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proposal report
development application


Development Application for Other Change to Educational Establishment
        over Lot 6 on RP848414 and located at 35 Rules Road, Pomona.




                                           Prepared For: Viapssana Centre Qld
                                                           Prepared: July 2020
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Prepared by:
Martoo Consulting Pty Ltd

13/6 Bottlebrush Ave, Noosa Heads Q 4567 PO Box 1684, Noosa Heads Q 4567
T +61 7 5447 2550
38 Nash Street, Gympie Q 4570 PO Box 391, Gympie Q 4570
T +61 7 5482 7440


© Martoo Consulting Pty Ltd 2018

The information contained in this document produced by Martoo Consulting Pty Ltd is solely for the use of the Client identified on the
cover sheet for the purpose for which it has been prepared and Martoo Consulting Pty Ltd undertakes no duty to, or accepts any
responsibility to, any third party who may rely upon this document.

All rights reserved. No section or element of this document may be removed from this document, reproduced, electronically stored or
transmitted      in    any     form     without      the    written   permission     of   Martoo      Consulting      Pty      Ltd.




        martoo consulting
        town planners + urban designers + development managers                                                            page 2 of 18

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Contents
1.0      Summary ......................................................................................................................... 4
  1.1       Development application details ............................................................................................. 4
  1.2       Planning instrument details ..................................................................................................... 4
  1.3       Referral agencies ..................................................................................................................... 5
2.0      Site details ....................................................................................................................... 6
  2.1       Site description ....................................................................................................................... 6
  2.2       Surrounding land uses ............................................................................................................. 7
3.0      Background...................................................................................................................... 9
4.0      Proposed development details ....................................................................................... 10
5.0      Planning Assessment...................................................................................................... 12
  5.1       State Interests ....................................................................................................................... 12
  5.2       Noosa Plan ........................................................................................................................... 12
  5.3       Draft Noosa Plan .................................................................................................................. 16
  5.4       State Referral ....................................................................................................................... 16
6.0      Conclusion .................................................................................................................... 17
7.0      Attachments ................................................................................................................. 18

        Attachment A – Original Approval and Master Plan
        Attachment B – Minor Change Decision Notice
        Attachment C – Prelodgment meeting notes
        Attachment D – Vipassana Brief
        Attachment E – Proposal Plans
        Attachment F – Mary River Catchment Locality Code
        Attachment G – Fauna and Flora Assessment Report
        Attachment H – Bushfire Management Plan
        Attachment I – Community Uses Code
        Attachment J – Sewage Treatment Assessment
        Attachment K – Biodiversity Overlay Code
        Attachment L – Flood Risk Management Plan




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1.0 Summary
1.1     Development application details

Proposed development                                 Extension   to    Educational     Establishment    (new
                                                     accommodation ( 75 persons), new hall and new meditation
                                                     hall
Type of approval sought:                             Other Change – Extension to Educational Establishment
Site address:                                        35 Rules Road, Pomona
Real property description:                           Lot 3 on RP814545
Site area:                                           19981.5m2
Assessment manager:                                  Noosa Council
Owner details:                                       Vipassana Centre Qld Ltd
Applicant details:                                   Vipassana Centre Qld Ltd


1.2     Planning Instrument Details

State planning policy:                                 Water Resources
                                                       Native Vegetation Area
                                                       Fish Habitat Area - waterways
                                                       Koala Priority Area and Koala Habitat Area
                                                       Natural Hazards - Bushfire
Regional plan:                                         SEQ Regional Plan 2017
Designation:                                           Regional Landscape and Rural Production Area
Planning scheme:                                       Noosa Plan 2006
Zone:                                                  Rural
Local plan:                                            Mary River Catchment
Level of assessment:                                   Impact assessment
Applicable overlays:                                   Biodiversity – Environmental Protection,     Environmental
                                                       Enhancement & Riparian buffer
                                                       Natural Hazards – Flood Hazard, Bushfire
                                                       Koala Habitat Area
Applicable codes:                                      Mary River Catchment Locality Code
                                                       Community Uses Code
                                                       Landscaping Code
                                                       Engineering Works Code
                                                       Biodiversity Overlay Code
                                                       Natural Hazard Overlay Code




