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2017-06-06 Planning & Environment Committee Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 6 June 2017
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell, Tony Wellington
“Noosa Shire – different by nature”
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Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 MCU16/0137 DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF
PREMISES ENTERTAINMENT & DINING BUSINESS TYPE 2 RECREATION,
AMUSEMENT & FITNESS (FITNESS CENTRE) AT NOOSA HOME 5/8 SELKIRK
DR NOOSAVILLE 3
2 MCU16/0081 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF
USE FOR MULTIPLE HOUSING TYPE 3 - RETIREMENT & SPECIAL NEEDS (90
BED AGED CARE FACILITY) AT 28 EENIE CREEK ROAD NOOSAVILLE 12
3 MCU16/0143 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF
USE FOR MULTIPLE HOUSING TYPE 4 CONVENTIONAL AT 12 AND 14
SERENITY CLOSE NOOSA HEADS 38
4 132007.1259.05 PLANNING &ENVIRONMENT COURT APPEAL 1360 & 1361 OF
2017 DEVELOPMENT APPLICATION TO CHANGE THE DEVELOPMENT
APPROVAL & EXTEND THE RELEVANT PERIOD FOR VISITOR
ACCOMMODATION, OFFICE, SHOPS & RESTAURANTS AT 215A DAVID LOW
WAY, PEREGIAN BEACH 59
5 DELEGATIONS FOR PLANNING ACT 2016 63
6 ALIGNMENT AMENDMENTS TO THE NOOSA PLAN 2006 - PLANNING ACT
2016 71
CLOSED SESSION -
Page 2 of 73
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU16/0137 DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF
PREMISES ENTERTAINMENT & DINING BUSINESS TYPE 2 RECREATION,
AMUSEMENT & FITNESS (FITNESS CENTRE) AT NOOSA HOME 5/8 SELKIRK DR
NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Lisa Pienaar
Planning & Infrastructure Department
Index ECM/Application/MCU16/0137
Attachments 1. Proposed Plans
APPLICATION DETAILS
Applicant Gelherult No 2 Pty Ltd
Proposal Development Permit for Material Change of Use of Premises -
Entertainment & Dining Business Type 2 - Recreation, Amusement &
Fitness (Fitness Centre)
Properly Made Date 7 November 2016
Information Request Date 19 December 2016
Information Response Date 2 March 2017
Decision Due Date 6 June 2017 (extended from 8 May 2017)
Number of Submissions 1
PROPERTY DETAILS
Property Address Noosa Home 5/8 Selkirk Dr NOOSAVILLE QLD 4566
RP Description Lot 5 SP 188669
Land Area 719 Square Metres
Existing Use of Land Vacant tenancy in a complex of 14 Industrial tenancies
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Industry
Overlays Natural Hazards Overlay – Potential Acid Sulfate Soils
Assessment Type Impact
Page 3 of 73
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 6 June 2017 regarding Application No. MCU16/0137 for a
Development Permit for Material Change of Use of Premises - Entertainment & Dining Business
Type 2 - Recreation, Amusement & Fitness (Fitness Centre) situated at Noosa Home 5/8 Selkirk
Drive Noosaville and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development authorised by this approval must be undertaken generally in
accordance with the Approved Plans listed within this Decision Notice.
Plan No. Rev. Plan Name Date
Job No. 2016/61 A Proposed Ground Floor Plan, drawn by 2 October 2016
Architectural Solutions – Building Design
Job No. 2016/61 A Proposed Mezzanine Floor Plan, drawn by 2 October 2016
Architectural Solutions – Building Design
Nature and Extent of Approved Use
3. Approval is for a Fitness Centre in tenancy No. 5 in the Noosa Home complex with a
total gross floor area of 719m2.
4. The Fitness Centre class size must not exceed a maximum of 20 persons at any one
time.
5. The Fitness Centre may operate 24 hours a day, Monday to Sunday.
6. The number of overlapping fitness classes between the hours of 8am and 4pm on
weekdays is limited to 2 and there must be no more than 3 overlapping classes
between 5.30pm and 6.30am on weekdays. Overlapping classes are classes that
either directly overlap in time, or where there is less than half an hour between the
conclusion of one class and the start of another.
Acoustics
7. The use must be in accordance with The ‘Desk Top Environmental Noise Impact
Assessment of Proposed Fitness Centre, 5/8 Selkirk Drive Noosaville’, Report No.
R17015, prepared by David Moore and Associates Pty Ltd dated 1 March 2017;
unless varied by the following:
a) Ensure all windows and doors facing Walter Hay Drive cannot be opened;
b) There is to be no amplified music or voices between the hours of 7pm and 7am.
Advertising Signage
8. Any advertising sign or device must comply with Council's policies on advertising.
B. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. Gyms (fitness centres) are generally floor area intensive and require tenancies within
industrial units that are most readily found in the Industrial Zone;
2. Some sport and recreational uses are accepted an Industry zone given the potential
impacts of sport and recreation uses; and
3. The fitness centre is of a similar size and scale to other approved Entertainment &
Dining Business’s Type 2 within the Noosaville Industrial area.
Page 4 of 73
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
REPORT
1. PROPOSAL
The application seeks approval for a Development Permit for a Material Change of Use for
Entertainment and Dining Business Type 2 (Fitness Centre). The application seeks approval for a
719m² Fitness Centre within an existing industrial building over 2 levels. No building work is
required to accommodate the use.
The applicant seeks approval for a Fitness Centre that operates 24 hours a day, Monday to
Sunday. Classes and staffed for classes Monday to Fridays and 4pm–7pm and Saturday 7am–
12pm. A crèche for members will be available for up to 12 children between 9am–12pm for 2
sessions, Monday to Friday. Classes are capped at 20 per class.
Up to 13 staff will be employed which includes 2 permanent staff, 2 sales staff, 2 creche
attendants and 5 group fitness instructors.
SITE DETAILS:
Background / Site History
The existing development was approved via Development Approval 132005.180 for a Material
Change of Use for Vehicle Sales Premises, Warehouse and Light Industry (being uses defined
under the now Superseded Planning Scheme for the Shire of Noosa).
This tenancy was previously occupied by an interior design company (Blink Living). A pre-
lodgement meeting was held regarding the proposed use in 2014 with regard to utilising this
tenancy for Type 1 Warehouse, Wellbeing – Type 2 Social and Type 1 office. The proposal did
not proceed.
Site Description
The site has a building housing 14 industrial tenancies, with 94 parking spaces. The tenancy has
frontage to Walter Hay Drive with access from Selkirk Drive. Refer to Figure 1 – frontage and
Figure 1a – No 5/8 Selkirk Drive. There are various tenancies within this complex (name being
Noosa Home) which include uses such as a pool shop, furniture and electrical warehouse,
printing and wedding planning company, auto parts and camp equipment warehouse. Refer to
Attachment 1 for the layout of the gym over the 2 levels.
Figure 1 – frontage
Page 5 of 73
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Figure 1a - No 5/8 Selkirk Drive.
Overlay Provisions
One planning scheme overlay is applicable to this application, being Natural Hazard Overlay –
Acid Sulfate Soils. The application is for a use within an existing building and therefore the
Overlay provisions are not triggered.
STATUTORY ASSESSMENT:
The application has been assessed against the following statutory instruments, including:
the South East Queensland Regional Plan;
any applicable state planning policies;
the state planning regulatory provisions.
The site is located within the Urban Footprint of the South East Queensland Regional Plan. The
proposal is for an urban activity within the Urban Footprint. The proposed development is
consistent with the regional land use intent, regional policies and desired regional outcomes for
the Urban Footprint.
Statutory Instruments – Planning Scheme
The applicable planning scheme for the application is The Noosa Plan (28 October 2016). The
following sections relate to the provisions of the Planning Scheme.
Local Area Provisions
The subject site is located in the Noosaville Locality and is zoned Industry. The proposed use is
Entertainment and Dining Business Type 2 – Recreation, Amusement. Fitness is an inconsistent
use in the zone and is required to follow an impact assessable application process.
The assessment is subject to a “whole-of-planning-scheme” assessment; with the following
codes identified as the most applicable;
Page 6 of 73
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Noosaville Locality Code;
Business Uses Code;
Driveways and Car parking Code.
The Overall Outcomes of the Industry Zone seek that land in this zone is protected for industrial
functions… to the exclusion of incompatible uses including Residential Uses, Community Uses,
Commercial business and most sport and recreation uses and Retail business uses.
Although the proposed use is an inconsistent use within the Industry Zone of the Noosaville
Locality, the Overall Outcomes identified for the Industry Zone acknowledge some sport and
recreational uses are accepted in the zone. It is also recognised that gyms are generally floor
area consumptive and difficult to locate in business centres, with industrial tenancies fulfilling
these requirements.
The proposed use will be wholly contained within the existing building/tenancy while retaining the
existing approved use rights of the warehouse and light industry for the remaining tenancies.
Given the nature of adjoining uses, the proposed entertainment and dining use is considered
complementary.
The proposed entertainment and dining use is considered compatible with the Industry Zone in
conjunction with the existing light and service industry uses. Based on the location of the site and
characteristics of the use, it is considered that the proposal be supported as it aligns with the
Overall Outcomes of the Noosaville Locality.
Business Use in an industry zone
The proposal seeks to occupy an industrial unit within an existing complex and therefore the
provisions of the code have been addressed.
In regard to the issue of noise, the proposed fitness centre is within an existing industrial unit in
an Industrial zoned area. Other industrial businesses which are self-assessable have higher
noise components to that proposed. The use of the site for a Fitness Centre is not expected to
generate noise above those levels associated with an industrial use.
An acoustic report was submitted in response to the information request: The Desk Top
Environmental Noise Impact Assessment of Proposed Fitness Centre, 5/8 Selkirk Drive
Noosaville’, Report No. R17015, prepared by David Moore and Associates Pty Ltd dated 1 March
2017. The report was assessed by the Environmental Health Branch and conditions
recommended. The report may be referenced by a condition and conditions will be placed on the
approval to ensure there is minimal noise impacts on nearby properties.
Carparking
In order to achieve compliance with the Driveways and Carparking Code, the development must
provide onsite carparking. A total of 94 spaces has been provided under the previous Town
Planning Consent for Vehicle Sales Premises, Warehouse and Light Industry. Car parking for the
Entertainment & Dining Use is required at a rate of 1 space per 20m 2 or 1 space per 3 persons
being entertained requiring a total of 34 carparking bays based on the floor area. Based on the
previous carparking rate the tenancy has generally 14.4 spaces available.
The applicant’s consultant (correspondence prepared by TTM Consulting and dated 14
September 2016 and 12 January 2017) determined parking demands at the site through a
parking demand survey on a peak day for gym operation, applying surveyed parking demands to
tenanted units to determine current parking rates and applying these rates to a full site
occupation (excluding Unit 5). Findings concluded that parking demand is currently quite low.
Council’s traffic consultant reviewed the applicant’s parking analysis and advises a rate of 1.5
persons per car space is considered appropriate and reflective of the likely parking demand for a
fitness centre. Council’s consultant further advise that based on ‘the 1.5 person per car scenario,
and the number of overlapping group fitness classes restricted during the busier existing parking
demand times for the existing development, there would still be spare parking capacity of 24 cars
Page 7 of 73
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
at the busiest time of day, which would allow headroom for a reasonable level of increase in the
level of parking activity associated with the existing site uses’.
Based on this, Council’s traffic engineer suggested that there would be sufficient car parking,
provided that:
Fitness classes are limited in size to no more than 20 persons;
The number of overlapping group fitness classes between the hours of 8am and 4pm on
weekday is limited to 2. Note: TTM suggested this and additionally that there be no more
than 3 overlapping classes between 5.30pm and 6.30am. Overlapping classes are classes
that either directly overlap in time, or where there is less than half an hour between the
conclusion of one class and the start of another.
Therefore, conditions are recommended to limit the class sizes to a maximum of 20 and prevent
classes overlapping so that there are sufficient spaces available at any one time. Typically, there
are a limited number of classes between 12pm and 5pm, with peak periods before 7am and from
5pm, when parking demands for parking for light industry uses are less.
On this basis the proposed fitness centre use in conjunction with the existing light industry uses
have sufficient carparking available on site to address likely parking demands.
CONSULTATION:
IDAS Referral Agencies
The application was not referred to any IDAS referral agencies.
Other Referrals
The application was forwarded to the following internal council specialists:
Development Engineer
Environment Officer
Traffic Engineering (Consultant)
Their assessment forms part of this report.
Public Notification
The application was publicly notified for 15 days in accordance with the requirements of the
Sustainable Planning Act 2009. One properly made submission was received. The public
notification ran from Friday 10 March to Friday 31st of March 2017.
The following table provides a summary and assessment of the issues raised by submitters.
Issues Comments
The submitter is concerned there may The retirement village is located opposite the
be noise levels that will impact on the proposed Fitness Centre on the opposite side of
retirement village located at 35 Walter Walter Hay Drive. The Fitness Centre will be air
Hay Drive Noosaville. conditioned, with no need to have open
windows/doors. The use will be conditioned to
ensure that windows/doors cannot be opened on
the Walter Hay Drive side and that there is no
amplified music/voices between 7pm and 7am.
Page 8 of 73
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
CONCLUSION:
Overall it is considered that:
Gyms (fitness centres) are generally floor area intensive and require tenancies within
industrial units that are most readily found in the Industrial Zone;
Some sport and recreational uses are accepted an Industry zone given the potential
impacts of sport and recreation uses; and
The fitness centre is of a similar size and scale to other approved Entertainment & Dining
Business’s Type 2 within the Noosaville Industrial area.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 9 of 73
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Page 10 of 73
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Page 10 of 73Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Page 11 of 73
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
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Page 11 of 73Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
2 MCU16/0081 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE
FOR MULTIPLE HOUSING TYPE 3 - RETIREMENT & SPECIAL NEEDS (90 BED AGED
CARE FACILITY) AT 28 EENIE CREEK ROAD NOOSAVILLE
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Planning & Infrastructure Department
Index ECM/Application/MCU16/0081
Attachments 1. Site Plan
2. Elevation Plans
3. Perspectives
APPLICATION DETAILS
Applicant J & G Knowles & Associates Pty Ltd
Proposal Development Permit for Material Change of Use for Multiple Housing
Type 3 - Retirement & Special Needs (Aged care facility)
Properly Made Date 26 July 2016
Information Request Date 5 September 2016
Information Response Date 22 November 2017
Decision Due Date 22 February 2017
Number of Submissions 21 and 1 Petition
PROPERTY DETAILS
Property Address 28 Eenie Creek Road Noosaville
RP Description Part of Lot 3 SP246584
Land Area 26,104 Square Metres
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Part Shire Business Centre
Part Open Space Conservation
Overlays Biodiversity Overlay (Environmental Enhancement Area, Koala Habitat
Area)
Natural Hazards Overlay: Bushfire and Acid Sulfate Soils (Potential Acid
Sulfate Soils, Bushfire Hazard Area)
Assessment Type Impact
Page 12 of 73
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 6 June 2017 regarding Application No. MCU16/0081 for a
Development Permit for a Material Change of Use for Multiple Housing Type 3 - Retirement &
Special Needs (90 bed aged care facility) situated at 28 Eenie Creek Rd Noosaville and Refuse
the application for the following reasons:
1. The proposed works are contrary to the Strategic Framework as the development will place
people and property at risk from bushfire and unduly burden disaster management
response and recovery capacity and capabilities.
