TOWN PLANNING REPORT. Sunshine Coast Suite 1, Corner Surf Road & Gardak St Alexandra Headland Qld 4572

Transcription

1 kha D E V E L O P M E N T M A N A G E R S TOWN PLANNING REPORT PLANNING SURVEYING PROJECT MANAGEMENT COURT APPEALS Sunshine Coast Suite 1, Corner Surf Road & Gardak St Alexandra Headland Qld 4572 PO Box 6380, Maroochydore BC Qld 4558 p f w

2 TABLE OF CONTENTS 1.0 Executive Summary Introduction Site Description Subject Site Surrounding Land Uses Proposal Supporting Documentation Proposal Plans Architectural Design Report and Statement of Landscape Intent Economic Impact and Need Assessment Report Traffic and Transport Assessment Report Noise Impact Assessment Report Stormwater Management Plan Civil Infrastructure Report Planning Assessment South East Queensland Regional Plan The Noosa Plan Land Use Definition Level of Assessment Applicable Overlays Desired Environmental Outcomes Overall Outcomes for the Noosaville Locality Applicable Codes Town Planning Grounds Conclusion ATTACHMENTS Attachment 1 Noosa Plan Code Assessment prepared by KHA Development Managers Attachment 2 Architectural Plans prepared Donovan Hill Attachment 3 Architectural Design Report and Statement of Landscape Intent Attachment 4 Economic Impact and Need Assessment Report prepared by Foresight Partners Attachment 5 Traffic and Transport Assessment Report prepared by Halcrow Attachment 6 Noise Impact Assessment Report prepared by TTM Consulting Attachment 7 Stormwater Management Plan prepared by JF&P Engineering Attachment 8 Civil Infrastructure Report prepared by JF&P Engineering DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 1

3 1.0 EXECUTIVE SUMMARY SITE DETAILS Address Property Description 37 Gibson Road, Noosaville Lot 1 on RP Area 3,860m 2 Local Authority Current Use Registered Owners Sunshine Coast Regional Council Nursery Delia McAulay, Gary A McAulay, Janet F Rough, Donna M Trask, Gail M McAulay SOUTH EAST QUEENSL REGIONAL PLAN Land Use Designation Urban Footprint PLANNING SCHEME DESIGNATIONS Planning Scheme The Noosa Plan 2006 Locality Zone Overlays Noosaville Attached Housing Flood Hazard Area High Potential Acid Sulfate Area APPLICATION DETAILS Applicant Proposal Application Type Level of Assessment Marquette Bowen Pty Ltd C/- KHA Development Managers Convenience Centre Retail business Type 2 Shop & salon; Entertainment and dining business Type 1 Food & beverages; and Commercial business Type 1 Office Development Permit for Material Change of Use Impact Assessable Applicable Codes Noosaville Locality Code Business Uses Code Landscaping Code Engineering Works Codes Driveways and Carparking Code Transport, Roads and Drainage Code Erosion and Sediment Control Code Existing Services Code Earthworks Code Waste Management Code Referral Agencies Nil DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 2

4 2.0 INTRODUCTION This Town Planning report has been prepared by KHA Development Managers to accompany a Development Application made by Marquette Bowen Pty Ltd. The subject site is within the boundaries of the Sunshine Coast Regional Council and is assessable against the Noosa Plan. The application seeks a Material Change of Use for a Convenience Centre comprising Retail business Type 2 Shop & salon; Entertainment and dining business Type 1 Food & beverages; and Commercial business Type 1 Office on land situated at 37 Gibson Road, Noosaville, described as Lot 1 on RP The property is situated within the Noosaville Locality (Zone Map ZM8), and is zoned as Attached Housing under The Noosa Plan. The proposed development is subject to Impact Assessment. The purpose of this report is to describe the characteristics of the subject site and surrounding land uses, detail the proposed development, and address all relevant town planning issues in respect to the proposal. The application includes an assessment of the South East Queensland Regional Plan and The Noosa Plan. This report should be read in conjunction with: KHA covering letter; IDAS Development Application forms; Proposal Plans prepared by Donovan Hill; KHA Code assessment; Architectural Design Report prepared by Donovan Hill; Statement of Landscape Intent prepared by Cardno Splat; Economic Impact and Needs Assessment Report prepared by Foresight Partners; Traffic and Transport Assessment prepared by Halcrow; Noise Impact Assessment prepared by TTM Acoustics; Stormwater Management Plan prepared by JF&P Engineering; and Civil Infrastructure Report prepared by JF&P Engineering. DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 3

5 3.0 SITE DESCRIPTION 3.1 SUBJECT SITE The subject site is situated at 37 Gibson Road, Noosaville and described as Lot 1 on RP The site has frontage to Gibson Road and Skipper Place and comprises an area of 3,860m 2. The current use of the site is a nursery, with a carparking area at the Gibson Road frontage and buildings to the rear of the site (built to the boundary) with adjoining residential uses. The nursery use area occupies about two-thirds of the site with about 500m 2 building area. The site is flat with a slight grade from the southern to northern boundary. The site is within an established urban area with available connection to existing physical infrastructure networks including telecommunications, water, sewer and electricity. The location and context of the subject site in Noosaville is illustrated in Figures 1-4. Figure 1 - Subject site (in red) ( DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 4

6 3.2 SURROUNDING L USES The subject site is currently used and has historically been used, for commercial purposes. The site s primary frontage to Gibson Road is part of the major road network for Noosa. The site adjoins the business and tourist centre core of Noosaville. The character along Gibson Road fronting the site and to the north-east is commercial in nature. Opposite the site to the north, along Thomas Street are office/medical uses which progress into the more tourist oriented retail and food uses toward the Noosa River. Diagonally opposite the site to the north-east is the Noosa Homemaker Centre, which adjoins the Villa Noosa Hotel and Noosa Village Shopping Centre. Adjoining the site to the south and west are medium density residential uses, with low density residential on the opposite side of Skipper Place to the east and south-east. The commercial uses in the adjacent Business Centre precinct are considered higher-order commercial and service a wide catchment. It is noted that the proposed commercial use is intended for a local scale. SUBJECT SITE Figure 2 - Subject site s location within Noosaville locality ( DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 5

7 SUBJECT SITE Figure 3 Aerial view of subject site s location within the locality ( RETAIL MEDIUM DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL OFFICES SHOWROOMS/ HOMEMAKER CENTRE OFFICE/MEDICAL SHOPPING CENTRE HOTEL SUBJECT SITE MEDIUM DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL SHOWROOMS LOW/MEDIUM DENSITY RESIDENTIAL Figure 4 Land use map of immediate locality ( DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 6

8 Photograph 1 current entrance to the nursery from Gibson Road Photograph 2 subject site viewed from Gibson Road roundabout Photograph 3 existing bikeways and footpaths at Gibson Road roundabout adjacent to site Photograph 4 existing pedestrian crossover at Skipper Place Photograph 5 commercial development diagonally opposite Gibson Road roundabout Photograph 6 existing pedestrian crossing on Gibson Road DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 7

9 4.0 PROPOSAL The proposal is for a Convenience Centre in accordance with the Proposal Plans prepared by Donovan Hill, included in Attachment 1. The application seeks a Development Permit for Material Change of Use to for Retail Business Type 2 Shop and Salon; Entertainment and Dining Business Type 1 Food and Beverages; and Commercial Business Type 1 Office. The development will establish a Convenience Centre with a mix of commercial uses including a variety of food outlets, cafes, bakery, delicatessen, general store and a bank. A total of eight (8) tenancies are proposed, ranging in area from 73m² to 165m², with a total use area of 1,013m 2. Indicative tenancy use is tenancy 1 and deck cafe, tenancy 2 bakery, tenancy 3 general store, tenancy 4 bank, tenancies 5 to 7 food outlets, and tenancy 8 and deck food outlet, although it is intended that the use mix be flexible and not specific to any particular tenancy. For the purposes of application fee determination the proposed uses have been allocated as: Retail Business Type 2 Shop and Tenancies 1-3 & m 2 Salon Entertainment and Dining Business Tenancies 1 & 8 Decks 98m 2 Type 1 Food and Beverages Commercial Business Type 1 Office Tenancy 4 111m 2 The convenience centre will operate 7 days a week. While it is proposed to allow the general store the option to operate 24 hours per day, the other shops and food outlets will not open outside the hours of 6am to 10pm. Background The purpose of the application is to replace the existing commercial use (Nursery) and establish a convenience centre that will service the local community. This proposal is in response to an identified deficiency in convenience retail facilities in Noosaville and the need for local facilities that have extended hours of operation to serve the local resident and visitor population and provide a greater choice of shops and food services. It is anticipated that the development will ultimately create somewhere in the vicinity of permanent jobs and numerous additional temporary jobs (construction, and ongoing maintenance, body corporate etc). Site Layout and Built Form The design intent is detailed in the Architectural Design Report prepared by Donovan Hill Architects, included in Attachment 3. In summary, a single storey commercial development is proposed that includes eight (8) tenancies, carparking and associated facilities. The building is sited to the rear of the property to buffer the adjoining residential and create a legible built form and carparking area easily visible and accessible from the street frontage, set amount existing and proposed landscape. The building is sited to maintain a presence to the street front with the majority of the building setback so as to not dominate the street edge. The layout provides the optimal buffering to the adjoining residential uses; a clearly visible, accessible and user friendly centre for customers; and optimal causal surveillance opportunities to the street frontages. DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 8

