Device does not accommodate the legitimate
need to provide directions and business identification in a manner that is
consistent with achieving the overall outcomes of the code; and
e. Moving signs are not located in Noosa Shire.
ii. The Specific Outcomes of the Advertising Devices Code of The Noosa Plan,
being that:
a. Moving signs are inconsistent Advertising Devices and are not located in
Noosa Shire;
b. The proposed Advertising Device has the potential to cause an
environmental distraction; create glare, reflection or flaring colours; and
create a potential safety hazard, including a traffic safety hazard; and
c. An advertising device does not move or incorporate elements that give the
impression of movement.
iii. The Probable Solutions of the Advertising Devices Code of The Noosa Plan,
being that:
a. Illuminated Advertising Devices are limited to 1 sign per tenancy.
B. Advise the applicant that Advertising Devices associated with the subject tenancy must not
exceed a single sign face area of 4m2 and a maximum total sign face area of 10m2. In this
regard, the applicant may wish to erect a non-illuminated and non-moving Wall sign as an
alternative to the proposed Advertising Device, in accordance with the Advertising Devices
Code of The Noosa Plan.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks approval for an outdoor wall mounted LCD Advertising Device (1.69m2)
located on the external wall of the existing 7 Eleven Service Station tenancy. The applicant submits
the following:
One digital display sign (LCD screen) is proposed to be installed (wall mounted) to the northern
elevation close to the entrance of the existing building and will replace the approved scrolling
advertisement board (figures 1 and 2).
Page 4 of 128
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Figure 1 – Location of proposed device
Figure 2 – Proposed Advertising device
Page 5 of 128
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
The specifications of the sign are as follows:
Outdoor LCD flat panel display;
LED direct back-light to make brightness more uniform, environment friendly and energy
saving;
Dimensions: H1650mm x L1025mm x W90.5 (65-inch screen);
Fan cooling system for temperature control; and
Automatic light-sensitive system.
The content of the screen will change periodically over time to display various products available
in store. As an example, it could be 5 images shown for 10 seconds each. This is similar to the
existing type and number of adverts that would be shown on the existing scrolling sign.
The screen has a built in ambient light sensor that adjusts the brightness of the screen based on
the environmental light. The brightness level is flexible and the LUX output can be controlled
manually or automatically. The maximum luminance (in candela per square metre- cd/m²) will be:
4000cd/m² - daytime
700cd/m² - dawn/dusk
350cd/m² - night
The signage will not give a veiling luminance of greater than 0.25cd/m².
The proposed location of the sign will have minimal to no impact on passing vehicles and
pedestrians travelling on Eumundi Noosa Road. The size, location and limited content changes
will provide a safe environment for vehicles and pedestrians travelling through the area. The intent
is to advertise to customers already on site as opposed to attracting passers-by.
The sign will be structurally affixed to the building and meet any relevant deemed-to-satisfy
provisions of the Building Code of Australia (BCA).
The purpose of this DA is to gain approval for a single digital sign which will be used for information
and product display purposes. There are no changes proposed to any other building or site
signage. Similarly, there are no changes proposed to the approved operation, including hours,
delivery times or waste collection.
Figure 3 – Locality Plan
Page 6 of 128
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
2. SITE DETAILS
2.1. Background
A Material Change of Use was approved in 2015 (MCU14/0102) over Lot 1 & 2 SP294726 for a
mixed use development as follows:
Service station
Convenience store
Restaurant
Retail, industrial and warehouse type uses
Associated car parking and signage
The site was developed in 2016 and all tenancies have since been filled. At the time, the original
application was publicly notified, 14 properly made submissions were received (1 objection and 13
in support). The objection was primarily concerned with car parking, traffic generation, fuel storage
and the financial viability of existing food outlets.
Changes to this approval are detailed as follows:
MCU14/0102.01 - On 24 September 2015 Council approved a change to the approval which
primarily consisted of the inclusion of a vehicle drive through to the rear of the food outlet and minor
changes to floor areas and car parking.
MCU14/0102.02 - On 23 October 2015, Council approved a change to the approval to remove
Retail Business Type 6 – Hardware Store from the approval.
MCU14/0102.03 - On 14 March 2016, Council approved a change to the approval for minor built
form alterations to the entertainment and dining business use and to relocate one pylon sign from
Walter Hay Drive to Eumundi Noosa Road and change the approval to locate 3 illuminated signs
facing Eumundi Noosa Road.
MCU14/0102.04 - On 26 August 2016, Council approved a Material Change of Use to include a
showroom within the commercial complex.
MCU14/0102.05 – On 21 March 2017, Council approved a request to make a change to the existing
approval, to include Retail Type 6 Hardware for Shops 1 & 2.
MCU14/0102.06 – On 12 July 2017, Council approved a request to make a change to the existing
approval, to include additional floor area of 67m2 for a mezzanine level within the existing Trade
Tools tenancy.
The current approval (MCU14/0102 & OPW15/0051) allows for 2 illuminated pylon signs with a
maximum height of 5 metres on the Eumundi Noosa Road frontage and smaller one (not
illuminated) on the Lionel Donovan frontage. These signs are existing.
Refused changes to this approval and refused operational works (signage) are as follows:
MCU14/0102.07 & OPW17/0570 – On 21 December 2017, Council refused a request to make a
change to the existing material change of use approval over the site and proposed operational
works (signage), to erect a 5 metre illuminated freestanding pylon sign fronting Walter Hay Drive.
Page 7 of 128
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Figure 4 – Existing and Proposed Tenancy Signage
2.2. Site Description
The subject site of this application (Lot 1 only) is 2,523.47m2 in area and is generally flat. The site
comprises two tenancies (7 Eleven Service Station and KFC) accessed by Eumundi Noosa Road
and Lionel Donovan Drive.
2.3. Surrounding Land Uses
The site is predominantly surrounded by Industrial Business uses in the Industry zone. Other uses
in the area include Retail (Trade Tools, Repco); Showrooms (Autopark) Community (School); and
Residential (Retirement Community).
3. ASSESSMENT
3.1. 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.
3.2. 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.
Page 8 of 128
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the
application:
SEQ Development Area
The proposal is for an urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the following code to the extent the code is relevant to
the development:
Advertising Devices Code
The subject site is located in the Noosaville Locality and is zoned Industry. The proposed
Advertising Device is identified as an inconsistent device within the Advertising Devices Code and
is required to follow a code assessable application process.
Overall, Specific and Probable Solutions
The following sections of the code are relevant to this application:
Moving sign
Specific Outcome O1 of the code states:
The following advertising devices are inconsistent with the overall outcomes sought by this
Code and are not located in Noosa Shire—
a) Balloons or other gas filled advertising devices
b) Blind signs
c) Moving signs
d) All roof signs
e) Signs illuminated by, or incorporating, neon lighting;
f) Signs with a signface area exceeding the Acceptable Solutions of this Code or 4m2 ,
whichever is the lessor
g) 3-Dimensional sign
h) Any combination of signs on one premise with a combined signface area exceeding
the Acceptable Solutions of this Code or 10m2 whichever is the lesser i)
Bunting/Banners
i) Portable Trailer signs
j) Projected signs
k) Third party signs.
Specific Outcome O8 of the code states:
An advertising device does not move or incorporate elements that give the impression of
movement.
Illumination
Specific Outcome O7 of the code states:
An advertising device only incorporates illumination and lighting where it:-
a) is appropriate to its setting and is compatible with the visual amenity of the surrounding
area;
b) does not cause an environmental nuisance or distraction;
c) does not create glare, reflecting or flaring of colours; and
d) will not create a potential safety hazard, including a traffic safety hazard.
Additionally, Probable Solution S7.2 of the code states:
Page 9 of 128
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Where the advertising device is illuminated, it:-
a) has a maximum luminance of 350 candelas per m²;
b) does not incorporate flashing lights;
c) is switched off between 11:00pm and sunset of the following day; and
d) is limited to 1 sign per tenancy.
Assessment
The application and proposal does not demonstrate compliance with the above specific outcomes
and probable solution.
The proposal is inconsistent with the Advertising Devices Code as the proposed LCD Advertising
Device is a Moving sign. The function of the proposed device is to move and will give the
impression of movement. To reiterate, the applicant submits:
The content of the screen will change periodically over time to display various products
available in store. As an example, it could be 5 images shown for 10 seconds each. This is
similar to the existing type and number of adverts that would be shown on the existing
scrolling sign.
The movement or ability for the device to move subsequently defines the device as a Moving sign.
The Advertising Devices Code identifies the proposed device as an inconsistent use and seeks
that they are not located within the Noosa Shire. Additionally, contrary to the applicant’s
submission, it should be noted that a ‘scrolling sign’ was never approved by Council and does not
exist on the site.
Furthermore, Condition 121 of the existing Material Change of Use approval over the site states:
The approved signs must not revolve, move, contain moving parts, change its message,
flash, have a moving or flashing border, or give the impression of movement in any way.
The proposed Advertising Device does not comply with the existing Material Change of Use
condition outlined above.
The subject tenancy (7 Eleven) already has one illuminated sign associated to the business use.
The Noosa Plan generally does not support more than one illuminated sign per tenancy,
particularly when visible from the one street frontage, though the adjoining tenancy (KFC) was
given approval for 2 x illuminated signs (1 x Pylon sign and 1 x Wall sign). The existing 7 Eleven
illuminated pylon sign and the 7 Eleven petrol bowser canopy downlights appear prominent from
the streetscape perspective. The illuminated parapet of the building also provides sufficient public
identification of the 7 Eleven tenancy building at night time, any proposed additional illuminated
signage on the site is considered to be excessive and unnecessary.
On this basis, the proposal is not supported as it is inconsistent with:
i. The Overall Outcomes of the Advertising Devices Code of The Noosa Plan, being that:
a. The proposed Advertising Device is not designed and integrated into the built form so
as to minimise visual clutter;
b. The proposed Advertising Device has the potential to adversely impact on the visual
amenity of the major road network;
c. The proposed Advertising Device has the potential to pose a hazard for pedestrians,
cyclists or drivers of motor vehicles;
d. The proposed Advertising Device does not accommodate the legitimate need to
provide directions and business identification in a manner that is consistent with
achieving the overall outcomes of the code; and
e. Moving signs are not located in Noosa Shire.
ii. The Specific Outcomes of the Advertising Devices Code of The Noosa Plan, being that:
a. Moving signs are inconsistent Advertising Devices and are not located in Noosa Shire;
Page 10 of 128
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
b. The proposed Advertising Device has the potential to cause an environmental
distraction; create glare, reflection or flaring colours; and create a potential safety
hazard, including a traffic safety hazard; and
c. An advertising device does not move or incorporate elements that give the impression
of movement.
iii. The Probable Solutions of the Advertising Devices Code of The Noosa Plan, being that:
a. Illuminated Advertising Devices are limited to 1 sign per tenancy.
The total existing signage associated with the 7 Eleven tenancy equates to 3.44m 2 (excluding the
two 3.24m2 signs on the Pylon sign). As such, it should be noted the applicant may lawfully erect
a non-illuminated and non-moving Wall sign at the proposed location without an application to
Council.
