MINUTES ORDINARY MEETING - Gympie Council · 8/5/2015 · road from the Bruce Highway to Brisbane...

MINUTES

of the

ORDINARY MEETING

CHAIRMAN: Cr MW Curran (Mayor)

Held in the Boardroom

Town Hall

2 Caledonian Hill

Gympie Qld 4570

On Wednesday, 05 August 2015 At 9am

Ordinary Meeting Minutes 5 August 2015 1

Gympie Regional Council

Gympie Regional Council ORDINARY

Mayor MW Curran (Chairman), Crs RA Gâté, LJ Friske, IT Petersen, MA McDonald, WW Sachs, RC Currie, WR Leitch and JA Walker

CONTENTS:

DISCLOSURE OF INTERESTS BY COUNCILLORS ..................................................................... 3

SECTION 1: OPEN WITH PRAYER ............................................................................................. 3

SECTION 2: APOLOGIES / LEAVE OF ABSENCE..................................................................... 3

SECTION 3: CONFIRMATION OF MINUTES .............................................................................. 3

SECTION 4: PETITIONS .............................................................................................................. 4

4.1 REQUEST FOR CHANGE TO PARKING LIMITS IN O'CONNELL AND PALATINE STREETS ................................. 4

4.2 PETITION REGARDING INTERSECTION OF ARALUEN TERRACE, INGLEWOOD ROAD AND BURCHILL LANE .................................................................................................................................................... 6

SECTION 5: PLANNING AND DEVELOPMENT ......................................................................... 7

5.1 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE TO ESTABLISH A FOOD AND DRINK OUTLET, INDOOR SPORT AND RECREATION, EDUCATIONAL ESTABLISHMENT, HEALTH CARE SERVICE AND CARETAKER'S ACCOMMODATION AT 6-8 LADY MARY TERRACE, GYMPIE ............................ 7

5.2 DEVELOPMENT APPLICATION FOR MAKING A MATERIAL CHANGE OF USE TO ESTABLISH AN OUTDOOR SPORT AND RECREATION FACILITY (NOOSA EQUESTRIAN CENTRE) AND TOURIST PARK (CAMPING) LOCATED AT LOT 8 RP36943 - 1295 NOOSA ROAD, TANDUR ............................................................... 36

5.3 BUILDING APPROVALS FOR JUNE 2015 ................................................................................................ 52

5.4 REVIEW OF Q100 LEVEL FOR GYMPIE .................................................................................................. 54

5.5 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE - FOOD & DRINK OUTLET (EXTENSION TO EXISTING CAFE) OVER LOT 26 ON T73121 - 35 ESPLANADE, TIN CAN BAY FOR VICKI FAMILY TRUST C/- PLANSMART DEVELOPMENT SOLUTIONS .............................................................................. 56

SECTION 6: SOCIAL WELLBEING ........................................................................................... 72

SECTION 7: HEALTH AND ENVIRONMENT ............................................................................ 72

SECTION 8: GOVERNANCE AND ECONOMIC DEVELOPMENT ............................................ 73

8.1 APPLICATION FOR AN EXTENDED TRADING HOURS UNDER THE LIQUOR ACT 1992 – GYMPIE SOCIAL CLUB – 40 CHANNON STREET, GYMPIE – GYMPIE SOCIAL CLUB INC. .................................................... 73

SECTION 9: INFRASTRUCTURE .............................................................................................. 77

SECTION 10: MAJOR PROJECTS AND BUSINESS ACTIVITIES .............................................. 78

10.1 NATIONAL STRONGER REGIONS FUND APPLICATION ............................................................................ 78



SECTION 11: WASTE MANAGEMENT ....................................................................................... 81

SECTION 12: TOURISM AND MARY VALLEY ........................................................................... 81

SECTION 13: GENERAL BUSINESS .......................................................................................... 81

SECTION 14: IN COMMITTEE ..................................................................................................... 83

14.1 RFT NO. 2014-2015-T027 PROVISION OF RECYCLING SERVICES FOR WASTE MANAGEMENT FACILITIES .......................................................................................................................................... 83

SECTION 15: ATTACHMENTS ................................................................................................... 84

5.3 BUILDING APPROVALS FOR JUNE 2015 ................................................................................................ 84

ATTACHMENT 1 BUILDING APPROVALS FOR JUNE 2015 86 ............................................................ 84



The meeting commenced at 9.01am. PRESENT: Mayor Cr MW Curran (Chairman), Cr IT Petersen, Cr LJ Friske,

Cr RA Gâté, Cr WW Sachs, Cr RC Currie, Cr WR Leitch and Cr JA Walker. Also in attendance were Chief Executive Officer (Mr BJ Smith), Acting Director Planning & Development and Acting Director Corporate and Community Services (Mr M Stanton), Director Engineering Services (Mr B Fredman), Manager Development & Compliance (Mrs T Stenholm), Manager Waste Services (Mr M Pavlinic), Manager Community Development & Facilities (Mrs H Kelly) and Minutes Clerk (Ms T Condon).

DISCLOSURE OF INTERESTS BY COUNCILLORS M09/08/15 – Cr MW Curran – Conflict of Interest

SECTION 1: OPEN WITH PRAYER Pastor Scott Lucas from the Cooloola Wesleyan Methodist Church offered a Prayer for the advancement of the Region and the true welfare of its people.

One Minute’s silence was observed for family and friends of deceased residents of the Region.

SECTION 2: APOLOGIES / LEAVE OF ABSENCE Leave of absence for this meeting was previously granted to Councillor Mark McDonald.

SECTION 3: CONFIRMATION OF MINUTES

M01/08/15 Moved Cr RA Gâté Seconded Cr JA Walker That the Minutes of the Gympie Regional Council Ordinary Meeting held on 15 July 2015 be taken as read and confirmed.

Carried

FOR: Cr MW Curran, Cr LJ Friske, Cr RA Gâté, Cr IT Petersen, Cr WW Sachs, Cr JA Walker, Cr WR Leitch and Cr RC Currie AGAINST: Nil



SECTION 4: PETITIONS 4.1 Request for change to parking limits in O'Connell and Palatine

Streets

PORTFOLIO: Planning and Development

DIRECTORATE: Office of the CEO

DOC ID: 1787397 1. REPORT Petition received with 53 signatories. “Due to recent parking changes in the undercover parking and the restrictions of three hourly parking, this has forced workers from the Mary Street car park to park in the Hub car spaces. These vehicles are parking all day, forcing families of the Hub further away. We, the undersigned, community members using the Hub facilities, call on the Gympie Regional Council to change the parking limits on the parking spaces, Cnr O’connell and Palatine St to three hours to prevent vehicles parking for long periods of time. The hub provides services to families with young children and therefore, vital to have parking available at all time. At present it is difficult for those with young children wanting to access the Hub services. Cooloola Child & Family Hub Coordinator provides:

a first point of contact for families, linking and referring to appropriate service

access to resources and information about local services assistance for parents to enhance positive parenting skills integrates local early childhood services and programs advocates for new services based on gaps identified by the

community Early Years Family Hub also provides a play space to locally run playgroups, including:

Ohana playgroup provided by Playgroup Queensland Young Mums Network playgroup provided by Cooloola Youth

Services The Hub is a family friendly place available to the wide community and we wish this service to be readily available for all those in need.”

M02/08/15 Moved Cr RA Gâté Seconded Cr JA Walker That the Petition be received and referred to the Chief Executive Officer for consideration and report back to Council on findings.

Carried



4.2 Petition regarding Intersection of Araluen Terrace, Inglewood Road and Burchill Lane

PORTFOLIO: Infrastructure

DIRECTORATE: Office of the CEO

DOC ID: 1790800 1. REPORT Petition received with 13 signatories. “I wish to draw your attention to a safety issue at the intersection of Araluen Terrace, Inglewood Road and Burchill Lane. It seems, for one reason or another, that the roadway and kerbing in Burchill Lane, from this intersection along the frontage of Number 13 Burchill Lane has not been completed. We assume that this would have been required when the approval to subdivide Number 11 was granted approximately 11/12 years ago (2004). At other points in Burchill Lane, the carriageway is 6.6 metres wide and includes kerbing for its entirety. The entrance to Burchill Lane is barely 4.7 metres wide, is untidy, uneven, dangerous and unsuitable for two way traffic. Also of note, a footpath has not been provided in Burchill Lane. Please refer to the enclosed photographs for clarification. Araluen Terrace and Inglewood Road represent a popular connecting road from the Bruce Highway to Brisbane Road and surrounding residential areas and Burchill Lane is being used as a short-cut for an increasing proportion of this traffic. Burchill Lane provides access to the Gold Fossicking area adjacent to Deep Creek; local residents and tourists walk along Burchill Lane on a frequent basis. There is a particular safety concern for traffic turning left from Inglewood Road into the narrow entrance of Burchill Lane.

In conjunction with the other concerned residents in the area, I therefore seek your advice regarding this matter. Please help us to enhance the safety and sub-standard appearance of the entry to "Our Street".”

M03/08/15 Moved Cr LJ Friske Seconded Cr WW Sachs That the Petition be received and referred to the Chief Executive Officer for consideration and report back to Council on findings.

Carried




SECTION 5: PLANNING AND DEVELOPMENT 5.1 Development Application for Material Change of Use to establish a

Food and Drink Outlet, Indoor Sport and Recreation, Educational Establishment, Health Care Service and Caretaker's Accommodation at 6-8 Lady Mary Terrace, Gympie


DIRECTORATE: Planning and Development

AUTHOR: Planning Officer - J Engle

DOC ID: 2015-0044 LINKS TO CORPORATE/OPERATIONAL PLAN STRATEGIC THEMES: 3. Governance - cohesive, responsible and transparent

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION In 1993, Council granted a Town Planning Consent for a commercial kitchen on the property (application reference number (500-20-L01-8). The proposal was granted on the basis that 3 on-site car parking spaces be provided. Removal of the house from the site was approved in 2011.

Image: Approved Plan 17 August 1993



2. REPORT FILE NO: 2015-0044 APPLICANT: Kerri-Anne Chilvers RPD: Lot 6 MPH23860 SITE ADDRESS: 6-8 Lady Mary Terrace, Gympie CURRENT USE: Commercial PROPOSAL: Indoor Sport and Recreation

Food and Drink Outlet Educational Establishment Health Care Service Caretaker’s Accommodation

EXISTING ZONE: Residential Choice Zone

Image: Map of subject site

Image: Aerial Photo 2014



2.1 INTRODUCTION 2.1.1 The Proposal

The proposed development involves the redevelopment of an existing commercial building for multiple uses including:

Indoor sport and recreation facility (Zumba and yoga classes)

Food and Drink Outlet (café)

Educational Establishment (personal development workshops)

Health Care Service (consulting room for health care practitioners),

Caretaker’s Accommodation, with deck off the northern wall of the building.