10 A distinctive, architecturally designed built form is proposed which includes a highly articulated and pitched roof form that relates to surrounding residential building forms with a materials and colour selection that will associate with domestic architecture of the locality. The building materials will include precast concrete with infill fibrous cement panels, painted fibrous cement facades and bulkheads, glazed shopfronts with coloured frames, and colourbond metal deck roofing. Movement Networks Vehicular the existing nursery achieves a dual access from both Gibson Road and Skipper Place. (although the Skipper Place driveway is not open to the public). This dual frontage access arrangement will be largely maintained, although the Gibson Road entrance will be moved slightly west and reinstated as a Left-in Left-out only arrangement. Internal manoeuvring and carparking arrangements will be designed to be compliant to relevant Australian standards. Cycle the development makes an active commitment to encourage cycling trips which includes three separate bicycle parking facilities, lockers and showers. Pedestrian A full width pathway exists to Gibson Road. Internally, a covered awning facilitates pedestrian movement along all shop frontages and dedicated pedestrian entrances to the site are provided to both street frontages. Carparking A total of sixty-seven (67) car parks are provided, which includes two disabled spaces and two van spaces. A dedicated set down for an MRV is also provided to facilitate servicing and deliveries. The carparking area is screened with landscaping and includes alternated coloured graphics to provide visual relief to the hardstand area. Carparking and access is addressed in detail in the Traffic and Transport Assessment Report prepared by Halcrow include in Attachment 5. Landscaping A total of 917m² or 23.7% of the site will comprise landscaped area, with 380m 2 (9.8%) as soft landscaping, 147m 2 (3.8%) as landscaped bio-retention/rain garden area and 390m 2 (10.1%) as hardscape. Landscaping is proposed to all site boundaries. Further details of landscaped is provided in the Statement of Landscape Intent prepared by Cardno Splat included in Attachment 3, together with landscaping layouts and cross sections shown on the Proposal Plans in Attachment 2. Stormwater Stormwater will be collected and treated on-site and discharged into a legal point of discharge. The stormwater treatment system will include underground rainwater water holding tanks, bio-retention trenches and raingardens. A detailed Stormwater Management Plan prepared by JF&P Engineering is included in Attachment 7. Waste Waste will be stored in a dedicated refuse room and a genuine commitment has been made to recycling, with provisions for paper, other recyclables, general waste and a cool room for organic waste. This enclosed waste storage room will ensure environmental, visual and noise impacts do not result. There is a dedicated bin wash area adjacent to the refuse room. Waste will be collected on-site and will be arranged by the on-site manager so bins are only removed from the waste storage area immediately before collection; and returned immediately after. DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 9

11 A summary of development statistics is as follows: Specification Noosa Plan 2000 Proposed Site Area N/A 3,860m² Site cover Max. 40% 1415m 2 (36.6%) Gross Floor Area (GFA) Max. 40% 1,087m² (28.1%) Carparking 67 spaces 67 spaces (including 2x disabled and 2x van spaces). 1x temporary MRV space Landscaping Min. 10% 917m² (23.7%) Building height Max. 2 storeys/8m 1 storey/ 8m DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 10

12 5.0 SUPPORTING DOCUMENTATION 5.1 PROPOSAL PLANS Proposal Plans have been prepared by Donavan Hill and included in Attachment 2. The Proposal Plans include a site plan, floor plan, roof plan, elevations/sections, 3D perspectives and landscaping cross sections. A calculations plan showing Gross Floor Area (GFA), site cover, use area, landscaping breakdowns and amenities is also included. 5.2 ARCHITECTURAL DESIGN REPORT STATEMENT OF LSCAPE INTENT An Architectural Design Report prepared by Donovan Hill and Statement of Landscape Intent prepared by Cardno Splat is included in Attachment 3. These documents provide an overview of design rationale, response to site characteristics and locale, and building and landscape character outcomes. 5.3 ECONOMIC IMPACT NEED ASSESSMENT REPORT An Economic Impact and Need Assessment Report has been prepared by Foresight Partners and included as Attachment 4. This report considers the existing retail network; market fundamentals; centre performance; impacts and need. The report concludes that there is a community and planning need for the development; that the proposal will create a benefit to the community; that the proposal will ensure the provision of appropriate facilities to meet community needs for basic requirements; and that the convenience centre is not expected to jeopardise the vitality or viability, or threaten the functional roles and levels of service, competitive centres provide to the community. 5.4 TRAFFIC TRANSPORT ASSESSMENT REPORT A Traffic and Transport Assessment Report has been prepared by Halcrow and included in Attachment 5. The report assesses the traffic and transport elements applicable to the development. The report concludes that the internal carparking, access, waste collection and service vehicle arrangement are suitable from a Traffic Engineering perspective. The report also concludes that the proposed development will not create any adverse impact on the surrounding road network. 5.5 NOISE IMPACT ASSESSMENT REPORT An Environmental Noise Impact Assessment has been prepared by TTM Acoustics and is included in Attachment 6. The report makes recommendations for establishing an acoustic barrier along parts of the southern and western boundaries, and management principles such as limiting deliveries and waste collection to specific periods. The report concludes that provided the treatment recommendations and management controls are implemented the development will comply with Council noise assessment criteria. DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 11

13 5.6 STORMWATER MANAGEMENT PLAN A Site Based Stormwater Management Plan has been prepared by JF&P Engineering and is included in Attachment 7. The Report recommends an appropriate management and treatment system for the development and demonstrates that there will be no net increase in peak Stormwater Flows as a result of the development. The arrangement proposed will also significantly reduce the amount of runoff pollutants post-development to Gibson Road and Skipper Place compared with the existing arrangement. 5.7 CIVIL INFRASTRUCTURE REPORT A Civil Infrastructure Report has been prepared by JF&P Engineering and is included in Attachment 8. The report confirms that the site is able to connect to all required infrastructure (including water, sewer, telecommunications, transport networks, waste, electricity etc.). DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 12

14 6.0 PLANNING ASSESSMENT 6.1 SOUTH EAST QUEENSL REGIONAL PLAN (SEQRP) Figure 3: South East Queensland Regional Plan Land Use Designation (Department of Infrastructure and Planning) Comment: The subject site is identified under the South East Queensland Regional Plan as being in the Urban Footprint. Assessment of the applicable provisions of the Regional Plan indicates that the proposed development is an appropriate scale and density for the site. The development provides convenience centre use in response to an identified economic and community need and will ultimately contribute to addressing the Regional Plan s intention for the provision of goods, services and employment throughout South East Queensland. 6.3 THE NOOSA PLAN Under The Noosa Plan, the site is included in the Attached Housing Zone in the Noosaville Locality, as identified in Zone Map ZM8. SUBJECT SITE Figure 4: Extract from the Noosaville Locality (Zone Map ZM8) (The Noosa Plan) DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 13

15 An assessment of the applicable provisions of The Noosa Plan has been undertaken in the following sections of this Town Planning Report L USE DEFINITION The proposal is defined under The Noosa Plan as follows: Retail Business Retail business means the conduct of a business activity, where goods or services are displayed or offered for sale to the public. The term includes the following types: Type 2 - Shop and Salon The use of premises for an activity that is generally found in a shopping complex, strip or centre. The use includes a shop, hairdressing salon, appliance repairs, alterations, dry cleaning and a café with dining facilities for up to 10 people. Entertaining and Dining Business Entertainment and dining business means the conduct of a business activity, where entertainment, amusement, recreation or meals are afforded. The term includes the following types: Type 1 - Food & Beverages The use of premises involving the sale of food and beverages for consumption on the premises. The use class includes a function room or restaurant or café with dining facilities for 10 or more people. Commercial Business Commercial business means the conduct of a business activity, where a service is offered or provided and that service is not more clearly defined by other business or community uses. The term includes the following types: Type 1 - Office The use of premises for a commercial business conducted in an office environment. The use includes a bank, professional office, travel agent, and estate sales office. Comment: the proposed convenience centre will operate under the abovementioned definitions LEVEL OF ASSESSMENT Under the table of assessment for Material Change of Use in the Attached Housing Zone within the Noosaville Locality, development for the purposes of Retail Business Type 2 Shop and Salon; Entertainment and Dining Business Type 1 Food and Beverages; and Commercial Business Type 1 Office is identified as subject to Impact Assessment APPLICABLE OVERLAYS Overlays recognise a wide range of environmental features and values across localities and zone boundaries and need to be given particular consideration in preparing and assessing development proposals. The level of assessment varies depending on the type of overlay, the impact of the use on the overlay and whether the impacts of the proposal on the overlay have been considered as part of a prior application. The subject site is located within a Flood Hazard Area and High Potential Acid Sulfate Soils Area (0-5m AHD) as detailed below: DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 14