4. DRAFT LOCAL LAW
The draft planning scheme does not include provisions regarding advertising devices. It is
proposed that both temporary and permanent advertising devices will instead be regulated under
a local law. The proposed new local law would start at the same time as the new planning scheme.
The draft new local law is currently in public notification and it is intended to commence at the same
time as the new planning scheme. The new local law includes an alternative for Window sign(s) to
provide for the use of an LCD/digital screen, subject to Council approval and annual licence
renewal. The Window sign advertising device may include the display of a maximum of 1
LCD/digital screen Window sign to a maximum size of 0.5m2, but the digital screen must not
operate after 11.00pm or before sunrise on any day. In this instance, the proposed advertising
device is greater than the maximum sign face area and is not located in a window.
It is also noted that Animated sign, Flashing sign, and Moving sign device types are otherwise
prohibited under the draft Advertising devices local law. This would prohibit the sign which is the
subject of this application.
5. CONSULTATION
5.1. Other Referrals
The application was forwarded to the following internal Council officers:
Nil
6. CONCLUSION & REASONS FOR DECISION
The location of the proposed illuminated Moving sign is on the external wall of the existing tenancy
and is viewable from the Eumundi Noosa Road roadway and other adjoining sites.
The proposed sign is a Moving sign which The Noosa Plan identifies as an Advertising Device
which is not to be located in the Noosa Shire. On this basis, it is recommended the application be
refused.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws 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 Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 11 of 128
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
2 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 INFORM AT ION
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
Page 12 of 128
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No Plan/Document Name Date
CP2 .02C-1 Overall Parking Layout, drawn by Middap Architecture Pty May 2016
Ltd
0427-DA02E Site Plan - Overall Podium Level drawn by Middap Ditchfield 13/12/2007
Pty Ltd
Amended in Red
9427 - DA03E Site Plan - Overall Upper Plan, drawn by Middap Ditchfield 13/12/2007
Pty Ltd
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 13/12/2007
Ltd
0427 - DA07D Stage 2 Roof Plan, drawn by Middap Ditchfield Pty Ltd 13/12/2007
0427- DA08D Existing Approved Elevations & Sections, drawn by Middap 13/12/2007
Ditchfield Pty Ltd
0427- DA09D Proposed Elevations & Sections, drawn by Middap Ditchfield 13/12/2007
Pty Ltd
Plan of Lots 4, 5 & Emt D (Restricted) in Lot 4 SP 196846,
drawn by Jones Flint & Pike
DA 01F Site Plan, drawn by Middap Architecture March 2017
Pt (as annotated by Council)
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 March 2017
Council)
DA 05F Elevations (North-east & South-East), drawn by Middap March 2017
Architecture (as annotated by Council)
DA 06F Elevs (South West & North West) and Section March 2017
2. 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.
Page 13 of 128
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
3. 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.
4. 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.
5. Any advertising sign or device is to comply with Council's policies on advertising.
6. All goods are to be displayed on site within the property boundaries and/or on the
premises approved for the use.
7. 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.
8. End of trip facilities shall be provided within the approved buildings at a minimum
rate of 24 lockers and 4 showers.
9. 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;
a. building B, which may be 3 storeys in height; and
b. 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.
11. 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:
a. Education - Type 3 Adult, 3,398m² comprising a maximum of 1,400m² student
contact area and 1,998m² of non-student contact area;
b. Retail Business - Type 1 – Local, 100m²;
c. Retail Business Type 2 - Shop and Salon and or Entertainment and Dining
Business Type 1 - Food and Beverages, 236m² (includes 16m² of outdoor dining);
d. The remaining use area being available for:
i. Commercial Business Type 1 – Office;
ii. Commercial Business Type 2 – Medical; and
iii. Commercial Business Type 3 – Veterinary.
Student contact area comprises all areas used for student lectures, tutorials or the
like.
Page 14 of 128
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
13. Any new hot water systems installed shall be either solar systems; electric heat
pump systems; or gas systems (LPG or natural).
14. 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.
15. Deleted.
16. The development shall be undertaken in accordance with the recommendations of
the Acoustic Report prepared by TTM Consulting (SC) Pty Ltd.
17. 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.
18. 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.
19. 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.
20. 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
21. The lot reconfiguration shall be in accordance with plan SP196846 as submitted
by Jones Flint & Pike Pty Ltd except as modified herein.
22. 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.
23. 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.
24. 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.
25. 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
26. The eastern site access intersection shall be modified to increase the length of the
parallel right turn storage lane to at least 20 metres.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. All vehicles shall enter and leave the site in a forward direction.
Loading Areas
34. 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.
35. 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
36. 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.
37. 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.
38. Vehicular access to the site shall be primarily from Goodchap Street and car
parking shall be generally in accordance with the approved plans.
39. All carparking shall be kept, maintained and line-marked in a condition fit for use.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
40. 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
41. 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
42. 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
43. 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
44. 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:
45. 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.
46. 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.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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.
47. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
48. 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
49. 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.
50. For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the
development shall be served by:
50.1 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
50.2 Individual water meters to each tenement capable of being separately
rated, and
50.3 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
51. 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.
52. 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.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Acid Sulfate Soils
53. 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
54. 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.
55. 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:
STAGE B TOTAL
Contribution Required For: STAGE A (in addition to Stage A+
Stage A) Stage B
PSP12 - Public Open Space $3,233 $0 $ 3,233
Contributions (Park)
PSP16 - Seweraqe Headworks $ 34,617 $ 14,785 $49,402
Contributions
PSP17 -Water Supply $29,629 $25,727 $55,356
Headworks Contributions
PSP20 - Pathway Trunk $ 3,266 $0 $3,266
Network Contributions
TOTAL Contribution Amount = $ 70,745 $40,512 $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.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
General
56. 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.
57. 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.
58. 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
59. 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 .
60. 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.
61. 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.
62. Noise emission from air conditioning equipment shall comply with the following
requirements:
62.1 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.
62.2 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.
62.3 A perso· n must not use equipment on any day if it makes or causes
noise to be made
62.3.1 Before 7am or after 1Opm: More than the lower of either -
• 40 d(B)A
3 d(B)A above the background noise level
62.3.2 From 7am to 7pm: More than the lower of either -
• 50 d(B)A
5 d(B)A above the background noise level
62.3.3 From 7pm to 10pm: More than 3 d(B)A above the background
noise level.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Additional Conditions (7/3/08)
63. 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:
a) Provide for the installation, maintenance and preservation of the private
water an electrical services that supply the separate parts of Lot 4,
b) Provide for the maintenance of the road reserve in those parts affected by
the private services,
c) State that the applicant is responsible for obtaining approval for the design
and construction of the various services from the relevant authority,
d) 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
e) 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.
64. The required contributions shall be paid to Council and the associated car
parking constructed.
Additional Conditions (16/3/10)
65. Deleted
66. 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:-
i. Be located generally in accordance with Drawing No. P1OC, Job No. 06679
prepared by TOD Noosa dated 29 May 2009,
ii. Be designed and constructed generally in accordance with Translink's
"Regular Stop" as shown on Translink Drawing No. TL-R02 with the
following modifications:
a. The kerb type in the tapers must provide unimpeded access to the two
affected residential properties,
b. The minimum taper on the approach should be approximately 20m,
c. The new taper should be 1 in 7, and
d. The minimum length of the bus stop itself is 20m.
iii. The pad, seat, bin, signage and tactile indicators as shown on Translink's
"Regular Stop" as shown on Translink Drawing No.TL-R02.
iv. Any modifications to and realignment of the existing residential access
driveways,
v. 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.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
67. 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:
68. Staging of the development is to be in accordance with Site Plan DA 01F (as
annotated by Council).
Access for Stage D
69. 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:-
i. The linemarking necessary to provide the right turn lane and
associated medians,
ii. The direction linemarking within the existing access,
iii. The widening of the current vehicle crossover, and
iv. 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
70. 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)
71. 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.
72. 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.
73. 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
74. A Construction Management Plan must be submitted to Council prior to a pre-start
meeting and must specifically address the following:
a. Traffic Management during all aspects of the construction phase including:
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
i. 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
ii. Adequate parking arrangements for patrons utilising the site and
construction workers
iii. Proposed fencing to the site during the construction phase of the
development
iv. 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
b. Maintenance and protection of the adjoining Lake Doonella Bush Reserve
c. Maintenance and protection of water quality and existing drainage lines through
the construction site through the implementation of appropriate erosion and
sediment control measures
d. Works programme identifying key components of the works and their respective
durations
e. 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
f. Identification of complaint management procedures including:
i. contact details for the on-site manager
ii. 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
75. 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
76. 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
77. 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.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
REPORT
1. 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.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Figure 1 – Proposed development
2. SITE DETAILS
2.1. 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.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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)
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
2.2. 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
2.3. 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.
3. ASSESSMENT
3.1. 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.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
3.2. 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.
3.3. 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.
Page 28 of 128
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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.
Page 29 of 128
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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.
3.4. 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.
Page 30 of 128
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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).
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Other Referrals
The application was forwarded to the following internal Council officers:
Co-ordinator, Engineering
Environment Officer
Property Adviser, Property
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. No properly made submissions were received.
Page 31 of 128
Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
5. 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
Page 32 of 128
Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Page 33 of 128
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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Page 33 of 128Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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Page 34 of 128Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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Page 35 of 128Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Page 36 of 128
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Page 36 of 128Section 37
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Page 37 of 128
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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Page 37 of 128Section 38
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Page 38 of 128
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Page 38 of 128Section 39
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
3 MCU18/0009.01 - MINOR CHANGE TO DEVELOPMENT APPROVAL FOR MATERIAL
CHANGE OF USE - MULTIPLE HOUSING - TYPE 3 RETIREMENT & SPECIAL NEEDS
AT 186 COOROY-NOOSA ROAD TEWANTIN
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development
Index ECM/Application/MCU18/0009.01
Attachments 1. Proposal Plans
APPLICATION DETAILS
Application No. MCU18/0009.01
Development Approval Material Change of Use - Multiple Housing –Type 3
Retirement & Special Needs
Applicant Noosacare Inc
Request Received On 10 April 2019
PROPERTY DETAILS
Property Address 186 Cooroy Noosa Rd Tewantin Qld 4565
RP Description Lot 2 RP 177554
Land Area 4.4 hectares
Existing Use of Land Multiple Housing - Type 3 Retirement and Special Needs
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Tewantin and Doonan
Zone Community Services
Overlays Biodiversity Overlay: Environment Protection Area
Natural Hazard Overlay: Bushfire Hazard and Acid Sulfate
Soils
Assessment Type Minor Change to Development Approval
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 9 July 2019 regarding Application No. MCU18/0009.01 to make a minor change to
an existing approval for Material Change of Use - Multiple Housing –Type 3 Retirement & Special
Needs situated at 186 Cooroy Noosa Rd Tewantin and:
A. Approve the change and amend conditions 1, 6, 26 and 36 to read as follows:
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Page 39 of 128
Section 40
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Plan No. Rev. Plan/Document Name Date
A101A Existing Part Site Plan by Middap Architecture Feb 2019
A102A Proposed Site Works Plan by Middap Architecture Feb 2019
A103B B Proposed Building Plan by Middap Architecture Feb 2019
A104B B Site Plan with Section and Elevation References by Middap 18.03.2019
Architecture
A105B B Site Elevations by Middap Architecture 18.03.2019
A106B B Typical Villa Sections by Middap Architecture 18.03.2019
A201B B Villas and Service Core Floor and Roof Plan by Middap 18.03.2019
Architecture
A202B B Proposed Villas and Service Core 3D Views by Middap 18.03.2019
Architecture
A203A Proposed Entry Building Floor and Roof Plan by Middap 18.03.2019
Architecture
A204A Proposed Entry Building Elevations and 3D Views by Middap 18.03.2019
Architecture
A205B B Proposed Villa 1 and 2 Floor and Roof Plan by Middap 18.03.2019
Architecture
A206B B Proposed Villa 1 and 2 Elevation and 3D Views by Middap 18.03.2019
Architecture
A207A Proposed Villa 3 and 4 Floor and Roof Plan by Middap 18.03.2019
Architecture
A208A Proposed Villa 3 and 4 Elevation and 3D Views by Middap 18.03.2019
Architecture
6. A maximum building height of 2 storeys and 9.30 metres for Villas 1 and 2 and 9.75
metres for Villas 3 and 4 in accordance with the approved plans. The Entry Building
must not exceed 2 storeys and 8.0 metres.