2. The proposed works are contrary to the Noosaville Locality Code and the Natural Hazards
Overlay Code as the development is not compatible with the natural hazard and will place
people and property at risk.
3. The proposed works are contrary to the Natural Hazards Overlay Code as the development
will unduly burden disaster management response and recovery capacity and capabilities.
4. Vegetation removal required within Open Space Precincts 1 and 3 will adversely impact on
the intended vegetated entrance to Noosa.
REPORT
1. PROPOSAL
This application seeks a Development Permit for Material Change of Use to establish a 90 bed
Aged Care Facility on the site.
The use is defined as Multiple Housing Type 3 – Retirement and Special Needs under The
Noosa Plan.
The proposed development will comprise 90 bedrooms over two storeys.
The ground floor level comprises 41 bedrooms and includes a reception area, offices, meeting
rooms and ancillary café. Additional resident facilities include a hairdressing salon, theatre,
private dining, sitting, lounge and communal dining rooms. A commercial kitchen, laundry,
nurse’s station and staff facilities are also situated on this level.
The second level consists of similar layout as the ground floor, with a further 49 beds and
associated rooms. There is also training and physiotherapy treatment rooms, a staff room and
staff amenities.
The proposal maintains a maximum height of 8.171 metres above natural ground level.
Vehicles will enter and exit the proposed development from the Walter Hay Drive roundabout,
immediately to the south of the site. The location of the access passes through an electrical
easement.
A total of 65 car spaces, including 2 disabled spaces, plus 4 motorcycle parks and 16 bicycle
spaces are provided.
The proposed development requires the removal of vegetation within areas that are identified as
Open Space Conservation Zone and Open Space precincts 1 and 3 within the Shire Business
Centre.
Attachments 1, 2 and 3 detail the site plan, elevations and perspectives of the proposed
development.
The application material includes specialist reports and supporting documents comprising:
Town Planning Report prepared by Project Urban
Geotechnical Report prepared by Core Consultants
Page 13 of 73
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Stormwater Management Plan prepared by Empire Engineering
Traffic Impact Statement prepared by Empire Engineering
Bushfire Assessment Report prepared by Covey Associates Pty Ltd
Ecological Assessment prepared by Cardno consultants
Protected Plant Survey prepared by Core consultants
2. SITE DETAILS
2.1. Site Description
The site is situated along Walter Hay Drive. The site forms part of the larger Noosa Civic
landholding and is described as Part of Lot 3 on SP246584. The subject area is approximately
2.6 hectares and currently vacant. The site is presently vegetated.
1.5 hectares of the site is zoned Shire Business Centre (SBC) whilst the remaining 1.1 hectare is
zoned Open Space Conservation.
The site is identified as the Recreation/Mixed Use (REC/MU) & Open Space 1 and 3 (OS1 &
OS3) precincts on the SBC Map for the zone. The Open Space 1 precinct is external to the Shire
Business Centre zone and is encompassed within the Open Space Conservation Zone.
The Noosaville Locality Code acknowledges the precinct’s separation from the balance of the
Business Centre land and that development on the site need not be associated with the balance
of the Business Centre site.
Subject site
Noosa National Park
Figure 1: Subject site
Page 14 of 73
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Figure 2: Zoning Map
Page 15 of 73
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
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Figure 2: Zoning Map
Page 15 of 73Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
2.2. Background
The site represents a minor section of the Noosa Business Centre (NBC). No previous
development approvals have been sought for this section of the NBC.
The majority of the NBC is situated on the opposite side of Walter Hay Drive and has partly been
developed with the Noosa Civic established in October 2006 as Stage 1. Stage 1 involved the
establishment of a discount department store based shopping centre of approximately 23,900m 2
gross floor area, along with 7,200m2 gross floor of retail showrooms, a service station and
4,925m2 gross floor area of commercial office space. As part of the approval for Stage 1, Lot 3
SP182845 was dedicated as open space to the State.
A Stage 2 development was approved by Council in 2008 and comprised four office buildings
with a combined gross floor area of 7,701m2 but never proceeded and the approval has lapsed.
This area along the NBC’s western boundary was subsequently subdivided and is currently being
developed for a number of industrial uses.
There have been no previous development applications for the land subject to this application.
2.3. Surrounding Land Uses
To the north the site adjoins Noosa National Park and Eenie Creek Road. Further north is Noosa
Domain Village, a residential retirement village. To the east the site adjoins an easement
containing electricity infrastructure and further east is Noosa National Park.
To the south is Walter Hay Drive, which is the primary entry road to Noosa from the south.
Further south on the balance of the lot is Noosa Civic and the Shire Business Centre, the
principle activity centre for Noosa.
2.4. Pre-lodgement Discussions
A formal pre-lodgement meeting was held with the applicant’s key consultants and
representatives of the property owner and Arcare on 4 February 2016. The discussions focussed
on the primary planning issues to be assessed including need, grounds for support, access,
bushfire, vegetation retention and building design.
Bushfire was identified as a critical issue given the proximity to National Park areas, retained
vegetation and the aged care use proposed.
Advice was also provided that Council staff would likely support an amended building location
that moves the development east toward the HV Electricity easement. It was recognised that this
introduces additional conflicts with the eastern strip of Open Space Conservation zoned land but
may be demonstrated to provide a better outcome in relation to:
a. Retention of tracts of contiguous vegetation rather than the 13m wide strip of vegetation
(and showing no net loss of vegetation); and
b. Improved Bushfire protection outcomes.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Page 16 of 73
Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policies
The State Planning Policy April 2016 identifies issues of State significance that must be
considered in the assessment of new development. The proposal triggers assessment against
the Policy’s Interim Development Assessment Guidelines regarding biodiversity and natural
hazards risk. These issues are discussed further at section of this report
South East Queensland (SEQ) Regional Plan 2009 - 2031
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.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
SEQ Koala Conservation State Planning Regulatory Provisions
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the
SEQ Regional Plan Regulatory Provisions.
SEQ Koala Conservation State Planning Regulatory Provisions
The site is within a Koala Assessable Development Area mapped under the SEQ Koala
Conservation State Planning Regulatory Provision (SPRP) and is subject to the
assessment provisions of Table 7. An assessment against the SPRP Table 7 is provided
below.
Table 7, Column 2 - Assessment Criteria Assessment
1. To the extent the premises is outside the Not Applicable.
Urban Footprint and not in an urban area The development is inside the urban footprint and in
under a planning scheme, site design does an identified urban area under The Noosa Plan.
not result in the clearing of non-juvenile
koala habitat trees in areas of bushland
habitat.
2. To the extent the premises is inside the Can Comply.
Urban Footprint, site design must avoid The development will involve the clearing of
clearing non-juvenile koala habitat trees in approximately 1.01ha of mapped Koala Bushland
areas of bushland habitat, with any Habitat to facilitate the proposed footprint. The Noosa
unavoidable clearing minimised and offset in Civic Master Plan anticipates clearing within the
accordance with the Offsets for Net Gain of proposed development site. The development
Koala Habitat in South East Queensland proposes the clearing is offset in accordance with the
Policy at a ratio of five new koala habitat Koala SPRP.
trees for every one non-juvenile koala
habitat tree removed or an equivalent cash
contribution.
3. Site design must avoid clearing non-juvenile The SPRP mapping does not identify the site as
koala habitat trees in areas of high value containing high value rehabilitation habitat and
rehabilitation habitat, and medium value medium value rehabilitation habitat.
rehabilitation habitat, with any unavoidable
clearing minimised and offset in accordance
with the Offsets for Net Gain of Koala
Habitat in South East Queensland Policy at
a ratio of five new koala habitat trees for
every one non-juvenile koala habitat tree
removed or an equivalent cash contribution.
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Table 7, Column 2 - Assessment Criteria Assessment
4. Site design provides safe koala movement Generally complies.
opportunities as appropriate to the Koala movement opportunities are limited in the east-
development type and habitat connectivity west direction across the site due to the proposed
values of the site determined by reference to development. Vegetation retention aspects can be
the factors for consideration in Schedule 2. conditioned to comply.
5. During construction phases: Can be conditioned to comply
a. measures are taken in construction
practices to not increase the risk of death or
injury to koalas; and
b. native vegetation that is cleared and in an
area intended to be retained for safe koala
movement opportunities is progressively
restored and rehabilitated.
6. Native vegetation clearing is undertaken as Can be conditioned to comply
sequential clearing and under the guidance
of a koala spotter where the native
vegetation is a non-juvenile koala habitat
tree.
7. Landscaping activities provide food, shelter The requirement to provide landscaping in
and movement opportunities for koalas accordance with the Bushfire requirements effectively
consistent with the site design. limits the opportunity to provide food, shelter and
movement opportunities. However the retention of
some of the existing vegetation will provide limited
food, shelter and movement opportunities.
The development generally complies, or can be conditioned to comply, with the SEQ Koala
Conservation State Planning Regulatory Provisions, with the applicant indicating it intends to
offset clearing of non-juvenile koala habitat trees by a cash contribution. It is important to note
the applicant is able to choose the type of offset it undertakes and Council cannot direct it.
Further detail of the vegetation clearing assessment is included in Section 3.3.1 of this report.
3.3. Statutory Instruments – Planning Scheme
Locality Provisions
The subject site is located in the Noosaville Locality and is in the Shire Business Centre Zone.
The zone is further broken down into precincts, with the development proposed within Precincts
REC/MU OS1 and OS3, as shown in the Business Centre Map below.
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Figure 7: Noosa Business Centre Map
Locality Provisions
The development is located within Precinct REC/MU and extends into Precinct OS1 and OS3.
The Noosaville Locality Code identifies the following uses as consistent uses in Precinct
REC/MU – Recreation Mixed Use:
Education – Type 1 Childcare
Emergency Services – Type 1 Station
Open Space Type 1 – Sport and Recreation
Wellbeing Type 3 – Worship
Ancillary dwelling unit
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No uses are identified as being consistent uses in Precincts OS1 – Open Space (Environmental)
and OS3 – Preservation of Visual Amenity
The proposal is for an inconsistent use with the zone and is required to follow an impact
assessable application process.
Overall Outcomes
The Overall Outcomes of the Noosaville Locality Code state:
11.7.2 The overall outcomes sought for the Noosaville Locality are the following—
a) New uses and works are located, designed and managed to—
i be compatible with other uses and works;
ii maintain the safety of people and works;
iii avoid significant adverse impacts on the amenity enjoyed by users of other
premises, including acoustic and visual qualities; and
iv avoid significant adverse effects on the natural environment, including native
habitat removal, fragmentation and attrition;
l) Areas of native remnant or regrowth vegetation, including their biodiversity and habitat values
are protected and retained in their natural state;
z) For the Shire Business Centre Zone—the Shire Business Centre—
i. is a Major Activity Centre for the purposes of the SEQ Regional Plan, and the
principle business centre for Noosa, servicing Noosa-wide business and
employment needs by providing for a wide range of Business Uses as well as
administrative, community, and open space functions;
ii. is a multi-function employment node forming the major focus of employment
growth in the coastal area of Noosa;
iii. follows a logical sequencing of development consistent with the needs of the
community that is dependent on the—
A timing and construction of the external and internal road systems;
B dedication of a substantial area of open space; and
C development of a substantive amount of non-retailing development for
employment opportunities beyond Retail business;
iv. is developed at a low scale and density with distinctive and unique design
elements, determined by the setting and recognisable as a Noosa
development;
v. comprises buildings of low rise form separated by attractive and low key
informal spaces that are integrated with landscaping and open space areas;
vi. has an outdoor focus, particularly for Retail business uses, office uses and
Community Uses;
vii. provides for an inter-regional transit facility that functions as an integrated
public transport node, with pedestrian and bicycle paths and appropriate
external connections;
viii. provides visual and physical connectivity across and throughout the site;
ix. is designed to ensure that peak traffic flows and access to the Shire Business
Centre do not impact on the wider functions of Eenie Creek Road and Walter
Hay Drive;
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x. retains development capacity within the Shire Business Centre in the longer
term to take advantage of potential new employment opportunities;
xi. is developed into precincts, as depicted on Schedule 4 - Shire Business Centre
Map, which include a dynamic mix of development with an appropriate
integration of uses within each, including—
A Business Precincts (B1-B2), which provide for the highest order of retail
development in Noosa and comprises the retail core of the Shire
Business Centre site, with associated car parking generally located with
Precinct B2;
B Precinct B3, which provides for showroom and office development;
C Employment Precincts (E1-E7) for future employment growth, which
include 3 precincts (E1, E2, E3) with preferred themes to allow these
precincts to take advantage of new employment opportunities;
D a civic area located within Precinct E1, which provides for a range of civic
uses and functions;
E an inter-regional transit facility in Precinct E6;
F a Residential Precinct (RES), which provides residential support
accommodation to the other key precincts; and
G a Minor Recreation/Minor Mixed Use/Open Space Precinct (REC/MU),
developed for the purposes of a minor recreation use or minor mixed-use
development;
The proposed aged care facility aligns, or partially aligns, with some of the above Overall
Outcomes but raises conflicts with others, in particular:
11.7.2(a)ii – That the new use and works are not appropriately located, designed and managed
to maintain the safety of people and works.
11.7.2(a)iv – That new uses and works are not appropriately located, designed and managed to
avoid significant adverse effects on the natural environment, including native, habitat removal,
fragmentation and attrition.
11.7.2(l) – The requirement to provide bushfire protection requires the removal of areas of native,
regrowth vegetation, including their biodiversity and habitat values are protected and retained in
their natural state.
11.7.2(z)iv and v – The built form of the development is not low form and exceeds the height
limits specified for the Recreation/Mixed Use Zones. The effect of the building bulk is magnified
by the requirement to manage the Open Space buffer vegetation at the front of the site to accord
with bushfire management requirements.
11.7.2(z)xi(G) The proposed development does not provide for a minor recreation use or mixed-
use development in the REC/MU precinct.