The existing lawful use for a Commercial Kitchen (catering) will continue to operate. The Food and Drink Outlet is also proposed to provide for on-street dining within the footpath area, under the existing awning. The proposal is promoted as a healthy lifestyle centre including a health food and raw food café, a health care service for practitioners including naturopathy, massage etc., and educational establishment for nutrition and health workshops as well as the yoga and Zumba studio. A total of 9 car parking spaces are proposed, with the car park area requested to be planted with ground cover in lieu of sealing, indicated as being preferred for stormwater management purposes. An acoustic report has been provided which sets parameters for the use indicating compliance with the Environmental Protection Act 2008 guidelines can be achieved.

The facility is proposed to operate in accordance with the following timetable:



Proposed Timetable:



2.1.2 Proposal Plans



2.1.3 Site Description The subject site has a total land area of 650m2 and is positioned on the corner of Lady Mary Terrace and Alma Street. The site has a slight slope towards Alma Street. The building is positioned on the frontage boundary with an awning overhanging the footpath. The building has an existing area of approximately 267m2.



Images: Google Maps Street View 2015



2.1.4 Surrounding Land Uses The surrounding land uses are generally residential in nature. However, there are places of worship in the vicinity of the subject site. The Australian Hotel is also diagonally across the road to the south east (approximately 40 metres away from the southern boundary of the subject site). The heritage rail line is approximately 80 metres to the east. Notwithstanding the established non-residential uses, the planning scheme zoning surrounding the site is predominantly Residential Choice, Residential Living and Character residential. On the eastern side of the rail line, there is a large pocket of land designated for Low Impact Industry. Uses, such as a Place of Worship is a type of use that is anticipated in a residential area by the Gympie Regional Council Planning Scheme 2013 (planning scheme).

Image: Planning Scheme 2013 Zoning

Image: Places of Worship on Lady Mary Terrace



2.2.1 Compliance with the Planning Scheme

(a) Development Provisions Under the Tables of Assessment of the planning scheme, the subject application requires impact assessment, and is assessable against the whole of the planning scheme. The subject site is included within the Residential Choice Zone and is subject to a very small amount of Bushfire Hazard overlay mapping. The Bushfire Hazard mapping is not reflective of the fact that the site is clear of vegetation and located within an urban setting. The bushfire hazard is not considered to be relevant to the assessment of this application.

Image: Bushfire Hazard Overlay Map

Residential Choice Zone Code (1) The purpose of the zone is to provide for a range and mix of

dwelling types including dwelling houses and multiple dwellings supported by community uses and small-scale services and facilities that cater for local residents.

(2) The local government purpose is to facilitate an increase in residential densities in proximity to centres to take advantage of employment opportunities, infrastructure capacity, cultural and recreation opportunities and walking, cycling and public transport networks.

(3) The purpose of the code will be achieved through the following overall outcomes: a) A variety of housing choices, including multiple dwellings,

dual occupancies and dwelling houses on a range of lot sizes, is provided in appropriate locations in proximity to services.



b) Development encourages and facilitates urban consolidation and the efficient use of physical and social infrastructure.

c) Non-residential uses may be supported where such uses directly support the day to day needs of the residential community, do not detract from the residential amenity of the area and do not undermine the viability of nearby centres.

d) Development is designed to provide safe and walkable neighbourhoods.

e) The scale and density of development facilitates an efficient land use-pattern that is well connected to employment nodes, centres, open space and recreational areas, community services and educational opportunities.

f) Development achieves a high level of amenity for residents and is reflective of the intended area.

g) Development is provided with appropriate infrastructure. h) Development is established where the impacts of natural

hazards are avoided or safely managed. i) Development is reflective of and responsive to the

environmental constraints of the land.

The proposed development is considered in conflict with the purpose of the zone code for the following reasons:

The proposal is not a community use or small scale service or facility.

The proposal is marketed to cater for the broader Gympie region rather than solely for local residents, which is a commercial market beyond what is expected for the zone.

The proposed use is not residential in nature, however the applicant has demonstrated that the proposal could be compatible with a low residential character if it is limited by way of conditions to comply with an acoustic report.

Given the conflict with the purpose of the zone code, no further assessment of the application against the specific outcomes of the code is necessary. The applicant argues that the facility is small scale and compatible with the surrounding residential uses and that any impacts can be mitigated by conditions. However, this alone is not enough to overcome conflicts with the scheme. This being the case, sufficient planning grounds should be established to warrant approval of the development at this location. Strategic Framework As the application is not consistent with the purpose of the Residential Living Zone, it is necessary to consider the Strategic Framework of the planning scheme.



Under part 1.5 – Compliance with the planning scheme, the following is provided for impact assessable development:

3) The following rules apply in determining compliance with a code/s for code and impact assessable development: a. development complies with the code if it complies with the

purpose of the code; b. development which complies with the code overall

outcomes complies with the purpose of the code; c. development which complies with the performance

outcomes complies with the code overall outcomes and the purpose of the code;

d. where acceptable outcomes are identified for performance outcomes, development which complies with the acceptable outcomes complies with the performance outcomes, code overall outcomes and the purpose of the code.

4) Where development requiring impact assessment does not comply with the applicable code/s, development complies with the Planning Scheme if it is consistent with the strategic framework.

For a development proposal to be consistent with the planning scheme, it must meet the Strategic Framework in its entirety. Where an inconsistency with part of the Strategic Framework is found, grounds must be established to overcome any conflict. Assessment of the application against the Strategic Framework of the scheme has found that there are inconsistencies between the proposal and what is envisioned for the Residential Choice Zone. However, there are identified grounds that are considered sufficient to support approval of the proposal, despite the identified conflict with the planning scheme. Grounds for supporting the proposal

1. The site has historically been used for commercial purposes. Initially, Council’s records show that the site was used for a cabinet making workshop. In recent years (1993), the site was approved for a commercial kitchen with a retail component. The proposed use has elements (ie. food and drink outlet) that are closely aligned with the existing use rights associated with the commercial kitchen. Whilst more patrons are likely to visit the site as a result of the approval, there is no proposed increase in gross floor area. As the Food and Drink outlet component of the proposal is generally consistent with the type of use that has existing use rights on the property, it is considered that this aspect is able to be consistent with the residential amenity of the area, and given its size and location will likely only service local residents.

2. The proposal does not involve a full redevelopment of the site resulting in a new building that would further compromise future redevelopment potential of the site for residential uses in



accordance with the planning scheme intent. The reuse of the existing building maintains the same commercial characteristic within this locality as previously approved by Council. Use of the site in a commercial nature consistent with the original intent of the building is considered acceptable and will not prevent future redevelopment at such a time when there is a need for development of the site in a residential capacity consistent with the intent of the zone.

3. Approval of this use will not compromise Council’s ability to meet residential targets set out under the planning scheme, nor will it compromise the forecasted additional dwelling supply needed for growth as set out by the Wide Bay Burnett Regional Plan. Future redevelopment of the site (for when a need arises) for residential uses is not compromised.

4. Offsite impacts that could be potentially generated by the proposal are able to be adequately managed by way of conditions.

5. Notwithstanding the predominant character of the area, the locality is not entirely residential in nature. Residential dwelling sites are serviced by a nearby local commercial hotel, convenience store, fish and chip shop and several places of worship. The historical Gympie Fire Station is also located approximately 140 metres south of the site.

Approximately 240 metres west of the site is additional commercial zoned land (District Centre) where there is also another yoga studio which has been operating since 2002. Much of the area zoned for commercial uses contained within the District Centre Zone on Alma Street are already developed to include uses such as indoor sport and recreation and a child care centre, with capacity for further growth of the District Centre to the north on the corner of Alma Street and Mellor Street. Whilst the use is not directly located within the District Centre, its location is only 200 metres away from the zoning. The proposed use provides for alternative uses that will not inhibit the continuation of the existing land uses already established on Alma Street. Further, some of the proposed uses are also impact assessable in the Principle Centre Zone, not contemplated development in this zone (under the planning scheme) and will not impede the function and viability of trade within the Mary Street Town Centre.



6. The building already presents to the street frontage as a commercial premises. It is not considered that the material change of use (which will affect the internal use of the building) will further detract from the visual amenity of the area.

7. New Indoor Sport and Recreation facilities are not contemplated or designated development anywhere specifically within the planning scheme. The current zoning maps only recognise existing facilities. As such, this type of development is always impact assessable. The proposal in conjunction with the additionally proposed uses including health food shop, health care service and educational establishment) is focused on healthy eating and health education and will promote an active and healthy lifestyle for locals, on a site that is easily accessible for locals. The site is also within a large residential catchment and able to encourage pedestrian traffic.

Section 3.7 of the Strategic Framework of the planning scheme, and in particular Element 3.7.2 (1) and Specific Outcome 3.7.3(f) discuss the following outcomes:

3.7.2 Elements 3.7.3 Specific outcomes (1) Serviceable communities – urban development promotes a mix of housing types, dwelling densities and a mix of retail, commercial, service, community and entertainment uses to residents within a short commute.

(a) New development does not result in isolated or poorly serviced communities;

(b) Expansion or further subdivision of existing rural residential communities at Curra, The Palms and Widgee is not supported;

(c) Existing communities have enhanced access to community services that is



3.7.2 Elements 3.7.3 Specific outcomes commensurate with anticipated demand;

(d) Larger lot developments occur in close proximity to existing urban areas and their associated services;

(e) Expansion or further subdivision of land near District Centres or coastal settlements may be contemplated where there is sufficient physical and social infrastructure;

(f) The provision of recreational and open space facilities provides increased opportunities for social interaction;

(g) Opportunities for the enhancement of community and social services proportionate to existing demand and that created by new development are facilitated in the Cooloola Coast district;

(h) New development should be suitably integrated with existing development in relation to road, public and active transport networks, open space linkages and access to community facilities and employment opportunities.

It is considered that the proposal will function as a meeting point to service the local residents and provide desirable opportunities for social interaction as required by this section of the planning scheme.

2.2.2 Grounds provided by the applicant In addition to assessment undertaken by Council officers, the applicant has provided additional grounds to support the proposal including:



The abovementioned points are considered to generally be valid grounds to support the proposal. The fact that the proposal is a unique community facility that can service the local residents is a positive aspect to the application, and responds to a community need, where no other health centre facility of this type exists within the Gympie region. Further to that, the location of the site with an existing commercial building that is already serviced by reticulated sewer and water, and safe access points for vehicular traffic means that conflict with the planning scheme is also lowered because the site is not being redeveloped and further stifling long-term future development of the site consistent with the purpose of the Residential Zone Code.

2.3 Aspects of the development Caretakers Dwelling The development proposes an addition to the caretakers dwelling in the form of a deck extending out to the northern lot boundary. The deck will not have a setback to the street frontage. Timber screening is proposed along the Lady Mary Terrace street frontage is proposed.