16 Overlays Flood Hazard Area Comment The site is affected in part by the Flood Hazard Area Overlay. The proposal represents infill brownfield development and is surrounded by existing, established sites also affected by the overlay. It is anticipated that any minimum floor levels will be conditioned by Council to ensure adequate flood immunity is achieved. Acid Sulfate Area The site is affected by the Acid Sulfate Area Overlay. No significant excavation or filling is required or proposed, and this overlay will not affect the development. Standard conditions relating to acid sulphate soils can be imposed DESIRED ENVIRONMENTAL OUTCOMES Section 3.1 of the Planning Scheme outlines desired environmental outcomes to be achieved by development of land within Noosa. Specifically the commercial and retail outcomes are: COMMERCIAL & RETAIL USES A hierarchy of centres with a range of Commercial and Retail business uses provide suitable levels of amenity, service and access to the community, consistent with the community s location and needs and is based on i. a proportion of Noosa s higher order needs fulfilled by centres in other areas, particularly the key regional centre of Maroochydore; ii. the Shire Business Centre, a Major Activity Centre for the purposes of the SEQ Regional Plan and the highest order centre within the former Noosa Shire, developed in stages consistent with the needs of the population of the former Noosa Shire and areas to the immediate south; iii. protecting the long term viability of the Shire Business Centre as the principle business, retail and administrative centre; iv. recognising that it may be necessary to increase floor space in existing centres to meet changing needs, provided any increased floor space does not impact on the successful operation and development of the Shire Business Centre; v. business centres at Cooroy, Noosa Junction, Noosaville and Tewantin; vi. neighbourhood or visitor centres at Peregian Beach, Sunrise Beach, Sunshine Beach, Noosa Heads, Noosaville, Tewantin, Cooroibah and Teewah; DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 15

17 vii. the town of Pomona and the village centres of Kin Kin, Boreen Point and Cooran; viii. Uses that comprise a large component of Commercial and Retail business uses or other non-industrial uses are not located on land that is otherwise intended for Industrial business uses; ix. Home-based business uses that contribute to the economy of Noosa, but do not reduce surrounding residential amenity or environmental values; and x. energy efficiency and water conservation principles. Comment: The Desired Environmental Outcomes (DEO s) nominated for Commercial and Retail Uses broadly nominate the importance of protecting the continued function of the existing established centres in the former Noosa Shire area. The proposal represents the redevelopment of an existing commercial site on the periphery of an established commercial centre. This established centre generally supports higher level uses that appeal to the wider Noosa catchment, while the proposed commercial tenancies support local scale uses to be accessible predominantly to the immediate locality. A lot of these small scale uses will compliment the existing and continued function of the Business Centre as a higher order commercial provider. The Economic Impact and Need Assessment prepared by Foresight and included in Attachment 4 concludes that there is a community and planning need for the development; that the proposal will create a benefit to the community; that the proposal will ensure the provision of appropriate facilities to meet community needs for basic requirements; and that the convenience centre is not expected to jeopardise the vitality or viability, or threaten the functional roles and levels of service, competitive centres provide to the community. The proposed development is compliant with the applicable desired environmental outcomes for commercial and retail uses OVERALL OUTCOMES FOR THE NOOSAVILLE LOCALITY An assessment of the proposal against the overall outcomes sought for the Noosaville Locality contained in section is as follows: Outcome 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; b) Noosaville retains its role as a focus for visitor accommodation and services in the Shire; c) Attached accommodation is focussed on the areas closest to the Noosaville Business Centre, in areas with good public transport facilities and in areas with ready Comment the use and associated works are a compatible scale and nature to adjoining uses. An acoustic assessment (refer Attachment 6) makes recommendations to mitigate any edge effects associated with noise. There are no significant habitats on the site. All mature vegetation will be preserved where possible. the proposal supports the ongoing function of Noosaville as a focus for visitor accommodation and services in the (former) Shire Not Applicable the proposal is not for attached accommodation. DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 16

18 access to the recreation features of the locality; d) Urban detached housing is contained to the Detached Housing, Semi-Attached Housing & Attached Housing Zones; e) The resident population is accommodated in both Detached housing and Multiple housing forms with high levels of residential amenity; f) Substantial sites are protected for resort developments where they focus on Noosa s natural low key outdoor appeal and cultural values; g) The mixed urban character of Noosaville is maintained through the retention of older building forms and the introduction of new buildings that complement old building forms by incorporating low rise, low scale, well articulated buildings, lightweight building materials and pitched roof forms that contribute to the skyline; h) Significant retail and commercial uses provide residents and visitors with a range of low to high order goods and services; i) Business centres are significant employment nodes and are serviced by public transport; j) A public open space corridor extends along the foreshores of the Noosa River from Munna Point to Hilton Esplanade; k) Areas of native remnant or regrowth vegetation, including their biodiversity and habitat values are protected and retained in their natural state; l) The environmental and aesthetic values of Noosa National Park, Keyser Island and Weyba Creek Conservation Parks; Noosa River and its foreshore; Lakes Doonella and Weyba; Eenie and Weyba Creeks and their associated riparian communities are of the highest significance and have the highest order of protection; m) Gibson Road, part of Mary Street, Noosa Parade, Reef Street, Weyba Road, Walter Hay Drive, Eenie Creek Road, Beckmans Road and Eumundi-Noosa Road are protected as parts of the Noosa s major road network; n) The function, safety and visual amenity of the Noosa s major road network are protected; o) The Noosa Airport off Weyba Drive, Noosaville is retained and operated as the only commercial airport within Noosa; Not Applicable no urban detached housing is proposed. Not Applicable The site is currently used for commercial purposes and no residential component is proposed as part of the subject application. Not Applicable the location and site area (3,860n²) of the site are not considered to support any type of resort development. The existing buildings on the site are not of any notable architectural character. The built form proposed represents a low rise, well articulated built form that reflects a Coastal architectural vernacular. The proposal fulfills an identified need for lower order services in the immediate locality. Not Applicable the proposed development is not located in a business centre, but is approximately 500m walking distance from public transport regardless. Not Applicable the subject site is not in proximity to the foreshores of the Noosa River. Not Applicable the site does not contain any significant environmental attributes. Not Applicable the subject site represents infill brownfield development and is not in proximity to any environmental parks or creeks. the proposed development will not impact the function of Gibson Road as part of the major toad network. existing access arrangements are largely maintained with some minor locational changes. The function, safety and visual amenity of Gibson Road will not be adversely impacted. Not Applicable the proposed development does not affect the Noosa Airport. Comment: The proposed development form is compliant with the applicable overall outcomes for the Noosaville Locality. DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 17

19 6.3.6 APPLICABLE CODES The proposed development is Impact Assessable and is subject to the following primary codes: Noosaville Locality Code Business Uses Code Landscaping Code Engineering Works Codes Driveways and Carparking Code Transport, Roads and Drainage Code Erosion and Sediment Control Code Existing Services Code Earthworks Code Waste Management Code An assessment of the applicable codes has been undertaken by KHA Development Managers and included in Attachment 1. This code assessment has determined that the proposal generally complies with all probable solutions and specific outcomes. Where probable solutions are not met, an alternative solution demonstrating compliance with the specific outcome is provided, with the exception of specific outcomes O43 and O44 of table of the Noosaville Locality Code, which identify the proposal as an inconsistent use. Sufficient grounds to justify the proposal, despite this conflict are detailed in section 6.4 of the report below. 6.4 TOWN PLANNING GROUNDS In accordance with section 326 (1) (b) of the Sustainable Planning Act the assessment managers decision must not conflict with a relevant instrument unless there are sufficient grounds to justify the decision, despite the conflict. Grounds are defined in schedule 3 of the Act as: grounds, for sections 326(1)(b) and 329(1)(b) 1 Grounds means matters of public interest. 2 Grounds does not include the personal circumstances of an applicant, owner or interested party. As demonstrated by the assessment against the Noosa Plan above, the only conflict with a relevant instrument is specific outcomes O43 and O44 of table of the Noosaville Locality Code. These specific outcomes identify the proposal as an inconsistent use. In this regard the following provides sufficient planning grounds to warrant approval of the application despite the conflict. It has been well established by the Planning and Environment Court that demonstration of need is a sufficient planning ground and a matter of public interest. Need, in planning terms, was described by Skoien DCJ in Harburg Investments Pty Ltd v Brisbane City Council & Anor 1 as: Need does not mean pressing need, critical need, widespread desire or anything of that nature rather, a thing is needed if it its provision taking all things into account would improve the physical 1 [2001] QPELR 313 at 317 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 18