These issues are discussed in more detail later in this report.
Built Form
The locality code includes built form requirements for new development and specific
requirements relating to the Recreation/Mixed Use precinct for Height and Plot Ratio.
The table below summarises the development’s level of compliance with the built form provisions
for the Recreation/Mixed Use Zone precinct and other built form aspects of the Noosaville
Locality Code.
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Criteria Planning Scheme Proposal Complies?
Site Area - 2.6ha N/A
Population density Nil Persons max. 51.92 per hectare N/A
Gross floor area N/A 6185m2 N/A
Site cover N/A 13% N/A
Plot ratio 0.1 0.24 X
Building height
storeys 1 storeys max 2 storeys X
metres 6 metres 8.3 metres X
Carparking 24 spaces min 65 motor vehicle
2 motorcycle
16 bicycle
The proposal seeks a variation to the requirements for Specific Outcomes O8 (max 1 storey),
O16 (plot ratio) O91 (use) and O169 (use).
Of particular note is the variation to the Plot Ratio requirement of 0.1. The planning scheme
seeks a development of substantially smaller scale on the site than what is proposed. A smaller
scale building would be less intrusive on the streetscape and result in less vegetation removal on
site including vegetation within the Open Space buffer.
It is noted that the development is consistent with the Specific Outcome for density in the
Community Services Zone where aged care services are typically located. The specific outcome
allows for 320 persons per hectare exclusively for the purposes of Residential Aged Care and
160 persons per hectare for any other form of Retirement & Special Needs Housing. No
requirement for plot ratio is specified.
The applicant contends that there are sufficient planning grounds to justify the proposal despite
this conflict in accordance with Statutory Guideline 05/09. The statutory guideline provides
guidance on matters that may be considered in determining if there are sufficient grounds to
justify a decision that conflicts with a relevant instrument under sections 326(1)(b) of the
Sustainable Planning Act 2009.
A summary of the Applicant’s grounds in support of the application form the conclusion of the
submitted planning report and state:
This report demonstrates the proposals compliance with the applicable state planning
provisions and general compliance with the Noosa Plan. Where conflicts exist with the
Noosa Plan sufficient planning grounds are demonstrated to justify the proposal despite
this conflict, in accordance with Statutory Guideline 05/09 the Sustainable Planning Act
2009.
Specifically a needs analysis confirms that there exists strong demand for further aged
care facilities in Noosa Shire, with Noosa aging at a faster rate than the rest of
Queensland. Projections estimate a shortfall of 251 beds by 2026. Further there is a lack
of suitable sites within Noosa to accommodate this need. The proposed 90 bed facility fits
well within this projected demand.
This need analysis demonstrates that an ‘urgent need’ for the proposed aged care facility
exits and also that the ‘relevant instrument is out of date’ both of which are matters under
Statutory Guideline 05/09 of public interest considered to provide sufficient grounds to
justify the proposal despite the conflict with the Noosa Plan.
Approval of the proposed Aged care facility is warranted.
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Land Use, Works and Overlay Code Provisions
The following further codes which regulate land use and design are most applicable to this
application:
Residential Uses Code
Landscaping Code
Biodiversity Overlay Code
Natural Hazards Overlay Code
Generally speaking, the development complies or can comply with most provisions of these
codes; however, some significant issues arise. The primary assessment issues for the
development are discussed below.
3.3.1. Primary Planning Scheme Assessment Issues
Need
Since the proposal raises fundamental conflicts with the planning intent for the site, need is
crucial to this assessment. Need may present community benefit grounds sufficient to support
the application. Need in the development sense is commonly recognised as relating to
community wellbeing. A development may be said to be needed if, on balance, it improves
community wellbeing - such as by access to new services or facilities, or a range of other ways.
The application included an extensive assessment of the level of need for aged care facilities.
This assessment involved an analysis of existing and projected demand, against existing and
projected facilities which was in part based on findings from Council initiated reviews by
Humphreys Reynolds Perkins in 2006 and more recently by Briggs & Mortar in 2015.
Both of these reports identify that there is a significant need for aged care facilities as the
population demographic within the Noosa Shire consists of a substantial ageing population.
> Noosa is aging at a faster rate than the rest of Queensland, with even the ‘youngest’
suburb having a median age of 42.3 years. This is significantly higher than the
Queensland average of 36.0 years, and the SEQ’s average of 38.1 years.
> The 65+years age group has grown from 16.5% in 1991 to 19.3% in 2011.
> By 2036 this is expected to grow to 30% with almost a third of the shire’s population to
fall into the 65yrs+ age group.
The applicant’s needs analysis concludes with the following summary:
> The above needs analysis confirms that there exists strong demand for further aged
care facilities in Noosa Shire, with Noosa aging at a faster rate than the rest of
Queensland. Projections estimate a shortfall of 251 beds by 2026. The proposed 90
bed facility fits well within this projected demand.
> The applicant has demonstrated at a Federal level that the facility will meet the needs
of the aged community, having achieved the necessary bed licence.
> This need analysis demonstrates that an ‘urgent need’ for the proposed aged care
facility exits and also that the ‘relevant instrument is out of date’ both of which are
matters under Statutory Guideline 05/09 of public interest considered to provide
sufficient grounds to justify the proposal despite the conflict with the Noosa Plan.
> As such there should be no reason to deny the community of Noosa such a valuable
facility.
It is agreed that there is 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.
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Bushfire
Assessment of the proposal’s ability to respond to and manage the threat from bushfire is crucial
to the assessment of this application.
There are a number of elements within the Noosa Plan which address the risk from a natural
hazard to a proposed use or development.
These elements are detailed below:
Strategic Framework:
1.7.12 Natural Environment Protection
a. Development in areas at risk from natural hazards is to be compatible with the nature
of the hazard so as not to place people, property, economic activity, social wellbeing
and the natural environment at risk.
b. Development is avoided in areas subject to natural hazards or where natural hazards
cannot be avoided, mitigation or adaptation measures are adopted taking into
account predicted frequency and severity of the natural hazard.
f. Development supports and does not unduly burden disaster management response
or recovery capacity and capabilities.
Overall Outcomes for the Noosaville Locality:
11.7.2 The overall outcomes sought for the Noosaville locality are the following –
a. New uses and works are located, designed and managed to—
ii. maintain the safety of people and works;
Natural Hazards Overlay Code:
13.30.2 The overall outcomes sought from the Natural Hazards Overlays Code are—
a. development in areas at risk from natural hazards is compatible with the nature of the
natural hazard so as not to place people, property, economic activity, social wellbeing
and the natural environment at risk;
b. development is resilient to natural hazard events by ensuring siting and design
accounts for and minimises potential risks of natural hazards to people and property;
c. development supports, and does not unduly burden disaster management response
or recovery capacity and capabilities;
h. for bushfire hazard areas—bushfire risk mitigation treatments are accommodated in a
manner that avoids or minimises impacts on the natural environment and ecological
processes
Specific Outcome 4 New Uses states:
The proposed use does not compromise the safety of people or property from bushfire.
There is a clear intent within the planning scheme that land use and development appropriately
manages the safety of occupiers/users of new development.
The proposal must ensure that persons accommodated within the facility, associated staff and
visitors are not subject to an unreasonable level of risk associated with a natural hazard.
The applicant has provided a Bushfire Assessment against the Noosa Plan’s Natural Hazards
Overlay Code provisions for bushfire, which concludes that the relevant requirements can be met
The applicant’s bushfire mitigation measures include:
i. All site vegetation is to be cleared on the site except for those areas deemed for
protection in buffer areas or conservation offset zones;
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xii. Fire breaks are to be provided around the proposed building as indicated on the
plans by Oksio and outlined in this report. Fire breaks are to be measured from the
exposed wall of the facility toward the hazardous vegetation and include (minimum):
24m to the north
20m to the east
20m to the south
20m to the west
xiii. Future buildings are constructed to AS3959:2009 BAL19 or as determined by
subsequent specific site design and assessment by private certifiers at Building
Application Stage;
xiv. A perimeter road able to accommodate 2wd urban fire appliances is constructed as
indicated on the design plan by Oksio Designs;
xv. A copy of the QFES Prepare Act Survive brochure (or latest equivalent) be provided
to future management of the facility from the developer);
xvi. Vegetation within the buffer areas to the south and east that is to be retained is to be
thinned and replaced with non-flammable species.
xvii. A fire hydrant system should be designed, provided and maintained to the minimum
required performance standard as per AS2419.1 2005. Hydrants are to be provided
to all sides of the building;
xviii. The Energex Electrical Easement to the east of the site is to be regularly slashed or
mown to reduce the fuel load in this area which contains numerous shrubs and
grasses. A properly prepared fuel management plan signed with Energex would be
the basis of this obligation. This should include management of the grass / fuels
within the easement to the north east of the site to reduce the risk of a fire front
moving from the east into the bushland to the north of the site. This would ideally
include management of the fuels to a grass sward and at a minimum slashed 4-5
times a year and prior to the start of the bushfire season;
xix. Landscaping within the proposed bio-retention basin avoids the predominant use of
flammable species;
xx. Landscaping within the internal courtyards and the landscape area to the south of the
building is to be carefully landscaped to not exacerbate fire risk.
xxi. All firebreaks, buildings and mitigation measures are to be maintained to achieve
optimum mitigation performance;
xxii. Gas supply is to comply with Australian Standards;
xxiii. A bushfire evacuation plan is to be developed for the facility to evacuate residents
and staff in the face of an imminent bushfire threat. The emergency / evacuation plan
is be prepared consistent with the NSW RFS guidelines for the Preparation of
Emergency / Evacuation Plan
It is the applicant’s position that the facility can operate as a standalone facility as:
a. The development can withstand any bushfire event without external intervention and
evacuation.
b. There will be no increase in demand on resources for the management of the
adjacent NP as a result of the establishment and use of the development.
c. There will be no decrease in the ecological values of the adjacent NP as a result of
the establishment and use of the development.
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Council engaged bushfire consultants, Rob Friend & Associates, to assess the proposal. Whilst
acknowledging that the building has the capacity to withstand fire, the consultant has raised
significant concerns with the proposal.
The primary concern relates to the placement of vulnerable persons in a location where there is a
high risk from the threat of bushfire and smoke. The site is identified as located in a buffer to a
Very High Potential Bushfire Intensity area.
Whilst the applicant has provided a Bushfire Management Plan (BMP) it is Council’s consultant’s
opinion that it is not sufficient to effectively respond to the bushfire hazards and threats within
and around the proposed facility. The applicant has also submitted an Evacuation Management
Plan (EMP) however this has also been considered unsuitable.
It is Mr Friend’s opinion that neither the BMP nor the EMP provides suitable evidence that the
facility can operate as a standalone facility. In the event of a bushfire, it is Mr Friend’s opinion
that the facility will require evacuation and that assistance from Queensland Fire and Emergency
Services (QFES) will be required. Mr Friend also anticipates that Queensland Parks and Wildlife
Service (QPWS) will have an on-going duty of care to manage fuel reduction efforts within the
adjoining National Park as an on-going consequence of the development.
Mr Friend has also raised concerns with the single road access to the site as the access could be
cut off, which is likely to have a negative effect on the ability to facilitate an evacuation.
Based on the advice of Mr Friend, it is considered that the proposal does not accord with
numerous provisions within the Noosa Plan as the proposal does not adequately address the risk
attributed to bushfire, particularly with regard to enabling safe evacuation of the vulnerable
residents from the premises.
QPWS made a submission raising concerns with the siting of an aged care facility adjacent to the
national park. In the submission QPWS
…confirms its position that the proposed development for an aged care facility at the
location adjacent to the Weyba Creek Section of the Noosa National park is inappropriate
on the basis that it puts at risk a vulnerable community facility by locating them adjacent to
bushland that is conducive to wildfire.
…Further, there should be no reliance on QPWS for fire protection measures including the
establishment of buffer zones on protected area estate, fire hazard reduction or response
to wildfires. Whilst QPWS will make every effort to manage smoke during planned burn
programs, the issue of smoke management impacting on the facility should not be used as
an impediment for QPWs undertaking its responsibilities for fire management on the
adjoining protected area.
The application was referred to QFES seeking advice; the response from QFES was received on
16 May 2017 and includes the following:
Conducting an entire evacuation from a 90 bed aged care facility is not an easy task to
undertake. In aged care facilities it is common to find people who have mobility impairment.
Residents who can’t walk themselves to a waiting vehicle will have to wait until whatever
assistance needed, can be provided. The staff/evacuee ratio for residents with poor
mobility would be 1:1 as a minimum and will often be higher. Staffing levels at aged care
facilities will generally be adequate enough for day to day duties but the demands of a full
scale evacuation will require extra staff involvement.
Effective filtration can do a good job at excluding smoke particles but it should be noted
that P1 or P2 air masks will not provide adequate protection. While filtering smoke particles
can reduce the irritation caused by bushfire smoke, filtration does not remove carbon
monoxide that is always a by-product of burning vegetation.
QFES firefighters use P3 face masks to mitigate the irritating effects of smoke when
attending bushfire incidents. However, these masks do not provide any protection against
carbon monoxide (CO). CO is a poisonous gas and because of the risk posed, firefighters
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using P3 respirators at bushfires must also monitor their exposure to CO and withdraw
from danger if the exposure standard for CO (30 parts per million (ppm) is exceeded.
While it is unlikely that smoke would present a problem every year, it should be carefully
considered how much interruption bushfire smoke might cause and for how long that
interruption might persist.
The recent Coolum Fire (Jan-Feb 2017) occurred towards the end of an extended dry
period. The extended dryness had allowed low lying land that would normally be sodden, to
dry out, allowing fire to propagate through the sub-surface layers of duff, humus and peat.
This residual burning persisted for almost 4 weeks with QFES receiving multiple complaints
over that time about the ongoing irritation from the smoke produced. Unfortunately, the task
of extinguishing sub-surface burning is not an easy thing to achieve due to inadequate
access and the quantity of water needed. Usually these situations are monitored closely for
uncontained fire spread until enough rain falls to extinguish the smouldering combustion
and re-establish typical ground moisture levels.
I see the main issues with this development to be the difficultly that would arise should a
full building evacuation be needed due to a nearby vegetation fire. The follow-on issue
would then be how long the facility would need to remain evacuated if smoke persisted in
the area. Atmospheric smoke will also contain poisonous carbon monoxide gas and whilst
filtration will reduce exposure to particles it will not remove CO.
I don’t see the likelihood of a vegetation fire spreading to destroy any of the proposed
structures as a significant risk due to setback distances and the suggested building site
layout within the proposal.