The deck does not comply with the setbacks as listed in acceptable outcome AO1.7, AO1.8 and AO1.9 of the Residential Choice Zone Code which require street frontage setbacks of 6 metres and 4.5 meters. The existing character of the building is built to the boundary of the main street frontage (Lady Mary Terrace) with a partial setback of about 3 metres to the secondary frontage (Alma Street). Considering that the existing building is already located close to the existing street frontage, and that the deck itself is a light-weight and permeable structure, it is not considered that the deck will be visually imposing or worsen visual amenity for surrounding residents. As such, a zero setback for the proposed deck is supported. Car Parking Area A total of nine car parking spaces are proposed for the site as per the following plan:

Under table 9.6 of the Infrastructure and Operational Work (excluding Advertising Device) Code, car parking requirements for the proposed uses are calculated as follows:

Educational Establishment – Sufficient spaces for the nature and scale of the use

Food and Drink Outlet – 1 space per 30m2

Health Care Service – 1 space per 30m2



Indoor Sport and Recreation - Sufficient spaces for the nature and scale of the use

Caretaker’s Accommodation - Sufficient spaces for the nature and scale of the use, however, other areas of the planning scheme (ie. Rural zone code where this use is self-assessable), refer to a caretaker’s accommodation being provided with 1 parking space.

Commercial Kitchen – This use was granted approval by Council (Town Planning Consent granted on 17 August 1993 – file reference: 500-20-L01-8) with the requirement of 3 parking spaces. As this existing use is now proposed to be used interchangeably with the Food and Drink Outlet, it is considered that parking needs for these two uses can be combined.

Car parking for the proposed uses can be calculated as follows: Food and Drink Outlet 87.35m2 ÷ 30 m2 = 2.9 spaces

Total : 3 spaces Health Care Service 15.9 m2 ÷ 30m2 = 0.06 spaces

Total : 1 space Caretaker’s Accommodation Total : 1 space

Indoor Sport and Recreation

For the Indoor Sport and Recreation facility, the applicant has identified that the classes held as part of this facility will facilitate a maximum of 6 patrons. In consideration that most people would drive to the classes, it is considered acceptable to have 1 space per patron, or 6 spaces. Total : 6 Spaces

Educational Establishment

This use will be utilised in 2 ways. First, the applicant proposes to hold hour-long workshops with up to 5 patrons approximately 3 times per week. Secondly, the applicant also proposes to hold larger meetings with up to 40 patrons. However, the frequency of these meetings is proposed to be held only on a bi-monthly basis, and after normal operating hours for the rest of the facility. Total : 5 Spaces or occasionally 40 Spaces

For the full maximum use of the site, the uses all together attract a car parking need of around 16 spaces. This does not include the additional parking for times when the meetings are being held with up to 40 patrons after hours. To demonstrate that all parking needs will not be required at the same time, the applicant has provided a time table of when uses will either overlap or operate independently.



Based on the time table of operating hours, it is identified that the maximum car parking need generally generated on site will be between the hours of 9am to 4pm Monday to Thursday when the café is operating at the same time when a workshop (of about 5 patrons may also be held), as well as when the Health Care Service (one on one consultations) and caretakers will also be operating. It is calculated that the maximum car parking need during this time is as follows: 3 – Food and Drink Outlet 1 – Caretaker’s Accommodation 1 – Health Care Service + 5 – Educational Establishment 10 spaces in total In consideration that the need for 5 spaces for the workshop is infrequent and only required for one hour, approximately 3 times per week, the lack of 1 car space is not an unacceptable impact and may infrequently cause a small overflow of street car parking (1 space as per the generation rates of table 9.6). At other times of operation during daytime hours, the combination of uses on site is always less than this number, and able to be accommodated by the 9 provided spaces. It is also noted that the Educational Establishment is proposed to be used once every second month for larger meetings of up to 40 patrons. At this time, the only other use operational on site will be the caretaker’s accommodation, which would need one parking space. As the meetings are to be held during evening hours, it is anticipated that most traffic would drive to the site and cause a parking demand of up to 40 vehicle spaces, with availability of 8 spaces. This may generate vehicle overflow of about 32 spaces. The planning scheme does not give clear guidance on parking requirements for Educational Establishments such as the type proposed. As a comparison, the car parking needs for this aspect of the use may operate similar to a place of worship. This is where generally all patrons would arrive to the site at around the same, stay for several hours and then leave around the same time to attend the same session. Table 9.6 of the planning scheme for minimum vehicle parking requirements suggests a car parking rate for places of worship at 1 space per 30m2 gross floor area, plus space per 10 people able to be seated. At this rate, the total required car parking for the educational establishment will be:

Gross floor area: 96.7m2 ÷ 30m2 = 3.2 (4 spaces)

40 patrons ÷ 1 space per 10 patrons = 4 spaces Total spaces = 8 spaces.



It is considered that the Educational Establishment (whilst a different use) will have similar parking needs to that of a Place of Worship. As per table 9.6 the planning scheme, a total of 8 spaces would be required for a new Place of Worship of a similar size/congregation to be established. As such, it is considered to be justifiable to allow the infrequent evening meetings associated with the Educational Establishment to be conducted on the basis of the provided car parking spaces. However, this component of the use should be limited in numbers, frequency and hours of operation by conditions of approval that reflect the proposal in order to limit any conflicting car parking needs with the other uses, and potential impact on the neighbouring residential amenity.

Footpath Dining As part of the application, the proposal includes on street dining for under the awning at the frontage of the property (Lady Mary Terrace). It is considered that the inclusion of on street dining in this location would have a positive influence on the social atmosphere of the locality, and encourage interaction by local residents. It is noted that in order for footpath dining to be undertaken lawfully, the applicant must obtain an approval from Council’s Local Laws Department for ‘Undertaking a Regulated Activity on Local Government Controlled Area or Road’. It is further noted that the current state of the footpath is in need of maintenance, and such maintenance works will need to be undertaken by Council. If the applicant requests to upgrade the footpath to a higher standard, an operational works application can be lodged in the future and additional works can be undertaken at cost to the applicant.



Images: Footpath along Lady Mary Terrace Acoustic Attenuation As part of the response to the request for information, the applicant has provided an acoustic report to address the potential impacts on the local residential amenity. Assessment of the proposal by the appointed acoustic and environmental noise consultant has found that the proposed uses will have some potential acoustic impacts on the neighbouring residents, without acoustic treatments. In order to overcome the possible impacts, the consultant’s report recommends that an impervious acoustic barrier be installed on the boundary in accordance with the following diagram:

Image: Acoustic Barrier Plan 10 May 2015, as recommended by Acoustic Consultant David Moore and Associates

The recommended acoustic barrier includes a combination of a 1.8 metre high fence on the eastern boundary, with a 2.4 metre high fence



on the southern boundary near to the car parking area, and a 1.8 metre high fence partially along Lady Mary Terrace. Further, the acoustic report also recommends limiting outdoor uses until 10pm in order to avoid acoustic impacts from use of the car parking and external areas. As such it is recommended that conditions be included in the approval to ensure that the acoustic fence is constructed, landscaped to soften the built form, and that all uses on site cease by 10pm to avoid impact on the residential properties near to the subject site.

2.4 Infrastructure Charges Infrastructure Charges have been calculated on the bases of the following gross floor areas:

Use Gross Floor Area Adopted Charge

Caretaker’s Accommodation

27.6m2 $10,612.00


96.7m2 96.7 X 106.10 $10,259.87

Food and Drink Outlet 107.35m2 - 83.61m2 (existing use)

23.74m2

23.74 X 95.50 $2,267.17

Health Care Service 21.63m2 21.63 X 74.25 $1,606.03

Education Establishment 96.7m2 Nil

It is noted that the bathroom area has been attributed to the Food and Drink Outlet. This is because this formed part of the original Council approval for the commercial kitchen. A credit of 83.61m2 of gross floor area has been credited to the Food and Drink Establishment as this part of the existing building has existing use rights. 2.5 Public Consultation

The application was publically advertised from 11 June 2015 through to 8 July 2015. One submission was received in support of the proposal, subject to the building being able to provide for disability access needs. The subject use, if approved, will need to obtain a building approval for the changes to the building. Through this process, any outstanding access needs will be resolved to ensure the building complies with the Australian Standards.



3. BUDGET IMPLICATIONS The footpath along the Lady Mary Terrace road frontage is included as planned future trunk infrastructure, although existing. As such, it is Council trunk infrastructure that must be maintained and upgraded (in accordance with Council’s Priority Infrastructure Plan [PIP]). The footpath is currently in need of repair, as there are trip hazards evident. It is recommended that the required footpath repairs be scheduled and undertaken by Council in accordance with the standards identified within the Local Government Infrastructure Plan.

4. POLICY IMPLICATIONS Nil

5. CONSULTATION 5.1 Design Services Access Roads Lady Mary Terrace is approximately 11 metres sealed width fully constructed road with kerb and channel and is adequate for the purposes of the development. The development is sited on a bend in Lady Mary Terrace and the applicant has proposed that a “small traffic island” be placed on the roadway at the bend to force vehicles further out into the roadway and away from the footpath. While it is understood why the applicant is requesting this, there isn’t enough road width (on-street parking on the opposite side of the road) to fit a traffic island without compromising road safety so this request for a small traffic island should be denied. An existing access is located on Alma Street. However, the applicant has proposed to convert this area into a car parking space.



Footpath & Al-Fresco Dining Area The footpath is currently uneven and in poor condition as a result of trenching for services. The footpath to the lot frontage on Lady Mary Terrace should be repaired by Council and resurfaced with asphalt. Car Parking There is no on-road car parking on the development side of Lady Mary Terrace but parking is allowed on the opposite side of the street. For on-site parking the applicant proposes to access in and out of the car park from one access on Lady Mary Terrace. There is another access to Alma Street but this access is not proposed to be used as access to the car parking area. The applicant has proposed to use a concrete grid system for paving the car parking area that allows grass to grow through the open parts of the grid. This is considered acceptable based on the pavers being installed and maintained in accordance with the manufacturer’s specifications and long-lasting delineation of the parking bays being implemented. Sealing will likely still be required for the accessible car park and access to the building to comply with nominated standards. Services The site is serviced by mains water, reticulated sewerage, electricity and telecommunications. Flooding The development site is not affected by any flood overlays.

6. CONCLUSION The subject development application is for a mixed use facility incorporating a Food and Drink Outlet, Caretaker’s Accommodation, Health Care Service, Educational Establishment and Indoor sport and Recreation Facility. Some conflict with the planning scheme has been identified. However, the following grounds have been established to support approval of the uses despite the conflict:

1. The site has historically been used as a commercial building. The proposed use has elements (ie. food and drink outlet) that are closely aligned with the existing use rights associated with the commercial kitchen. Whilst more patrons are likely to visit the site as a result of the approval, there is no proposed increase in gross floor area. As the Food and Drink outlet component of the proposal is generally consistent with the type of use that has existing use rights on the property, it is considered that this aspect of the use able to maintain the residential amenity of the area.



2. The proposal does not involve a full redevelopment of the site resulting in a new building that would further compromise future redevelopment potential of the site for residential uses in accordance with the planning scheme intent. Use of the site in a commercial nature consistent with the original intent of the building is considered acceptable and will not further inhibit future redevelopment at such a time when there is a need for development of the site in a residential capacity consistent with the intent of the zone.

3. The building already presents to the street frontage as a commercial premises. It is not considered that the material change of use (which will affect the internal use of the building) will further detract from the visual amenity of the area.

4. Notwithstanding the predominant residential character of the area, the locality is not strictly residential in nature. Residential dwelling sites are serviced by a nearby local commercial hotel, convenience store, fish and chip shop and several places of worship. The historical Gympie Fire Station is also located approximately 140 metres south of the site. The proposed use can meet public expectations for maintaining the existing residential amenity.