26. All works must be constructed and work procedures undertaken in accordance with:
a. The approved plans, the approved amended plans and the conditions detailed in
this Decision Notice.
b. The document ‘Proposed Cartwright Village Extension – Carramar, Noosa Care
Integrated Water Management Plan Version 4 by Callaghan & Toth dated June
2019.
c. The document ‘Noosa Care Inc Cartwright Village Extension Carramar, Cooroy
Noosa Road, Tewantin Preliminary Design of Stormwater Detention Volume’ by
BSM dated 21 December 2017.
d. The document ‘Flood Study Noosa Care – Carramar’ by Cardno dated 24 July
2017.
e. The Addendum Letter by Cardno (document number WE17064) dated 23 March
2018.
f. The Technical Memorandum by Cardno (ref WE17064_Carramar_TM01) dated
27 September 2018.
g. A minimum Finished Floor Level (FFL) of the Aged Care Facility and any
associated facilities at 8.80m AHD.
h. A minimum Finished Floor Level (FFL) of the Independent Living Units of 8.80m
AHD.
i. All relevant Noosa Council Planning Scheme Policies, standard drawings,
standard specifications and guidelines are to be adhered to.
36. Prior to obtaining a Development Permit for Operational Works the land area identified
as being to the east of the proposed wetland fence on Middap Architecture Pty Ltd -
Plan A102A (Proposed Site Works Plan February 2019) be dedicated to Council in fee
simple on trust for the purpose of an Environmental Park. The land to be dedicated is
“non-trunk infrastructure” for the purposes of the Planning Act 2016.
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Section 41
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
B. Rectify item 9 within the Decision Notice to reflect that a further Development Permit for
Material Change of Use is not required.
C. Include the following additional conditions:
46. Privacy screening to the northern elevation as detailed on the approved plans must be
designed and maintained to ensure that there is no overlooking into the adjoining
residential properties.
47. All elements of the approved Integrated Stormwater Management Plan system must
be maintained in accordance with the Water by Design, Maintaining Vegetated
Stormwater Quality Treatment Assets or manufacturer’s maintenance protocol where
appropriate.
48. Stormwater management measures must be maintained in accordance with this
approval and a contract by an appropriate company to undertake maintenance in
accordance with this approval for a minimum 10 years must be signed and provided to
Council prior to the commencement of use.
D. Delegate the powers of Council under the Planning Act 2016 for minor change applications
for this development to the Chief Executive Officer.
E. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks approval to change an existing development approval for Multiple Housing -
Type 3 Retirement and Special Needs.
The applicant advises:
The applicant has now further reviewed the viability of the project and the overall operations
and due to the costs of construction now seeks to change the existing approval and reduce
the number of buildings on site and provide the additional beds through the inclusion of an
additional storey on two buildings at the rear of the site. The previously approved buildings
at the front of the site over the carpark are to be deleted.
The proposed changes include:
Two storey dementia buildings at the rear of the site for 32 beds;
Revised entry building at front of site;
Deletion of approved buildings over front carparking area;
6 new carparking spaces within the front carpark;
All buildings located above the Q100 flood line; and
All buildings consistent with fire management recommendations.
The proposed changes require consequential amendments to conditions 1, 6, 26, 36 and
rectification of item 9 within the Decision Notice.
The minor change application is before Council as the Development Permit was originally
determined by Council. The subject site is detailed in the following images.
Page 41 of 128
Section 42
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Figure 1: Locality Plan
Figure 2: Subject site
2. BACKGROUND
The site was originally gifted from Noosa Shire Council to Noosa Care Incorporated in 1975 for the
purposes of providing aged care.
Page 42 of 128
Section 43
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
A substantial development known as ‘Carramar Noosa Homes’ is currently located on the site. The
complex has been operating over a number of years with several extensions progressively being
added to the facility. The existing development consists of 142 residential rooms containing one
bed, including a special care dementia building containing 32 rooms, and ancillary features
including a community centre, staff building and administration building, which the applicant
advises amounts to 9093m2 in gross floor area and approximately 19% site cover.
A Preliminary Approval for a Material Change of Use Multiple Housing Type 3 Retirement and
Special Needs was issued 21 August 2018. The original application was for an additional 48 beds
in 6 accommodation villas. The Preliminary Approval was issued due to the identification of
development constraints related to the habitat of the threatened Swamp Crayfish, flooding, wetland
vegetation and car parking.
The applicant suspended the appeal period on 31 August 2018 and made representations on 2
October 2018. The representations sought a Negotiated Decision Notice to change the decision
type from a Preliminary Approval to a Development Permit for a Material Change of Use and amend
conditions 1. The representations were approved on 15 November 2018 with an amended layout
providing for an additional 32 beds in 4 accommodation villas.
2.1. Site Description
The site is an irregular shaped parcel of land and comprises an area of 4.43 hectares. The site
slopes gently from the western boundary down to the eastern boundary towards a well vegetated
watercourse which forms part of the open space system in the surrounding Noosa Parkland estate.
This area is well vegetated with a range of melaleuca, casuarina and eucalypt species, with some
limited areas of mown grass. Land to the west, north and east is zoned for residential development
and contains residential dwellings of one to two storeys. The eastern boundary adjoins parkland,
with Wooroi State Forest located opposite the site on the southern side of Cooroy Noosa Road.
3. ASSESSMENT
3.1. 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.
The following codes from the Noosa Plan are applicable to this development:
Tewantin and Doonan Locality Code
Residential Uses Code
Landscaping Code
Engineering Works Codes (including Driveways and Carparking Code)
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the
Planning Act 2016. An application for a minor change to a development approval can only be made
in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
the development would not result in substantially different development as the number of
rooms is remaining as originally approved;
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new matters prescribed by regulation;
the original application was code assessable and the change does not cause the application
to become impact assessable.
3.3. Statutory Instruments – Planning Scheme
Locality Provisions
The subject site is located in the Tewantin and Doonan Locality and is zoned Community Services.
The proposed use is identified as a consistent use within the zone and is required to follow a code
assessable application process.
The proposed residential aged care use will in part satisfy a significant need for aged care facilities
within the Noosa region. It is also noted that there are limited opportunities of appropriately zoned
land for the development of aged care facilities.
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:
Plans
The following images depict the site plans of the approved development and the proposed changed
development:
Figure 3 – Approved development layout
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Section 45
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Figure 4 – Proposed development layout
The following table details the key development parameters:
Criteria Planning Scheme Proposal Complies?
Site Area - 4.43ha N/A
Population density 320 persons per hectare 64.33 persons per
max. hectare
Gross floor area 56,704m2 Existing: 9,093 m2
Proposed: 2,800m2
Total: 11,893m2
Site cover N/A Existing: 18.9% N/A
Proposed: 3.9%
Total: 22.80%
Building height
storeys 2 storeys max 2 storeys
metres 8 metres 9.9 metres X
Setbacks Front: 6 metres > 30 metres
Rear: 6 metres 6.5 metres
Eastern side: 4.25 metres 14 metres
The layout of the development has been amended by removing the 2 villa units over the car park,
repositioning the location of the entry building and developing 2 storey buildings to the rear of the
site to accommodate the 4 villas and a service core.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
The proposed new footprint complies with the requirements of the Bushfire Management Plan,
maintains all development above the 1% AEP Q100 flood line and outside of the swamp crayfish
habitat area.
The primary issue of the amended layout is the potential amenity impacts on the adjoining
residential properties to the north of the double storey buildings. In this regard, the 6.5 metre
setback of the buildings to the northern boundary remains consistent with the original approval and
is compliant with the minimum 3.0 metre setback required by the planning scheme. This setback
to the northern boundary is varied, increasing to at least 10 metres for both the building, which
accommodates Villas 1 and 2, and the service core building. The setback provides the opportunity
for landscaping to be provided between the buildings and the boundary. Concerns were raised with
the applicant regarding the northern elevation particularly with regards to building bulk and the
potential for overlooking. In response to these concerns the applicant amended the northern
elevation by providing increased articulation and visual interest. The privacy concerns were
addressed by the inclusion of screening to villas 1 and 2. It is recommended that the following
additional condition be included to ensure that the privacy screening remains fixed:
46. Privacy screening to the northern elevation as detailed on the approved plans must be
designed and maintained to ensure that there is no overlooking into the adjoining
residential properties.
The following images detail the original and amended northern elevation:
Figure 5 – Northern elevation as originally proposed
Figure 6 – Northern elevation as amended
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The original approval required that all buildings have a maximum height of 2 storeys and 8.0
metres, except for Villa 2 which may be 8.50 metres. Villa 2 on the original approved plans was
situated above the existing car park to the front of the site. The current proposal maintains the 2
storey height limit but results in the buildings to the rear of the site exceeding 8 metres. The
following table details the heights of these buildings:
Villa building Extent of fill Height to top of wall Height to top of roof
above natural ground above natural ground
level level
Villa 1 and 2 1.10 metres 7.17 metres 9.30 metres
Villa 3 and 4 1.50 metres 8.11 metres 9.75 metres
The increased height is generally related to the extent of fill required for each building. The fill
creates a platform for the new buildings which is consistent with the level of existing development
on site to the west of the proposed buildings. The applicant advises….that the fill is required to
provide a relatively level site for residents noting that many utilise walking frames or have stability
issues. Minimising trip hazards such as stairs or significant changes in level is an important
component of Carramar’s safety requirements.
Whilst the maximum height of the buildings require a significant variation to the 8.0 metre maximum
building height permitted by the planning scheme, the variation does not result in the buildings
dominating the street, surrounding spaces or the existing skyline. It is noted that approximately
900mm of the building height relates to the skylights which are centrally located and unlikely to be
visible to surrounding properties. It is also noted that the applicant maintains compliance with the
scheme requirements by providing a 7o roof pitch. It is recommended that the variation to the
building height be supported and the relevant conditions be amended to reflect the amended plans.