There are consistent themes of concern that have been raised by Mr Friend and QPWS.
Of primary concern is the placement of a vulnerable community within an area of increased risk
from smoke inhalation and fire. It is important to note that even QPWS’ normal fuel reduction
operations present a risk to the proposed residents.
There is a distinct likelihood the development of an aged care facility in this location will
negatively impact on the ecological values adjacent to the National Park. The management of the
interface of the National Park will involve modification of the habitat to create reduced fuel loads
to reduce the risk of bushfire to the facility. The use of fire as an ecological management tool by
QPWS will be hindered due to the health needs of the facility’s residents.
Furthermore, there is an alignment of opinion that the facility will not be able to operate as a
standalone facility. Whilst the building is likely to be able to withstand damage from a bushfire a
fire event will most probably require evacuation of the residents.
Evacuation of the aged care residents raises concerns including:
Adequate staffing levels required to evacuate 90 persons;
Suitable locations for 90 residents to be accommodated when evacuated;
Evacuation resulting from the presence of smoke will require the extended relocation,
potentially weeks, of residents; and
Additional pressure placed on QFES to monitor the threat of fire on the facility and provide
advice to evacuate.
Biodiversity
The submitted ecological assessment report suitably analyses the quality of habitat for the
purposes of this assessment. The development requires the removal of vegetation within the
Open Space Conservation Zone, the Open Space Precincts 1 and 3 and the Recreation/Mixed
Use precinct for the purposes of bushfire hazard management.
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A total of 1.01 hectares of vegetation is expected to be cleared, including building envelopes, car
parks and landscaping. This is less than the 1.5 hectare area identified as Recreation/Mixed Use
which would reasonably be expected to be cleared of vegetation with any development of the
site. On balance, the scale and extent of clearing is consistent with the master planning for the
Noosa Business Centre.
It is noted though, that the proposed development will result in vegetation removal within the
Open Space Precincts 1 and 3. The removal of this vegetation degrades the Open Space buffers
and will result in the development being visually more prominent to the streetscape than intended
and create the potential for edge effect on the National Park to the rear of the site.
The vegetation in the development footprint is regrowth vegetation consisting predominantly of
Eucalypt, Melaleuca and Corymbia species, with a mixed age class of pioneer species. The
species assemblage is consistent throughout the development site.
In compensation for the removal of vegetation within the Open Space Conservation Zone
required for bushfire hazard management the applicant proposes:
…to dedicate an equivalent area of land, to the northwest of the development footprint,
currently included within the Business Centre Zone as Open Space Conservation Zone.
This will ensure that the development does not result in any net loss of Open Space
Conservation Zone area within the site. It is noted that the Ecological Assessment has
established that the ecological value of the site is consistent across the site and as such
this outcome will not diminish the ecological value of the Open Space Conservation Zoned
area.
The development requires the removal of 2,522 square metres of land within the Open Space
Conservation Zone and it is proposed to dedicate 2,529 square metres of land within the
Business Centre Zone.
It is not possible to re-zone the proposed dedicated land through a Development Approval.
Therefore, a covenant for the purpose of vegetation protection may be placed over the proposed
dedicated 2,529 square metres of land within the Business Centre Zone.
Whilst the site is vegetated and within close proximity of the Noosa National Park the vegetation
is not of the same quality as that located within the national park. A key finding of the submitted
ecological report was that no significant / protected plant species occur on site.
A review of the applicant’s ecological report by the Shire’s external consultant identifies that the
subject site does not contain remnant vegetation.
An analysis of aerial photography showed significant disturbance and vegetation clearing
occurred at the site between 1979 and 1993 followed by little to no vegetation clearing
since 2002 and potentially since 1993. The vegetation on site is therefore non-remnant and
regrowth is at least 14 years old.
The following images detail aerial photographs of the site which demonstrate that the site does
not contain remnant vegetation due to previous clearing.
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Figure 8: Aerial photograph of the subject site: 1979
Source: Qld Department of Natural Resources and Mines (contained within Ecological Report)
Figure 9: Aerial photograph of the subject site: 1993
Source: Qld Department of Natural Resources and Mines (contained within Ecological Report)
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
A 25 metre wide electrical easement exists within the eastern boundary of the site and the Noosa
National Park. This easement contains power lines and the vegetation situated within the
easement is managed to protect the asset and generally limited to grass.
The following image details the 25 metre wide easement to the east of the site.
25 metres wide
easement
Figure 10: Aerial photograph detailing 25 metre wide easement
The national park directly abuts the sites northern boundary along which a continuous strip of
existing vegetation will be retained, the width of this strip ranges from 5 metres to 21 metres.
The applicant has submitted a landscape concept plan which is designed to accord with the
requirements of the Bushfire Management Plan. The need to provide bushfire protection limits
the amount of re-planting that can be undertaken.
Koala Habitat and Offsets
The application involves the clearing of 1.01 hectares of vegetation which is mapped as Medium
Value Bushland Koala habitat according to SEQ Koala Conservation State Planning Regulatory
Provisions.
Survey work in 2014 failed to find koalas in the development footprint, with one koala located in
bushland south of the Noosa Civic development. A recent Council commissioned review of koala
records notes the intersection of Walter Hay and Eenie Creek roads as being a location for koala
movements. The vegetation contained within the proposed development footprint contains
regrowth vegetation used as a food source by koalas. No reliable estimates exist for the numbers
of koalas using the site and the surrounding resources.
The site is zoned for development as part of the Shire Business Centre and clearing is
anticipated to facilitate development. Clearing could be conditioned to comply with SEQ Koala
Conservation State Planning Regulatory Provisions. Any clearing of koala habitat is required to
be offset in accordance with Environmental Offsets Act 2014.
Page 30 of 73
Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Traffic
The submitted Traffic Impact Assessment prepared by Empire Engineering concludes:
The analysis completed as part of this Traffic Impact Statement has found that the
proposed aged care residential development located at Walter Hay Drive, Noosaville will
not have a tangible negative impact on the existing operational conditions of the
surrounding road network.
Furthermore, it is suggested that the proposed development is pursuant to the intended
function of the surrounding road network.
The sight distance investigation has also found that excellent sight distance is achievable
at the location of the proposed site access connection to the existing roundabout controlled
intersection of Walter Hay Drive and the access road to Noosa Civic Shopping Centre. The
layout of the car parks and driveway access was found to be compliable with the
requirements of AS2890 and a swept path plans showing unrestricted access are attached.
The traffic impact associated with the proposed development was reviewed internally by the
Shire’s development engineer. The internal review had no concerns with the proposed
development and supported the findings of the submitted traffic impact assessment.
Stormwater Quality & Quantity
The issue of Stormwater is divided into two parts, quality and quantity. The acceptable outcome
is a “non-worsening” in regard to the quality and quantity of stormwater released from the site
due to the development of the site. Council engaged hydrology consultants, O2 Environment and
Engineering, to undertake a peer review of the Empire Engineering Stormwater Management
Plan, including associated MUSIC and XPSTORM model files. In regard to stormwater quality
and treatment, O2 advised:
It is anticipated that sufficient modelling has been undertaken to meet the requirements of
Council’s guidelines, though some details are not entirely clear. If Council are agreeable
with this level of detail at this stage of the application process, then it is recommended that
the stormwater assessment can be approved.
The issues with the proposed methods could be addressed via the inclusion of reasonable
conditions and resolved by amended detailed designs submitted at Operational Works stage.
4. CONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Concurrence
SARA – Concurrence Agency
The Department of Infrastructure, Local Government and Planning is a concurrence agency as
the application is for a development impacting on State Transport Infrastructure.
The response was received on 13 September 2016 did not object to the proposal and provided
conditions.
Advice
Energex – Advice Agency
Energex is an advice agency as the premises is subject to an easement in favour of Energex for
high voltage overhead power lines.
The response was received on 2 November 2016 recommending approval subject to conditions.
Page 31 of 73
Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
4.1. Other Referrals
The application was forwarded to the following internal Council specialists:
Strategic Planning
Engineering
Strategic Planning Comments included:
The planning scheme does not envisage a residential use on this property. The overall outcomes
for Noosaville locality suggest the site will contain a minor recreation / minor mixed use with open
space on the site. Initial work on Master Plan 1 and Master Plan 2 suggested the site be
allocated to formal indoor and outdoor recreation use, although predominantly outdoor functions.
The planning scheme allows for a single storey building height of 6 metres. The intent for single
storey buildings dates back 10/15 years to the early master planning. Mature vegetation on site,
however includes tall species and should a vegetated buffer along the road frontage be retained
a 2 storey building could be relatively well screened.
There is an increasing demand for residential aged care (as distinct from independent living
retirement village) in Noosa and suitable sites are obviously limited.
Pedestrian connectivity to this site is poor, even with the existence of grade separated pathways.
Any development of the site should improve wayfinding and pathway approaches to the existing
network so that connection with the adjoining centre and transport is more logical.
4.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. The applicant provided a Notice of Compliance on 20 December 2016,
certifying the advertising was correctly undertaken. 25 submissions, comprising 23 properly
made submissions and 2 not properly made submissions, were received by Council. One
petition was received with 1381 signatures relating to the protection of koala habitat.
Submissions were received from a number of community groups and other bodies objecting to
the development, including Noosa Koala Sitings, Wildlife Queensland Preservation Society of
Sunshine Coast and Hinterland, Koala Rescue Inc, Friends of Lake Weyba, Noosa Biosphere
Association, Queensland Parks and Wildlife Service.
The following table provides a summary and assessment of the issues raised by submitters.
Issues Comments
Object
Natural Environment
The development footprint within the NBC site
Natural environment of Noosa has already been
has been committed for development, with areas
destroyed by developments.
of highest ecological importance previously
Developers should be looking at land areas that
dedicated for conservation. The development
have already been developed rather than seeking to
does not raise insurmountable environmental
take the least cost option of acquiring public land.
conflicts.
Koala habitat in Noosa Shire is already endangered
Koalas are known to occur in the area. The
and this development will face further pressure on
location of main roads, Walter Hay Drive and
koalas.
Eenie Creek Road, has resulted in koala car
Plenty of vacant areas that can be utilised without
strikes. The cleared powerline easement and
destroying Koala habitat.
existing road network presents a threat to
As land adjoins Noosa National Park to the east this
existing koala numbers. Additional clearing for
tract of land is a koala/wildlife corridor.
the development will result in the loss of koala
Offsets are not appropriate for current koala
habitat however will remove a food source from
population.
adjacent road network.
Proponent has not identified a physical area in the
The positioning of the development will likely
region appropriate to provide an offset and in
influence the management of the adjacent
contrast has offered a cash payment to Council as
National Park for bushfire, resulting in additional
an offset.
resources being dedicated to reduce the risk of
Koala Conservation Plan has been written to protect
bushfire. QPWS states the development will
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Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Issues Comments
open space conservation zoning. negatively impact on the natural values of the
Establishment of fire protection zones within national park due the requirement to reduce fuel
National Park would be required that would pose a loads and to manage the impacts of smoke on
threat to maintaining the present natural habitat. the residents.
Fauna within the National Park would forage from
within the subject site.
Site may contain or influence surrounding habitat of
other vulnerable and endanger species such as
wallum froglet, wallum sedgefrog, elf skink and the
locally significant Little Bentwing Bat
The use of non-native species for landscaping
creates a risk of spread into the National park.
Geographical location means that it will have an
impact on Lake Weyba and Eenie Creek and will
create storm water issues.
Special attention would need to be made to
drainage and waste overrun as the area is adjacent
to Eenie Creek and we need to protect out
waterways.
Flooding from Eenie Creek could be a problem for
the development.
Noosa is a special place with world wide recognition
by the granting of UNESCO Biosphere Listing.
Noosa’s community economy is sustained by an
ecologically (nature) based tourism industry and the
preservation of our remnant habitats and species is
vital to our future prosperity.
Stormwater runoff will effect National Park and
surrounding land
Need
Studies commissioned by Noosa Council
There already multiple aged care and retirement
confirm that there is a need for additional aged
facilities in Noosa and Sunshine Coast area.
care facilities.
Should be supporting business that attracts youths
and the younger generation to live and work here.
There is no overriding need for the development in
the public interest.
Land use
The proposed use is an inconsistent use within
Not consistent with Noosa’s Town Plan.
the Shire Business Centre Zone however it is
The area is not consistent with the plan for the Shire
acknowledged that there is a need for this type
Business Centre, which identifies the site for open
of development.
space recreation uses.
There have been no previous applications for an
A previous application for an aged care facility in
aged care facility at this location.
this location was not approved. There is no
The establishment of a vulnerable community in
significant change in circumstances to suggest that
a location at significant risk from bushfire is not
this decision should be reconsidered.
consistent with the Noosa Plan.
Conflict’s with the Noosa Plan’s 3.13 Desired
Environmental Outcomes
Traffic
It is acknowledged that the proposed
Will create further traffic pressures, resulting in the
development will result in increased traffic at this
need for infrastructure to cope with such a huge
location. However the supporting report
increase in use.
submitted with the application and assessment
The site fronts very busy sections of two heavily
of the impact of traffic by Councils development
used roads, with the entrance being off a
engineer
roundabout. There would be road works required to
access the site, and a continuous traffic flow to
contend with, traffic hold up in busy times.
Will be unsafe for vehicles to enter and exit site at
the roundabout.
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Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Issues Comments
No safe way for pedestrians to traverse Walter Hay
Drive to access shops and services, although vague
reference to pedestrian link in planning report
Non-compliance with Noosaville Locality Code
The built form of the development is not
Not compliant with Specific Outcomes:
considered to be unreasonable where the Open
O8 (max 1 storey),
Space buffer to the site’s front could be
O16 (plot ratio)
maintained. Bushfire measures however would
O89 (use)
impact on the ability to suitably screen the
O167(use)
proposed development.
Development is for double storey when zoning is for
single storey.
Will create a precedent for inappropriate
development
Bushfire Risk
Agreed
Not a suitable site for an aged care facility due to
the bushfire risk
Can residents quickly evacuate the premises
Fire management within the National Park would be
a risk to the intended aged care residents that may
suffer from the effects of bushfire smoke.
Evacuation procedures would need to be
implemented every time fire is detected within the
adjoining bushland.
Amenity
Council’s Strategic Unit has commented that
Development will create social isolation.
pedestrian connectivity to this site is poor.
No connectivity to public transport or areas for
Assisted recreation and staff movements would
recreation and medical care.
be impacted by the poor pedestrian connectivity.
Conditions to an approval could require
Environmental Sustainable Design
environmentally sustainable design elements.
No environmentally sustainable design elements
such as rainwater collection and solar panels.