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1.3     Referral
Referral requirement                                           Referral agency and role
State Transport Infrastructure                                 Department of Transport and Main Roads via
                                                               State Assessment and Referral Agency (SARA)


Koala Priority Area and Koala Habitat Area                     No referral required - Local Government to
                                                               assess – Clearing of trees within exempt area
                                                               (bushfire)

Mapped Vegetation                                              No referral required as buildings and clearing
                                                               within exempt area (bushfire)




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2.0 Site details

2.1 Site description
The subject site comprises an irregular shaped parcel of land located on the southern outskirts of
Pomona at the end of Rules Road. The site contains currently contains the Dhamma Rasmi
Vipassana Centre which is a non profit charity that runs courses teaching Vipassana meditation to
students. The Centre is located within a landscaped setting in the centre of the site with the
balance vegetated with remnant native forest. The centre currently includes the following facilities:

         Administration building/ reception and mini hall
         Kitchen, dining halls and meditation area
         Male and female amenities buildings
         Meditation hall
         Annex for Meditation (individual rooms)
         Accommodation in the form of timber clad units and masonry units catering for up to 52
          persons
         Carparking

The sites location is detailed in Figure 1 below.




Figure 1 – Site Location                                                   Source: Noosa Council mapping




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Table 1: Site description
Site                              Description
characteristic

Existing land use                 Vipassana Centre – Educational Establishment for teaching meditation.
                                  Accommodation and kitchen and dining provided on site as part of centre
                                  Meditation centre which includes a central kitchen and dining building, male
Existing structures
                                  and female accommodation buildings, communal meditation hall, single
                                  meditation hall, carparking
Frontage                and Rules Road frontage: 38m
access

Topography              and The site slopes down from the western boundary to a unnamed stream that
views                       traverses the western third of the site, then rises up to an elevated area that
                            contains the existing centre before sloping downwards to the eastern
                            boundary and another unnamed stream.
                                  The site has distant views to Mt Cooroora.

Existing vegetation               Mature vegetation located across the site. Area around Centre has been
                                  cleared and landscaped.

Existing waterways                Two unnamed streams run through the western and eastern portions of the
                                  site.




Figure 2 – Satellite view of Site                                                    Source: Noosa Council mapping


2.2 Surrounding land uses
The site is located to the south of the Pomona township in an area characterised by a mix of larger
rural lots and rural residential lots. A landscape supplies business called Grow Landscape Yard is
located approximately 200 metres to the west of the site along Pomona Connection Road.




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Table 2: Surrounding land uses
Surrounding land uses

North           Rural properties

South           Rural Residential properties

East            Dwelling and cabins

West            Rural property




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3.0 Background
The site was approved by Council for an educational establishment in 1993 under TPC2252 with
the approval permitting a dining hall, meditation hall and on-site accommodation in the centre of
the site. An approval to extend the centre was issued by Noosa Council in 2005 with this approval
including new extended dining facilities, office/reception, meditation rooms and new
accommodation for up to 52 persons. Attachment A provides a copy of the conditions of approval
and the Master Plan for the site approved under the 2005 approval.

The applicant has been operating from the site since the mid 1990’s with construction of the
buildings being undertaken on a staged basis as funding became available. In March 2018
Council approved a request for revised plans of the Individual Meditation Hall building to be
accepted as Generally in Accordance (GIA). Further to this GIA approval, an application to further
extend the Individual Meditation Hall building was lodged and approved by Council in February
2020. A copy of this approval is included in Attachment B.

In March 2017, representatives of the Centre met with Council officers to discuss a proposal to
extend the facility to cater for an additional 65 persons. Council staff raised a number of matters
that needed consideration including:

        Conflicts between protecting vegetation and requirements to ensure safety from the risk of
         bushfire noting that the site is subject to flooding.

        Effluent disposal upgrades may conflict with vegetation protection.

        Council does not have a preferred density for the site.

        Suggested reports to accompany the application:

                                Flora and fauna
                                Traffic report
                                Bushfire
                                Flood
                                Water Quality

A copy of the pre-lodgement notes is included in Attachment C.