Further, the amended layout has been reviewed by Council’s Environment Officer (water quality)
who is satisfied with the revised Integrated Stormwater Management Plan on the basis that the
following additional conditions be included which address the ongoing maintenance of the system.
47. All elements of the approved Integrated Stormwater Management Plan system must
be maintained in accordance with the Water by Design, Maintaining Vegetated
Stormwater Quality Treatment Assets or manufacturer’s maintenance protocol where
appropriate.
48. Stormwater management measures must be maintained in accordance with this
approval and a contract by an appropriate company to undertake maintenance in
accordance with this approval for a minimum 10 years must be signed and provided to
Council prior to the commencement of use.
Consequential changes to conditions
The amended plans require consequential changes to conditions 1, 6, 26(b) and 36. The changes
generally relate to the amended list of plans, and conditions which make reference to plans which
have been updated. The amendment to condition 6 relates to the increased height of the
development. Furthermore Item 9 of the decision notice is to be rectified to remove the reference
to the remnant requirement for a further Development Permit for Material Change of Use being
required.
4. DRAFT PLANNING SCHEME
The draft Noosa Plan proposes to zone the site Community Facilities (Residential Care Facilities)
and a future application would be subject to code assessment. The extent of site covered by the
Biodiversity Overlay is proposed to be reduced, being more reflective of the existing vegetation
cover. The flood hazard is consistent with Council’s current modelling.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
5. CONSULTATION
5.1. Referral Agencies
No referrals were required to external referral agencies.
5.2. Other Referrals
The application was forwarded to the following internal Council specialists:
Environment Officer - Ecology
Environment Officer – Water quality
Development Engineer
6. CONCLUSION & REASONS FOR DECISION
The application seeks a minor change to an existing Development Approval for a Material Change
of Use - Multiple Housing – Type 3 Retirement & Special Needs at 186 Cooroy-Noosa Road
Tewantin. The changes modify the built form by deleting villas which were to be constructed above
the car park to the front of the site, developing 2 storey buildings to the rear of the site and
amending the siting and form of the entry building. The development footprint maintains
compliance with the approval with regards to the Q100 flood level, habitat area for the swamp
crayfish and bushfire management. The proposed changes result in building heights which exceed
the Noosa Plan however these are supported as they will not result in a detrimental impact on
surrounding properties or the streetscape and are necessitated by the proposed use. A number of
changes to conditions are required as a consequence of the amended plans. It is recommended
that new conditions be required in response to the updated Integrated Stormwater Management
Plan and to protect the privacy of the adjoining residential properties.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws 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 AGENDA 9 JULY 2019
Attachment 1
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Page 49 of 128Section 50
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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Page 50 of 128Section 51
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Page 51 of 128
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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Page 51 of 128Section 52
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Page 52 of 128
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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Page 52 of 128Section 53
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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Page 54 of 128Section 55
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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Page 55 of 128Section 56
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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Page 56 of 128Section 57
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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‘Version: 1, Version Date: 17/04/2015
Page 57 of 128Section 58
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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Version: 1, Version Date: 17/04/2015
Page 58 of 128Section 59
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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Page 59 of 128Section 60
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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Page 60 of 128Section 61
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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Page 61 of 128Section 62
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
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Page 62 of 128Section 63
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
4 152006.1999.3 MINOR CHANGE TO DEVELOPMENT APPROVAL TO RECONFIGURE
A LOT (52 LOTS & PARK) AT 191 HOLLETT ROAD, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development
Index ECM Application/152006.1999.3
Attachments 1. Approved plan
2. Planning Regulation 2017 Part 16 Division 1
APPLICATION DETAILS
Application No. 152006.1999.3
Development Approval Development Approval to reconfigure a lot (52 lots & park)
Applicant Kathleen Mary Hofmann and John Stuart Hofmann
Request Received On 15 May 2019
PROPERTY DETAILS
Property Address 191 Hollett Road, Noosaville
RP Description Lot 53 SP 163571
Land Area 77 hectares
Existing Use of Land Rural land containing one dwelling
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Locality Tewantin and Doonan
Zone Rural
Overlays Biodiversity Overlay: Riparian Buffer and Environment
Protection Area
Natural Hazard Overlay: Flood Hazard Overlay, Bushfire and
Acid Sulphate Soils
Assessment Type Minor Change to Development Approval
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 9 July 2019 regarding Application No. 152006.1999.3 to make a minor change to
an existing approval for Reconfiguring a Lot (Subdivision 1 Lot into 52 Lots plus Park) situated at
191 Hollett Rd Noosaville and:
A. Refuse the change for the following reasons:
1. The proposed development is inconsistent with the Noosa Plan 2006 in the following
respects:
I. It is inconsistent with the Strategic Framework of the scheme because:
a. The proposed development would result in the fragmentation of agricultural
land and would not conserve land for agricultural purposes
b. The proposed development would result in residential uses outside of the
urban growth boundary. The proposed development is inconsistent with the
character and amenity of the locality where conservation and agricultural
type land uses are expected
II. It is inconsistent with the Tewantin & Doonan Locality Code because:
a. The proposed development is not within the Urban Growth Boundary
b. The proposed development would not have a density consistent with the
environmental constraints of the area and would not offer high levels of
amenity or moderate levels of convenience, accessibility and servicing
c. The proposed development would not provide a tranquil, bushland setting
d. The proposed development would not allow rural land to be protected and
managed such that the scenic and environmental values and rural amenity
of the locality are preserved
e. The proposed development would not retain tall trees and native
vegetation. Existing character trees would not be maintained by the
proposed development.
f. The proposed development would have an adverse effect on biodiversity,
native vegetation, habitat and landscape quality
g. The proposed development would not protect the land from adverse
impacts on environmental values
III. It fails to meet the Overall and Specific Outcomes of the Biodiversity Code in the
following respects:
a. The proposed development would not conserve the natural resources of
Noosa Shire including native and remnant vegetation
b. The proposed development would not conserve, manage, enhance and
rehabilitate ecologically important areas to ensure long term ecological
viability, integrity and sustainability of native flora and fauna species
c. The proposed development would not avoid, minimise or mitigate impacts
on the Shire’s biodiversity values and natural resources
d. The proposed development would cause the clearing of protected
vegetation. That clearing is not reasonably necessary and would not occur
in an environmentally sensitive manner
e. The proposed development would not retain necessary vegetation, would
cause unacceptable fragmentation and edge effects, would not maximise
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
the retention of existing vegetation and results in unacceptable clearing of
vegetation
f. The proposed development would not avoid new development being
located in a riparian buffer area
g. The proposed development has not been designed to avoid adverse
impacts on koalas and koala habitat
h. The proposed development would not protect appropriate habitat trees
i. The proposed development would not provide for ecologically important
areas to be restored and enhanced
j. The proposed development has not adopted appropriate fire management
measures which are based on ecological principles
k. The proposed development would result in the clearing of protected
vegetation in ecologically important areas and where that vegetation
contributes to scenic amenity and landscape values
l. The proposed development would result in the clearing of protected
vegetation where that clearing would increase the likelihood of adverse
impacts on scenic amenity and environmental values
IV. It fails to meet the Overall and Specific Outcomes of the Natural Hazards Overlay
Code in the following respects:
a. The proposed development would place people and property at a risk of
bushfire
b. The proposed development would not implement appropriate bushfire risk
mitigation treatments
c. The proposed development would compromise the safety of people and
property from bushfire
d. The proposed development would not be sited and designed to minimise
the risk to people and property from bushfire and would not maximise the
protection of people and property during the passage of a fire front
e. The proposed development would not maintain the safety of people and
property as the proposal has inappropriate house site areas and does not
employ appropriate fire mitigation methods. The proposal does not have
adequate firebreaks and emergency access.
f. The proposed development would not have appropriate lot design and
building siting to minimise bushfire hazard to people and property
V. It fails to meet the Overall and Specific Outcomes of the Natural Resources
Overlay Code in the following respects:
a. The proposed development would not protect agricultural land in the rural
zone from fragmentation and alienation
b. The proposed development would result in the fragmentation of agricultural
lands
c. The proposed development would permanently alienate agricultural land
from production
VI. It fails to meet the Overall and Specific Outcomes of the Reconfiguring a Lot
Code in the following respects:
a. The proposed development would result in lot sizes and dimensions
inappropriate for their intended use, lots that are unacceptable given their
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
impacts on environmentally sensitive areas, lots that fail to avoid significant
adverse effects on a natural environment and landscape and lots that do
not minimise the risk of hazards for people and property. Further, the
proposed development is a rural residential development that does not
have good levels of convenience and accessibility to towns and villages
b. The proposed development includes lots that are not of an appropriate area
or dimension
c. The proposed development would not provide for a neighbourhood with a
strong and positive identity
d. The proposed development would not retain, protect, maintain or
supplement native vegetation and individual mature trees
e. The proposed development would have a significant adverse impact on the
visual amenity of surrounding areas.
2. The proposed development is inconsistent with the South East Queensland Regional
Plan as it is located in the Regional Landscape and Rural Production Area, i.e. outside
the Urban Footprint and is therefore unacceptable.
3. The proposed development is inconsistent with the South East Queensland Koala
Conservation State Planning Regulatory Provisions because it is located in a koala
assessable area and would result in the removal of koala habitat.
4. The proposed development is inconsistent with reasonable community expectations
given the conflict that the proposed development is in with the Noosa Plan 2006 and
the lack of community awareness of the proposal.
5. A significant period of time has passed since the development application was lodged
and considered by the Council. As such, there is little if any informed and therefore
relevant community awareness of the proposed development.
6. The proposed development is inconsistent with the planned character for the land and
its surrounds.
7. The ecological assessment reports originally undertaken when the proposed
development was approved are over a decade old; have not been updated for the
purposes of this matter and are therefore unreliable.
8. There is no need for the proposed development.
9. The applicable planning instruments have changed since the development approval
was originally granted. The changes to the planning instruments:
a. are unfavourable to the proposed development; and therefore
b. mean that it would be appropriate for the proposal to be assessed against
contemporary planning standards and policies.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks a minor change to the existing development approval by amending the sunset
clause outlined within Condition 5, which specifies 6 years for the completion of the development
i.e. by 5 July 2019. The condition currently reads as follows:
5. The uncompleted aspects of this development approval lapses if the subdivision plan
for the last stage of the development has not been registered by the relevant titles
authority within 6 years of the date this approval takes effect.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
The applicant advises:
The development approval is currently subject to a number of appeals in the Planning and
Environment Court including appeals against Council’s refusal to extend the approval’s currency
period.
To ensure that the approval does not lapse due to the operation of the sunset clause, particularly
in circumstances where the appeals are not yet resolved, we request that Condition 5 is amended
to extend the sunset clause date for an additional 3 year period until 5 July, 2022. It is expected
that the appeals will be resolved by that time and the matter otherwise progressed. It is requested
that Condition 5 is updated as follows (strikethrough of deleted original wording and changes in
bold):-
5. The uncompleted aspects of this development approval lapses on 5 July, 2022 if the
subdivision plan for the last stage of the development has not been registered by the relevant
titles authority. within 6 years of the date this approval takes effect.