20 well-being of the community and need in planning terms is a relative concept and does not connote pressing urgency but rather relates to the general well-being of the community, a use will be needed if it would, on balance improve the service and facilities included in the locality. Need, in a planning sense is therefore something that improves the convenience and quality of life for the community including greater choice and competition. Accordingly, there is a community need for a proposal if the circumstances are such that the convenience and quality of life for the community can be improved through, for example, improving the level of services in facilities available to that community. We refer to the attached Economic Impact and Need Assessment Report prepared by Foresight Partners. This report considers the existing retail network; market fundamentals; centre performance; impacts and need. This report provides the following findings and conclusions: Our market investigations indicate that the proposed convenience centre can be supported at the subject site at Notwithstanding the planning scheme provisions, the market size and characteristics indicate that there is significant demand for this facility particularly in light of the existing undersupply of convenience retail facilities in the Noosaville area. The need for the proposal is indicated by the following: The local area has a substantial number of residents and visitors: o The resident population within the main trade area is currently estimated at 4,700 persons of whom 3,600 reside in the primary trade area that is within one kilometre from the subject site. o Within the defined catchment, there are a total of 40 visitor accommodation establishments collectively comprising over 1,000 rooms. This area attracts an estimated 123,000 overnight visitors and 442,800 visitor nights annually. o Within a 500 metre radius of the subject site, there are 10 visitor accommodation establishments with a total of 305 rooms. Thus, accommodation units within the immediate vicinity of the subject site generate an estimated 133,200 visitor nights annually. o The trade area market is forecast to continue to grow. Expenditure potential generated by the trade area resident and visitor market is currently estimated at $92.0 million which is forecast to increase to $101.0 million by 2017, an increase of $9.0 million over the seven year period. The local area is undersupplied with convenience retail facilities: o There are no existing or proposed convenience retail centres in Noosaville. o Food and grocery products in Noosaville are only available at (1) a full-line supermarket that caters mainly to major grocery shopping trips and is not open for extended hours, (2) a petrol station convenience store on the eastern fringe of Noosaville, (3) a small specialty store on Gympie Terrace with parking constraints, and (4) the Aldi supermarket on the fringe of the trade area has a limited and distinct product mix.2 o The existing shops and services within the Noosaville Visitor Mixed Use Zone mainly cater to destination dining and relatively high price points. They are not within a walkable distance for many trade area residents and there are parking constraints. o The selection of fast food/take aways around Thomas Street has relatively high price points and restricted trading hours. o The limited selection of such facilities in the local area encourages vehicle travel to access shops and services further afield. o Supermarkets and convenience retailing serve different functions and therefore are commonly located within walking distance of each other. On the Sunshine Coast, examples include: - Mooloolaba Central (Coles) and Mooloolaba Junction (Night Owl); - Noosa Junction (Supa IGA) / Noosa Fair (Coles) and 7-11 (on Noosa Drive); and - Coolum Park (Woolworths) and Coolum Park (Foodworks). DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 19

21 There are no alternative locations available in Noosaville for a convenience centre: o Our assessment has found no suitably zoned sites. o There are no development applications for convenience retail centres in Noosaville. o As per their letters of interest (Appendix B), convenience retailers have been unable to find a suitable location for their business in the area. Development of the proposed convenience retail centre would satisfy a range of consumer needs: increasing the range and availability of convenience retailing including food and beverage services in the local area; expanding the choice of convenience store operators and food and beverage services in the area; increasing the level of convenience in terms of operating hours and car parking; increasing affordably priced food and beverage services; providing access to a wider range of goods and services in a convenient location with high visibility and good vehicular access and parking; reducing the need to travel to convenience centres further afield for the purchase of basic convenience items, including take away food meals; providing the opportunity for local residents and visitors to walk and cycle to the convenience centre generating savings in travel time and costs; enhancing the potential for convenient multi-purpose trips such as to the centre and tavern; enhancing competition in the local area, which could have positive impacts on prices; providing a focus for social and community interaction through the food and beverage facilities; and creating additional employment opportunities both in the short-term during the construction phase as well as in the long-term. Our investigations and market assessment conclude that there is a community and planning need for the development and the proposal will create a benefit to the community. Local residents and visitors would unarguably benefit from a modern convenience retail centre, including a small convenience store and a complementary range of food and beverage services. The proposal will ensure the provision of appropriate facilities to meet community needs for basic requirements. The Noosaville convenience centre is not expected to jeopardise the vitality or viability, or threaten the functional roles and levels of service competitive centres provide to the community. This report therefore establishes that a planning need, as a matter of public interest, exists for the proposed development and use and which satisfies the relevant criteria for need as a sufficient ground to justify the decision. In summary the sufficient grounds to justify the proposed use are: 1. there is a genuine community need for the proposed development; 2. there is significant demand for the facility particularly in light of the existing undersupply of convenience retail facilities in the Noosaville area; 3. there is a lack of alternative suitably zoned sites in the local area; DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 20

22 4. the proposal will increase the range and availability of convenience retailing including food and beverage services in the local area; 5. the proposal will create additional employment opportunities in the short-term during the construction phase as well as the long-term; 6. the facility will not jeopardise the vitality or viability or threaten the functional roles and levels of service competitive centres provide to the community; 7. the proposal will not compromise the overall outcomes for the Noosaville Locality or the retail hierarchy of the planning scheme; 8. the site is currently used and has historically been used for commercial purposes; 9. the proposal can be established without any detrimental impacts to the locality or adjoining residential uses; and 10. the planning scheme has been partially overtaken by events, for the reasons identified above. DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 21

23 7.0 CONCLUSION This Town Planning report has been prepared by KHA Development Managers to accompany a Development Application made by Marquette Bowen Pty Ltd over land at 37 Gibson Road, Noosaville, described as Lot 1 on RP The development application seeks a Material Change of Use for a Convenience Centre comprising Retail business Type 2 Shop & salon; Entertainment and dining business Type 1 Food & beverages; and Commercial business Type 1 Office The subject site is identified in The Noosa Plan as being within Noosaville Locality and zoned as Attached Housing. The proposal is a Inconsistent Use, and subject to Impact Assessment under the provisions of The Plan. Planning support is justified on the following grounds: there is a genuine community need for the proposed development; there is significant demand for the facility particularly in light of the existing undersupply of convenience retail facilities in the Noosaville area; there is a lack of alternative suitably zoned sites in the local area; the proposal will increase the range and availability of convenience retailing including food and beverage services in the local area; the proposal will create additional employment opportunities in the short-term during the construction phase as well as the long-term; the facility will not jeopardise the vitality or viability or threaten the functional roles and levels of service competitive centres provide to the community; the proposal will not compromise the overall outcomes for the Noosaville Locality or the retail hierarchy of the planning scheme; the site is currently used and has historically been used for commercial purposes; the proposal can be established without any detrimental impacts to the locality or adjoining residential uses; and the planning scheme has been partially overtaken by events, for the reasons identified above. Approval of the application, subject to the imposition of reasonable and relevant conditions is warranted. DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE PAGE 22

24 ATTACHMENT 1 NOOSA PLAN CODE ASSESSMENT PREPARED BY KHA DEVELOPMENT MANAGERS DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE CONVENIENCE CENTRE

25 NOOSAVILLE LOCALITY CODE Division 17 Specific Outcomes and Probable Solutions for the Noosaville Locality Table Specific Outcomes Probable solutions Proposal 11.9 Effects of use Amenity O1 Uses are located, designed and operated to avoid significant adverse changes to the light, air quality, noise, accessibility or other conditions enjoyed by users of associated, adjoining or nearby uses. No solution provided The proposed development has been designed to respect the amenity of the adjoining residential properties. This has been achieved through provision of a 3m landscaped setback to all residential boundaries, 2m high boundary fencing, orientation of activity areas away from residential boundaries, incorporation of acoustic treatments and management practices, and compliance with maximum residential building height. The building design has a highly articulated and pitched roof form that relates to surrounding residential building forms and will include materials and colour selection that associates with domestic architecture of the locality. Major Road Network O2 Through traffic in Noosaville uses Gibson Road or Eenie Creek Road, ensuring the visual amenity of Gympie Terrace is protected with a consequent enhancement of visitor and recreation opportunities and benefit to businesses along Gympie Terrace. Visual amenity O3 The visual amenity and character surrounding the major road network is protected and enhances the recognisable entrance to Noosaville through a) retaining and enhancing the visual and physical separation of Noosaville from other localities; and b) ensuring development does not encroach upon existing native vegetation along the road frontage other than for accessways. No solution provided No solution provided The proposed development fronts Gibson Road. A secondary access to Skipper Place will also be utilized. No visual amenity impact to Gympie terrace will result. The visual amenity and character surrounding the major road network will be relatively unchanged from the existing commercial nursery use. No further encroachment upon the existing native vegetation along the road frontage will result from this application, other than as necessary for site access. Neighbourhood identities O4 The separate identities of the various residential neighbourhoods remain important and distinct elements of the residential character of Noosaville. Lake Entrance Boulevard O5 There is no increase in the number of lots that gain access via Lake Entrance Boulevard. Airport O6 Development and use of premises within 750m of the airport do not cause an obstruction or other potential hazard to aircraft movement associated with No solution provided No solution provided No solution provided The proposed commercial development will replace an existing commercial use and will therefore not vary the neighbourhood identity. Not applicable The site is not located in the vicinity of Lake Entrance Boulevard. Not applicable The site is not located within the vicinity of the airport.