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4.0 Proposed development details
The Vipassana Centre Queensland is a non-profit charity that teaches the technique of Vipassana
mediation to achieve peace of mind. The Centre currently offers 22 x 10 day courses, 1 x 20 day or
30 day courses and 5 to 6 x1 day to 3 day courses over the year. Each year approximately 1730
students attend the courses with approximately 5000 requests for courses processed. Due to
increasing demand, the Centre now seeks to increase the number of students it can accommodate
and seeks to change the existing approval on the site and extend the Educational Establishment
as follows:

      New male student accommodation – 28 persons
      New female student accommodation – 25 persons
      New servers accommodation building – 20 persons
      New teachers accommodation building – 2 persons
      Extension to meditation hall. Squaring of existing octagonal building with minor extension to
        floor area.
      Extension to single meditation hall. New internal ring of meditation rooms within existing
        structure
      New Mini Hall - meditation hall to cater for bilingual courses
      Office upgrade and small meditation hall for local old students (off compound meditation
        hall)
      Additional carparking
      Additional water tanks

The changes to the approval will result in a maximum population of 129 persons for the site as
detailed in the table below.


Accommodation Type                                          Existing Development   Proposed Change      Total

Male student accommodation                                  25                     28                   53
Female student accommodation                                27                     25                   52
Servers accommodation                                       nil                    20                   20
Teachers accommodation                                       2                      2                    4

Total                                                       54                     75                   129

Attachment D provides an explanation of the centre prepared by the applicant.

The proposed new works have been designed to complement the style of the existing centre and
have been located in and adjacent to existing buildings on site to minimise impacts on surrounding
vegetation. The new accommodation buildings are single storied with an austere design that
reinforces the meditation teachings with the extensions to the meditation halls reflecting the
existing design on site.

The centre is very quiet with limited noise generated by classes and meditation.

Attachment E provides proposal plans of the changes sought with table 3 below outlining a
summary of the development.




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Table 3: Summary of development aspects
Material change of use


Building height                                           Accommodation : 1 storey and 3.6 m to 4.2m
                                                          Meditation hall: 1 storey and 7.93m
                                                          Mini Meditation hall : 1 storey and 6.5m
                                                          Single Meditation hall: 2 storey and no change to height
                                                          Off compound meditation building:: 1 storey and 4.2m

Gross floor area (GFA)                                    Existing: 2884m2
                                                          Proposed: 1867m2

Car parking                                               49 Existing car parking spaces
                                                          13 New car parking spaces

Site access                                               Existing access from Rules Road to be utilised.




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5.0 Assessment
The applicant seeks approval to change the existing approval 132004.5633.02 to permit the
extensions to the centre. The proposed changes are considered an Other Change under the
Planning Act 2016 and are to be assessed in accordance with Section 82, which states:

       2) For administering the change application, and assessing and deciding the change
       application in the context of the development approval, the relevant provisions apply—
       (a) as if—
         (i) the responsible entity were the assessment manager; and
         (ii) the change application were the original development application, with the changes
             included, but was made when the change application was made; and
       (b) with necessary changes.

Under the Planning Act 2016 the application is to be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:

        State Planning Policy
        South East Queensland Regional Plan
        Planning Regulation 2017
        The Noosa Plan

5.1      State interests
State Planning Policy

The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.

South East Queensland Regional Plan

The site is located in the Regional Landscape and Rural Production Area of the South East
Queensland Regional Plan and is consistent with the provisions of the Plan.

Planning Regulation 2017

In accordance with the Regulation, Education Establishments are defined as a community activity
and as the proposal does not result in a gross floor area of more than 5000m2, does not involve
commercial or retail activity and does not provide accommodation for more than 300 persons, the
application does not require referral to the State.