5. CONCLUSION
The application for a Development Permit for Material Change of Use for Multiple Housing Type
3 - Retirement & Special Needs (Aged care facility) at 28 Eenie Creek Road Noosaville is
recommended for refusal. The proposed development is not in accordance with the Strategic
Framework and the Natural Hazards Overlay Code. The development will place people and
property at risk and unduly burden disaster management response capability. The removal of
vegetation in accordance with Bushfire requirements will result in the development having a
detrimental impact on the streetscape.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 34 of 73
Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
ATTACHMENT 1: SITE PLAN
Page 35 of 73
Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
ATTACHMENT 2: ELEVATION PLANS
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Section 37
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
ATTACHMENT 3: PERSPECTIVES
Page 37 of 73
Section 38
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
3 MCU16/0143 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE
FOR MULTIPLE HOUSING TYPE 4 CONVENTIONAL AT 12 AND 14 SERENITY CLOSE
NOOSA HEADS
DOCUMENT INFORM AT ION
Author Coordinator – Planning, Patrick Murphy
Planning & Infrastructure Department
Index ECM/Application/MCU16/0143
Attachments 1. Site and Elevation Plans
APPLICATION DETAILS
Applicant CBD Settlers Cove Pty Ltd
Proposal Development Permit for Material Change of Use of Premises - Multiple
housing Type 4 Conventional - 37 units
Properly Made Date 16 November 2016
Information Request Date 9 December 2016
Information Response Date 17 March 2017
Decision Due Date 16 June 2017
Number of Submissions No submissions
PROPERTY DETAILS
Property Address 12 Serenity Close Noosa Heads
14 Serenity Close Noosa Heads
RP Description Lot 7 SP 195871
Lot 8 SP 195871
Land Area 6873 Square Metres
6573 Square Metres
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosa Heads
Zone Attached Housing and Open Space Conservation Zone
Overlays Biodiversity Overlay - Riparian Buffer and Environmental Enhancement
Area
Natural Hazard Overlay – Slide Hazard, Bushfire and High Potential
Acid Sulphate Soils
Assessment Type Impact
Page 38 of 73
Section 39
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 6 June 2017 regarding Application No. MCU16/0143 for a
Development Permit for Material Change of Use of Premises - Multiple Housing Type 4
Conventional - 37 units situated at 12 and 14 Serenity Close Noosa Heads and approve the
application in accordance with the following conditions:
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
DA02 4 Site Plan Basement – Blackburne Jackson Design 28/02/2017
DA03 4 Site Plan Level 1 – Blackburne Jackson Design 28/02/2017
DA04 4 Site Plan Level 2 – Blackburne Jackson Design 28/02/2017
DA05 4 Site Plan Level 3 – Blackburne Jackson Design 28/02/2017
DA06 4 Site Plan Level 4 – Blackburne Jackson Design 28/02/2017
DA07 4 Site Plan Level 5 – Blackburne Jackson Design 28/02/2017
DA08 4 Stage 4a Basement Recreation Area – Blackburne Jackson 28/02/2017
Design
DA09 4 Stage 4a Basement Floor Plan – Blackburne Jackson Design 28/02/2017
DA10 4 Stage 4a Level 1 Entry – Blackburne Jackson Design 28/02/2017
DA11 4 Stage 4a Level 1 – Blackburne Jackson Design Floor Plan 28/02/2017
DA12 3 Stage 4a Level 2 Floor Plan – Blackburne Jackson Design 28/02/2017
DA13 3 Stage 4a Level 3 Floor Plan – Blackburne Jackson Design 28/02/2017
DA14 4 Stage 4a Level 4 Floor Plan – Blackburne Jackson Design 28/02/2017
DA15 5 Stage 4a Level 5 Roof Plan – Blackburne Jackson Design 08/03/2017
DA16 4 Stage 4a South and North Elevations – Blackburne Jackson 28/02/2017
Design
DA17 4 Stage 4a Level 3 East and West Elevations – Blackburne 28/02/2017
Jackson Design
DA18 4 Stage 4a Level 3 Section A – Blackburne Jackson Design 28/02/2017
DA19 3 Stage 4a Recreation Area – Blackburne Jackson Design 28/02/2017
DA20 4 Stage 4b Basement Recreation Area – Blackburne Jackson 28/02/2017
Design
DA21 4 Stage 4b Level 1 Recreation Area – Blackburne Jackson 28/02/2017
Design
DA22 4 Stage 4b Level 1 Floor Plan – Blackburne Jackson Design 28/02/2017
DA23 3 Stage 4b Level 2 Floor Plan – Blackburne Jackson Design 28/02/2017
DA24 3 Stage 4b Level 3 Floor Plan – Blackburne Jackson Design 28/02/2017
DA25 3 Stage 4b Level 4 Floor Plan – Blackburne Jackson Design 28/02/2017
DA26 4 Stage 4b Level 5 Roof Plan – Blackburne Jackson Design 08/03/2017
DA27 4 Stage 4b Southwest and Northwest Elevations – Blackburne 28/02/2017
Jackson Design
DA28 3 Stage 4b Level 3 Northeast and Southeast Elevations – 28/02/2017
Blackburne Jackson Design
DA29 4 Stage 4b Level 3 Section B – Blackburne Jackson Design 28/02/2017
DA30 3 Stage 4b Recreation Area – Blackburne Jackson Design 28/02/2017
DA32 4 Roof Perspective – Blackburne Jackson Design 08/03/2017
DA33 3 Stage 4a Roof Perspective Views – Blackburne Jackson 28/02/2017
Design
DA34 3 Stage 4b Roof Perspective Views – Blackburne Jackson 28/02/2017
Design
DA35 3 Site Perspectives – Blackburne Jackson Design 28/02/2017
DA36 3 Site Perspectives – Blackburne Jackson Design 28/02/2017
DA42 2 Stage 4a & 4b Driveway Sections – Blackburne Jackson 28/02/2017
Design
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Section 40
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 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.
3. All exterior surfaces must be in muted and non-reflective tones that blend in with the
surrounding natural landscape.
4. Any fencing provided in conjunction with the development is to be setback at least 1 metre
from the road frontage with at least half of any fence setback 2 metres. Dense landscaping
is to be provided between the road frontage and any fencing.
5. The building height shall not exceed the Reduced Levels indicated on the approved plans.
Prior to the release of the performance bond a verification certificate shall be submitted by
a Licensed Surveyor confirming that the building does not exceed these levels.
6. Existing trees on the site and within road reserves are to be retained except where required
to be removed due to building operations, requirements of the Bushfire Management Plan
or the conduct of the approved use.
7. Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
8. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 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.
9. 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.
10. This Development Permit for a material change of use lapses if the use has not happened
by 15 June 2021, unless an application to extend the relevant period is approved by
Council.
11. 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.
Site Access and Driveways
12. A sealed access driveway must be provided from Serenity Close to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must include in particular:
a. a driveway crossover in accordance with standard drawing RS-051;
b. a driveway designed and constructed in accordance with AS/NZS2890.1:2004 and
Council’s design standards with grades that prevent vehicles from scraping and/or
bottoming whilst also allowing pedestrians movements along the footpath without any
level difference.
Car Parking
13. A minimum of 84 car parking spaces must be provided and marked on the site. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular:
a. 9 visitor/disabled parking spaces within the total, which are clearly marked for that
purpose and accessible at all times for visitor use;
b. crossfalls and gradients in accordance with Australian Standard AS2890: Parking
Facilities.
14. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
Page 40 of 73
Section 41
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
15. Directional signage must be provided to direct visitors to the car parking spaces provided
on site.
16. All vehicles must enter and leave the site in a forward direction.
Service Vehicles
17. One of the carparking spaces towards the frontage of the development (outside the
proposed gates) must be used as a shared service bay for small delivery/maintenance
vehicles. This space shall be clearly line-marked and sign posted for use by Service
Vehicles between the hours of 6am to 6pm. Outside of the specified hours the space could
be used as a standard visitor space.
Landscaping Works
18. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. retention of existing trees within the side and front setback areas, except where their
removal would be necessary as a result of approved building or operational works;
b. retention of existing trees between the building and the area of the site identified as
Open Space Conservation & Waterway on Drawing No. 881228/E, titled ‘Metes &
Bounds Plan for Private Open Space for Conservation and Waterways Protection on
Residential High Density (RHD) and dated 30 June 2004, except where their removal
would be necessary as a result of approved building or operational works or the
requirements of the Bushfire Management Plan;
c. incorporation of koala and glossy black cockatoo food trees;
d. mature planting, including a minimum of 3 x 100 litre native trees and 20 x 45 litre
native trees;
e. screening vegetation between the public access pathway and the building;
f. details of any external fencing or gates to be provided.
19. Existing trees on the site and within road reserves are to be retained except where required
to be removed due to building operations, requirements of the Bushfire Management Plan
& the Ecological Restoration Plan or the conduct of the approved use.
20. The public access pathway must provide for unobstructed pedestrian access for the
general public during daylight hours 7am to 7pm, 7 days a week.
Vegetation Protection
21. All trees to be retained shall be clearly defined on all drawings and clearly marked on site
to prevent any damage occurring to these trees.
22. Any excavation works within 6 metres of the boundary of the Open Space Conservation &
Waterway on Drawing No. 881228/E, titled ‘Metes & Bounds Plan for Private Open Space
for Conservation and Waterways Protection on Residential High Density (RHD) and dated
30 June 2004, must be in accordance with an operational works approval.
23. Any works required within the drip zone of any trees to be retained shall be carried out by
hand, not by machinery.
24. The internal driveway (or any other form of hard pavement for that matter) within the drip
zone of any trees on site to be retained shall be designed to allow the flow of water through
the pavement or be designed to direct stormwater runoff to the trees root system. To this
extent the uncovered visitor spaces towards the frontage of the development may be able
to incorporate pervious paving that allows water penetration.
25. All pavements shall be constructed so as not to damage the root system of any trees to be
retained and in this regard temporary fencing shall be provided around the trees during
construction to help protect them.
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Section 42
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
26. Plans shall be submitted to the Council for approval that clearly show the type and extent of
pavements proposed, how they comply with the above conditions and also illustrating any
temporary fencing to protect the trees prior to obtaining a Development Permit for
Operational Works.
Fauna Management
27. Vegetation must only be removed or disturbed in accordance with a Fauna Management
Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational
Works approval. The Fauna Management Plan must include a plan showing all trees in
developable site in relation to the approved development.
*(Refer to Advisory Note)
Bushfire Information Kit
28. A Bushfire Information Kit must be submitted for approval and endorsed through an
operational works approval. The kit must provide clear and practical instructions regarding
the bushfire management requirements of the covenant area. These instructions are to be
in plain English, logical format, provide concise direction for the management of the
covenant area in accordance with the approved Bushfire Management Plan.
Frontage Works
29. Footpath improvements such as topsoiling, grassing, and tree planting are required to the
Serenity Close frontage of the site (if not already provided) in accordance with Planning
Scheme Policy PSP3 Landscaping Plants and Guidelines. Grass shall be couch, free of
weeds.
30. A new 1.5 metre wide concrete path shall be constructed along the Serenity Close frontage
of the site (if not already provided) in accordance with Council’s design standards and to an
alignment that protects any significant vegetation or any underground services.
31. All paths shall be designed and constructed to ensure pedestrian safety using non-slip
materials and to produce an evenly graded surface finish.
Stormwater Drainage
32. All stormwater drainage shall be collected on site and discharged so there is no net
increase in stormwater runoff from the site.
33. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
The works must be undertaken in accordance with an Operational Works approval and
must include in particular a drainage system generally in accordance with the approved
Environmental Management Plan for the Settlers Cove development.
34. On site swale drains will be required to capture and direct any overland stormwater runoff
to the Infiltration Pits proposed on site. These swales shall be sized to carry a 3-month
storm event and plans detailing their capacity, location, length, width and grades shall be
submitted to Council for approval.
35. All site stormwater drainage shall be by means of a gravity system.
36. Plans of the entire on-site drainage design must be prepared by a Registered Professional
Civil Engineer and submitted to Council prior to obtaining a Development Permit for
Operational Works.
Electricity and Telecommunication Services
37. Unless otherwise stipulated by telecommunications legislation at the time of construction,
the development must be provided with all necessary conduits, pits and pipes to
accommodate the future connection of optic fibre technology telecommunications.
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Section 43
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
38. Certification must be submitted to Council from all relevant service providers which certifies
that the development has met the requirements of this Decision Notice and all applicable
legislation at the time of construction.
Easements
39. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
40. All easements must be designed in accordance with the planning scheme and granted at
no cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
41. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
42. All earthworks and associated batters must be undertaken in accordance with an
Operational Works approval, and contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council.
43. Plans and details outlining the extent of earthworks required on site and any trees to be
retained shall be submitted to Council for approval prior to obtaining a Development Permit
for Operational Works.
44. All major excavations (including the basement and driveways) shall be shored to prevent
batters extending into areas and vegetation that are to be retained. All trees to be retained
should be adequately tagged to Council’s satisfaction and enclosed with a barrier fence to
the drip line to prevent damage.
45. A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site,
determine the soil classification, establish whether any measures are required to protect
the stability of adjoining buildings and/or structures and/or land, and make
recommendations on the type of foundation system(s) best suited for the proposed
development. The recommendations of this report shall be incorporated into the design and
construction of the proposed development.
46. Earthworks shall not cause the ponding of water on any adjoining lands or the blockage of,
or interference with, any natural watercourses or overland flow path.
47. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining
walls that are publicly accessible and exceed 1.0m in height must be fitted with a
commercial grade safety fence.
Erosion and Sediment Control
48. 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,
controlled disposal of waste, catch drains, and temporary infiltration or sump pump-outs will
be necessary.
49. 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. The applicant is advised that a simple silt fence by itself is unlikely to
meet the objectives of best practice for Erosion & Sediment Control.
Page 43 of 73
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Damage to Services and Assets
50. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
Community Management Statement Requirements
51. The Applicant and all future owners of the site shall comply with the Environmental
Management Plan (EMP) for Settlers Cove Development 23118 DA and compliance with
the EMP shall be referenced in any community management statement over the site.
52. The Fire Management Plan is to be implemented by the Developer and future owners of
the site and is to be referenced in any community management statement.
Environmental Health
53. The developer must provide a suitably screened imperviously paved area large enough for
all refuse and recycling containers. A wash down area is required with a cold-water tap,
hose and drain outlet connected to sewer. The drain outlet is to be designed to prevent
stormwater entry to the sewerage system.
54. Street litter bins to a design approved by Council, shall be supplied and installed at the
developer’s expense at agreed locations.