5. Approval of this use will not compromise Council’s ability to meet residential targets set out under the planning scheme, nor will it compromise the forecasted additional dwelling supply needed for growth as set out by the Wide Bay Burnett Regional Plan. Future redevelopment of the site for residential uses (when a need arises) is not compromised.

6. Offsite impacts that could be potentially generated by the proposal are able to be adequately managed by way of conditions.

7. New Indoor Sport and Recreation facilities are not designated development anywhere specifically within the planning scheme. The current zoning maps only recognise existing facilities. As such, this type of development is always impact assessable. The strategic Framework of the planning scheme identifies that recreation facilities within a reasonable proximity to residential areas are desirable. The proposal in conjunction with the additionally proposed uses including health food shop, health care service and educational establishment) is focused on healthy eating and health education and will promote an active and healthy lifestyle for locals, on a site that is easily accessible for locals. The site is also within a large residential catchment and able to encourage pedestrian traffic.



M04/08/15 Moved Cr IT Petersen Seconded Cr WR Leitch That Council as Assessment Manager resolves to APPROVE Development Application 2015-0044 for a Development Permit for making a Material Change of use to establish a Food and Drink Outlet, Caretaker’s Accommodation, Health Care Service, and Educational Establishment at 6-8 Lady Mary Terrace, Gympie subject to the following conditions: Assessment Manager Conditions The following conditions must be complied with prior to the commencement of the use: Approved Plans 1. The development is to be undertaken generally in

accordance with the approved plans outlined in Section 3 of this Decision Notice. Plan Number

Title Drawn By Date

09704-1 Rev F

Site Layout

Mary Valley Design and Drafting

2 July 2015

09704-3A Rev F

Use Areas Mary Valley Design and Drafting

2 July 2015

09704-4 Rev F

Elevations Mary Valley Design and Drafting

2 July 2015

09704-5 Elevations Mary Valley Design and Drafting

2 July 2015

Access 2. Access to the Lady Mary Terrace frontage of the proposed

development is to be constructed in accordance with the requirements of Council’s Infrastructure and Operational Work Code – Drawing No. R-05.

Hours of Operation 3. Hours of operation shall be as follows:

a) Food and Drink Outlet - from 7.30am to 4.00pm, b) Health Care Service - from 9.00am to 4.00pm Monday to

Friday, c) Educational Establishment - from 9.00am to 4.00pm,

Monday to Thursday, and Sunday, and 5.30 to 10.00pm on Friday, and

d) Indoor Sport and Recreation – from 4.30pm to 8 pm Monday to Thursday, July 23, 2015.



unless otherwise approved by Council. 4. To remove any doubt, the use must operate in accordance

with the approved timetable schedule ‘Operating Hours of Uses’, as attached to the Decision Notice.

5. Meetings or activities held on the premises after 5.30pm are limited to a frequency of once per month.

Acoustic Fence 6. The applicant must construct an acoustic barrier on the

perimeter of the property as follows: a) 2.4 metres high on the southern boundary b) 1.8 metres high on the western boundary c) 1.8 metres high at the eastern end of the car park. and constructed in accordance with the approved plan titled “figure 4 – Location and height of acoustic barriers” dated 15 May 2015, and prepared by David Moore and Associates Pty Ltd.

7. The acoustic barrier must be the nominated height relative to the current ground level, be continuous and gap free and have a minimum surface area density of 10kg/m2. The fence must be constructed out of one or more of the following materials: Reinforced concrete Concrete block Brick Hebel panel Lapped timber palings that are either a minimum of

15mm thick and overlapped by a minimum of 25mm, or at least 19mm thick and overlapped by a minimum of 15mm.

Car Parking 8. A minimum of one (1) accessible parking bay is to be

provided on-site, which complies with the requirements of AS 2890 particularly, but not limited to gradient, dimension and signage.

9. A continuous path of travel between the accessible parking bay and the main entrance of the building must be provided, which complies with AS 1428.1; including construction of the finished ground surface from slip-resistant materials and a continuous minimum clear width of 1000mm.

10. Car parking and access areas shall be designed, drained, constructed and maintained in accordance with AS2890.1 Off-street parking. The use of Turfstone or Eco Grid permeable pavement treatment is considered acceptable in lieu of sealing (excluding the accessible space), subject to installation in accordance with manufacturer’s specifications



and long-lasting delineation of the parking bays. The pavement treatment must be planted with durable and clumping (non-spreading) grass cover that must be established and maintained for the life of the development.

11. A minimum of nine (9) parking spaces must be provided on site.

12. Any change of use of the site from that herein approved will necessitate recalculation of car parking requirements.

13. Loading/unloading operations shall be conducted within the site and vehicles waiting to be loaded / unloaded shall stand entirely within the site.

14. Prior to commencement of the work an application for compliance assessment is to be submitted for the proposed car parking and works to construct bollards on the footpath for the development, demonstrating compliance with Council’s Infrastructure and Operational Work (excluding Advertising Device) Code and relevant conditions of this approval.

Works for Infrastructure 15. Undertake at no cost to Council, the alteration of any public

utility mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or any associated construction works external to the site.

16. Where any works associated with this development approval are to be carried out on Council controlled land, such as road, park, drainage reserves, footpath, or the like, a Traffic Management Plan shall be submitted to Council for review prior to the car parking and footpath works compliance assessment.

17. The approved Traffic Management Plan shall be constantly reviewed and revised throughout the construction phase of the project.

18. Any plans/construction for infrastructure works or other civil works required by this development permit, are to surveyed, designed and constructed in accordance with Council’s Infrastructure and Operational Works (excluding Advertising Device) Code.

19. Prior to commencement of the use the following are to be provided in accordance with the Environmental Protection (Waste Management) Regulation 2000:

(i) approved refuse containers; (ii) a centralised refuse storage enclosure comprising an

imperviously paved area provided with a hose cock and hose;

(iii) drainage designed to prevent stormwater entering Council’s sewer.



20. The waste storage area is to be of sufficient size to house all mobile garbage (wheelie) bins including recycling bins.

21. Any discharges of Trade Waste generated by the development approved herein shall be treated in accordance with Council’s Trade Waste Environmental Management Plan.

22. A landscape plan, prepared in accordance with Planning Scheme Policy 1: Development Standards is to be submitted to and approved by Council.

23. Landscaping adjacent to the acoustic fence must incorporate planting at a minimum density of 2.0 metres that achieves a minimum height of 2.0 metres, as well as a mix of ground cover and small shrubs.

24. Landscaping works are to be completed in accordance with the approved landscape plans.

25. Infrastructure charges are payable as follows, but will be subject to indexation annually on 1 July:

Adopted

Infrastructure Charge Category

Network Current Amount

Residential Water Supply $3,183.60 Residential Sewerage

System $3,183.60

Residential Roads $3,183.60 Residential Parks $1,061.20

TOTAL $10,612.00 Adopted

Infrastructure Charge Category


Commercial (Retail)

Water Supply $680.40

Commercial (Retail)

Sewerage System

$680.40

Commercial (Retail)

Roads $907.20

TOTAL $2,268.00

Adopted Infrastructure

Charge Category


Essential Service Water Supply $481.80 Essential Service Sewerage

System $481.80

Essential Service Roads $642.40 TOTAL $1,606.00




Charge Category



Water Supply $3,078.00


Sewerage System

$3,078.00


Roads $4,104.00

TOTAL $10,260.00

Ongoing Conditions 26. The landscaping shall be maintained (watering, fertilising,

mulching, weeding, and the like) at all times. Carried




5.2 Development application for making a Material Change of Use to establish an Outdoor Sport and Recreation Facility (Noosa Equestrian Centre) and Tourist Park (camping) located at Lot 8 RP36943 - 1295 Noosa Road, Tandur



AUTHOR: Planning Officer - J Engle


1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Nil

2. REPORT FILE NO: 2014-1313 APPLICANT: Sunshine Coast Project

Management RPD: Lot 8 RP36943 SITE ADDRESS: 1295 Noosa Road, Tandur CURRENT USE OF LAND: Rural PROPOSAL: Outdoor Sport and Recreation

(Equestrian Centre) Tourist Park (Ancillary Campground) EXISTING ZONE: Rural APPLICATION ADVERTISED: 9 April 2015 ADVERTISING CLOSED: 8 May 2015 SUBMISSIONS RECEIVED: Two (2)



Image: Site Location

Images: Aerial Photo 2014



Image: Covered Arena (Image from the Gympie Times)

Image: Horse Yards

Image: Entry Signage to property

2.1 INTRODUCTION 2.1.1 The Proposal

The applicant seeks approval for an Outdoor Sport and Recreation Facility (Equestrian Centre) and a Tourist Park for ancillary camping.

https://www.google.com.au/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&uact=8&ved=0CAcQjRxqFQoTCOST7YvG8MYCFSZQpgodgzwPmg&url=https://www.youcamp.com/properties/268&ei=PH-wVeSFKKagmQWD-bzQCQ&psig=AFQjCNEvJuJDjMnxPb0gdIpaq2hSPsPkng&ust=1437716627545749



The proposal is for the facility to be used for equestrian related events throughout the year involving competitions and training. The proposed uses involve the following:

Covered sand arena 60m x 20m

Uncovered sand arenas and grassed arenas

Cross Country Course

Public viewing area

Building for office and amenities

Stable block

Relocatable holding yards

Camping areas for event attendees Access to the proposed facility is via the existing driveway located at the northeast boundary of the subject site. Use of the facility is proposed to generally occur on weekends for holding 1-3 day competitions of varying size. The applicant proposes to hold these types of events on a monthly basis, with smaller training events also happening between the larger competitions. It is anticipated that generally events will be from approximately 30 to 150 competitors, with the possibility of more patrons at very large competitions. However, events of this scale would be infrequent and likely only to only occur once per year. Traffic generation for this facility is anticipated to generally be approximately 60 vehicle trips per day, and spread over the course of the time schedule of the event (due to a variety of classes and competition levels making up each event). As such, traffic arrival and departure will be staged over the course of each event. This is confirmed by a traffic report provided by the applicant, as well as traffic and camping site counts undertaken by the applicant’s consultant during recent events held on-site. Traffic generation is discussed in detail further in this report. Proposal Plans



2.1.2 Site Description The subject site is a large rural property located on the corner of Madill Road and Noosa Road. The site is western facing, and has an area of 76.336 hectares. There is slightly undulating topography. There is a large electrical easement running through the rear portion of the property. A creek also runs through the property. The site has already been developed with much of the facility, which has previously been used for private purposes. In recent times, trial competitions have been held which has led to the requirement for a development approval. 2.1.3 Surrounding Land Uses The surrounding land uses are rural in nature. The site is surrounded by agricultural activities. 2.2.0 STATUTORY REQUIREMENTS The site is completely located within the Rural Zone. Whilst the proposed use is impact assessable as determined by the planning scheme, the nature of the use (being an equestrian centre) is considered to be compatible and desirable in a rural setting. Further, the scale of the use (particularly for cross country purposes) has a locational requirement and needs a large land holding to function. The site is encumbered by the following overlay maps:

Flood Hazard

Bushfire Hazard

Conservation Significant Overlay

Good Quality Agricultural Land



Image: Planning Scheme 2013 Zones

Image: Conservation Significant Overlay Map



Image: Bushfire Hazard Overlay Maps

Image: GQAL and Flood Hazard Overlay Maps

2.2.1 Purpose of the Zone

(1) The purpose of the zone is to: (a) provide for a wide range of rural uses including cropping,

intensive horticulture, intensive animal industries, animal husbandry, animal keeping and other primary production activities;

(b) provide opportunities for non-rural uses that are compatible with agriculture, the environment, and the landscape character of the rural area where they do not compromise the long-term use of the land for rural purposes; and



(c) protect or manage significant natural features, resources, and processes, including the capacity for primary production.