5.2      Noosa Plan
The Noosa Plan includes the site in the Mary River Catchment Locality and provides it with a Rural
zone. In accordance with definitions of the Noosa Plan, the proposed use would be defined as
Education - Type 3 Adult. The Noosa Plan defines Education - Type 3 Adult as:

Education means any use conducted predominantly for the purpose of education, instruction,
information sharing and learning. The term includes the following types:

       Type 3 Adult: The use of premises for adult education or vocational training whether
       operated for profit or not. The use includes a TAFE, university, language school, hospitality
       training or dining uses. The use includes a public swimming pool, sportsground and a tennis
       court


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The assessment table for the Rural zone indicates that Education - Type 3 Adult is now an
inconsistent impact assessable use and is to be assessed against the entire planning scheme. A
review of the Noosa Plan indicates that the following codes are the most relevant:

        Mary River Catchment Locality Code;
        Community Uses Code;
        Landscaping Code;
        Engineering Works Codes;
        Biodiversity Overlay Code;
        Natural Hazards Overlay Code.


5.2.1 Mary River Catchment Locality Code
The proposal has been reviewed against the provisions of the Mary River Catchment Locality Code
and is considered to comply with the outcomes of the Code as detailed in Attachment F. The
proposal is considered to comply with the overall outcomes of the Mary River Catchment Locality
including:

       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 impacts to native habitat including fragmentation, attrition, or removal
          of vegetation or significant habitat features;

       The extensions to the Vipassana Centre are compatible with the exiting built form on site and
       provides additional facilities for the use. The extensions have been designed to maintain the
       existing vegetation and environmental values on the site by clustering the new development
       in cleared areas and around existing buildings. The centre provides meditation classes that
       are quiet and run over extended periods that minimise both pedestrian and vehicular
       movements to the site.

       h) The rural heritage and character, lifestyle, privacy, open space, vistas and level of
       accessibility enjoyed by residents of the locality is maintained;

       The Vipassana Centre is located to the centre of the site and is not visible from surrounding
       properties or public areas. Existing vegetation is maintained around the centre and screens
       the site from adjoining properties as illustrated by the photograph below.




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     k) The scale and form of buildings and other structures are—
         i. designed to be responsive to the rural character and amenity of the locality;
         ii. designed to retain strong historical connections through the use of sensitive and
        traditional building forms; and
         iii. integrated into the landform and landscape;

     The proposed extensions continue the existing built form on the site and are clustered
     around existing buildings and cleared areas. The new buildings are generally small scale
     and located to minimize impacts on the surrounding environment.

     l) Residential development, for both residents and visitors consists of;
         i. low impact buildings of a domestic scale within densely landscaped settings; and
         ii. buildings that are well articulated and use traditional design elements consistent with
         the Queensland vernacular building style of the locality;

     Proposed extensions include small accommodation buildings scattered around the existing
     buildings with larger buildings having a floor area of around 110m2 which is smaller than
     traditional dwelling houses. The proposed extension maintains the bulk of the site in a
     landscape setting.

     q) Sustainable, well-designed and locally appropriate visitor accommodation and other
        tourism development are compatible with, promote and enhance landscape character,
        natural environment values and rural values;

     The proposed extensions to the Vipassana Centre have been designed to respect the natural
     environmental values of the site and provide a place where Vipassana meditation can be
     taught. The secluded nature of the site enables the Centre to offer courses that are free of
     distractions and respect the surrounding landscape.


5.2.2 Community Uses Code

The proposal has been reviewed against the provisions of the Community Uses Code and is
considered to comply with the outcomes refer Appendix I.


5.2.3 Landscaping Code

The proposal has been reviewed against the provisions of the Landscaping Code and is
considered to comply with the outcomes. Existing vegetation across the site will be retained where
possible and amenity landscaping provided around the proposed buildings.


5.2.4 Engineering Codes

The Driveways and Carparking Code details the following car parking requirements for Education
Type 3:

              Type 3 Adult                 1 space per employee; AND
                                           1 space per 10 students of driving age, plus a paved setdown
                                           area for buses




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The Planning scheme requires a total of 34 spaces based on:

         105 students – 10.5 carparking spaces
         24 employees – 24 carparking spaces

The applicant proposes to provide 62 designated carparking spaces on site with overflow areas
available if required. The applicant advises that many students catch the train to Pomona or fly to
the Sunshine Coast Airport and catch a bus/transfer to the centre due to the courses occurring
over extended periods. The applicant further advises that many of the ‘servers’/volunteers live
locally and often walk or ride to the centre. The proposed carparking will more than adequately
meet the demands of the students and volunteers.