55. Refuse chutes must be provided, in accordance with Council’s Policy for Refuse Chutes
and Accessories in Multi Storey Buildings.
56. Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or
located in a manner which prevents 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.
57. Air conditioning units shall be 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. On the
spot fines apply for such offences.
An occupier of premises where there is air-conditioning equipment must not use or allow
the use of the equipment -
57.1 before 7am or after 10pm on any day if it makes noise or causes noise to be made of
more than the higher of the following –
57.1.1 40 dB(A)
57.1.2 3 dB(A) above the background noise level
57.2 from 7am to 7pm on any day if it makes noise or causes noise to be made of more
than the lower of either of the following -
57.2.1 50 dB(A)
57.2.2 5 dB(A) above the background noise level
57.3 from 7pm to 10pm on any day if it makes noise or causes noise to be made of more
than 3 dB(A) above the background noise level.
Page 44 of 73
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
REPORT
1. PROPOSAL
The application seeks approval to establish a four storey Multiple Housing development,
comprising 37 units at 12 & 14 Serenity Close, Noosa Heads. The report submitted with the
application notes that it is proposed to amalgamate the two lots. The design includes two
residential apartment buildings with a shared access driveway described as stage 4A and 4B, as
described below:
Lot 7: Stage 4A - 22 residential units
Level 1 - 6 x 4 bedroom units
Level 2 - 6 x 4 bedroom units
Level 3 - 6 x 4 bedroom units
Level 4 - 4 x 4 bedroom units
A basement car park for 49 cars (including two dedicated disabled access carbay).
Lot 8: Stage 4B: - 15 residential units
Level 1 - 4 x 4 bedroom units
Level 2 - 4 x 4 bedroom units
Level 3 - 4 x 4 bedroom units
Level 4 – 2 x 3 bedroom units and 1 x 4 bedroom unit
A basement car park for 35 cars (including one dedicated disabled access car bay).
A copy of the proposed site and elevation plans is included below; additional plans are detailed in
Attachment 1.
Figure 1: Site Plan
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Figure 2: Site perspectives
2. SITE DETAILS
2.1. Background
Application No. Decision and Date
23176 DA – Lot 7 On the 10 March 2005, Council issued an approval for 20 units on Lot 7, which
was assessed under the Superseded Planning Scheme.
132003.220653.2 On the 24 August 2005, a change to the original approval was issued including
roof top terraces to the penthouse apartments.
132003.220653.3 On the 1 July 2010, Council issued a change to the original approval reducing
the GFA and setback incursions. A common access was also included with the
neighbouring development at Lot 8 Serenity Close.
The amended plans were also assessed against the Attached Housing
provisions of The Noosa Plan and the gross floor area component exceeded the
provisions by 17%. It was determined that the conflict did not raise significant
concerns due to the proposal’s consistency with the existing and approved
development within Serenity Close.
The relevant period for the approval was also extended until the 4 November
2011.
132003.220653.4 On the 28 December 2011 Council approved a further extension to the currency
period and changes to the approved plans to be further in compliance with The
Noosa Plan, including the removal of a unit and reduction in GFA.
132003.220653. Generally in Accordance approval
132003.220653.6 On the 30 April 2014, Council agreed to a 2 year extension to the approval.
132003.220653.7 On the 7 July 2016, Council agreed to a 2 year extension to the approval until 4
November 2019.
23120 DA - Lot 8 On the 9 June 2005, Council issued an approval for 23 units on Lot 8, which was
assessed under the Superseded Planning Scheme.
132002.220611.2 On the 10 June 2010, Council issued a change reducing the number of units
from 23 to 21.
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Section 47
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Application No. Decision and Date
132002.220611.3 On the 28 December 2011, Council approved a further extension to the currency
period and changes to the approved plans to be further in compliance with The
Noosa Plan, including the removal of a unit and reduction in GFA.
132002.220611.4 On the 30 April 2014, Council agreed to a 2 year extension to the approval.
132002.220611.5 On the 7 July 2016, Council agreed to a 2 year extension to the approval until 4
November 2019.
An overall site and elevation plan of the existing approved development is included below.
Figure 3: Site and elevation plans of previous approvals
Page 47 of 73
Section 48
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
The permit applicant identifies the key differences between the current application and the
previous approvals as:
The approvals currently exist separately over each lot with a shared common driveway and
easement linking the two.
This approval seeks to amalgamate both lots 7 and 8 and then create a community titles
scheme whereby each of the proposed apartment buildings will operate independently as a
subsidiary strata scheme both sharing common property forward of their respective
basement gates as part of the principal scheme.
Water and fire water services will be via a common connection, eliminating the need for two
sets of meters and fire hydrant boosters and pump, resulting in a neater streetscape and
the opportunity for more extensive landscaping of the street setback areas.
A key difference in this proposal is the deletion of the four two storey villas from Lot 7. As a
result, this new proposal represents an overall reduction in the number of dwellings, the
extent of site cover and the total gross floor area across both lots.
The deletion of the villas has created a significant amount of open space on Lot 7.
Accordingly, the proposal seeks to essentially mirror the existing approvals with respect to
the apartment buildings, placing the larger building on the area that is currently Lot 7, and
the smaller of the buildings on the area that is currently Lot 8. This results in a more
equitable allocation of open space to each building.
As a result of the new configuration, the driveway crossover is able to be positioned further
along Serenity Close, at a lower relative level, reducing the necessary transition from road
level to the levels of each basement, which remain similar to the existing approvals.
2.2. Site Description
Site & Locality Description
Road Frontage The site is located near the end of the cul-de-sac and has 79m
of road frontage to Serenity Close.
Existing Significant Vegetation The sites were selectively cleared as part of the subdivision
works in 2005. Further clearing occurred in 2008 on the
northern portions of lot 7. The site currently includes scattered
eucalypts, and casuarinas.
Topography: The site slopes away from the street at a rate of approximately
10%. The steepest fall occurs across Lot 7 on the northern
boundary adjacent to the existing Emerald Units.
The permit applicant has provided the following information relating to the site:
A sewer easement traverses Lots 7 & 8 across the frontage of the site. A recent sewer
extension across Lot 7 and terminating within Lot 902 has required a new easement, which
is currently being created.
Pursuant to the development approval of the Emerald development to the north, a public
pathway leading to the public jetty will be created upon completion of these apartments,
which traverses both Lot 7 and Lot 902 and includes sections within the separate Public
Open Space for Conservation and Waterways Protection (“POSCWP”) areas.
A series of easements were created to define this pathway for public access purposes
upon the creation of SP 195871 (refer attachment A), however some of these pathway
easements are in the process of being amended to reflect the as-built alignment, as varied
to satisfy environmental constraints.
Secondary pedestrian access to this pathway is proposed from the Site at a location
nearby to a similar access point to the amenities are of the Emerald apartments.
Page 48 of 73
Section 49
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
The following images detail the subject site and surrounding locality:
Figure 4: Aerial photograph of subject site (2016)
Attached Housing Zone
Open Space Conservation Zone
Figure 5: Applicable Zones
Page 49 of 73
Section 50
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Figure 6: Aerial photograph of subject site and surrounding locality (2016)
2.3. Surrounding Land Uses
North - Residential unit complexes known as the Emerald comprising 42 x 3 bedroom units on
lots 5 & 6.
East - Vacant - approved resort complex
South - Vacant – approved 22 units with a currency period to expire on the 6 August 2019.
West - Conservation Reserve
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Koala State Planning Regulatory Provisions
The site is within a Koala Assessable Development Area and development on the site is now
subject to the provisions of Division 7 of the SPRP. The development does involve minor
clearing of koala trees within a mapped low value rehabilitation area. In accordance with the
regulatory provisions offsets are not applicable to vegetation removal within a low value
rehabilitation area.
Page 50 of 73
Section 51
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
3.2. Statutory Instruments – Planning Scheme
Locality Provisions
Noosa Heads Locality Code
The subject site is located in the Noosa Heads Locality and is zoned Attached Housing. The
proposed use is identified as a consistent use within the zone and is required to follow an impact
assessable application process.
The predominant purpose of the zone is to facilitate the development of Multiple Housing forms
which offer a high level of residential amenity and design quality. The Settlers Cove precinct has
specifically been identified as being suitable for 4 storey development that has a maximum
building height of 15 metres. Density provisions within the Noosa Plan are also specific to
Settlers Cove permitting an allowable population density of 250 persons per hectare. In summary
the allocation of specific development parameters to the Settlers Cove precinct recognises the
areas suitability for large scale Multiple Housing development as the site offers high levels of
convenience, accessibility and services.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Residential Uses Code
Engineering Works Code
Landscaping Code
The proposals compliance with the relevant codes and a comparison to the existing approval is
detailed in the following table. As the proposal involves the amalgamation of both lots the area
used relates to the combined areas within the Attached Housing Zone.
Criteria The Noosa Plan Proposal Complies Existing Approvals
combined lot 7 & 8
Site Area Lot 7: 6873
Lot 8: 6573
Total - 13,446m2
Attached Housing zone:
Lot 7 - 5,185m2
Lot 8 – 4,668m2
Total – 9,853m2
Population 246.3 122.1 135.3
density
Gross floor area 9,852m² max 9,277m² 9,631m²
Site cover 40% = 3,941m2 3,519m2 3965m2
Landscaped 3,663m² min >3,700m² Complied
open space
Length of wall 15 metres with one Complies, variation in
design element building bulk 4 degrees
roof pitch
Boundary
setbacks
Frontage 6m 6m to the pump Complies
Northern Half building height Level 4: 210mm intrusion X 4.3 metres
side
All other levels comply
2m – pavilion 3.5m height
Roof 19mm intrusion X
Page 51 of 73
Section 52
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Criteria The Noosa Plan Proposal Complies Existing Approvals
combined lot 7 & 8
Southern Half building height 6.1 metres
side All other levels comply
1.8m from the zoning
boundary X
Rear 6m Minor variation for
staircase
Building height 4 storeys max
in storeys (NB: changed “Storey” 4 4
definition)
in metres 15m max 15.805 m X 15.2m
Carparking 83.25 84
The table above demonstrates that the proposal complies with the planning scheme
requirements with the exception of Rear and Side Setbacks and Building Height.
Building Height
Specific Outcome 8 Buildings and other structures —
a. present a building height consistent with structures on adjoining and surrounding
land;
b. do not exceed a maximum building height of — 4 storeys
c. do not visually dominate the street or surrounding spaces;
d. preserve the amenity of surrounding land;
e. respect the scale of surrounding vegetation;
f. respond to the topography of the site by minimising cut and fill (eg. stepping down the
site or using a suspended pole construction); and
g. maintain a mature vegetated skyline.
The proposed development seeks variations to the maximum height as different sections of the
roof blades are between 15.25 and 15.845 metres above natural ground level. The variations
sought only relate to a minor section of the overall roofing and are located to the rear of the site
adjacent to the vegetated Private Open Space for Conservation and Waterways Protection
(POSCWP) land to the west. Whilst the POSCWP land is vegetated and creates a buffer
between the development and the river, the building will be visible when viewed from the river
and surrounding land however the area of intrusion is minor in relation to the overall
development.
The stepped form of the roof and minor areas of intrusion limit the impact on the amenity of
surrounding land as adjoining properties are of similar form. The increased heights generally
relate to areas that are not part of the building perimeter and therefore less likely to dominate
when viewed from adjoining properties.
Current development permits on the sites detail an approved maximum height of 15.2m. The
development on the adjoining land known as Emerald has been granted a height of up to
15.35m. The residential buildings are consistent with development on the adjoining land which
are of a similar size and scale to the proposed development. Generous setbacks to the street
frontage allow for meaningful landscaping to aid in screening the development.
Setbacks
A minor variation of 210mm is required for the fourth floor northern side setback of the Stage 4a
building, it is considered that this variation is minor and will not result in detriment to the adjoining
property.
Page 52 of 73
Section 53
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
A minor variation of 19mm is required to the southern side setback of the Stage 4b building. This
variation relates to the roof which encroaches 19mm beyond the 600mm overhang allowance. It
is considered that this will not result in amenity loss to the adjoining property which is currently
undeveloped.
The proposal seeks to vary the 6 metre setback to the rear POSCWP by intruding into the
setback between 1.0 and 1.80 metres. This relates to a small section of the basement which
protrudes above the ground. Predominantly the proposal accords with the rear setback
requirement and will not result in the removal of vegetation. The variation does not cause conflict
with the bushfire requirements. The setbacks are considered to meet the Specific Outcomes of
the Noosa Heads Locality Code and will not negatively impact upon the streetscape of Serenity
Close or adjoining properties.
Overall, the development’s degree of consistency with current planning provisions, including local
and State statutory instruments is satisfactory and there are no aspects of non-conformance that
preclude approval.
Overlay Provisions
The following overlay codes are applicable to this application:
Biodiversity Overlay - Riparian Buffer and Environmental Enhancement Area
The proposed works are sited within areas mapped as Environmental Enhancement Area and
Riparian Buffer Area and will require some vegetation removal. The buildings are located in
similar location to the previous approvals. Assessment of the proposal by Council’s
Environmental Officer has determined that the proposal is in accordance with the covenant
relating to open space management.
Natural Hazard Overlay – Slide Hazard, Bushfire and High Potential Acid Sulphate Soils
Bushfire
The site is mapped as being located within the Potential Impact Buffer for Bushfire and partially
within the Medium Potential Impact Buffer. A bushfire report was submitted with the application
primarily addressing the required BAL requirements for the development. The report does not
conflict with the Bushfire Plan which was approved for the as part of the subdivision of the
Settler’s Cove land.
Slide Hazard
The site is partially mapped in a Landslide Hazard Area. The report submitted with the
application addresses this aspect in the following manner:
No development is proposed on the steeper areas of the Site (primarily the western edge of
Lot 7). The basements are typically cut into the Site, rather than requiring retaining above
natural ground levels. As a result, and consistent with past approvals, the buildings are set
into the site and do not pose or create a likely landslide concern.
Generous setbacks to the POSCWP have been provided to ensure that building works do
not impact on the vegetation or the existing ground levels within these areas.
It is acknowledged that the majority of works are to occur outside of the Landslide Hazard Area
and that the footprint of the development is consistent with the earlier approvals.
A significant amount of earthworks is required for the basement carpark, building platforms, and
various driveways and parking areas. In addition to this, excavation will also be necessary for
the proposed recreation area. It is therefore recommended that the applicant employ the
services of a Geotechnical Engineer to supervise and certify these works. This may be
addressed by a condition of the approval.
Page 53 of 73
Section 54
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
4. CONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Nil
4.1.
4.2. Other Referrals
The application was forwarded to the following internal council specialists:
Development Engineer
Environment Officer
Their assessment forms part of this report.
