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Planning report
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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proposal report
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.
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transmitted in any form without the written permission of Martoo Consulting Pty Ltd.
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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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