(2) The local government purpose of the code is to support the economic viability of a broad range of existing and new agricultural and pastoral land uses, complemented by non-rural uses that are intrinsically linked to rural activities. Development is consistent with the rural character and amenity and the natural values of the area.

(3) The purpose of the code will be achieved through the following overall outcomes:

(a) The establishment of a wide range of rural pursuits is facilitated, including cropping, intensive horticulture, intensive animal industries, animal husbandry and animal keeping and other compatible primary production uses.

(b) Development embraces sustainable land management practices and contributes to the amenity and landscape of the area.

(c) The establishment of outdoor recreation and small scale tourism facilities in suitable locations is facilitated only where they do not compromise the use of the land for rural activities.

(d) On farm value adding in the form of small scale agri-tourism is supported where associated with the rural use of the site.

(e) Residential development is appropriate only where directly associated with the rural nature of the zone.

(f) Uses that require isolation from urban areas as a consequence of their impacts such as noise or odour may be appropriate where land use conflicts are minimised.

(g) Areas of good quality agricultural land, strategic cropping land and land for primary production are conserved and are not unnecessarily fragmented.

(h) Water supply catchments are protected from activities that may endanger water quality.

(i) Extractive industries may be established on land other than good quality agricultural land or strategic cropping land.

(j) Aviation related land uses including residential air parks may be supported within the Aerodrome Precinct at Kybong where land use conflicts are appropriately managed.

(k) Natural features such as creeks, gullies, waterways, wetlands and bush land are retained, managed, enhanced and separated from adjacent development where possible.



(l) Infrastructure is provided at a standard normally expected in rural locations.

2.2.2 Assessment against the Planning Scheme 2013 (a) Scheme Definition Under the planning scheme, the uses are defined as follows: Outdoor Sport and Recreation Premises used for a recreation or sport activity that is carried on outside a building, requires areas of open space and may include works necessary for safety and sustainability. The use may include limited provision of ancillary facilities or amenities conducted indoors.

Tourist Park Premises used to provide for accommodation in caravans, self-contained cabins, tents and similar structures for the public. The use may include a manager’s residence and office, kiosk, amenity buildings and the provision of recreation facilities for the exclusive use of occupants of the caravan park.

(b) Development Provisions This application is identified as being impact assessable and is therefore assessable against the whole of the planning scheme. However, although the use is not specifically a rural use, it is considered to comply with the purpose of the Rural Zone Code as follows:

provide opportunities for non-rural uses that are compatible with agriculture, the environment, and the landscape character of the rural area where they do not compromise the long-term use of the land for rural purposes; and

protect or manage significant natural features, resources, and processes, including the capacity for primary production.

The establishment of outdoor recreation and small scale tourism facilities in suitable locations is facilitated only where they do not compromise the use of the land for rural activities.

The use is closely associated with animal industries which are expected and desirable within the Rural Zone. Although it is outdoor sport and recreation in nature proposed on Good Quality Agricultural Land, there is a lack of built form which will not inhibit the maximum use of the land for future agricultural purposes. The proposal is considered to be able to operate consistently with the types of uses intended within a rural area. The proposed use does not involve removal of vegetation within the Conservation Significant overlay mapped area. Further, the nature of the use is anticipated to have community benefit for the Gympie Region through the promotion of sport and tourism to



the wider community. A facility of this caliber will provide a quality facility and promote visitation and some economic growth for the region. 2.2.4 Access and Car Parking The proposal maintains the existing approved access points. No safety issues have been identified by the increased traffic using the driveway. The applicant has not provided a car parking plan as part of the application material. The anticipated traffic as identified by the provided traffic report suggests that the use will generate approximately 60 vehicle trips per day during larger events. The planning scheme does not identify a parking rate for such uses. However it does recommend that sufficient spaces be provided to accommodate the scale of the use. As such, it is recommended that prior to the commencement of the use (next event to be held on site) the applicant provide a car parking plan to formalise 60 long vehicle spaces to accommodate the type of traffic and number of vehicles likely to be generated by the uses. The development is approximately 15 kilometres south-east of Gympie and has road frontage to Noosa and Madill Roads. Traffic to the development will travel south from Gympie or north from Cooran on Noosa Road or leave the Bruce Highway at Traveston and use Tandur and Noosa Roads. Noosa Road is sealed to 4.5 – 5.0 metres width north of the development and approximately 4.5 metres gravel standard south of the site. Tandur Road is gravel standard for approximately 935 metres from its intersection with Noosa Road and has sharp curves and poor sight visibility at the approaches to the bridge over Six Mile Creek. Sight distance, curve width and delineation at the bridge and approaches is currently sub-standard for the expected use of the development and should be upgraded as a condition of approval. The works considered necessary to Tandur Road are:

Resheet Tandur Road with gravel and associated drainage works from the Meads Road intersection to the bridge over Six Mile Creek at an approximate cost of $34,000;

Curve widening, sight visibility benching, vegetation clearing and associated pavement and drainage works at the eastern approach to the bridge over Six Mile Creek at an approximate cost of $37,000;

Install various delineation and hazard markings to the bridge and approaches to Six Mile Creek at an approximate cost of $3,000.

A previously approved development for a camping ground in the vicinity of the development site (Cobb and Co) was also conditioned to resheet Tandur Road and is understood to be progressing this work in accordance with their compliance program.



2.3 Traffic Generation and Distribution The applicant’s consultant has provided traffic generation figures that indicate that there will be approximately 60 vehicles per day generated over 2 or 3 days during events. The vehicle types are expected to range from 10 tonne trucks towing goose neck trailers carrying up to 7 horses, cars and four wheel drives with trailers carrying up to 6 horses and semi-trailers carrying up to 10 horses. Most vehicles are expected to be cars and four wheel drives towing horse floats. Approximately 70% of vehicles are expected to use Noosa Road either from Gympie or Cooran and 30% will use Tandur Road to access the site. For major events, it will be conditioned that the applicant has a traffic management plan designed and implemented. The traffic management plan should take into account any signs, devices or personnel needed to direct traffic external and internal and is to comply with the provisions of the Manual of Uniform Traffic Control Devices (MUTCD). 2.4 Flooding Although there has been no specific flood study done for the Tandur area, Queensland Reconstruction Authority (QRA) flood mapping exists over the northern portion of the site. To manage the risks of flooding, it should be conditioned that a flood evacuation plan is prepared and implemented. 2.5 Services The site is not serviced by mains water or reticulated sewerage but electricity and telecommunications are connected to the site. 2.6 Public Consultation The subject development application was publicly advertised. In response to the notification, two submissions were received. Responses to the concerns raised are detailed as follows:

Issue Officer comment Concern of dust created by increased traffic.

The applicant has provided Council with a traffic engineering report to address traffic generation as a result of the proposal. Council’s Design Services section has also reviewed the application material and has provided a recommendation for road upgrades to improve traffic conditions. Specific road upgrades are discussed further in this report. Such works will make the road safer for the types and number of anticipated vehicles.



The applicant has also agreed to advertise access to the site to be via Noosa Road to the north of the property to help limit the number of vehicles using the unsealed section of Noosa Road, and Tandur Road.

Repairs to Bridge considered necessary to facilitate additional traffic

Council has recently undertaken upgrades to the bridge. These works will also be considered in conjunction with the recommended works for the applicant to undertake, and will improve overall safety for the area.

Concern of noise impact to be created by PA system

The noise generated by the PA system will be limited by way of conditions to day time hours. It is also anticipated that use of this system will only be necessary for large or major events on-site which will be held infrequently and. As such, it is not expected that the infrequent use of the PA system will cause an unacceptable impact.

2.7 Infrastructure Charges The subject application is for an Outdoor Sport and Recreational Facility. Under Council’s Adopted Charges Resolution 2015, the applicable rate to an outdoor sport and recreation facility is to be determined by Council upon assessment of the use. Under the charges resolution, most charges rates are calculated on the basis of the amount of Gross Floor Area generated by the development. The proposal has minimal gross floor area which is attributed to the amenities and office, and is approximately 175m2. The 2015-2016 adopted charges resolution recommends a rate of $10.60/m2 for high impact rural uses and indoor sport and recreation facilities. It is considered that this charge is a reasonable basis for calculating charges for the proposal. Although not strictly recommended for outdoor sport and recreation, the rural setting and sporting nature of the proposal is relevant. If this rate is applied, the total charges would be as follows: 175 x $10.60 = $1,855 As the site is not connected to reticulated sewer and water services, a 50% reduction should apply and the total charge would reduce to $927.50.



This rate is considered acceptable based on the extent of road upgrades considered necessary to facilitate the development, which will contribute to improvements for the road network consistently with the purpose of a trunk infrastructure charge. As the Tourist Park is an ancillary use and strictly limited to provide accommodation for patrons of the sporting facility, it is not recommended that an infrastructure charge apply.

3. BUDGET IMPLICATIONS Nil


5. CONSULTATION Design Services

6. CONCLUSION The subject development application is for an outdoor sport and recreation facility (equestrian centre) and tourist park (ancillary camping) at 1295 Noosa Road, Tandur. The proposal involves a number of elements including a cross country course, outdoor arenas, an indoor arena, stabling, a campground and amenities buildings. The site is included within the Rural Zone of the planning scheme and is affected by the flood hazard overlay in the northern section, and is Good Quality Agricultural Land. The equestrian centre includes small training events to be held frequently (up to 30 participants) on a weekly basis, larger competitive events on a monthly basis, and major events annually. The proposed use of the site is expected to have some traffic impacts. These include traffic safety, dust, and noise. Whilst the identified impacts are noted, it is considered that with appropriate conditions, such impacts can be mitigated. In particular, some road upgrades are warranted to ensure safe use of Tandur Road. Further, the applicant has agreed to encourage users to access the site via the sealed section of Noosa Road, to alleviate traffic impacts on the unsealed section of Noosa Road, and Tandur Road. This will also help to limit the creation of dust nuisance in the area. Noise generated by the use is predominantly expected to be generated by the public address system. This is recommended to be limited to day time hours to reduce impacts. With respect to flood risk, a flood evacuation plan is recommended to be conditioned to reduce risks to patrons of the events. In summary, the proposal is considered appropriate for the site and an appropriate use that will work well in a rural setting in conjunction with existing agricultural uses. It is recommended that Council approve the application, subject to conditions.