26 Specific Outcomes Probable solutions Proposal the airport by the way of a) the physical intrusion of buildings or other structures into aircraft take-off and approach flight paths; b) attracting birds or bats to the area, which could cause or contribute to birdstrike hazard; c) providing very bright lighting or lighting similar to runway lighting, which can distract or confuse aircraft pilots; d) interfering with navigation or e) communication facilities; f) emissions that may affect pilot visibility or aircraft operations; and g) transient intrusions into the airport s operational airspace Built form Density O7 The density of development within the site area a) is compatible with surrounding development; and b) does not exceed i) for the Semi-Attached Housing Zone: A) for sites between 500m 2 and 599m 2 inclusive 4.8 persons B) for sites 600m 2 or more 6.6 persons or 100 persons per hectare ii) for the Attached Housing and Business Centre Zones a maximum population density of 100 persons per hectare with the exception of the following sites which have an allowable population density of 320 persons per hectare exclusively for the purpose of a visitor hostel A) Lots 3 & 4 on RP situated at Mary Street; and B) Lot 21 on RP situated at William Street; iii) For the Visitor Mixed Use Zone 160 persons per hectare; and iv) for the Business Centre Zone a maximum population density of 100 persons per hectare with the exception of Lots 3 & 4 on RP situated at Mary Street which have an allowable population density of 320 persons per hectare exclusively for the purpose of a visitor hostel v) for the Shire Business Centre Zone 160 persons per hectare or 320 persons per hectare exclusively for the purpose of a visitor hostel vi) for the Community Services Zone maximum population density of 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; and c) has a low site impact to enhance the opportunity to maintain natural site characteristics, including native vegetation and natural landforms. No solution provided The proposed development replaces an existing commercial use of the site, with no additional residential density proposed. Height O8 Buildings and other structures S8.1 Buildings and other structures

27 Specific Outcomes Probable solutions Proposal a) are low rise and have a visual bulk and an architectural scale consistent with structures on adjoining or nearby land; b) do not exceed a building height of i) for the Attached Housing Zone 2 storeys unless located on property with frontage to the following streets: - Russell St, William St and Howard St, or Weyba Rd, James St and Albert St north of their intersections with Elizabeth St, where they are not to exceed a maximum building height of 3 storeys; ii) for the Visitor Mixed Use Zone 3 storeys, although present only 1-2 storey façades to Gympie Terrace; iii) for the Shire Business Centre Zone 2 storeys, except in Precinct E1 and E2 where 3 storeys and Precinct REC/MU where 1 storey; and iv)for all other zones 2 storeys; c) do not visually dominate the street or surrounding spaces; d) preserve the amenity of surrounding land; e) ensure that development responds to the site topography; and f) are well articulated with strong horizontal and vertical design elements to provide an interesting streetscape and to complement landform changes and landscapes. have a maximum building height of a) if in the Attached Housing Zone 8m, with the exception of those properties with frontage to the following streets: - Russell St, William St and Howard St, or Weyba Rd, James St and Albert St north of their intersections with Elizabeth St where they have a maximum building height of 12m; b) if in the Visitor Mixed Use Zone 12m; c) if in the Business Centre or Industry Zones 10m; d) if in the Shire Business Centre Zone 8m, except in Precinct E1 or E2 where 12m; e) in all other zones 8m. The proposed development is low rise and has an architectural scale consistent with nearby development. The building does not exceed a maximum building height of 8m/ 2 storeys. Setbacks O9 Buildings and other structures are appropriately designed and sited to a) provide amenity for users of the premises as well as preserve the visual and acoustic amenity of adjoining and nearby land uses; b) provide adequate distance from adjoining land uses; c)allow space for required vehicle parking; d) preserve any existing vegetation that will buffer the proposed building; e) allow for landscaping to be provided between buildings; f) maintain the visual continuity and pattern of buildings and landscape elements within the street; g) avoid large areas of continuous wall planes by varying the building setbacks and using appropriate techniques to provide visual relief; and h) help protect the natural character and visual amenity of the Noosa River system and other watercourses. S9.1 Buildings and structures comply with the setbacks identified in Schedule 1 - Minimum Boundary Setbacks. Gibson Road frontage The building wall to Gibson Road boundary is setback 6 metres as required. Allowances exist for awning encroachments into the setback area, with a cantilevered awning designed to a 1m road setback. This awning will provide amenity benefits, maintain a streetscape presence and provide a street front outdoor seating area to activate the public realm. A wide road verge ensures the awning is setback at least 7.5m from the road pavement and is buffered by existing substantial street trees. Alternative Solution Skipper Place frontage While the proposal plan shows a building wall setback of 4.5m to Skipper Place, all but 1m of the wall length is setback in excess of 10m to Skipper Place due to adjoining Lot 2 on RP which adjoins the site for a 10m length from the southern boundary. The building wall at its closet point will still be setback about 13m from the road pavement and buffered by existing street trees/vegetation together with new landscaping to the boundary. The setback variation is considered minor, and will comply with the intent of specific outcome 09. Similar to the Gibson Road frontage, a cantilevered awning is proposed with a

28 Specific Outcomes Probable solutions Proposal 1m setback. Again due to adjoining Lot 2 on RP this is only applicable to 1m of street frontage. A wide road verge ensures the awning is setback at least 9m from the road pavement and is buffered by existing street trees. Site cover, gross floor area and plot ratio O10 The site cover, gross floor area and plot ratio of buildings and other roofed structures a) results in a building scale that is compatible with surrounding development; b) does not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site; c) maximises the retention of existing vegetation and allows for additional soft landscaping between buildings; d) allows for adequate area at ground level for outdoor recreation, entertainment, clothes drying and other site facilities; and e) facilitates onsite stormwater management and vehicular access. O11 Site cover a) for a class 1 or class 10a structure within the Detached Housing Zone, b) does not exceed i) for a single storey building - 50%; or ii) for a building of 2 or more storeys - 50% on the ground floor and 30% for the upper storey(s), or 40% for all storeys for a building of 2 or more storeys; c) for other classes with the Detached Housing Zone, does not exceed 40%; d) for the Semi-Attached Housing Zone does not exceed 40%; e) for the Attached Housing Zone does not exceed 40%; f) for the Visitor Mixed Use Zone does not exceed 40%; or g) for the Shire Business Centre Zone in Precincts E1, E2, E6 and E7 does not exceed 50%. O12 For the Semi-Attached Housing Zone buildings do not exceed a plot ratio of 0.45:1 O13 For the Attached Housing Zone the maximum gross floor area is equivalent to the maximum allowable population in persons multiplied by 40m 2. No solution provided Side Boundaries Side boundary setbacks are 3m as required for commercial uses that adjoin land in a residential zone. The proposed development has a site cover of 1415m 2 (36.6%), gross floor area of 1087m 2 and plot ratio of 0.282, which is an overall building component less than an allowable residential development of the site. The building design has a highly articulated and pitched roof form that relates to surrounding residential building forms and will include materials and colour selection that associates with domestic architecture of the locality. Landscaping zones are achieved at the street frontages which incorporate substantial existing street trees. Soft landscaping will be provided to all side boundaries to buffer the development from the adjoining residential properties. Vehicular access is via a left in left out facility on Gibson Road or via Skipper Place. On site stormwater management will be implemented in accordance with the Stormwater Management Plan prepared by JF&P Engineering included in Attachment 7. The proposal which is situated within the Attached Housing Zone has a site cover of 36.6%. Not applicable The proposed gross floor area of 1,087m 2 is less than the allowable gross floor area of 1,544m 2.