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. No properly made submissions were received. The following table provides a
summary and assessment of the issues raised by submitters.
5. CONCLUSION
It is concluded that the proposed development is in accordance with the zoning and complies
with the planning scheme provisions for multiple dwellings, with the exception of a small intrusion
into the rear and a side setback and the overall building height. No concerns are raised with
respect to the reduced setbacks or the building height which is consistent with previous
approvals for the sites and approved developed on an adjoining allotment. The proposed
buildings are setback in accordance with the conditions of the lot reconfiguration from the Private
Open Space area with the exception of a small area of basement on Lot 8.
It is therefore recommended that the application be approved with conditions to support the
development of the site.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance x Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 54 of 73
Section 55
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
ATTACHMENT 1
SITE AND PERSPECTIVE PLANS
Page 55 of 73
Section 56
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Page 56 of 73
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
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Page 56 of 73Section 57
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Page 57 of 73
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
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Page 57 of 73Section 58
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Page 58 of 73
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
l STAGE 48 | - 7 | STAGE 4A | EMERALD (EXISTING) _
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Page 58 of 73Section 59
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
4 132007.1259.05 PLANNING &ENVIRONMENT COURT APPEAL 1360 & 1361 OF 2017
DEVELOPMENT APPLICATION TO CHANGE THE DEVELOPMENT APPROVAL &
EXTEND THE RELEVANT PERIOD FOR VISITOR ACCOMMODATION, OFFICE,
SHOPS & RESTAURANTS AT 215A DAVID LOW WAY, PEREGIAN BEACH
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Planning & Infrastructure Department
Index ECM / Application /132007.1259.05 & Cases / 1360/2017 & 1361/2017
Attachments Nil
APPLICATION DETAILS
Applicant Thomco (No. 2087) Pty Ltd
Proposal Change the development approval and extend the relevant period of
Material Change of Use for visitor accommodation, office, shops and
restaurants
Appeal Filed 18 April 2017
PROPERTY DETAILS
Property Address 215A - 219 David Low Way, Peregian Beach
RP Description Lots 8 -10 P 9315 & Lot 76 MCH 2969 (currently Lot 77 SP 231615)
Land Area 23.12ha
Existing Use of Land Shopping complex (IGA and various shops) and vacant land (formerly
Peregian Beach Caravan Park)
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Eastern Beaches
Zone Semi-Attached Housing and Open Space Recreation
Overlays Natural Hazards Overlay – Bushfire Hazard
Natural Hazards Overlay – High and Low Potential Acid Sulphate Soils
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 6 June 2017 regarding Planning and Environment Court Appeals
1360/2017 & 1361/2017 and agree to defend the appeals.
Page 59 of 73
Section 60
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
REPORT
Material Change of Use
An application (132007.1259) for a Material Change of Use for visitor accommodation,
restaurant, shops and office was originally refused by Council on 21 August 2009 but
subsequently settled on 12 February 2010 through the appeal process. The application attracted
2 properly made and 4 not properly made submissions. The approval was over 4 lots, 3 with
frontage to the David Low Way and a larger lot to the rear of these lots, all accessed from the
then Unnamed Road, which is now Sandpiper Court.
The approved development comprises a commercial building fronting the David Low Way, which
includes 306m² of restaurant, 387m² of retail uses on the ground/podium level and a low cost 58
bed visitor accommodation use to the first floor with parking underneath this building. To the rear
of the site and behind the Peregian Beach Hotel, 2 three storey accommodation buildings
consisting of 32 x 3 bedroom units, pool/BBQ area and 30 individual 2, 3 and 4 bedroom “beach
shacks” are approved. The most western portion of the site is conditioned to be dedicated to
Council as parkland for environmental purposes.
On 24 January 2012 a permissible change was issued by the Planning and Environment Court
(Appeal No. 4783 of 2011*). The primary changes included:
Staging the development into 3 stages, being:
Stage 1 – commercial building fronting David Low Way and rehabilitation and
dedication of the parkland to Council.
Stage 2 – The 2 larger visitor accommodation buildings (32 x 3 bedroom units) to the
rear of the site.
Stage 3 – 30 Beach Shacks (2, 3 and 4 bedroom individual buildings); and
An updated Stormwater Management Plan to reflect the staging and the current best
practice water management objectives.
As part of this application to change the development approval, the court did not allow the
addition of juliette balconies and additional outdoor dining facilities to the commercial and visitor
accommodation building fronting David Low Way. The court did not agree that the juliette
balconies and the outdoor dining areas constituted a permissible change pursuant to Sustainable
Planning Act 2009.
As such, a new impact assessable application for a development permit to include Juliette
balconies and additional outdoor dining (MCU12/0023) was lodged and subsequently approved
on 26 July 2012. The application attracted 198 properly made and 12 not properly made
submissions. Of the 198 properly made submissions, 81 objected and 117 supported the
proposal. The submitters were primarily concerned with noise generated from the outdoor dining
activities.
On 15 November 2013, Council agreed to extend the relevant period to 28 September 2016 and
extend the sunset provision to 4 February 2018 (Appeal No. 4139 of 2013).
Reconfiguring of a Lot
A Development Permit for Reconfiguring a Lot (152010.627) was approved by Council on 29
October 2010. This approval created the western lot required by the material change of use
approval to be dedicated as parkland for environmental purposes and 2 other lots, being one lot
for the commercial and visitor accommodation uses fronting David Low Way and the other lot for
the majority of the visitor accommodation uses located to the rear of the site.
This subdivision approval was subsequently changed in order for the IGA and associated shops
(MCU13/0251) to be wholly sited within one lot as the development was straddling the original
approved boundaries. The lots have been sealed by Council but to date the parkland and
commercial lot have not been registered at the titles office.
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Section 61
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Most recent application (which is the subject of the appeals)
On 13 September 2016 an application was made seeking a 2 year extension to the relevant
period and a 2 year extension to the sunset provision of the development approval. Condition 31
below outlines the current relevant period and sunset provision for the development.
31. The Development Permit for a Material Change of Use lapses if the first change of use
has not started by 28 September 2016, and all works associated with the development
have been completed by 4 February 2018.
The applicant sought Condition 31 to be amended to read as follows:
31. The Development Permit for a Material Change of Use lapses if the first change of use
has not started by 28 September 2018, and all works associated with the development
have been completed by 4 February 2020.
A report on a development application to change the development approval and extend the
relevant period of Material Change of Use for visitor accommodation, office, shops and
restaurants for 215A – 219 David Low Way, Peregian Beach was considered by Council’s
Planning & Environment Committee on 7 March 2017. At its Ordinary Meeting dated 16 March
2017, Council resolved to refuse the request to extend the relevant period and advise the
applicant that the request to extend the relevant period must be made to the Planning and
Environment Court.
Following Council’s decision, appeals were lodged with the Planning and Environment Court on
18 April 2017 by the applicant:
1360/2017
…extending by 2 years the time in Condition 31 of the Development Approval by which all
works associated with the development must be completed to prevent the Development
Approval’s lapse, from 4 February 2018 to 4 February 2020.
1361/2017
…against the decision of the Respondent to refuse a request to extend the relevant
period for a development permit for a material change of use of premises (Visitor
Accommodation Type 4 - Conventional, Commercial Business Type 1 - Office, Retail
Business Type 2 - Shop and Salon and Entertainment and Dining Business Type 1 - Food
and Beverages)
The applicant is requesting that the Court amend Condition 31 to extend the timeframe for works
to be completed in accordance with Section 369 of the Sustainable Planning Act 2009 and
appealing Council’s decision to refuse the extension to the timeframe in Condition 31.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting Minutes, 16 March 2017, Item 3, Page 6
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 7 March 2017 in regard to the request to extend the relevant period
and to change Condition 31 of approval No. 132007.1259.05 for a Development Permit for
Material Change of Use – Visitor Accommodation Type 4 Conventional, Entertainment & Dining
Type 1 Food & Beverages, Retail Business Type 2 Shop & Salon, Commercial Type 1 Office
situated at 215A David Low Way, Peregian Beach and
A. Refuse the request to extend the relevant period before which the development approval
will lapse under section 341 of the Sustainable Planning Act 2009 for the following reasons:
1. The notice requesting the extension to the period was not made on the Council’s
prescribed form.
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2. The notice did not provide a copy of its notification to the relevant concurrence
agency for the original development application under section 383(3)(b) of the
Sustainable Planning Act 2009.
3. The proposed development is inconsistent with The Noosa Plan and given the time
lapsed it is relevant to examine whether there are still grounds in the community’s
interest to justify the conflict with the planning scheme.
4. The community is unlikely to be aware of the development approval given the time
lapsed since the application was lodged in 2007; changes in the area; and the
shopping complex that has been constructed on a significant portion of the site.
5. The application would be likely to attract further properly made submissions were a
further development application lodged and publicly notified today, given
a. the time lapsed since the application was lodged in 2007;
b. the changes that have occurred in Peregian Beach, including significant urban
growth west of Peregian Beach
c. the development cannot proceed in its current approved form and the change is
likely to result in a substantially different development
6. The approved development in its current form cannot proceed as a shopping complex
has been constructed on a significant portion of the site and has superseded the
development approval.
B. Advise the applicant that the request to change the date in Condition 31 when the
development approval will lapse for failure to complete all works associated with the
development is a request to change the development application under section 369 of the
Sustainable Planning Act 2009 and must be made to the Planning and Environment
Court.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources Planning & Environment
Sustainability Strategic Land Use Planning
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5 DELEGATIONS FOR PLANNING ACT 2016
DOCUMENT INFORM AT ION
Author Manager, Planning & Environment, Kerri Coyle
Planning & Infrastructure Department
Index ECM / Governance & Executive / Delegation of Authority
Attachments 1. New Delegations of Authority: Planning Act 2016
EXECUTIVE SUMMARY
The purpose of this report is to review the current planning delegations ready for commencement
of the Planning Act 2016 on 3 July 2017.
RECOMMENDATION
That Council note the report by the Manager, Planning & Environment to the Planning &
Environment Committee Meeting dated 6 June 2017, and
A. Pursuant to section 257 of the Local Government Act 2009, agree to delegate the powers
for the Planning Act 2016 as detailed in Attachment 1;
B. Note that a Special Meeting of Council will be held for those code assessable applications
where the proposed development is of significant community interest.
REPORT
1. Background
Delegations are the process by which the Council delegates local government powers under
relevant legislation to implement and enforce legislation, standards and requirements.
‘Delegation’ to the Chief Executive Officer and council officers will ensure actions undertaken by
council are compliant with State Government legislative requirements. These powers must be
exercised subject to any applicable criteria and procedures detailed in the delegations.
The development or amendment of delegations does not require community consultation as they
are purely an administrative process that provides the Chief Executive Officer with the necessary
authority under the various Acts.
Section 257 (Delegation by the Local Government) of the Local Government Act 2009 allows, by
resolution, a local government to delegate its powers under the local government Act to the
Mayor, CEO, a standing committee or a joint standing committee.
Section 259 (Delegation by the Chief Executive Officer) of the Local Government Act 2009 allows
the Chief Executive Officer of a local government to delegate the Chief Executive Officer’s
powers (including powers delegated to the Chief Executive Officer by the local government) to
another employee of the local government.
2. Planning Act 2016
On the 3 July 2017 the new Planning Act 2016 will replace the Sustainable Planning Act 2009.
The subordinate legislation for the Sustainable Planning Act 2009 will also be replaced by new
planning regulations. It is therefore appropriate for Council to review its delegations and ensure
they align with this new legislation.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
The new delegation registers for the Planning Act 2016 have been provided by LGAQ for the
Planning Act 2016, and include:
1. The Register of Delegations – Council to CEO; and
2. The Register of Delegations – CEO to Employee.
These registers include all the powers identified by King & Company for LGAQ for the Planning
Act 2016. The register has been reviewed and revised by officers to align and reflect the current
delegations provided for the Sustainable Planning Act 2009. This means many of the powers
under the Planning Act 2016 will remain with Council such as amending/making new planning
schemes, Local Government Infrastructure Charges Plan, and deciding the more sensitive
development applications etc. Other powers will be delegated to officers consistent with current
practices.
Currently, the delegations for the Sustainable Planning Act 2009 require the following
applications to be decided at an Ordinary or Special Meeting of Council:
a) an application for a preliminary approval mentioned in section 242 of the Sustainable
Planning Act 2009 to vary the effect of the planning scheme;
b) the approval of an application where there is substantial non-compliance with a
stated policy of the Council or a high order provision of the Planning Scheme being a
desired environmental outcome, or an overall outcome of a code;
c) the refusal of any application where Council is the assessment manager;
d) requests including Negotiated Decision requests, to change or cancel conditions that
were imposed by Council at an Ordinary Meeting or a Special Meeting;
e) and an application for a proposed development of significant community interest.
Applications of significant community interest may include development proposals for highly
prominent or environmentally sensitive sites such as Hastings Street, Gympie Terrace or
proposals on the Noosa North Shore; new developments in the business centres; prescribed tidal
works for commercial operations on the Noosa River; heritage sites; proposals of significant
construction value ($20 million) and applications attracting 20 opposing submissions.
There is also currently a specific delegation to officers to decide applications which have the
potential to be ‘deemed approved’. This includes code assessable applications if not decided
within the decision period stipulated by the Act. Under The Noosa Plan code assessable
applications typically include applications that are consistent with The Noosa Plan, such as
detached houses, duplex dwellings in areas zoned for duplexes; shops and offices in business
centre zones etc. Notably, impact assessable applications may be ‘deemed refused’ if not
decided within the Act’s time frames.
The delegations also provide for the ability for a Councillor to request an application to be
determined at a Council meeting. The request is to be made to Chief Executive Officer, with the
request to be made before the decision stage commences.
It is proposed to continue with similar delegations for development applications lodged under the
Planning Act 2016, with minor wording changes to reflect new terminology. Similarly, given the
shortened assessment time frames of the Planning Act 2016, it is important that applications
which have the potential to be ‘deemed approved’ continue to be delegated to officers to decide.
However, for those code assessable applications which have the potential to be ‘deemed
approved’ and are currently referred to Council for a decision it is proposed to hold a Special
Meeting of Council. Such applications in the past have included the proposed supermarket for
Cooroy, and some Operational Works application for prescribed tidal works along the Noosa
River.
The register also includes a new proposed delegation reflective of changes coming with the
Planning Act 2016. This is the power to give an ‘exemption certificate’ for development pursuant
to section 46 of the Planning Act 2016. Under the Planning Act 2016 -
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“A development approval is not required for assessable development on premises if there is an
exemption certificate for the development”.