A Sewage Treatment Assessment has been prepared for the site and is included in Attachment J.


5.2.5 Biodiversity Overlay

The Biodiversity Overlay maps the site with a Riparian Buffer Area, Environmental Enhancement
Areas and Environmental Protection Areas.




Figure 3: Noosa Plan – Biodiversity Overlay                               Source: Noosa Council Mapping



The applicant engaged Native Foresters to undertake a fauna and flora assessment of the site a
copy of which is included in Attachment G. The report illustrates the construction zones, trees to
be removed as well as an offset planting area on site. A review of the proposal against the
Biodiversity Overlay is included in Attachment K.




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Following review of the environmental and bushfire reports, the proposal plans were altered to
relocate several of the Male Accommodation buildings on site. These buildings have been
relocated to other areas which results in the area required for clearing being limited to the exempt
clearing works associated with bushfire management of existing buildings. The submitted reports
are currently being updated to reflect these changes.



5.2.6 Natural Hazards and Natural Resources Overlay

The site has two mapped waterways that extend across the site and are included in the Flood
Hazard overlay. No development is located in these mapped areas and the applicant has prepared
a Flood Risk Management Plan for the site. The applicant notes that the site is well equipped to
cater for flood events with all accommodation and amenities above the flood line.

The site is also mapped as being affected by Bushfire. A Bushfire Management Plan prepared by
Wollemi Eco-Logical is included in Attachment H.

Following review of the environmental and bushfire reports, the proposal plans were altered to
relocate several of the Male Accommodation buildings on site. These buildings have been
relocated to other areas which results in the area required for clearing being limited to the exempt
clearing works associated with bushfire management of existing buildings. The submitted reports
are currently being updated to reflect these changes.



5.3     New Noosa Plan
The New Noosa Plan includes the site in the Rural zone with Biodiversity and Bushfire Overlay
Mapping. The New Noosa Plan details that Educational Establishments of this size are impact
assessable uses in the Rural zone. It is noted that the new Plan recognises that small Educational
Establishments are appropriate in the Rural zone by detailing the use as Code Assessable where
they comply with the following criteria:

           a)    located on a site with an area of at least 4 hectares;
           b)    an outdoor education centre or training centre
           c)    providing instruction in primary industries or in food and fibre production; and
           d)    involving not more than 20 students on the site at one time

As the proposal does not meet these requirements it would be detailed as being an Impact
Assessable Use.

5.4. State Referral
The proposal does not require referral to the Department of Transport and Main Roads as it does
not exceed the Planning Regulations Schedule 20 threshold of an additional 100 persons.\

The site is mapped within a Koala Priority Area and Koala Habitat Area. No referral is required as
the areas of clearing are exempt development under the Planning Regulation due to bushfire
requirements for the protection of existing buildings and structure.

No referrals are required for clearing of mapped vegetation as the works area exempt clearing due
to bushfire requirements for the protection of existing buildings and structure.




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6.0 Conclusion
The proposal seeks approval to extend the existing Vippasana meditation centre on site though the
provision of additional accommodation and meditation facilities. The proposed buildings are low
key and have been designed with respect to the existing vegetation and rural character of the area
taking advantage of views to Mt Cooroora. The centre is uniquely located and takes advantage of
the quiet rural setting, is not visible to the surrounding area and has good access to the
surrounding transport network.

The proposed extensions are considered to meet the Outcomes and Probable Solutions of the
Noosa Plan and the Other Change application is recommended to be considered favourably by
Council.




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7.0      Appendices


Attachment A – Original Approval and Master Plan
Attachment B – Minor Change Decision Notice
Attachment C – Prelodgment meeting notes
Attachment D – Vipassana Brief
Attachment E – Proposal Plans
Attachment F – Mary River Catchment Locality Code
Attachment G – Fauna and Flora Assessment Report
Attachment H – Bushfire Management Plan
Attachment I – Community Uses Code
Attachment J – Sewage Treatment Assessment
Attachment K – Biodiversity Overlay Code
Attachment L – Flood Risk Management Plan




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