Included in the applicant’s submission are the following grounds in support of the application:
the proposed change solely relates to a request to extend the time to complete the
development and does not result in any different development. The existing approval
includes comprehensive conditions which are generally consistent with current laws and
policies;
the applicants have expended considerable money over time in obtaining the development
approval and unfortunately Mr Hofmann’s poor health has delayed the applicants’ ability to
carry out the approved development;
the land was originally identified as generally suitable for the type of development proposed.
As part of that approval, it was required to provide a not insignificant contribution of public
benefit with respect to the road network, for which no compensation was payable. Properly
understood, the approved development (including conditions of approval) the subject of the
minor change application is generally consistent with earlier development proposals;
the land is currently designated in the Rural zone, but has no utility for sustainable rural uses;
the land immediately adjoins areas designated for Rural Residential and Detached
Dwellings, and is in close proximity to areas designated for Industry and Shire Business
Centre. The Planning Scheme designates other land outside the Urban Growth Boundary for
similar types of development, given that no areas of Rural Settlement are shown within the
Urban Growth Boundary mapping on ZM9;
the current development permit is still valid while it is the subject of the Planning and
Environment Appeals. This minor change application is necessary to ensure the validity of
the permit in respect to the sunset clause. This change application ought to be approved to
ensure that the approval does not lapse due to the operation of the sunset clause, particularly
in circumstances where the appeals to the Planning and Environment Court are not yet
resolved.
2. BACKGROUND
A rezoning application was approved over the site on 1 August 1997, approving a change of the
site’s zoning to Special Residential and permitting the development of a maximum of 80 rural
residential lots and 2 rural lots.
This rezoning was gazetted in 1 May 1998 and has an associated Plan of Development (PoD)
referred to in the superseded planning scheme maps. The PoD established the footprint for future
development and open space areas. It also established the development parameters for the site,
including lot density and lot size.
The rezoning and POD have now been superseded with the adoption of The Noosa Plan in 2006
and the rezoning approval is no longer current.
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Under the rezoning approval, the applicant was required to dedicate land for the Walter Hay Drive
road reserve. The POD required a further application to be made to Council for the subdivision of
the land.
An application for subdivision (reconfiguring a lot) was subsequently made on 12 September 2006
for 82 lots plus 1 park lot. The applicant at the time requested that the application be considered
under the superseded planning scheme as provided for under the Integrated Planning Act 1997.
At Council’s Ordinary Meeting on 19 October 2006, Council confirmed that the subsequent
development application for reconfiguration could be assessed against the Superseded Planning
Scheme. In arriving at this decision, Council considered that assessment of the application under
the new (2006 Noosa Plan) may have resulted in a compensation claim arising from the potential
loss of value in the land as a result of the change of zoning from Special Residential to Rural under
the 2006 Noosa Plan.
The application was refused as Council was instructed by the Department of Environment &
Resource Management (as Concurrence Agency) to refuse it. Accordingly, a Decision Notice of
Refusal was issued on 16 November 2009. The decision was appealed through the Planning and
Environment Court.
The proposed Rural Residential development was amended by the appellant during the appeal
process, with the number of residential lots reduced to 49 rural residential and 3 rural allotments.
The final approval granted by way of the Planning and Environment Court Order (Appeal No. 344
of 2009) dated 5 July, 2013 reduced the overall yield to 52 Lots and Park. This approval requires
dedication of 52.757 hectares of parkland. A copy of the approved plan is contained within
Attachment 1.
In 2012 the site was part of an application which also included land situated at 99 Hollett Road,
106 and 108-142 Tidswell Road, Weyba Downs.
The application sought preliminary approval under section 242 of the Sustainable Planning Act to
vary the effect of The Noosa Plan and Maroochy Plan 2000 Planning Schemes for a mixed-use
community title development. The development was to be known as Noosa on Weyba comprising
a mix of residential, retail, community and open space uses to be established under a multi-level
community title scheme structure.
The applicant proposed a Noosa on Weyba Locality Plan to generally override the local planning
schemes provisions for the development site. The Plan identified four primary urban precincts with
varying density and character. The precincts were further broken down into zones, being Detached
Housing, Attached Housing, Rural Settlement and Neighbourhood Centre zones. An Open Space
Conservation Zone surrounded the urban precincts.
Proposed uses within the precincts included detached houses, small lot houses, duplexes, multiple
dwellings (units, townhouses and attached dwellings), retirement dwellings and aged care facilities.
Minimum lot sizes ranged from 350m2 to 800m2 and minimum residential densities ranged between
15 – 32 dwellings per hectare. Proposed building heights were 2 to 3 storeys and the Noosa on
Weyba Locality Plan also proposed differing built form provisions (such as site cover and boundary
setbacks) to those sought in comparable urban areas under the Maroochy and Noosa planning
schemes.
The application was refused on 4 April 2014 to which an appeal was lodged on 7 May 2014, but
was subsequently withdrawn.
As part of the original approval for this site it was identified that a part of Hollett Road is not within
the road reserve but rather it is located on freehold land owned by Council. Accordingly, Council is
required pursuant to an Infrastructure Agreement entered into at the time of settlement of the
appeal to commence road closure and road opening applications. This process is now complete.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
On 28 April 2017 an application to extend the currency period of the original approval was received
under the Sustainable Planning Act 2009. This application was determined at Council’s Ordinary
Meeting on 20 July 2017 where it was determined to refuse the application.
On 29 June 2017 the applicant lodged survey plans for sealing for the first stage of the
development. An Operational Works application had not been made and accordingly no works
required for the plan sealing had been commenced. Council considered the application to have
lapsed as the applicant was unable to comply with an Action Notice which was issued requiring
works in accordance with the higher order approval be completed.
On 7 July 2017 an application to extend the currency period of the original approval was received
under the Planning Act 2016. This application was determined at Council’s Ordinary Meeting on
17 August 2017 where it was determined to refuse the application.
The applicant has appealed both refusals to extend the currency period and the Action Notice for
the Plan Sealing.
3. SITE DETAILS
3.1. Site Description
The subject site has an area of 110 hectares and is located south of the Noosa Shire Business
Centre. The site is bordered to the northeast by Eenie Creek, to the east by undeveloped land
fronting Lake Weyba, to the south by Hollett Road and the west by rural residential land. The north-
west corner of the site adjoins land developed for detached housing. The site is dissected by Walter
Hay Drive, but no access is permitted from this road, with the site having vehicular access via
Hollett Road. An Energex transmission line and an associated easement traverse the northern
portion of the site.
Topographically the site is largely flat with gently undulating slopes with a mosaic of soil types.
The site currently supports large areas of grasslands that have been actively used for cattle
grazing. The site also supports areas of paperbark forest and eucalypt woodlands and there are a
number of small dams scattered through the central portion of the site.
The site forms part of an area of land that provides a corridor for native wildlife to move between
areas of protected habitat in the locality, including Noosa National Park, Lake Weyba and Tewantin
State Forest. Notably the Regional Ecosystem Map for the site locality identifies the presence of
areas identified as being Essential Habitat for species listed as Endangered, Vulnerable or Rare
pursuant to the Nature Conservation Act. These are wetland habitats which are associated with
Eenie Creek and its tributaries for the Wallum froglet and Wallum rocketfrog. A number of other
significant fauna species also have a high probability of utilising the habitat within the site, including
koalas.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Figure 1: Locality Plan
3.2. Surrounding Land Uses
The land abuts a mix of residential, rural, open space conservation and community services land
uses. A number of parcels of Bushland Reserve associated with the Noosa Business Centre and
the residential estate accessed via Lake Entrance Boulevard are adjacent the northern boundary.
A number of detached housing lots along Lake Entrance Boulevard also abut the northern
boundaries of the site, though there is no direct road link from that estate to the subject site.
Directly to the west of the site are rural residential lots accessed via Hollett Road and the Noosa
Par 3 Golf Course. A large (321.9ha) Council-owned allotment sits to the south-east of the site.
The Noosa refuse station is located in its south-eastern corner but majority of the lot is undeveloped
and a portion is dedicated as nature refuge (known as Weyba Nature Refuge).
Densely vegetated rural zoned land holdings are located to the east of the site. Weyba Downs
residential estate is to the south-west of the site and comprises a mix rural-residential and rural
lots.
4. ASSESSMENT
4.1. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the
Planning Act 2016. An application for a minor change to a development approval can only be made
in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
the development would not result in substantially different development as the proposed
change does not materially alter the proposed layout or result in additional works not
considered to form part of the original application;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new matters prescribed by regulation;
where the original application was code assessable, the change would not cause the
application to become impact assessable.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Under the Planning Act 2016 the minor change application;
must be assessed against, all matters the responsible entity would or may assess against or
have regard to, if the change application were a development application; and
another matter that the responsible entity considers relevant; and
must be assessed against, or have regard to, the matters that applied when the development
application was made and;
may be assessed against, or have regard to, the matters that applied when the change
application was made.
As detailed above the Planning Act enables a broad ambit of material for Council to consider when
assessing the minor change. When assessing the extension to the currency period under both
the Sustainable Planning Act and the Planning Act the following matters we considered relevant
and remain relevant to the current minor change application:
South East Queensland Regional Plan
In accordance with the South East Queensland Regional Plan (SEQRP) the subject site is
identified as a Regional Landscape and Rural Production Area (RLRPA).
A strategic direction of the SEQRP is to protect the regional landscape recognising that South East
Queensland’s rural and natural landscape areas support environmental, rural production,
recreational, cultural and scenic functions. They underpin the region’s liveability and viability, and
will be protected from urban development and rural residential subdivision.
The SEQRP identifies the intent of the RLPRA to identify land with regional landscape, rural
production or other non-rural values. It seeks to protect this land from inappropriate development
particularly urban or rural residential development recognising that these areas of land include
significant biodiversity values, important regional ecosystems, good quality agricultural land,
cultural and landscape values and land that forms important inter urban breaks.
Regulatory provisions of the SEQRP apply to the RLPRA. The restrictions restrict:
further fragmentation of land holdings;
urban development, except within established villages;
the expansion of rural residential development outside areas already allocated in local
government planning schemes.
The Planning Regulation 2017 identifies that subdividing a lot completely or partly in the SEQ
regional landscape or rural production area is prohibited development (a copy of the relevant
provision is contained at Attachment 2). Prohibited development is development for which an
application may not be made.
Accordingly, it is considered that the proposed minor change request seeking an extension to the
sunset condition does not accord with the current policies and regulatory requirements of the
SEQRP. Notably the exemptions from the SEQRP that the current approval relied upon would not
apply today. The development would result in the creation of an urban settlement within an area
where the intent is to protect the landscape and capacity for rural production. The proposed urban
development is not located within an established village and would result in fragmentation of land
holdings outside of areas already allocated for such purpose by the Noosa Plan.
ShapingSEQ is the most recent regional plan for South East Queensland and was released by the
Queensland State Government in August 2017. Regional Plans have an outlook of 25 years from
when the draft is prepared and therefore ShapingSEQ is based on projections to 2041.