M05/08/15 Moved Cr IT Petersen Seconded Cr JA Walker That Council as Assessment Manager, APPROVES development application 2014-1313 for a Material Change of Use to establish an Outdoor Sport and Recreation Facility and Tourist Park at 1295 Noosa Road Tandur, subject to the following conditions: Assessment Manager Conditions The following conditions must be completed prior to the commencement of the use: 1. The development is to be undertaken generally in

accordance with the approved plans outlined in Section 3 of this Decision Notice. Plan No. Title Drawn By Date D-01678-01-A

Development Summary

Martoo consulting

22 September 2014

2. Prior to the commencement of the use, the applicant must

provide a car parking plan demonstrating a minimum of 60 designated long vehicle parking vehicle spaces.

3. Use of the public address system is limited to the hours of 7am through to 6pm.

4. All night lighting must be designed and constructed to the

satisfaction of Council’s Chief Executive Officer so that light emitted from the subject land does not, in the opinion of the Council, cause nuisance or annoyance to residents or traffic in the immediate vicinity.

5. The use herein approved may not commence until a

Development Permit for Operational Work (Roadworks (benching, gravel re-sheeting, vegetation clearing and associated drainage works) & Signage Works) has been issued and complied with as required.

6. Undertake at no cost to Council, the alteration of any public

utility mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

7. Stormwater is to be disposed of on-site so as to cause no

scour or damage to adjoining properties to the satisfaction of Council’s Chief Executive Officer.

8. Any plans/construction for infrastructure works or any

other civil works required by this development permit, are to surveyed, designed and constructed in accordance with Council’s Infrastructure and Operational Works (excluding



Advertising Device) Code.

9. At the one lane bridge over Six Mile Creek on Tandur Road install two width markers (D4-3B) at the approaches to the bridge and 10 Road Edge Guide Posts (REGP’S) on the bridge in accordance with the MUTCD and the RoadPro Traffic Engineering Report dated March 2015.

10. Tandur Road is to be re-sheeted with gravel and associated

drainage works carried out from the Meads Road intersection to the bridge over Six Mile Creek; a) At the eastern approach to the one lane bridge over

Six Mile Creek on Tandur Road, provide benching and vegetation clearing to provide a minimum of 60 metres safe sight distance in accordance with the RoadPro Traffic Engineering Report dated March 2015.

b) Install bi-directional hazard marker D4-2-3A at the intersection of Noosa Road and Tandur Road in compliance with the MUTCD and such that sight distance to the access for Lot 2 RP825899 is not compromised.

11. A flood evacuation plan is to be prepared and warning

system installed for the camping area. The flood evacuation plan is to be submitted to Council for its records and distributed to campers. The flood evacuation plan is to include but not be limited to: a) The risk to vehicles of crossing flood waters; b) The potential for being isolated during major storm

events; c) Flood evacuation route/s.

12. For major events a Traffic Management Plan (TMP) is to be

prepared in accordance with the Manual of Uniform Traffic Control Devices. The TMP is to provide but not be limited to any signage, devices or personnel needed to safely and efficiently manage traffic internal and external to the site.

13. Advertising material for events to be held on site is to promote access to the property via Noosa Road, coming from the north of the site.

14. Infrastructure charges are payable as follows, but will be

subject to indexation annually on 1 July:


Charge Category


High impact rural Roads $927.50 TOTAL $927.50

Carried



5.3 Building Approvals for June 2015



AUTHOR: Manager Building and Plumbing Services - R Prout

DOC ID: LINKS TO CORPORATE/OPERATIONAL PLAN STRATEGIC THEMES: 3. Governance - cohesive, responsible and transparent

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION At the Ordinary Meeting of the 15 July 2015 Council received the Building Summary and Report for May 2015.

2. REPORT The Building Approvals Report and Statistics Graph for June 2015 are included as an attachment. There were 64 Privately Certified applications and 21 Council Certified applications for the month of June 2015. There were 11 new dwellings approved in June 2014 with a value of $1,986,752.00.

3. BUDGET IMPLICATIONS Council’s Building Services Team is maintaining its increased market share in the Regions building certification business, as such, increased its predicted revenue in the 2014/2015 financial year.


5. CONSULTATION Director – Planning and Development

6. CONCLUSION That the report be received. ATTACHMENTS 1. Building Approvals for June 2015



M06/08/15 Moved Cr IT Petersen Seconded Cr JA Walker That the Building Summary and Report for the month of June 2015 as presented, be noted.

Carried




5.4 Review of Q100 level for Gympie


DIRECTORATE: Engineering Services

AUTHOR: Director Engineering Services - B Fredman

DOC ID: LINKS TO CORPORATE/OPERATIONAL PLAN STRATEGIC THEMES: 3. Governance - cohesive, responsible and transparent

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Council adopted the current Q100 flood level for Gympie based on a report compiled in year 2000. In light of new analysis techniques and new data, a new study was commissioned from Aurecon. This company had recently done other analyses in the Mary and Brisbane River catchments, hence the commission was timely from a cost perspective.

2. REPORT Aurecon has reviewed all documented flood levels plus some floods that were known from the Miva gauge but were lost from the Gympie records. Further, a theoretical flood in 1841 was tested in an analysis after good correlation was established between the Mary River gauge at Gympie and the Savages Crossing gauge in the Brisbane River. It is known that a flood occurred in the Brisbane River in 1841 that was higher than their 1893 flood. It is possible that a similar event occurred in Gympie at that time, and it may have been higher than the record 1893 flood. Using the latest analysis techniques Aurecon has concluded that “the currently adopted design values are considered appropriate and alteration at this time is not necessitated based on the updated Flood Frequency Analysis documented herein”. The importance of the Kidd Bridge Q100 flood level (25.22m gauge level) is that it forms the basis for development levels for Gympie. Note that this level varies slightly across the city because of the gradient of the river and its tributaries, and Council’s mapping reflects this variation. The Q100 level is also used by insurance companies and government departments such as Transport and Main Roads.

3. BUDGET IMPLICATIONS nil

4. POLICY IMPLICATIONS As there is no recommended change, there are no policy implications.



5. CONSULTATION Transport and Main Roads has been aware of the progress of the study. Planning and Development directorate.

6. CONCLUSION Council’s adopted Q100 level for Gympie has been found to be robust.

M07/08/15 Moved Cr IT Petersen Seconded Cr LJ Friske That Council notes the outcome of the report “Impact of Large Historical Floods on Mary River Flood Frequency Analysis at Gympie” (Aurecon, July 2015), and makes no change to the current adopted Q100 flood level for Gympie.

Carried




5.5 Development Application for Material Change of Use - Food & Drink Outlet (Extension to Existing Cafe) over Lot 26 on T73121 - 35 Esplanade, Tin Can Bay for Vicki Family Trust C/- Plansmart Development Solutions



AUTHOR: Planning Officer - C McMillan



2. REPORT FILE NO: 2015-0520 APPLICANT: Vicki Lee Family Trust C/- Plansmart

Development Solutions RPD: Lot 26 on T73121

SITE ADDRESS: 35 Esplanade, Tin Can Bay CURRENT USE OF LAND: Cafe PROPOSAL: Material Change of Use – Food &

Drink Outlet EXISTING ZONE: Residential Choice SUBMISSIONS: Nil



2.1 INTRODUCTION

2.1.1 The Proposal

This application seeks Council’s approval for a Material Change of Use for Food and Drink Outlet (Extension to Existing Cafe) located at 35 Esplanade, Tin Can Bay (being Lot 26 T73121). Specifically, the proposal seeks to provide an outdoor covered seating area for patrons associated with the existing (lawful) café located along the frontage of the site. This will involve the demolition of approximately 25sqm of floor area from the existing building and replacement with an unenclosed and covered structure comprising 51.92sqm.

With respect to the design of the structure, the northern wall is to be constructed of masonry, offset from the boundary between 160mm and 300mm for a length of 8 metres and will include a maximum height of between (approximately) 2.8m and 2.7m. The structure will incorporate a slight pitch of 2 degrees. The Applicant has advised that front and rear of the structure will remain open, however gates may be added in the future for safety purposes.



2.1.2 Site Description The subject site has a total land area of 658m2 and is situated along the Esplanade at Tin Can Bay. The site has an existing commercial building situated along the frontage with an awning which overhangs the footpath. An existing dwelling is also contained behind the front commercial building.



Images: Google Maps Street View 2015

2.1.3 Surrounding Land Uses

Land uses adjoining the subject site include a dwelling house to the south, vacant land to the north and caravan park to the west. It is relevant to note that the vacant land to the north currently has



development approval for 12 holiday accommodation cabins which was recently granted an extension of its currency period by Council until the 8 March 2017.

2.1.4 Site History

A review of the site history indicates that up until 1989 the subject site was utilised as a Bait and Tackle Shop at which time a Change of Classification was obtained for a Class 6 Shop (Renovations & Extensions) for a take-away food shop.

A review of the Widgee Shire Council Planning Scheme 1982 has clarified that such a use did not require Council consent to operate lawfully. Further, there is no evidence available which establishes that abandonment of that original use has occurred. Accordingly, the current café is therefore considered to maintain existing use rights. It is relevant to also note that the abovementioned building approval also required the provision of one (1) car parking bay or payment of a contribution of $1654 towards same to Council. A receipt placed on file confirms that the contribution was paid by the applicant on the 6 March 1989.

2.2 STATUTORY REQUIREMENTS

2.2.1 Compliance with the Planning Scheme (a) Scheme Definition

Food and Drink Outlet is defined as “Premises used for preparation and sale of food and drink to the public for consumption on or off the site”.

(b) Intent of the Zone The Gympie Regional Council Planning Scheme 2013 includes the site in the ‘District Centre’ zone:



Figure 1: Gympie Regional Council Planning Scheme 2013 – Zone Mapping Extract

The purpose of the zone is to:

“…..to provide for a range and mix of dwelling types including dwelling houses and multiple dwellings supported by community uses and small-scale services and facilities that cater for local residents”.

And is articulated through the following overall outcomes - (1) The purpose of the code will be achieved through the following

overall outcomes: a) A variety of housing choices, including multiple dwellings,

dual occupancies and dwelling houses on a range of lot sizes, is provided in appropriate locations in proximity to services.

b) Development encourages and facilitates urban consolidation and the efficient use of physical and social infrastructure.





g) Development is provided with appropriate infrastructure. h) Development is established where the impacts of natural

hazards are avoided or safely managed. i) Development is reflective of and responsive to the

environmental constraints of the land. (c) Development Provisions

Under the Gympie Regional Council Planning Scheme 2013, a material change of use for Food and Drink Outlet where located in the Residential Choice Zone is ‘Impact Assessable’ development and therefore assessable against the entire planning scheme. The following codes are however considered most relevant -

Residential Choice Zone Code An assessment against the relevant overall outcomes for the Residential Choice Zone is provided as follows –



a) A variety of housing choices, including multiple dwellings, dual occupancies and dwelling houses on a range of lot sizes, is provided in appropriate locations in proximity to services; and

b) Development encourages and facilitates urban consolidation and the efficient use of physical and social infrastructure; and


The proposal does not involve a full redevelopment of the site, but rather seeks to provide a minor extension (to accommodate outdoor seating for patrons) relating to an existing lawful café. In this regard, future redevelopment of the site (for when a need arises) for residential uses is not compromised. Accordingly, the proposed extension is not considered to compromise the intent of the abovementioned overall outcome.