The Planning Act 2016 provides that Council may give an exemption certificate if:
(a) for development for which there is a referral agency—each referral agency has agreed in
writing to the exemption certificate being given; and
(b) any of the following apply—
(i) the effects of the development would be minor or inconsequential, considering the
circumstances under which the development was categorised as assessable
development;
(ii) the development was categorised as assessable development only because of
particular circumstances that no longer apply;
(iii) the development was categorised as assessable development because of an error.
The exemption certificate attaches to the premises, similar to development approvals, has effect
for 2 years after it was given and may state a period in which the development must be
completed.
This is a new concept and based on the Act’s limitations is likely to have very few applications in
Noosa. However, from time to time development applications are received and decided by
officers where an exemption certificate would meet at least one of the above circumstances.
Examples include applications where there are some inaccuracies in the Overlay Mapping,
particularly the Biodiversity Overlay or for minor extensions to a detached house in a riparian
buffer where there is no vegetation required to be cleared for the extension.
Notably, the delegations for the Sustainable Planning Act 2009 and subordinate legislation will
need to remain in place until those applications lodged under this Act are finalised.
Previous Council Consideration
Not Applicable
Finance & Risk
Operationally, if delegations are not current or officers operate outside of their delegated
authority, relevant decisions made and action taken may be considered unauthorised and subject
to legal challenge. This may expose Council to the risk of unnecessary and expensive legal
action by third parties and reputational damage.
All of Council’s delegations contain the following conditions to manage the risk of Officers acting
beyond the appropriate delegated authority:
“1. The delegated officer must exercise this delegation in accordance with Council resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter
of appointment and/or, position description, qualifications, technical knowledge and
legislative requirements.”
Consultation
External Consultation - Community & Stakeholder
The Governance Branch consults with the Principal Advisor of LGAQ in relation to delegation
matters as required.
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Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer x Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
x Waste & Environmental Health Revenue Services
x Executive Office x Planning & Infrastructure
Community Engagement x Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
x Governance Infrastructure Planning & Design
Human Resources x Planning & Environment
Sustainability x Strategic Land Use Planning
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
Attachment 1
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Attachment 1
@ | COUNCIL
DELEGATION OF AUTHORITY
TITLE: PLANNING ACT 2016
Delegation by the Council to: Date:
Source of Authority:
Local Government Act 2009 - Section 257
Planning Act 2016
Delegated Power:
1. To exercise the Council’s powers pursuant to the Planning Act 2016 (Act).
Fister
scheme request and give notice of the decision.
avoidance of doubt, the power delegated includes the power to take all
actions as detailed in section 46.
Power to act as the “assessment manager’ for all development Sections 48, 51, 53,
applications, change representations, cancellation applications and 54 59 60. 61. 62. 63
extension applications received by Council under Chapter 3 of the 64, 65, 67, 71. 76, 84.
Planning Act 2016. For avoidance of doubt, the power delegated includes | g5 86 87,93, 100,
the power to take all actions of an assessment manager and consider all | 494, 105, 107 and
matters as detailed in sections 48, 51, 53, 54, 59, 60, 61, 62, 63, 64, 65, 109
67, 71, 76, 84, 85, 86, 87, 93 100, 101, 105, 107 and 109 of the Planning
Act 2016.
Power to act as a “referral agency” for all development applications Sections 54. 55. 56
received by Council as a referral agency under Chapter 3 of the Planning | 57 65 66 67 84 85
Act 2016. For avoidance of doubt, the power delegated includes the 100, 107 and 109
power to take all actions of a referral agency and consider all matters as
detailed in sections 54, 55, 56, 57, 65, 66, 67, 84, 85, 100, 107 and 109 of
the Planning Act 2016.
Power to act as a “responsible entity” for all change applications received | Sections 79, 80, 81,
by Council as a responsible entity under Chapter 3 of the Planning Act 82, 83, 93 and 100,
2016. For avoidance of doubt, the power delegated includes the power to | 105, 107 and 109
take all actions of a responsible entity and consider all matters as detailed
in sections 79, 80, 81, 82, 83, 93, 100, 105, 107 and 109 of the Planning
Act 2016.
Power to act as an “affected entity” for all change applications received by | Section 80
Council as an affected entity under Chapter 3 of the Planning Act 2016.
For avoidance of doubt, the power delegated includes the power to take
all actions of an affected entity and consider all matters as detailed in
section 80 of the Planning Act 2016.
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Power to give an infrastructure charges notice. For avoidance of doubt, Sections 119, 120,
the power delegated includes the power to take all actions and consider 121 and 129
all matters as detailed in sections 119, 120, 121 and 129.
Power, as a local government that gave an infrastructure charges notice, | Section 123
to agree with the recipient about:-
a) whether the levied charge may be paid other than as required under
section 122, including whether it may be paid by instalments; and/or
b) whether infrastructure may be provided instead of paying all or part of
the levied charge.
Power, as a local government, to consider representations made on an | Section 125
infrastructure charges notice and, issue a negotiated notice or give a
decision notice.
Power, as a local government with a LGIP that identifies adequate trunk | Section 128(1)
infrastructure to service the subject premises, to impose a development
condition requiring either or both of the following to be provided at a stated
time:
a) the identified infrastructure; and/or
b) different trunk infrastructure delivering the same desired standard of
service.
Power, as a local government with a LGIP that does not identify adequate | Section 128(2)
trunk infrastructure to service the subject premises, to impose a
development condition requiring development infrastructure necessary to
service the premises to be provided at a stated time.
Power in the circumstances referred to in subsection (1) to, by notice Section 137
given to the applicant, amend the infrastructure charges notice.
Power, as a local government, to agree with an applicant that a levied Section 144(2)
charge, for the purpose of its recovery, is not taken to be rates.
Power, as a local government, to impose a development condition about | Section 145
non-trunk infrastructure.
Power, as a local government, to enter an infrastructure agreement. For | Chapter 4, Part 4
avoidance of doubt, the power delegated includes the power to take all
actions and consider all matters as detailed in Chapter 4, Part 4.
Power, as an enforcement authority, to give a show cause notice. Section 167
Power, as an enforcement authority, to give an enforcement notice. Section 168
Power to consult with a private certifier before giving an enforcement | Section 169
notice.
Power to give notice of the giving or withdrawal of an enforcement notice | Section 170
to the chief executive.
Power to bring offence proceedings for an offence against the Act. Section 174
Power, as an enforcement authority, to:- Section 176(10)
(a) take the action required under the enforcement order; and
(b) recover the reasonable cost of taking the action as a debt to the
authority from the defendant.
Power, as an enforcement authority in an offence proceeding, to apply for | Section 178(1)(b)
an order for the payment of the expenses.
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Power to the start proceedings in the P&E Court for an enforcement order. | Section 180
Power, as an enforcement authority, to:- Section 180(13)
(a) take the action required under the enforcement order; and
(b) recover the reasonable cost of taking the action as a debt to the
authority from the respondent.
Power, as an enforcement authority in an offence proceeding, to apply for | Section 214
a disposal order.
Power to make a claim for compensation from the State where Council | Section 221
incurs loss because of the exercise, or purported exercise, of a power by
or for an inspector.
Power as an appellant to start an appeal. esos 229(2) and
Power as a respondent or co-respondent to be heard in an appeal. Section 229(4)
Power to elect to be a co-respondent in an appeal. Section 230(6)
Power to start proceedings for a declaration by a tribunal. For avoidance | Sections 239(1), 240
of doubt, the power delegated includes the power to take all actions | and 241,
detailed in sections 239(1), 240 and 241.
Power to give the registrar information that the registrar reasonably | Section 246(2)
requires for the proceedings.
Power to appear as a party to a tribunal proceeding. Section 248
Power to make submissions to the tribunal. Section 249
Power to give notice to the Registrar once a tribunal’s direction or order | Section 257
has been complied with.
Power to give an applicant the planning and development certificate | Section 265
applied for.
Power, as an owner of premises in an affected area, before entering into a | Section 270
lease of the premises with a person, to give a notice that states :-
(a) the premises are in an affected area; and
(b) that restrictions may apply to the person in taking proceedings
about emissions from registered premises in the affected area.
Power to make an amendment of a type specified in subsection (1) by | Section 293(5)
following the process set out in the rules. For avoidance of doubt, the
power delegated includes the power to take all actions as detailed in the
rules.
Any Conditions of Delegation:
1. The Delegated Officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter of
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appointment and/or, position description, qualifications, technical knowledge and legislative
requirements.
3. The Delegated Officer may exercise the powers of the Council under the Planning Act 20016
for an application other than the following:
a) an application for a variation request mentioned in section 61 of the
Planning Act 2016 to vary the effect of the planning scheme;
b) the approval of an application where there is substantial non-compliance with a
stated policy of the Council or a high order provision of the Planning Scheme being
a desired environmental outcome, or an overall outcome of a code;
c) the refusal of any application where Council is the assessment manager;
d) requests for change representations, and change applications to change or delete
conditions that were imposed by Council at an Ordinary Meeting or a Special Meeting;
e) and an application for a proposed development of significant community interest.
However, the delegated officer may exercise the powers of the local government under the
Planning Act 2016 for an application where
i. the application has the potential for 'deemed approval’ in accordance with section
64 of the Act; and
il the application is for Operational Works for clearing vegetation.
A councillor may request an application to be determined at a Council meeting. The
request shall be made to Chief Executive Officer, with the request to be made before the
decision stage commences.
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6 ALIGNMENT AMENDMENTS TO THE NOOSA PLAN 2006 - PLANNING ACT 2016
DOCUMENT INFORM AT ION
Author Planning Scheme Project Manager, Raul Weychardt
Planning and Infrastructure
Index ECM/Subject/Draft Alignment Amendments
Attachments 1. Draft Alignment Amendments – The Noosa Plan
(937 page attachment provided separately to this report)
EXECUTIVE SUMMARY
The purpose of this report is to seek Council approval to amend The Noosa Plan 2006 to align
with the Planning Act 2016 consistent with the Minister’s Alignment Amendment Rules and the
draft alignment amendments contained in Attachment 1.
RECOMMENDATION
That Council note the report by the Planning Scheme Project Manager to the Planning &
Environment Committee Meeting dated 6 June 2017 and
A. Prepare an alignment amendment to The Noosa Plan 2006 under the Alignment
Amendment Rules made by the Planning Minister under section 293 of the Planning Act
2016 as outlined in Attachment 1 – Draft Alignment Amendments - The Noosa Plan;
B. Adopt the alignment amendments as outlined in Attachment 1 to take effect on the
commencement of the Planning Act 2016 on 3 July 2017;
C. Give notice of the alignment amendments by placing a public notice in the local newspaper,
government gazette and Noosa Council website; and
D. Provide the Chief Executive of the Department of Local Government, Infrastructure and
Planning a copy of the public notice and a copy of the alignment amendment.
REPORT
Background
On 3 July 2017, the Planning Act 2016 (the Act) will commence and replace the Sustainable
Planning Act 2009 (SPA) as Queensland’s new planning legislation. The Act includes new
provisions, decision rules and terminology different to SPA, including for example, changes to
terminology surrounding categories of development and assessment.
Chapter 8 of the Act contains transitional provisions providing for the legal transition of existing
planning schemes and terminology. Notwithstanding this, the Minister has provided a set of rules
outlining a process for Council to make certain non-substantial changes (alignment amendments)
to planning schemes to reflect the Act.
The Minister’s rules allow for Council to determine the extent of the alignment amendments with
options to apply all or part of the regulated requirements under the Act. It is at the Council’s
discretion to either undertake alignment amendments or continue under the transitional
provisions.
The rules allow for Council to make non-substantial changes to reflect the Act including:
1. improving and clarifying assessment benchmarks, notably codes, to ensure they are
sufficiently robust;
2. reformatting or revising the structure of the planning scheme to improve its clarity or
operation;
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JUNE 2017
3. replacing terminology or language with terminology consistent with the Act, including but
not limited to names of categories of development or categories of assessment;
4. changes of form not involving substantial changes of substance.
Proposal
To ensure a seamless transition and interpretation of the Act’s new terminology, it is proposed to
undertake limited alignment amendments to The Noosa Plan 2006 under the Minister’s rules.
The alignment amendments to The Noosa Plan 2006 will only relate to terminology and matters
regarding the categories of development and assessment. The alignment amendments are
shown as track changes in Attachment 1 and include:
1. New terminology and definitions for the categories of development under the Act;
2. New clauses outlining the process for determining the categories of development
assessment;
3. New clauses outlining the hierarchy of assessment benchmarks;
4. New clauses determining the requirements for accepted development and benchmarks for
assessable development;
5. Changes to the assessment tables in response to new terminology.
The key changes to terminology between SPA and the Planning Act are outlined below.
SPA terminology Planning Act terminology
Exempt Accepted development
Self-assessable Accepted development subject to requirements
Code assessable Code assessment
Impact assessable Impact assessment
Assessment criteria Assessment benchmarks for assessable development; or
Requirements for accepted development
Levels of assessment Categories of development and assessment
It is also proposed to make minor amendments to correct anomalies in the Noosa Plan and
improve the robustness of locality, overlay and development codes. Specifically, the content of
text boxes in The Noosa Plan (currently regarded as extrinsic material) have been translated as
desired environmental outcomes in Part 3 and overall outcomes in the locality and overlay codes
in Parts 4-13 of The Noosa Plan 2006.
Process
The process for making an alignment amendment under the Minister’s rules requires Council to
resolve to prepare and commence the alignment amendments and notify the public of the
amendments on its commencement.
The process for making an alignment amendment is outlined below:
1. Council decides to make an alignment amendment to a local planning instrument under the
Minister’s rules;
2. Council prepares the alignment amendment;
3. Council decides to commence the alignment amendment on the date the Act commences;
4. Council places a public notice about the alignment amendment in the government gazette,
local newspaper and council website;
5. Council gives the Chief Executive Officer of the Department of Infrastructure, Local
Government and Planning a copy of the alignment amendments.
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The Planning Act will come into effect on 3 July 2017 at which time the alignment amendments to
The Noosa Plan 2006 will take effect.
Note that due to the administrative nature of the changes there is no requirement for community
engagement or prior assessment by the State government.
Previous Council Consideration
Council has been briefed on the Planning Act since its drafting in 2016.
Finance & Risk
Nil
Consultation
External Consultation - Community & Stakeholder
Officers from the Department of Infrastructure, Local Government and Planning were consulted
in relation to the proposed alignment amendments, including the additional amendments as
outlined above.
Internal Consultation
The Development Assessment section was consulted with regard to the proposed alignment
amendments.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources X Planning & Environment
Sustainability X Strategic Land Use Planning
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