The plan continues with regulatory approaches towards prohibiting urban development outside the
Urban Footprint and restricting subdivision in the rural areas to a minimum lot size of 100 hectares.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Council made a submission to the State Government in response to the draft regional plan. As part
of this submission Council addressed the capacity of land within the Urban Footprint to
accommodate projected population growth. Noosa Council’s draft submission to ShapingSEQ
notes.
Council has concluded not to support any changes to the Urban Footprint under the new
ShapingSEQ for reason that there is no need demonstrated currently for additional urban land to
be allocated to Cooroy, or any other part of Noosa Shire. Council has previously outlined in this
submission that it considers sufficient capacity exists in the current Noosa Plan to accommodate
the projected demand for dwellings until 2041.
The Noosa Plan (8 June 2018)
Under the Noosa Plan the land is zoned Rural and a new application for lot reconfiguration would
be a code assessable application. A code assessable application would include assessment
against the Tewantin and Doonan Locality Code and the Reconfiguring a Lot Code.
The Noosa Plan envisages that Rural zoned land will be predominantly used for open space and
farming activities. The intent is for this land to be appropriately managed and protected such that
the scenic and environmental values, the distinct rural amenity and agricultural productivity are
preserved. Rural residential type lots are intended to only occur on land zoned for rural settlement.
Accordingly, it is considered that existing approval is inconsistent with the Noosa Plan (2018). The
inconsistency relates to the Desired Environmental Outcomes, the Tewantin and Doonan Locality
Code and the Reconfiguring a Lot Code.
Specifically, the proposal would be in conflict with the following Desired Environmental Outcomes:
a) AGRICULTURE USES
Agricultural industry is maintained by—
ii. conserving land for economically viable and environmentally sustainable agricultural
purposes;
iii. preventing the fragmentation of agricultural land;
The proposed development of 52 rural residential lots does not meet this Desired Environmental
Outcome as it will result in the fragmentation of agricultural land and does not conserve land for
agricultural purposes. It is noted that as part of the current appeals Council has engaged a
consultant agricultural scientist who has identified that the proposal occupies land that is likely to
be good quality agricultural land (GQAL) on a significant number of the proposed 52 lots.
The proposal would be in conflict with the following Overall Outcomes of the Tewantin and Doonan
Locality Code:
12.7.2
y) Rural settlement, at varying densities consistent with the environmental constraints of the
area, offer high levels of amenity and moderate to high levels of convenience, accessibility
and servicing;
uu) For the Rural Zone—rural land is protected and appropriately managed such that:-
i. the scenic and environmental values, the distinct rural amenity and agricultural
productivity of the locality are preserved and are not adversely impacted as a
consequence of development on or adjacent to that land; and
These Overall Outcomes are not satisfied as the proposed development will facilitate the
development of detached housing and will result in dwellings being the dominant building form in
the preferred rural setting. The residential development that would arise as a consequence of the
reconfiguration layout is expected to occur on land within the Rural Settlement zoned land and
land has already been allocated for this purpose. Furthermore, the approved lot densities are not
consistent with the environmental constraints of the site which contains juvenile koala habitat trees
and land identified as Riparian Buffer. Furthermore, the proposal does not protect the scenic and
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
environmental values, the rural amenity and the agricultural productivity of the land. The location
of the proposed development with respect to convenience, accessibility and servicing is consistent
with other rural residential subdivisions.
It is also considered that the proposal is not consistent with Specific Outcome 16 of the Tewantin
and Doonan Locality Code which requires that:
There are no significant adverse effects on biodiversity, native vegetation, native fauna habitat,
landscaped quality, water quality or cultural heritage values, including those related to—
a) changes to natural drainage;
…..
c) management of fire risk;
d) erosion and the transport of sediments off site;
e) unmanaged public access;
f) effluent disposal;
g) changes to fauna habitat and behaviour; and
h) disturbance of buildings and features, including natural features of cultural heritage
significance
The development, if approved in its current form, will give rise to clearing of protected vegetation
for development in a rural zone.
The originally approved development results in dedication of open space. However, protection of
the sites ecological values are not reliant on the approvals requirement to dedicate open space as
the Biodiversity Overlay (Riparian Buffer and Environmental Protection Area) now applies to the
site.
The Planning Act 2016 and the Planning Regulations 2017 have come in to effect since the original
approval. The site is identified as being in a koala assessable development area and containing
bushland habitat. Provisions at Schedule 11 of the Planning Regulations 2017 require that
premises outside of the Urban Footprint do not remove non-juvenile koala habitat trees in areas
defined as bushland habitat and not designated for urban purposes.
The approved layout requires the removal of non-juvenile koala habitat trees in bushland habitat
in an area outside the urban footprint (refer lots 6, 7, 8, 9, 10, 11 and 13). In order to comply with
this provision these lots would require amendment.
The Riparian Buffer is located within a section of the site and some of the proposed lots are located
in this area. The establishment of new lots within the Riparian Buffer is not supported by the Noosa
Plan.
A considerable time has lapsed since the date of the ecological assessment reports, some of which
are more than a decade old. Therefore, the currency of the data has expired and cannot be relied
upon.
Bushfire
The current State Planning Provisions came into effect after the original approval. The current
bushfire hazard mapping assesses bushfire hazard differently to the previous bushfire mapping
used in the original assessment. When assessing the original application, the hazard assessment
concluded that areas of the site had medium bushfire hazard rating. The current mapping system
identifies that the site contains significant areas which are mapped as having high potential bushfire
intensity. As a result of the changes, setback/buffer areas may require an amended subdivision
layout. An updated bushfire management plan has not been provided with this application.
Page 73 of 128
Section 74
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Stormwater and Acid Sulphate Soils
The original approval included conditions relating to Stormwater and Acid Sulphate Soils. The
conditions require an Integrated Stormwater Management Plan and an Acid Sulphate Soil and
Groundwater Investigation and Management Plan to be submitted with any application for
Operational Works. The conditions required that the reports be in accordance with the guidelines
that were relevant at the time the decision was made.
Currently officers require preliminary stormwater management plans be provided with the lot
reconfiguration application for assessment. This information is reviewed and considered prior to
an approval being issued to ensure that proposed lot layouts can accommodate the
recommendations and works required in accordance with these types of reports. In this instance
the guidelines referenced in the Acid Sulphate Soils condition requires updating and the
stormwater report may require the lot layout to be amended to accommodate the report
recommendations.
Reconfiguring a Lot Code
With regard to the Reconfiguring a Lot Code the proposal is not consistent with the following overall
outcomes and probable solution:
b) compatible relationships between land uses;
g) lots that avoid significant adverse effects on the natural environment and landscape and
minimise the risk of hazards for people and property;
l) residential development which is consistent with the developed character of its particular
neighbourhood;
m) rural residential development only where it has good levels of convenience and accessibility
to towns and villages;
16.4 For lots not within a sewerage service area—the lot has sufficient area and other attributes
to ensure sustainable on-site sewerage disposal
The use of the rural land for the purpose of a residential subdivision is not consistent with
surrounding rural land uses and the rural character of the area. The siting of the proposed
subdivision does not provide for reasonable connectivity with the Noosaville commercial precinct
as residents would be required to initially navigate away from the commercial area.
The planning scheme requires that new lot sizes have a minimum area of 100 hectares. The
approval permits lot sizes that are significantly less than the current planning scheme requirement.
The approved lot sizes are generally 4000m2 in area. The approval included some larger lots
however the maximum lot size is 16.87ha which is considerably smaller than the current 100
hectare requirement.
Council’s consultant Agricultural Scientist has also identified that some locations on the site
exhibited water tables within 0.7m of the surface and that during their site inspection observed
standing water in depressions and surface water expression in seepage zones within the
landscape. Such water tables are problematic for on-site disposal of effluent and special measures
are required to mitigate the likely groundwater contamination by the sewage effluent.
Infrastructure Charges
Adopted Infrastructure Charge Notices No’s 449, 150, 451, 452 were issued according to Stages
1 to 4 with the original approval.
An extension to the sunset clause would not trigger any additional Infrastructure Charge Notices
(ICN’s) as all the networks are already covered by the previously issued ICN’s which continue
automatically.
Timeframe since the original approval
It is important to note that considerable time has lapsed since the original re-zoning of the land in
1998, which has provided the property owner with substantial opportunity to act.
Page 74 of 128
Section 75
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
It is likely that many current members of the community would not be aware of the development
approval as the application to subdivide the site in 2006 was code assessable and did not require
public notification and the land is zoned as Rural. Considerable time has also elapsed since the
application was lodged in 2006 with a decision being determined by the Planning and Environment
Court in 2013.
Since the development approval was issued in 2013 the property owner could have undertaken a
range of activities to progress the development approval. These activities include:
Lodgement of an Operational works application for Operational Works for Subdivisional
Works;
Lodgement of amended plans with Council to satisfy the requirements of the Decision Notice;
Subdivisional works including road works;
Environmental works to the park, lots and parts of Hollett Rd; and
Submission of detailed management plans relating to stormwater and acid sulphate soils.
The property owner has not undertaken any of these steps to progress the development.
Current appeals
Previous applications were made to extend the currency period of the approval, the applications
were made under the Sustainable Planning Act and the Planning Act 2016. These applications
were refused by Council in July and August 2017 respectively. In this regard, the applicant advises:
…….the current development permit is still valid while it is the subject of the Planning and
Environment Appeals. This minor change application is necessary to ensure the validity of
the permit in respect to the sunset clause. This change application ought to be approved to
ensure that the approval does not lapse due to the operation of the sunset clause, particularly
in circumstances where the appeals to the Planning and Environment Court are not yet
resolved.
The applicant’s position that this current minor change application should be approved as the
Planning and Environment Court appeals have not yet been resolved is not supported. Should the
Court agree to extend the currency period of the approval it would be possible for the sunset clause
to also be amended at the same time. At this stage it is unjustified for Council to extend the sunset
clause for a development for which it has not agreed to extend the currency period.
5. DRAFT PLANNING SCHEME
Under the draft planning scheme the site is zoned Rural. The minimum lot size requirement for
each new lot under the draft planning scheme is the same as the existing planning scheme, being
100 hectares. The subject site is 77 hectares in area. The extent of land affected by the Biodiversity
Overlay is consistent with the existing planning scheme, similarly the extent of Bushfire Hazard
and Flood Hazard.
6. CONSULTATION
6.1. Referral Agencies
IDAS Referral Agencies
Initial application
Department of Natural Resources & Water (DNR&W)
The initial application was referred to the Department of Natural Resources & Water (DNR&W) as
a concurrence agency due to the site containing mapped vegetation and a wetland regional
ecosystem. DNR&W finalised their assessment on 27 June 2008 and directed Council to refuse
the application. The applicant subsequently suspended the decision period to make
representations to DNR&W and when this period expired requested that Council not decide the
application for an extended period.