29 Specific Outcomes Probable solutions Proposal O14 For the Visitor Mixed Use Zone, the maximum gross floor area equals the allowable population in persons multiplied by 40m2, provided that the gross floor area does not exceed 13,600m2. O15 For the Business Centre Zone, outside of the Mary Street/Thomas Street Precinct the maximum plot ratio is a) 0.8:1 for site areas up to and including 2,000m2; plus b) 0.3:1 for the balance portion of the site area in excess of 2000m2. O16 Within the Shire Business Centre Zone, the maximum plot ratio for development within the following precincts is a) Precincts B1 and B2 combined- 0.5:1; b) Precinct B3-0.8; c) Precinct E1-0.6; d) Precinct E2-0.6; e) Precinct E3-0.6; f) Precinct E4-0.6; g) Precinct E5-0.6 h) Precinct E6-0.6; i) Precinct E7-0.6; j) Precinct RES- 0.6; and k) Precinct REC/MU Flooding and drainage O17 Buildings and other works are designed and sited to a) provide flood free access to premises and flood free habitable areas; b) allow only minor, short term and infrequent flooding of non-habitable areas; c) ensure drainage does not adversely impact upon other premises; and d) ensure filling or excavation does not adversely impact upon other premises by i) causing ponding on the site or nearby land; ii) increasing flooding, which adversely affects the safety or use of any land upstream and downstream; and iii) adversely affecting the flow of water in any overland flow path. S17.1 For new buildings or structures or additions more than 50m 2 gross floor area to an existing building or structure, floor levels for habitable rooms are not less than the specified minimum floor levels S17.2 Where Council infrastructure is available any drainage (including buildings and yards) flows to that infrastructure; and the infrastructure has the capacity to accept any additional loading; S17.3 for Residential Uses - where slab on ground construction is used, filling does not extend more than 1m beyond the building footprint, measured from the outer walls of the building ; or the design consists of a suspended floor construction. S17.4 Car parking and maneuvering areas are constructed at a level that permits the parking area to drain from the site by gravity means, without the need for mechanical pumping; S17.5 Basements for residential uses have flood immunity above the Q100 where alternative means to mechanical pumping are used to achieve such immunity; or S17.6 Basements for non-residential uses have flood immunity above the Not applicable Not applicable Not applicable Development will comply with any minimum floor level requirement. Drainage will flow to existing drainage infrastructure. Refer Civil Infrastructure Report in Attachment 8. Not applicable Drainage will flow to existing drainage infrastructure. Refer Civil Infrastructure Report prepared by JF&P Engineering in Attachment 8. Not applicable Not applicable

30 Specific Outcomes Probable solutions Proposal Q100 that may be achieved by means of mechanical pumping where the mechanical feature is installed with adequate holding tanks and an alternative back up power source. Sloping sites O18 Development on sloping sites a) is responsive to the natural topography of the site and minimizes cut and fill; b) does not visually dominate the hill slope or interrupt the skyline; c) is integrated with the natural site characteristics including vegetation; and d) for Multiple housing, takes the form of small separate buildings; S18.1 Buildings and associated access ways are not constructed on land with a slope greater than 25% (1 in 4); S18.2 Buildings are of split level design that step down the slope or have suspended floor construction; S18.3 Cut or fill is less than 2m in depth; S18.4 The distance between the ground and the lowest part of the floor of the building does not exceed 3m to avoid large under building areas; S18.5 Buildings present no more than 3 storeys at any one point. Not Applicable The site is not a sloping site. O19 On sites which are visible from the major road network, areas of public open space, the Noosa River or the beaches new buildings and structures including outbuildings, are designed so as not to dominate or detract from the scenic and environmental qualities of the site and its setting. S19.1 No solution provided The site currently presents as an existing commercial use to the road network. The proposed development has been designed so as to not dominate or detract from the existing visual amenity and character surrounding the major road network. Roof form O20 Rooflines a) contribute positively to the local skyline; b) complement the character of the locality; c) are articulated, pitched or skillion; d) avoid low pitched (eg. less than 5 degrees) or box roof profiles/parapets; and e) do not create opportunities for residents to overlook the private open space areas of neighbouring properties. Materials and finishes O21 Buildings and other structures use materials and finishes that complement the Noosaville character and integrate with the surrounding natural and built environment. S20.1 With the exception of buildings within the Industry Zone, the main rood of the building has a roof pitch no less than 5 degrees and has minimum 600mm eaves to at least 75% of the perimeter of the building; S20.2 Buildings and structures do not include roof top terraces. S21.1 With the exception of buildings within the Industry Zone, buildings a) use a mix of lightweight and textured external building materials, including timber finishes; or b) use masonry construction where variation is provide in texture, detailing and the like; c) use open or transparent balustrades; and d) Incorporate open balconies. The development has a highly articulated, architecturally designed roof form which includes pitches of greater than 5 degrees. The roof has been designed to create visual interest when viewed from street frontages and the appearance of a single storey structure when viewed from the adjoining residences to the rear of the development. No roof top terraces are proposed. The proposed development has been architecturally designed to integrate with the surrounding environment which includes a mix of residential and commercial uses. A range of materials and colour selections which reflect domestic architecture of the locality will be implemented, including metal roof cladding, fc sheeting and infill panels, and precast concrete. Variation in texture and detailing will be provided Environment, conservation and recreation Environment and cultural heritage values O22 There are no significant adverse No solution provided. No significant adverse effects on environmental or cultural heritage

31 Specific Outcomes Probable solutions Proposal effects on biodiversity, native vegetation, native fauna habitat, landscaped quality, water quality or cultural heritage values, including those related to a) changes to natural drainage; b) management of fire risk; c) erosion and the transport of sediments off site; d) unmanaged public access; e) effluent disposal; f) changes to fauna habitat and behaviour; and g) disturbance of buildings and features, including natural features of cultural heritage significance. values will result from this development as it merely represents the development of a commercial building on an existing commercial site. Open space network O23 An integrated open space network is established throughout the locality and a) allows for both passive and active recreational pursuits; b) provides safe and convenient connectivity for pedestrians and cyclists to neighbourhood centres, community services and other key destinations such as public open space, the Noosa River and Wallace Estate; c) provides habitat connectivity for wildlife; d) protects watercourses and drainage lines in the lowlands; and e) forms a scenic backdrop for the locality s residential neighbourhoods. S23.1 Open space corridors and existing native vegetation in areas indicated in Schedule 5 Map 4 are protected from fragmentation and encroachment by development. Open space corridors and existing native vegetation will not be affected by the proposed commercial development on an existing commercial site. O24 Physical and visual links between public open space areas and watercourses are retained. S24.1 No solution provided Not applicable The proposed development is not in the immediate vicinity of any watercourses. Pedestrian and bicycle pathways O25 Safe and convenient pedestrian and bicycle pathways are provided and retained between and around key destinations including a) an east-west link between the Tewantin & Doonan Locality and the Noosa Heads Locality along the Noosa River foreshore; and b) a north-south link between the Shire Business Centre and Wallace Park to the Noosa River foreshore. c) Recreation areas off Shorehave Drive and Seacove Court; d) Scouting facilities at Gympie Terrace and Gibson Road; e) The Australian Rules field at Weyba Road; and f) Camping and caravanning facilities at Munna Point. Foreshore character O26 The natural landscape character and vegetation along the foreshore areas of the Noosa River, Lakes Doonella and Weyba and Eenie Creek, Noosa National Park, Keyser Island and Weyba Creek Conservation Parks is protected. S25.1 Pedestrian and bicycle pathways are provided and retained where indicated in Schedule 5 Map 2; S25.2 Contributions toward a Pathways Network are provided in accordance with PSP20. No solution provided. Not applicable No pathways adjacent to the subject site are indicated in Schedule 5-Map 2 The applicant will pay contributions in accordance with Council s policy. Not applicable The proposed development is not in the immediate vicinity of these areas.