Within the applicant’s application to Council the following comments have been provided regarding the nature of the proposal – “……….The existing food and drink outlet on site supports the day to day needs of the local community, including tourists visiting Tin Can Bay. The existing facility does not detract from the residential amenity of this area, and the proposed small extension is intended to improve the overall appearance of the building whilst providing a pleasant, open area for seating for patrons. Neither the existing use nor the proposed small extension will undermine the viability of the nearby centres”. The applicant’s comments are accepted. Having regards to the minor nature of the extension to an existing lawful small scale cafe, no compromise to the intent of the above overall outcome is considered to occur.


The proposal which involves a new outdoor dining area will provide a positive contribution to the streetscape and enable casual surveillance of the surroundings. Accordingly, the proposal is considered to respond appropriately the above overall outcome.




The subject site currently maintains a commercial characteristic within this locality. It is not considered that the addition of a new covered outdoor dining area will detrimentally affect the visual amenity of the area.

h) Development is provided with appropriate infrastructure.

The proposal will be serviced by all essential infrastructure and services. i) Development is established where the impacts of natural hazards are avoided or safely managed. The portion of the subject site relating to the extension is mapped as being located clear of the storm surge advisory mapping under the Gympie Regional Council Planning Scheme 2013. Further, the site is not mapped as being affected by any hazard overlays. Under the state government’s state planning policy mapping however, it is acknowledged that the subject site is mapped as being located within a flood hazard area and coastal hazard area (medium storm tide inundation). This is depicted in Figures 3 & 4 below.

While this is the case, it is also recognised that the proposal is for an enclosed roofed seating area only and does not involve or propose any habitable floor area and is of a minor nature only. Accordingly, no compromise with the above overall outcome is considered to occur.

Figure 2: Gympie Regional Council Planning Scheme 2013 – Storm Surge Advisory Mapping



Figure 3: State Planning Policy Mapping (1)

Figure 4: State Planning Policy Mapping (2)

j) Development is reflective of and responsive to the environmental constraints of the land.

Figure 5: Gympie Regional Council Planning Scheme Overlay Map – Acid Sulfate Soils

The site is mapped as being affected by Potential and Actual Acid Sulfate Soils Overlay (below the 5m AHD contour level) under the Gympie Regional Council Planning Scheme 2013. With respect to the



potential risk of acid sulphate soil for the proposal, it is noted that only minor earthworks will be necessary to construct the proposed outdoor seating area. Accordingly, the proposal is considered low risk and capable of being addressed during the building stage. Development Parameters - In addition to the overall outcomes for the Residential Choice Zone Code, due consideration has also been provided to the built form of the proposal which is non-residential in nature. Of particular importance relates to building setbacks - In this regard, Performance Outcome 14 requires that ‘non-residential uses are limited to small-scale activities that integrate with the intended residential character and provide a service to the immediate neighbourhood. This is further articulated through the following acceptable outcomes –

“Non-residential uses provide: (a) 1.8m high screen fencing to all side and rear boundaries where adjoining residential uses; and (b) minimum 5m side and rear boundary setbacks where adjoining residential uses; and (c) minimum 6m boundary setback to street frontages”.

In relation to the proposal, and as outlined above it is acknowledged that the proposed outdoor dining area structure will be offset between 160mm and 300mm to the northern boundary for a length of 8m. Furthermore, the frontage setback for the existing building is built to the boundary and this will be retained.

With regards to the building setbacks, the applicant has provided the following justification:

“1……. The outer wall of the structure will be core filled masonry or similar, with a height of 2.7 metres and length of 8 metres. This is well within the outcomes permissible for a domestic car port or outbuilding on residential land at this location and is considered to be acceptable on that basis. 2. The adjoining property to the north at 34 Esplanade is currently vacant. Any concerns regarding the siting of the outdoor area impacting on the amenity of any future development on this land are mitigated by the fact that the land features an easterly orientation to the water, and the structure will not impeded views from any future development of the vacant land. The adjoining land is zoned Residential Choice and is unlikely to be developed for a single dwelling in the future. In fact, a development approval for 12 holiday cabins remains current over this land. The approved plans illustrate that vehicle parking and the rear wall of one cabin will be adjacent to the proposed outdoor



seating area. The conditions of approval require the erection of a 1.8m high fence with no gaps for the full length of the common boundary between the 2 lots, further reducing the impact of the proposed outdoor seating area on the adjoining property.”

The applicant’s comments are noted and the proposed outdoor dining structure is considered to be suitable in this instance. No compromise to the intent of the aforementioned performance outcome is considered to occur.

Infrastructure and Operational Work (excluding Advertising Device) Code Performance Outcome 11 provides that vehicle parking and access is provided to meet the needs of occupants, employees, and visitors and other users. Further, Acceptable Outcome 11.1 of Section 5 Vehicle Parking and Access nominates that vehicle parking spaces are to be provided on-site in accordance with Table 9.6. The vehicle parking requirements for Food and Drink Outlet is listed as:

“Gross floor area up to 2,000m2 – 1 space per 30m2 or part thereof” To provide some context, Gross floor area is defined under Gympie Regional Council Planning Scheme 2013 as “the total floor area of all storeys of a building (measured from the outside of the external walls or the centre of the common wall)…” Having regards to the specific nature of the proposal and as advised by the applicant, it is acknowledged that the proposed outdoor seating area does not constitute gross floor area (which is defined above) as per the definition under the Gympie Regional Council Planning Scheme 2013. This it is accepted is due to the fact that the proposed extension will not be enclosed by walls, but rather will remain open at its front and rear. Accordingly, the proposal does not trigger against the Gympie Regional Council Planning Scheme 2013 in terms of the requirement for provision of any further car parking than the current parking arrangement, which it is considered relies on informal parking available within the road reserve. In this regard and in response to car parking demand for the proposal, the applicant has advised that “in any event, there is significant informal parking available on the opposite side of the Esplanade, which more than satisfies the demand for parking generated by this proposal”. It is should also be noted that access will still be maintained through the proposed outdoor dining area (which provides a minimum 2.83m wide opening) for the purposes of private access onto the site to service the existing dwelling.



Appropriate conditions are able to be incorporated into any approval to address all other requirements of the Infrastructure and Operational Work (excluding Advertising Device) Code.

Acid Sulfate Soils Overlay

The site is identified on the Potential and Actual Acid Sulfate Soils Overlay Map as being below the 5m AHD contour level. With respect to the potential risk of acid sulphate soil for the proposal, it is noted that only involve minor earthworks will be necessary to construct the proposed outdoor seating area. Accordingly, the proposal is considered minor and no compromise to the intent of the Potential and Actual Acid Sulfate Soils Overlay is anticipated. 2.2.2 Local and/or State Planning Polices

Under the state government’s state planning policy mapping, the subject site is mapped as being affected by flood hazard area and coastal hazard area (medium storm tide inundation) mapping.

Having regards to the specific and minor nature of the proposal, it is noted that the proposal is for an enclosed roofed seating area only, does not involve or proposed any habitable floor area and is of a minor nature only. Accordingly, no compromise with the above State Planning Policy is considered to occur.

2.3 OTHER PLANNING CONSIDERATIONS

2.3.2 Contributions Under Council’s Adopted Infrastructure Charges Resolution, Food and Drink Outlet is included in the Commercial (retail) category. Specifically, the Resolution nominates a rate of $95.50 per square metre of gross floor area. As outlined elsewhere in this report, the applicant has advised that the proposed extension does not constitute ‘gross floor area’ as per the definition contained within Table SC1.3 Administrative definitions of the Gympie Regional Council Planning Scheme 2013. This it is acknowledged is due to the fact that the proposed extension will not be entirely enclosed by walls, but rather be open along the front and rear portions. Accordingly, no charge has been applied. Having regards to the above, it is considered appropriate that a condition be incorporated into any approval requiring the proposed outdoor seating area to remain unenclosed.

2.3.3 Appropriateness of the Proposal It is considered that the development is appropriate in this instance and compatible with the intent of the Residential Choice Zone based on the following grounds:



The proposal involves a minor extension to an existing lawful

café and will provide for outdoor seating to accommodate patrons.

The proposal will maintain the commercial identify of the existing lawful cafe and further improve presentation to the street frontage.

The built form is appropriate and will not unduly impact on adjoining premises. Conversely, the proposal is considered to improve amenity by way of improving separation between the common boundary between the subject site and adjoining Lot 7.

Proposal which involves the demolition of (approximately) 25sqm of an existing 120sqm building and the construction of a 51.92sqm open roofed outdoor dining area is considered to maintain a scale which will not undermine the viability of nearby centres;

Finally, it is considered that patron safety to be improved as the proposal will allow for seating other than that of the current arrangement which is located within the road reserve.

2.3.8 Utilities and Services

The site is presently serviced by reticulated water and sewerage.

2.4 PUBLIC NOTIFICATION The application was advertised for public comment in accordance with the requirements of the Sustainable Planning Act 2009 and no submissions against were received within this period.


4. POLICY IMPLICATIONS The proposal demonstrates sufficient merit to warrant approval under the planning scheme.

5. CONSULTATION 5.1 Internal (a) Engineering Directorate Council’s Design Services Branch has provided comments and conditions which are incorporated into the recommendation.

5.2 External (a) Access and Advisory Committee



The Access and Advisory Committee have provided feedback on the proposal, which it is considered the applicant will be required to address as part of a further building permit required (Class 6 Extension). (b) Referral Agencies The proposal required referral to DSDIP due to the site being located Contiguous to a State Controlled Road (Esplanade). This Agency has provided conditions to be attached to any approval, requiring the development to be in accordance with the plans submitted and nominating the approved road access location

6. CONCLUSION The proposal is for a material change of use for Food and Drink Outlet (Extension to Existing Cafe) located in the Residential Choice Zone. The proposal was required to be publicly notified as it is Impact Assessable, and no submissions were received in this instance. The use is considered justified and any potential impacts are able to be managed via conditions of approval.



M08/08/15 Moved Cr IT Petersen Seconded Cr RA Gâté That Council, as Assessment Manager, APPROVES development application 2015-0520 for Material Change of Use – Food and Drink Outlet (Extension to Existing Café) over Lot 26 T37121 located at 35 Esplanade, Tin Can Bay subject to the following conditions: Section 1 Conditions to be satisfied prior to the commencement of the use: 1. The development is to be undertaken generally in

accordance with the approved plans outlined in Section 3 of this Decision Notice.

2 .The use herein approved may not commence until the

following development permit has been issued and complied with as required –

(a) Development Permit for Building Work (Class 6

Extension)

3. The method of treatment of any acid sulfate soils likely to be encountered during construction of the works is to be in accordance with Items 9 and 10 of the State Planning Policy 2/02 Guideline (V2) Acid Sulfate Soils.

4. Stormwater is to be disposed of onsite so as to cause

no scour or damage to adjoining properties to the satisfaction of Council’s Chief Executive Officer.