Page 75 of 128
Section 76
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
DNR&W did not revise their decision and directed Council to refuse the application as:
The proposed lot boundaries are located in an area of remnant endangered regional
ecosystem and remnant of concern regional ecosystem and will result in fragmentation of
these areas;
Assessable vegetation to be cleared will reduce the water quality of the natural wetland as
there will be an increase in the amount of pollution and nutrients entering the wetland from
the effluent disposal systems and the runoff from buildings and roads that will be established
in the area mapped as a wetland regional ecosystem;
The area of aquatic and terrestrial habitat will be reduced on the site;
Clearing of assessable vegetation in proximity to a watercourse is likely to be undertaken to
define the boundary between lot 81 and park and will reduce the area of aquatic and
terrestrial habitat on the site;
Several of the large areas of remnant vegetation are fragmented by lot boundaries and
clearing for fences may fragment the connectivity of this vegetation and increase the area
subject to weed invasion;
The proposal does not maintain the current extent of endangered regional ecosystem and
remnant of concern regional ecosystem due to likely clearing for fencing of lot boundaries
and would change the structure of the ecosystem; and
An area of approximately 2 hectares identified as essential habitat is proposed to be cleared
for buildings and allotment boundaries. A large amount of fill will be required to raise the level
of this area so it no longer gets inundated.
During the appeal process the permit applicant amended the proposed layout which resulted in
reduction in lot yield from 81 lots to 52 lots and a park. DNR&W did not object to the new layout
and provided conditions. The conditions were to ensure that:
Assessable vegetation associated with natural wetlands and watercourses are protected to
maintain water quality and habitat.
The current extent of the regional ecosystems and endangered regional ecosystems are
maintained.
Areas of remnant vegetation are retained to maintain ecosystem functioning, remain in the
landscape despite threatening processes and maintain connectivity to adjacent properties.
The current extent of essential habitat is maintained.
Environmental Protection Agency (EPA).
The initial application was referred to the EPA as the site is situated partly within a Coastal
Management District. On 2 May 2008 the Agency provided conditions for approval.
The application was also referred to the Environmental Protection Agency as the site was identified
as being contaminated. On 2 April 2008 the Agency advised the site has been deleted from the
Environmental Management Register.
Advice
Department of Natural Resources & Water (DNR&W)
The initial application was referred to the Department of Natural Resources & Water as an advice
agency due to the potential for acid sulphate soils on the site. DNR&W provided their advice on
27 June 2008 recommending that an acid sulphate soils management plan be undertaken.
Page 76 of 128
Section 77
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Energex
The initial application was referred to Energex for Advice as an Energex transmission line traverses
the site. Energex responded on 6 June 2019 advising that it has no objection to the extension of
the sunset clause.
Current Application
Under the Planning Act 2016 this change application is not required to be referred to the referral
agencies for comment.
7. CONCLUSION & REASONS FOR DECISION
This minor change application for 152006.1999.03 relating to Development Permit for
Reconfiguring of a lot (52 lots & park) for 191 Hollett Road Noosaville seeks to extend the existing
sunset clause and is recommended for refusal. The development is not consistent with the South
East Queensland Regional Plan or the Noosa Plan (2018) and there is insufficient justification for
the proposed development. Council has identified that there is no need for additional subdivision
outside the Urban Footprint as Council is able to meet the projected population targets within the
Urban Footprint. Accordingly, the development is not in the community’s interest. Furthermore, it
is considered that the community have insufficient awareness of the proposal.
It is noted that previous applications to extend the currency period of the approval were refused
and are currently under appeal. Should the Court, when deciding these appeals, agree to extend
the currency period it would be possible for the sunset clause to also be amended at the same
time.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws 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 Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 77 of 128
Section 78
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Page 78 of 128
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Attachment 1
ATTACHMENT 1: APPROVED PLAN
Notes FY V7, hd PROPERTY DESCRIPTION
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Page 78 of 128Section 79
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Page 79 of 128
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Attachment 2
ATTACHMENT 2: PLANNING REGULATION 2017 PART 16 DIVISION 1:
PROHIBITED DEVELOPMENT
Part 16 SEQ regional landscape and
rural production area and SEQ
rural living area
Division 1 Reconfiguring a lot
23 Prohibited Cevelopeseny.recongue alotin SEQ
regional landscape and rural pi ction area
(1) Reconfiguring a lot is prohibited development to the extent
the lot is in the SEQ regional landscape and rural production
area, if the reconfiguration—
(a) isa subdivision; and
(b) is assessable development under section 21.
(2) However, subsection (1) does not apply if
(a) _ the reconfiguration is an exempt subdivision; or
(b) the lot is in an SEQ mural subdivision precinct and the
reconfiguration is consistent with the purpose statement,
Gumentasat! September2o17——~—~S~S~S~S~S*S*S*Sé ag
Authorised by the Parliamentary Counsel
ee
Planning Regulation 2017
Schedule 10
and minimum lot size, for the zone applying to the lot
under a local planning instrument; or
(c) each lot created by the reconfiguration is at least 100ha;
or
(d) the lot is in an area identified in a gazette notice by the
Minister as having a rural residential purpose and an
application for the reconfiguration was properly made
under the old Act or the repealed IPA on or before 6
December 2010.
(3) In this section
SEQ rural subdivision precinct means an area in the SEQ
region identified in a gazette notice by the Minister as a rural
subdivision precinct.
Document Set ID: 20389582
Version: 2, Version Date: 28/07/2017
Page 79 of 128Section 80
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
5 OPW19/0046 - PLANNING & ENVIRONMENT COURT APPEAL NO 1802 OF 2019 -
REFUSAL OF APPLICATION FOR OPERATIONAL WORKS FOR SIGNAGE AT 1/100
RENE ST, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Manager Development Assessment – Kerri Coyle
Environment & Sustainable Development
Index ECM/ Application/ OPW19/0046 / Case/ Reece
Attachments Nil
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 July 2019 regarding Planning & Environment Court
Appeal No. 1802 of 2019 and agree to defend the appeal.
REPORT
On 18 April 2019, Council at its Ordinary Meeting, resolved to refuse an application for an existing
Advertising Device in the form of a Wall Sign located on the side of an existing building located at
Noosa Metro Innovation Park, Rene Street Noosaville for the following reasons:
1. The application proposes an Advertising Device in the form of a Wall Sign in excess of 4m 2
signface area which is inconsistent with:
i. Overall Outcomes of The Noosa Plan’s Advertising Devices Code, being that:
a. The proposed advertising device does not complement and detracts from the
desirable characteristics of the natural and built environment in which the
advertising devices are exhibited;
b. The proposed advertising device is not designed and integrated into the built form
so as to minimise visual clutter;
c. The proposed Advertising Device exceeds the legitimate need to provide
directions and business identification in a manner that is consistent with
achieving the codes overall outcomes; and
d. Signs with a signface area exceeding 4m² are not located in Noosa Shire.
ii. Specific Outcomes of The Noosa Plan’s Advertising Devices Code, being that:
a. Signs with a signface area exceeding 4m² are inconsistent with the overall
outcomes sought by this Code and are not located in Noosa Shire;
b. The proposed sign is not compatible with the existing and future planned
character of the locality in which it is situated;
c. The proposed sign is not designed, sited and integrated to not contribute to the
proliferation of visual clutter and to not unduly dominate the visual landscape;
and
d. The proposed sign is not of a scale, proportion and form that is appropriate to the
streetscape in which it is located.
Page 80 of 128
Section 81
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
iii. Probable Solutions of The Noosa Plan’s Advertising Devices Code, being that:
a. Advertising devices do not include signs with a signface area exceeding the
Acceptable Solutions of this Code or 4m², whichever is the lessor; and
b. General design and amenity complies with the specific requirements for all types
of advertising devices, including a Wall Sign, do not exceed a maximum signface
area of 4m².
As a result of Council’s decision to refuse the application for the wall sign, the applicant has now
lodged an appeal to the Planning & Environment Court. The applicant seeks that the Court approve
the wall sign.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting Minutes, 18 April 2019, Item 2, Page 13
That Council note the report by the Contract Planner to the Planning & Environment Committee
Meeting dated 9 April 2019 regarding Application No. OPW19/0046 for a Development Permit for
Operational Works - Signage, situated at Noosa Metro Innovation Park, 1/100 Rene Street,
Noosaville and:
A. Refuse the application for the following reasons:
1. The application proposes an Advertising Device in the form of a Wall Sign in excess of
4m2 signface area which is inconsistent with:
i. Overall Outcomes of The Noosa Plan’s Advertising Devices Code, being that:
a. The proposed advertising device does not complement and detracts from
the desirable characteristics of the natural and built environment in which
the advertising devices are exhibited;
b. The proposed advertising device is not designed and integrated into the
built form so as to minimise visual clutter;
c. The proposed Advertising Device exceeds the legitimate need to provide
directions and business identification in a manner that is consistent with
achieving the codes overall outcomes; and
d. Signs with a signface area exceeding 4m² are not located in Noosa Shire.
iv. Specific Outcomes of The Noosa Plan’s Advertising Devices Code, being that:
a. Signs with a signface area exceeding 4m² are inconsistent with the overall
outcomes sought by this Code and are not located in Noosa Shire;
b. The proposed sign is not compatible with the existing and future planned
character of the locality in which it is situated;
c. The proposed sign is not designed, sited and integrated to not contribute
to the proliferation of visual clutter and to not unduly dominate the visual
landscape; and
d. The proposed sign is not of a scale, proportion and form that is appropriate
to the streetscape in which it is located.
v. Probable Solutions of The Noosa Plan’s Advertising Devices Code, being that:
a. Advertising devices do not include signs with a signface area exceeding
the Acceptable Solutions of this Code or 4m², whichever is the lessor; and
b. General design and amenity complies with the specific requirements for all
types of advertising devices, including a Wall Sign, do not exceed a
maximum signface area of 4m².
Page 81 of 128
Section 82
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
B. With regard to the other existing Window Sign advise the applicant to:
1. Make the Window Sign compliant with the Advertising Devices Code’s Acceptable
Solutions; or
2. Remove the Window Sign; or
3. Lodge a development application seeking approval for the Window Sign.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
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.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes - Solicitor
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 82 of 128
Section 83
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
6 PLANNING & ENVIRONMENT COURT APPEAL NO 1781 OF 2019, ENFORCEMENT
NOTICE FOR VEGETATION CLEARING AT 105 ILLOURA PLACE, COOROIBAH
DOCUMENT INFORM AT ION
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development
Index ECM/ Case/ Serratore
Attachments Nil
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 July 2019 regarding Planning & Environment Court
Appeal No 1781 of 2019 and agree to continue enforcement against the owners of 105 Illoura
Place, Cooroibah to address the current breach of the Noosa Plan.
REPORT
In April 2019, officers became aware of significant clearing that had been undertaken at 105 Illoura
Place, Cooroibah after viewing aerial photography of the area and given previous discussions with
the owner about their interest in subdividing the property. At the time of the discussions, the owner
disputed the SEQ Regional Plan provisions, which prohibit subdivision of their property, and the
Noosa Plan’s Biodiversity Overlay, with the owner questioning the significance of the site’s
vegetation.