32 Specific Outcomes Probable solutions Proposal Watercourses O27 The environmental, economic, amenity and transportation values of the Noosa River system is protected. No solution provided Not applicable The proposed development is not in the immediate vicinity of the Noosa River. Comment: The proposed development is able to comply with all the Probable Solutions of the Noosaville Locality with the exception of the Probable Solution for Setbacks whereby an Alternative Solution has been provided to satisfy the Specific Outcome for the Code. Division 20 Specific Outcomes and Probable Solutions for the Attached Housing Zone Table Specific Outcomes Probable solutions Proposal Consistent Uses O43 The following defined uses and use classes are consistent uses and are located in the Attached Housing Zone a) Commercial business Type 1 if an estate sales office; b) Home-based business Type 1; c) Home-based business Type 2 where operated from a detached house; d) Detached house if not located at Ivory Palms Resort 73 Hilton Terrace on Plan GT102758; e) Multiple housing if not located at Ivory Palms Resort 73 Hilton Terrace on Plan GT102758; and f) Visitor accommodation Types 1, 2 or 4. No solution provided Alternative Outcome The proposed uses including Retail Business Type 2 Shop & Salon; Entertainment and Dining Business Type 1 Food & Beverages; and Commercial Business Type 1 Office, are all Inconsistent uses within the Attached Housing Zone. The proposal however complies with the Desired Environmental Outcomes for Commercial and Business Uses and the overall outcomes for the Noosaville Locality. Sufficient grounds to justify the proposed use despite this conflict are detailed in section 6.2 of the Town Planning Report Inconsistent Uses O44 The following defined uses and use classes are inconsistent uses and are not located in the Attached Housing Zone a) All Agricultural Uses; b) Commercial business unless an estate sales office; c) Entertainment and dining business; d) Industrial business; e) All Infrastructure Uses f) Detached house if located at Ivory Palms Resort 73 Hilton Terrace on Plan GT102758; g) Ancillary dwelling unit; h) Multiple housing if located at 73 Hilton Terrace on Plan GT102758; and g) Visitor accommodation Type 3 h) Commercial Business; i) Home-based business Type 3 j) Retail Business k) Education Visitor Accommodation Protection of Resorts O45 Substantial sites are protected for Visitor accommodation Type 4 and include the Ivory Palms Resort 73 Hilton Terrace on Plan GT No solution provided No solution provided Alternative Outcome The proposed uses including Retail Business Type 2 Shop & Salon; Entertainment and Dining Business Type 1 Food & Beverages; and Commercial Business Type 1 Office, are all Inconsistent uses within the Attached Housing Zone. The proposal however complies with the Desired Environmental Outcomes for Commercial and Business Uses and the overall outcomes for the Noosaville Locality. Sufficient grounds to justify the proposed use despite this conflict are detailed in section 6.2 of the Town Planning Report. Not Applicable The subject site is not identified for protection for visitor accommodation.

33 Specific Outcomes Probable solutions Proposal Amenity Landscaped Setting O46 Existing mature trees of local origin add to the character of the Attached Housing Zone and are retained. No solution provided Existing mature trees along the street frontages will be retained except where required to be removed for site access purposes. Supplementary planting will be undertaken to enhance the character contribution of these trees Built form Streetscape character and building bulk O47 Buildings and other structures a) contribute positively to the streetscape character by addressing the street and adding visual amenity through stepping the front façade; b) have a bulk and architectural scale that does not dominate the streetscape or detract from the visual amenity of adjoining properties; c) vary in line and plane; d) utilise various building styles and materials to create diversity and visual interest in the streetscape; e) make use of verandahs, balconies, eaves, and roof overhangs for aesthetic and lifestyle reasons; f) integrate landscaping into the building design to provide visual relief and screening; and g) present well articulated facades where garages or carports are not the dominant visual element when viewed from the street; O48 Buildings and structures are designed to address any waterfront aspect and to contribute positively to the waterfront character. O49 Buildings and structures take the form of small separate buildings, rather than large single bulky developments. Garages and carports O50 Garages, carport structures and vehicle manoeuvring areas are designed and sited to a) provide for resident and visitor parking; b) visually integrate with the building and to not dominate the street front; c) allow opportunity for landscaping to screen vehicle parking and manoeuvring areas; d) minimise the number of driveway accesses; and e) allow safe and efficient access to and egress from the premises. S47.1 Buildings and other structures are designed to a) have a maximum wall length of 15m and each external wall plane incorporates at least one design element to add visual interest and amenity (such as windows, pergolas, sun shading devices, balconies or a change of building material); (See Figure 11.6) b) vary and break up the roof forms through gables or different pitches to add visual interest and define the individual dwelling units; c) provide individual segmented balconies for each dwelling unit to reduce dominant horizontal banding; d) visually break up building facades by incorporating different but complimentary colours, textures and building materials; and e) visually break up the bulk of the building by integrating tall plant species in front of and to the side of buildings. S48.1 No solution provided S49.1 Buildings do not contain more than 4 attached dwelling units. S50.1 Garages and carports a) have a front boundary setback of at least 6m; and b) present a minimum width to the streetscape (the total width of garage doors is no more than 6m or 50% of the frontage width, whichever is the lesser, where the structure faces the street); or c) that are visible from, but do not face the street, include windows or other articulation and have a 6m vegetated buffer between the structure and the road frontage. S50.2 Where multiple lock up garages face the street garage doors are stepped back a minimum of 600mm from each other, in relation to the frontage or are separated by at least 1.5m; S50.3 Garages, carports and uncovered Alternative Solution Although the building has a wall length of greater than 15m, the proposed development has been designed to respect the amenity of the adjoining residential properties and the streetscape character. This has been achieved through the inclusion of a varied and highly articulated roof design, materials and colour schemes that are sympathetic to the locality, landscaped zones and fencing /landscape buffering to adjoining residential boundaries. Not applicable The site does not have a waterfront aspect. The development does not include any attached dwelling units. The articulated roof form assists the appearance of smaller separate building components. Not applicable No garages or carports are proposed as part of this application. Not applicable No garages or carports are proposed as part of this application. Not applicable

34 Specific Outcomes Probable solutions Proposal spaces are designed to allow vehicles to enter and exit the site in a forward gear through a 3-point turn maximum; S50.4 The development provides for shared driveways to minimise the number of access points, except on sites with more than one street frontage, where garages or carports in the development front separate streets. No garages or carports are proposed as part of this application. One access is provided to each street frontage. Front fences & walls O51 Front fences and walls are designed and sited to a) contribute to the attractiveness of the street; b) be compatible with the existing streetscape character; c) relate to the architectural period of the building; d) avoid interference with the movement of surface stormwater; e) allow for casual surveillance from the street or on main roads, mitigate traffic noise; f) provide for planting in front of high solid fences and walls; and g) ensure planting between the front fence and the footpath does not create an impediment for pedestrians using the footpath. S51.1 Front fences or walls are setback an average of 1 metre and are articulated to provide visual interest by stepping the design at maximum 5m intervals. S51.2 The area of land between the fence and the front property boundary shall be densely landscaped to screen any fencing from the street. S51.3 Any fencing on the boundary which is not screened by vegetation is either less than 1.2m high or of an open construction. Not applicable No fences are proposed along the Gibson Road or Skipper Place frontages. All boundaries are proposed to include landscaped areas with a minimum width of 1m. All boundary fences are screened by vegetation. Comment: The proposed development is able to comply with all the Probable Solutions for the Attached Housing Zone with the exception of the Probable Solution for maximum wall length whereby an Alternative Solution has been provided to satisfy the corresponding Specific Outcome. While the proposed use is an inconsistent use and does not comply with specific outcome O44 the proposal complies with the Desired Environmental Outcomes for Commercial and Business Uses and the overall outcomes for the Noosaville Locality. Sufficient grounds to justify the proposed use despite this conflict are detailed in section 6.2 of the Town Planning Report. BUSINESS USES CODE Table 14.8 For all Business Uses Specific Outcomes Probable solutions Proposal Effects of Use Electricity infrastructure O18 The development does not adversely impact on existing or future electricity supply infrastructure; S18.1 No solution provided The subject site is currently connected to electricity. It is not anticipated that the development will adversely impact electricity supply infrastructure. O19 All uses and works maintain an adequate safe distance from electrical infrastructure including substations, overhead powerlines, power poles and transformers. S19.1 Development for uses adjacent to or within 50m of an existing electricity substation incorporates noise attenuation measures to mitigate noise impacts; S19.2 Buildings and structures (including swimming pools, sheds, tennis courts and outbuildings) are not constructed under overhead electricity transmission lines, or within electricity Not applicable Site is not adjacent to or within 50m of an electricity substation. Buildings and structures will not be constructed under any overhead lines or electricity easements.