Section 2 Conditions relevant to the ongoing use of the site: 5. The approved outdoor seating area is to remain an

open structure.

Carried




SECTION 6: SOCIAL WELLBEING

SECTION 7: HEALTH AND ENVIRONMENT



SECTION 8: GOVERNANCE AND ECONOMIC DEVELOPMENT 8.1 Application for an Extended Trading Hours under the Liquor Act

1992 – Gympie Social Club – 40 Channon Street, Gympie – Gympie Social Club Inc.

PORTFOLIO: Governance and Economic Development


AUTHOR: Planning Officer - C McMillan

DOC ID: 6-4-1-6 LINKS TO CORPORATE/OPERATIONAL PLAN STRATEGIC THEMES: 3. Governance - cohesive, responsible and transparent

CONFLICT OF INTEREST In accordance with Section 173 of the Local Government Act 2009; Mayor Mick Curran declared a conflict of interest in Minute M09/08/15 due to his membership of the Club. The Mayor further requested the Deputy Mayor, Cr Friske to take the chair for the discussion and vote on this matter. Cr MW Curran left the meeting at 09:23am while the matter was discussed and voted on.


2. REPORT



Letter received from the Office of Liquor and Gaming Regulation on 20 July 2015. “An application for extended trading hours for a licensed premises within your area of authority has been received at this office. Details of the application are as follows: Applicant's Name: Gympie Social Club Inc Premises: Gympie Social Club Inc - Clubhouse Street Address: Gympie Police Station – 40 Channon Street,

Gympie Current Trading Hours: 4:00pm to 11:00pm – Wednesday 4:00pm to 7:00pm - Friday Proposed Trading Hours: 2:00pm to 12:00am – Wednesday 2:00pm to 12:00am - Friday Type of License Community Other Please find attached a copy of the Liquor License Premises Details report which outlines the current details of the liquor license.

By law, the relevant local government authority for the locality must be informed of the application and afforded the opportunity to:

comment on the reasonable requirements of the public in the locality.

object to the grant of the application on the grounds that the amenity, quiet or good order of the locality would be lessened.

If you do not support the application, your comments or objection should include full particulars of: The grounds upon which the objection is made. The facts, evidence or reasons upon which it is based.



The Commissioner cannot rely on statements that merely indicate the council does not support, or objects to the application. Any comments or objection may be referred to the applicant. Please advise whether you have any comments on, or objections to, the granting of the application. In accordance with section 117 (3) of the Liquor Act 1992 your comments or objection should be received by 30 July 2015”

2.2 STATUTORY REQUIREMENTS

2.2.1 Intent of the Zone

The subject site is included in the Community Purpose Zone of the Gympie Regional Council Planning Scheme 2013. The purpose of the zone is to ‘provide for community related activities and facilities, whether under public or private ownership. These may include provision of municipal services, public utilities, government installations, hospitals and schools, transport and telecommunication networks and community infrastructure of an artistic, social or cultural nature’.

Figure 1: Gympie Regional Council Planning Scheme 2013 Zone Mapping 2.2.2 Compliance with the Planning Scheme

The above correspondence from the Liquor Licensing Division requests Council’s comments in relation to an application for an Extended Trading Hours from the Gympie Police Station. To comply with Section 117 comments or objections are required to be received by 7 August 2015 (an extension was obtained to enable sufficient time for the request to be reported to Council).



Proposed trading hours listed in the Notice of Application are 2:00pm to 12:00am Wednesday & 2:00pm to 12:00am - Friday. Current trading hours of the Social Club’s Community Other License are 4:00pm to 11.00pm – Wednesday and 4:00pm to 7:00pm - Friday.

The Gympie Police Station was constructed in 2006 and it is understood that development of the site for this purpose was established under the exemption provisions of the Integrated Planning Act. Accordingly, the Gympie Police Station is therefore considered to retain existing use rights. The amended license is for the activities of the Police Station’s social club and is not intended for any public purpose. As such there are no planning issues raised.

A search of Council’s database has revealed no noise complaints have been lodged against the licensed premises. It is understood any noise complaints would be referred to the Liquor Licensing Commission to pursue under the Liquor Act 1992. The Liquor Licensing now requests Council’s views with regard to potential social impacts from the community’s perspective.



5. CONSULTATION Nil

6. CONCLUSION It is recommended that Council advises the Office of Liquor and Gaming Regulation and Liquor Licensing Consultants acting for the proprietor that it does not have any objections to the request.

M09/08/15 Moved Cr RC Currie Seconded Cr WW Sachs 1. That Council advises the Department of Justice and Attorney-

General that it does not object to the granting of an Extended Trading Hours for the Gympie Social Club Inc at 40 Channon Street, Gympie.

Carried 7/0

FOR: Cr LJ Friske, Cr RA Gâté, Cr IT Petersen, Cr WW Sachs, Cr JA Walker, Cr WR Leitch and Cr RC Currie AGAINST: Nil

Cr MW Curran returned to the meeting at 09:24am



SECTION 9: INFRASTRUCTURE



SECTION 10: MAJOR PROJECTS AND BUSINESS ACTIVITIES 10.1 National Stronger Regions Fund Application

PORTFOLIO: Major Projects and Business Activities

DIRECTORATE: Corporate and Community Services

AUTHOR: Manager Community Development & Facilities - H Kelly

DOC ID: LINKS TO CORPORATE/OPERATIONAL PLAN STRATEGIC THEMES: 1. Infrastructure - planned, connected and safe 2. Economic development - vibrant, strong and resilient 5. Social wellbeing - active, diverse, creative and empowered

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION The National Stronger Regions Fund (NSRF) is a federal government initiative to promote economic development in Australia’s regions. The objective of the NSRF is to fund investment ready projects which support economic growth and sustainability of regions across Australia, particularly disadvantaged regions, by supporting investment in priority infrastructure.

2. REPORT Council was successful in securing funds for the Gympie Aquatic Recreation Centre through Round 1 of the NSRF. Upgrades to the Civic Centre and the Pavilion have been identified as suitable projects for Round 2. The planned upgrade to the Civic Centre is currently in the design phase with a scheduled design completion date of September 11 2015. When complete the upgrade will deliver a state of the art community venue for entertainment, small events, conferences, and private functions. The project includes a full technological upgrade to theatrical light and sound, technological connectivity to all publicly accessible areas and improved functionality and aesthetic appeal to the public spaces within the centre. The planned upgrade includes a refurbishment of the foyer, Fossickers Room, Prospectors Hall, the courtyard adjoining the Senior Citizens building, and a much needed upgrade to the air conditioning chiller system. The total cost of the upgrade is $1.39m however this is



scaleable subject to funding. Council has a total of $850,000 allocated in the current budget for the works. An application has been submitted to NSRF for the remaining $540,000. A master plan for the Pavilion has been developed highlighting the need to revitalize the indoor spaces of the Pavilion and increase it’s technical offering to make it more attractive to community based, commercial and private hirers. Stage 1 of the proposed upgrade includes re-development of the Madill Room, Bishop Room, Apex Bar and adjoining balconies, updating the entry foyer, installation of a new passenger lift to meet current standards, acoustic treatment to the main auditorium, upgraded audio visual technology across all areas, and a refurbishment of all open areas including the atrium and upstairs display areas. Stage 2 would see a refurbishment of amenities, backstage and storage areas, and the Cattleman’s Bar. Installation of a Cablenet or similar system over the auditorium, redesigned goals that are moveable and adaptable to different sports and an external repaint, including the roof, are additional components of the second stage. The total cost of Stage 1 works is estimated at $1.1m, and Stage 2 $1.2m, including design costs. Council has an allocation of $550,000 in the 2015/2016 and 2016/2017. An application for the balance of Stage 1 works, $550,000, has been submitted to NSRF. Stage 2 works will be completed subject to funding.

3. BUDGET IMPLICATIONS

As both projects currently have a budget allocation there will be no effect on the current budget and positive implications on longer term budgets. If successful, the NSRF funding will escalate the projected completion dates and scale of both projects.

5. POLICY IMPLICATIONS

4. CONSULTATION Manager Economic Development Manager Financial Services Project Manager-Engineering Pavilion Manager Mode Design – Civic Centre CPR Group - Pavilion

5. CONCLUSION NSRF offers an opportunity for Council to apply for funds to progress upgrades at both the Civic Centre and the Pavilion.



M10/08/15 Moved Cr RA Gâté Seconded Cr WR Leitch That Council endorses the applications to the National Stronger Regions Fund for $540,000 for the Civic Centre Upgrade and $550,000 for the Pavilion Upgrade.

Carried




SECTION 11: WASTE MANAGEMENT

SECTION 12: TOURISM AND MARY VALLEY

SECTION 13: GENERAL BUSINESS



COUNCIL IN COMMITTEE The Mayor advised the meeting that Council was going “Into Committee” to discuss: 1. RFT No. 2014-2015-T027 Provision of Recycling Services for Waste Management Facilities

M11/08/15 Moved Cr RA Gâté Seconded Cr LJ Friske That pursuant to the provisions of Section 275 of the Local Government Regulation 2012, Council resolves to close the meeting to the public and move “into committee” to consider the following matter/s:- 1. RFT No. 2014-2015-T027 Provision of Recycling Services for

Waste Management Facilities Further, that in relation to the provisions of Section 171 of the Local Government Act 2009, Council resolves that following the closing of the meeting to the public and the moving ‘into committee’ that all matters and all documents (whether in hard copy, electronic, optical, visual or magnetic form) discussed, raised, tabled and/or considered whilst the meeting is closed and ‘in committee’, are confidential to the Council and the Council wishes to keep them confidential.

Carried


COUNCIL OUT OF COMMITTEE

M12/08/15 Moved Cr RC Currie Seconded Cr LJ Friske That proceedings be resumed in Open Council.

Carried




SECTION 14: IN COMMITTEE 14.1 RFT No. 2014-2015-T027 Provision of Recycling Services for Waste

Management Facilities

PORTFOLIO: Waste Management

DIRECTORATE: Infrastructure Services

AUTHOR: Manager Waste Services - M Pavlinic

DOC ID: This item is in-committee in accordance with s275(1)(e) of the Local Government Regulation 2012 - contracts proposed to be made by it.

M13/08/15 Moved Cr WR Leitch Seconded Cr JA Walker That Council accepts the tender as negotiated for $4,620,000 at $77,000 per month from the Australian Red Cross Society Contract RFT No2014-2015-T027 for the Provision of Recycling Services for Waste Management Facilities.

Carried




SECTION 15: ATTACHMENTS

5.3 Building Approvals for June 2015 Attachment 1 Building Approvals for June 2015 ................... 85

There being no further business the meeting closed at 9.40am.

Confirmed this TWENTY-SIXTH day of AUGUST 2015

________________________ Cr MW Curran

CHAIRMAN

Ordinary Meeting Minutes 5 August 2015 85 Item 5.3 Building Approvals for June 2015 Attachment 1 Building Approvals for June 2015


MINUTES ORDINARY MEETING - Gympie Council · 8/5/2015 · road from the Bruce Highway to Brisbane...

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