Figure 1 - 2018
Page 83 of 128
Section 84
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Figure 2 – Most recent Aerial Photo
Officers issued an Enforcement Notice to the owner given the extent of clearing shown in the aerial
photography and the nature of the previous discussions.
Under the Noosa Plan, this clearing constitutes assessable development and is unlawful unless a
Development Permit for Operational Works (clearing vegetation) has been obtained. The areas on
site which have been cleared of vegetation are identified by the Noosa Plan’s Biodiversity Overlay
as being a Riparian Buffer Area, Environmental Protection Area and/or Environmental
Enhancement Area. Clearing within these areas requires a Development Permit for Operational
Works.
Council records show that a Development Permit has not been obtained for clearing vegetation for
the site.
The Enforcement Notice sought that the owners:
1. Immediately cease clearing of vegetation on the property
2. Suitably stabilise the site to prevent movement of soils from the disturbed areas
3. Undertake rehabilitation of the area cleared of vegetation.
The owners have subsequently lodged an appeal against the Enforcement Notice as provided for
under the Planning Act 2016, submitting that the clearing is of a nature that does not require the
provision of a development approval under the Noosa Plan being exempt clearing. Exempt clearing
is defined by the Noosa Plan and includes matters such as property maintenance, clearing within
10m of building, establishing a necessary firebreak etc. The owners have not specified in the
appeal notice why they consider the clearing undertaken to be exempt but have previously
suggested to officers it was for farming and/or fire management purposes.
Page 84 of 128
Section 85
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
The owners in the appeal notice also submit that no action is required to stabilise the land to
prevent movement of soils and a development permit is not required to reinstate vegetation.
The matter has been referred to Council’s planning solicitor for review and therefore at this stage
it is recommended that Council resolve to continue enforcement action against the property
owners.
Previous Council Consideration
Nil
Finance & Risks
It is premature at this stage to provide advice on the likely prospects or costs of prosecuting the
matter and/or proceeding to the Planning & Environment Court however there will be costs in
proceeding with enforcement. This will require further discussion with Council’s solicitor for the
matter.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes Solicitors
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 85 of 128
Section 86
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
7 DEVELOPMENT ASSESSMENT FEES & CHARGES VARIATIONS FOR 1 APRIL 2018
TO 31 MARCH 2019
DOCUMENT INFORM AT ION
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development
Index ECM/ Subject / Fees & Charges
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 July 2019 regarding the waiver or partial waiver of
development application charges for 1 April 2018 to 31 March 2019 as detailed in the Report.
REPORT
As part of Council’s budget each year, Council adopts its Fees and Charges for the financial year,
including its regulatory and commercial charges for lodgement of development applications.
The fees and charges policy for development applications cover a number of policy provisions
including delegation to the Director, Environment & Sustainable Development to “partially or wholly
waive a development fee where strict application of the scheduled fee is obviously unreasonable
for the type of application being received.”
This report identifies proposed applications where a fee variation has been granted for the last 12
months. Between 1 April 2018 and 31 March 2019 there were 10 proposed applications where a
partial waiver or full waiver of the development application fees was granted, with 5 requests for a
fee variation refused. One fee for a flood search was also waived during this time in respect to a
proposed secondary dwelling. The tables below set out a summary of each application and the
reason for the fee waiver.
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
OPW18/0124 123-183 Dr Operational Works – $1891 $1001
Pages Rd Earthworks for
Cootharaba Construction of Dam
This proposal seeks to expand an existing dam. The expansion intrudes slightly into the setback area.
The assessment of the works will be limited as it is a minor expansion of an existing dam, has minimal
impacts and a letter of support for the dam has been provided from the most affected neighbour. The
applicant believes the prescribed assessment fee of $1891 is too onerous given the extent of works. It
is suggested that the base application fee be the minimum charge.
Page 86 of 128
Section 87
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
RAP17/0512.01 7 Allambi Rise Change to RAP for a $1001 $0
Noosa Heads Detached House
Council issued a Concurrence Agency Approval for a Detached Dwelling. A condition of approval
included requiring the applicant to submit an Operational Works application for landscaping prior to the
issue of a Development Permit for Building Works.
Under the Planning Scheme, landscaping for detached dwellings is not assessable development and
therefore the condition is not lawful.
The applicant has requested a change to the approval to have the condition deleted but have also
indicated that they would accept an alternative condition requiring the site to be landscaped with some
mature planting. Given the condition is not lawful, it is agreed to waive the full application fee.
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
MCU15/0086.02 2 Bottlebrush Change to MCU for $1968 $1968
Avenue Noosa Entertainment & Dining
Heads Business Type 1 - Food
& Beverages
Council issued a Development Approval for a restaurant on 18 August 2016. This request is to remove
2 conditions – one relating to hours of operation and another relating to a sunset clause. The application
raised a number of public submissions at the time of assessment, which will need to be considered as
part of the change application. The proposed changes will also require discussions with Liquor
Licensing and a report to Council.
The applicant has requested a reduced fee for the change to the approval to $852, but due to the
amount of work required in the assessment, the requested fee variation is not supported.
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
Operational Works Marara Street Op Works – Sealing of $1035 OPW Base $0
– not yet lodged Cooroy Road fee
The applicant is seeking to seal the road from the cul-de-sac to the church carpark to ensure dust is not
an issue for the two residential properties at the end of the street.
The current development approval for the church does not require the road to be sealed and sealing of
the road will benefit the community particularly the neighbouring 2 residents. While an Operational
Works application is still required to ensure the works are appropriately constructed, the proposed fee
variation is agreed to given the benefits to neighbouring residents.
Page 87 of 128
Section 88
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
MCU18/0142 2 Lanyana Way MCU for Entertainment $3462 less 25% $2596.50
Noosa Heads & Dining Business Type
= $2596.50 (use
2 – Recreation,
of existing
Amusement & Fitness
building)
The applicant seeks a reduced application fee for a pilates studio proposed within an existing building
at 2 Lanyana Way, Noosa Heads. The applicant submits that the proposed pilates studio would have
no greater impact than Commercial Business, Retail Business & Entertainment & Dining Business Type
1, which are all accepted development for the site and require no development approval from Council.
The fees and charges currently provide for a 25% discount for uses proposed within existing buildings
in recognition of the reduced assessment requirements. It is not considered that a further reduction to
the fee is appropriate as the assessment will still need to consider any potential noise impacts and
whether sufficient on site car parking exists for the proposed pilates studio.
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
51993.671.02 7 Russell Street Change to Multiple $1968 $1035
Noosaville Dwelling
The applicant has requested a change to an existing development approval to permit 2 units to be
combined into one unit. The assessment required of the proposed change is limited and mostly
administrative and therefore the minimum application fee is appropriate.
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
MCU18/0154 64 Gateway MCU for Ancillary $2235 x 21 $46,935
Application did not Drive Noosaville Dwelling Units x 21
= $46,935
proceed
The applicant seeks a reduced application fee for 21 x ancillary dwelling units (caretakers residence)
within an approved industrial building. The building has not yet been constructed and is currently
subject to a change application.
The applicant proposes Council apply the Multiple Housing Type 4 Conventional fee, which would
equate to $21,919 based on the sliding scale for multiple housing units, although the applicant has
calculated this as being $16,702.
It is not considered that a reduction of fees is appropriate in this instance as significant consideration
will be required with the assessment given the number of caretakers units proposed is not considered
consistent with the intent for the zone for industrial uses and the definition for caretakers residences.
Page 88 of 128
Section 89
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
MCU18/0158 34 Elm Street MCU for Retail Business Retail: $28,151
and Cooroy Type 2 Shop & Salon,
$10,077 x 3 =
Multiple Housing Type 4
RAL18/0017 $30,231
Conventional (2 units) &
Boundary Realignment (3 Units:
into 3)
$2714 x 2 =
$5428
Realign:
$2569
Total: $38,228
The applicant seeks a reduced application fee for 640m² of retail uses, 2 x Multiple Housing Units &
a 3 Lot Boundary Realignment. The site is zoned Attached Housing and in this zone the proposed
commercial uses are inconsistent, impact assessable, therefore attracting a 3 multiplier.
The applicant submits that the site has been identified with the recent Planning Scheme Policy for
contributions in lieu of on-site car parking to be considered like a “Business Centre Zone”. The pre-
lodgement meeting also indicated there were some grounds for commercial use of the site. For these
reasons the applicant requests that the inconsistent multiplier not be applied and the impact fee of
$10,077 be charged for the retail component.
It is considered that a fee multiplier of 2 be applied instead of 3 being more appropriate in this instance
as the assessment will require a report to Council for consideration, significant assessment due to
the site’s residential zoning and current access arrangements. Council will also need to engage a
traffic engineer to assist with the assessment. The proposal plans have also not satisfactorily
resolved the design issues identified in the pre-lodgement meeting.
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
OPW18/0304 95 Hollett Road Operational Works – $1955 $977.50
Noosaville Earthworks.
This operational works application requires minor assessment and supervision and the proposed
50% reduced fee is considered reasonable.
The proposed earthworks will be confined to the property and associated with the building application
for a house.
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
CER18/3634 38 Boronia Road Flood Search $255 $0
Cootharaba
Flood search fee waivered by Director of Environment & Sustainable Development due to an application
for a relocatable secondary dwelling lodged which did not address the risk of the site’s flood hazard.
Page 89 of 128
Section 90
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
MCU19/0001 6-10 Diamond MCU for Commercial Office: $25,529
Street Cooroy Business Type 1 Office
$8293 x 3 =
(x5), Retail Business
Type 2 Shop & Salon & $24,879
Multiple Housing Type 4
Conventional - 4 units
Retail:
$7997 x 3 =
$23,991
Units:
$9239 x 3 =
$27,717
Total: $76,587
The applicant seeks a reduced application fee for 380m² of retail uses, 4 x Multiple Housing Units &
317 m² of office space. The site is zoned Community Services and in this zone the proposed uses are
inconsistent, impact assessable, therefore attracting a 3 multiplier.
It is considered that the fee multiplier not be applied in this instance as the site was zoned Community
Services and not Business Centre at the request of Energex to reflect their existing depot. However,
the site has since sold and is located in a strip of land along Diamond Street which is otherwise zoned
Business Centre.
For these reasons it is proposed that the inconsistent multiplier not be applied and the base impact fee
of $25,529 be charged.
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
OPW18/0249.01 9 Mermaid Quay Change to an Op Works $1969.00 $560.00
Noosaville for a Jetty
The applicant seeks a reduced application fee for a change to an approved jetty at 9 Mermaid Quay
Noosaville associated with a house.
It is considered that the reduced fee be applied in this instance as very little assessment is required as
the proposed change to the approved jetty is to one setback.
Application No Applicant Application Details Fees & Charges Fee
Policy proposed
OPW19/0017 52-62 Operational Works – $7162 $5371.50
Goodchap St & Earthworks.
3-11 Val Cres
Noosaville
The applicant has requested a fee reduction of 50% from the scheduled fee, which would amount to
$3581. The applicant submits that the application is for bulk earthworks only and therefore the full
fee is not applicable due to the limited assessment costs are met, it is suggested that a 25% reduction
from the scheduled fee for compared to a full operational works application that includes all the
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