35 Specific Outcomes Probable solutions Proposal easements. Noise O20 Development is designed and sited to avoid noise emissions that unreasonably diminish the amenity of the area or surrounding uses. Mechanical plant and equipment and storage areas O21 Mechanical plant and equipment (including air conditioning equipment) and storage areas are designed and located to a) avoid adverse visual impacts when viewed from the street and adjoining properties; and b) visually integrate with the building design. Safety and security O22 All property boundaries are clearly identifiable with public and private spaces clearly defined. O23 All premises and access routes are clearly identifiable to all persons, particularly emergency services personnel. O24 All building entries are designed to be obvious and easily identifiable sites to enable external areas to be monitored. No solution provided S21.1 Mechanical plant and equipment are a) located more than 2m from any property boundary; b) where located at ground level, screened by fencing 1.5m in height or dense vegetation of at least 1.5m in width incorporating grouped trees and shrubs with maximum separation distance of 1m measured from the centre of the tree or scrub; and c) are visually integrated into the line and plane of the building and roof design and do not project beyond the height or width of the building when viewed from the street and adjoining properties; S21.2 For Industrial business and Retail business Type 3, materials stored outside of a building do not exceed 4m in height or half the height of the on-site buildings whichever is the greater. S22.1 Boundaries are identified by such means as - a) fencing; or b) changes in surface materials or levels; or c) landscape treatments; S22.2 Loading and storage areas are well lit or can be locked after hours. S23.1 All premises are identified by the provision of the street number in a prominent location, preferably near the site entry, (i.e. on the kerb or letterbox) or by signage on the building or site. S24.1 The number of entrances and exits are limited and main building entrances/exits are located at the front of the site, in view of the street. Where this is not possible, due to site or existing building constraints, a well defined path is provided to the entrance/exit; S24.2 All entrances/exits to buildings, are well lit and signed, and signage includes hours of operation; The development will comply with noise levels through the implementation of Acoustic measures and management requirements in accordance with the Noise Impact Assessment Report prepared by TTM Consulting included as Attachment 6. Mechanical plant and equipment will be located more than 2m from all property boundaries. Mechanical plant and equipment will be located on the rear roof areas and screened by a 1m high parapet. Not applicable All boundaries will be identifiable through landscaping treatments and/or fencing. Storage areas will be appropriately lit and able to be locked. Legible street numbering/signage will be incorporated into the development. Building entrances are easily identifiable and located at the front of the site. A dedicated pedestrian pathway defines the building entrance. Appropriate lighting and signage will be incorporated into the development.

36 Specific Outcomes Probable solutions Proposal S24.3 Entrances/exits are located to provide a direct link to driveways and Entrances/exits are located to provide a carparking areas; direct link to driveway and carparking area. O25 Uses are arranged within buildings and on sites to enable external areas to be monitored. O26 Communal open space, including congregation and seating areas, is located where it can be monitored. O27 Buildings and structures are designed to minimise opportunities for vandalism. O28 Lighting of appropriate intensities is provided to maximise safety. S24.4 Recessed doorways are avoided where the recess is of sufficient size to conceal a person. Where recessed doorways are unavoidable, measures are used to enhance safety, as follows a) good lighting installed; b) strategically placed mirrors installed; c) angled approaches provided; or d) gates which restrict access provided. S25.1 Windows and main entrances are positioned to allow for casual surveillance. S26.1 Communal open spaces, including congregation and seating areas are situated where they are in the line of sight of windows, doors and/or balconies of buildings, or can be seen from a street or other public space. S27.1 Buildings or structures that are visible from a public street or laneway a) avoid the use of solid fences and blank walls which attract graffiti. Where solid blank surfaces are unavoidable, measures in the form of landscaping, creepers, murals, vandal resistant paint, etc are used; b) use toughened glass, security screens and other measures (but not including security shutters that obscure the view of shopfronts) are used in windows which are provided at ground level, to deter break and enters; and c) use hardy vandal proof materials and anti-graffiti paint are used in the construction of buildings. S28.1 Lighting of appropriate intensities is provided which satisfies the requirements of Australian Standard AS1158: Public Lighting Code, unless otherwise specified in this Code; S28.2 External lighting of a graduated intensity is provided which starts at a lowerlevel of brightness at the perimeter of the site and rises to a higher level at the entrance to buildings or at the centre of the site; S28.3 Lighting is directed onto the site and away from neighbouring properties; S28.4 Vandal-resistant lighting is used in public and publicly accessible areas. Recessed doorways have been avoided in the design of the building. The building has been specifically designed to provide for good casual surveillance from the tenancies over the car parking area and to the street. All public spaces are visible from the building frontages. The building has been specifically designed to discourage anti-social behavior by providing good casual surveillance from tenancies, implementing articulated facades, using toughened glass and other lighting and paint devices to discourage vandalism. Appropriate lighting will be installed throughout the development. Appropriate lighting will be installed throughout the development. Lighting will be appropriately sited and directed. Appropriate lighting will be installed throughout the development.

37 Specific Outcomes Probable solutions Proposal O29 Public toilets are designed and constructed to a) ensure the safety of all people using them; and b) take advantage of informal surveillance from adjoining uses and activities, discouraging non-legitimate uses. O30 Premises have accessibility to public transport. S29.1 Public toilets are located in high traffic areas; S29.2 Features that may legitimise loitering, such as seating or public telephones are not located within 20m of toilet entrances; S29.3 Entrances to public toilets are visible from the street, footpath and other activity areas on the site or adjoining sites. S30.1 Safe and convenient pathway access is provided from the site to link to existing pathway networks that services public transport facilities; OR S30.2 Direct pathway access is provided to the public transport facility if the facility is contained on site or within 50m from the property boundary. The convenience centre toilets are located in a central location between tenancies 3 & 4 and will be well lit and sign posted. Seating and public telephones will not be located in proximity to the toilet entrances. The convenience centre toilets are not public toilets, but will be available to customers. While not visible from the street they are centrally located in a high traffic area and will be well lit and sign posted. A dedicated pedestrian link is provided from the existing pathway along Gibson Road to the proposed development. Not applicable. O31 Business Uses are designed and constructed to encourage users of the development to access the site by means of foot or bicycle through provision of appropriate end-of trip facilities including bicycle parking and shower/change rooms. S31.1 Safe and convenient cycle access to and from the site from the existing road and bicycle network, and safe bicycle movement within the site is provided; S31.2 Secure and convenient parking space for bicycles is provided on site in accordance with AS Bicycle Parking Facilities and Figure 14-1 Minimum Requirements for Bicycle Parking; Safe and convenient cycle access is provided to and from the site with bicycle parking provided at each entrance. Safe and convenient bicycle parking is provided at each entrance. 20 parking spaces have been provided, satisfying the minimum requirements for the mix of uses. S31.3 Where at least 5 bicycle parking spaces are required in accordance with Figure 14-1 Minimum Requirements for Bicycle Parking, end-of-trip cycle facilities are provided at the following rate: a) 1 locker per 2 bicycle parking spaces; and b) 1 shower cubicle with ancillary change rooms per 10 bicycle spaces or part thereof; 2 Showers and 20 bike lockers are provided within the amenities area. S31.4 Bicycle parking spaces and cyclist facilities are designed in accordance with AUSTROADS Guide to Traffic Engineering Practice, Part 14 Bicycles, Section 10; All bike facilities will be provided in accordance with the AUSTROADS Guide. S31.5 On-site pedestrian facilities such as seating and shade structures are provided in developments for the convenience of persons walking to the site. Awnings are provided over all internal pedestrian pathways. Appropriate seating will be provided with each tenancy dependent upon use.

38 Specific Outcomes Probable solutions Proposal Figure 14-1 Min. Requirements for Bicycle Parking Site facilities O32 Waste storage areas, external storage areas and loading docks do not detract from the visual amenity of the streetscape or cause nuisance to adjoining properties Waste storage areas, external storage areas and loading docks are situated to the rear of the building or under the ground; OR Waste storage areas are situated to the rear of the development. No loading dock is proposed or required as loading will occur from within the carpark area. Environment & heritage values O33 There are no significant adverse effects on the biodiversity, natural vegetation, native wildlife, habitats, landscape quality, water quality or heritage values, including those related to a) changes to natural drainage; b) disturbance to any of the wetland systems; c) management of landslide and fire risk; d) erosion and the transport of sediments offsite; e) unmanaged public access; f) effluent disposal4; g) changes to fauna habitat and behaviour; and h) disturbance of buildings and features, including natural features, of heritage significance. S32.2 With the exception of the access way, waste storage areas, external storage areas and loading docks are visually screened by landscaping or fencing. No solution provided. Advisory note PSP24 Effluent Disposal details requirements for the design and siting of effluent disposal systems where located outside a sewerage service area. Compliance with PSP24 will be considered as part of Council s assessment of the plumbing and drainage application. TABLE ENTERTAINMENT & DINING BUSINESS OR RETAIL BUSINESS TYPES 1 OR Effects of Use Noise and visual amenity O35 Uses maintain a satisfactory level of acoustic and visual amenity for surrounding uses. Outdoor dining areas O36 Outdoor dining areas are designed and located so that a) structures are aesthetically pleasing and in keeping with the existing character of the area, including the architecture of the associated building; b) outdoor dining adds to the S35.1 For uses involving outdoor courts including tennis courts, half courts and netball courts the use complies with the requirements in Section 2 of PSP8 Tennis and other Courts. S36.1 Walls to outdoor dining areas are a) if facing a roadway or other public area, transparent; b) not made of flexible, roll-up or drop plastic sheeting; c) separated from the floor and any roof by a minimum vertical gap of Waste storage areas are visually screened. No significant adverse effects on environmental or cultural heritage values will result from this development as it merely represents the development of a commercial building on an existing commercial site. Not applicable Not Applicable No walls to outdoor dining areas are proposed.