AGENDA - Sunshine Coast Council

AGENDA 

STRATEGY AND PLANNING 

COMMITTEE MEETING 

Wednesday 16 February 2011 

Commencing at 9.00am 

Council Chambers, 9 Pelican Street, Tewantin 

COMMITTEE MEMBERS (Quorum – 3) 

Councillor R Green 

Division 12 (Chair) 

Councillor R Abbot 

Mayor 

Councillor A Grosskreutz Division 1 

Councillor K Jones Division 3 

Councillor E Hungerford Division 7 

Councillor V Griffin Division 9

Strategy and Planning Committee Agenda 16 February 2011 

TABLE OF CONTENTS 

ITEM SUBJECT PAGE NO 

1 DECLARATION OF OPENING 1 

2 RECORD OF ATTENDANCE AND LEAVE OF ABSENCE 1 

3 OBLIGATIONS OF COUNCILLORS 1 

3.1 DECLARATION OF MATERIAL PERSONAL INTEREST ON ANY ITEM 

OF BUSINESS 1 

3.2 DECLARATION OF CONFLICT OF INTEREST ON ANY ITEM OF 

BUSINESS 1 

4 REPORTS 3 

4.1 DEVELOPMENT APPLICATIONS 3 

4.1.1 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF A LOT (1 

LOT INTO 3 LOTS), 42 NOTHLING STREET MOFFAT BEACH 3 

4.1.2 DEVELOPMENT APPLICATION FOR PRELIMINARY APPROVAL (S3.1.6 

OF THE INTEGRATED PLANNING ACT 1997) OVERRIDING THE 

PLANNING SCHEME FOR A MATERIAL CHANGE OF USE FOR A 

MIXED USE MASTER PLANNED RESIDENTIAL COMMUNITY FOR 

PELICAN WATERS SOUTH 19 

4.1.3 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE 

(MEDICAL CENTRE, MULTIPLE DWELLING UNITS), 11 BINDAREE 

CRESCENT, MOOLOOLABA 97 

4.1.4 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE OF 

PREMISES - PRELIMINARY APPROVAL TO OVERRIDE THE 

PLANNING SCHEME TO ESTABLISH A LOW IMPACT INDUSTRY 

(STRUCTURE PLANNING APPROVAL) OVER LOT 1 SP145632, 345 

PIERCE AVENUE, BELLS CREEK 123 

4.1.5 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE - 

SERVICE & UTILITY – TYPE 3 TOWER (TELECOMMUNICATION 

TOWER) AT 1 ILLOURA PLACE, COOROIBAH 139 

4.1.6 UPCOMING SIGNIFICANT DEVELOPMENT APPLICATIONS 147 

5 CONFIDENTIAL REPORTS 149 

6 NEXT MEETING 149 

7 MEETING CLOSURE 149 

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1 DECLARATION OF OPENING 

On establishing there is a quorum, the Chair will declare the meeting open. 

2 RECORD OF ATTENDANCE AND LEAVE OF 

ABSENCE 

3 OBLIGATIONS OF COUNCILLORS 

3.1 DECLARATION OF MATERIAL PERSONAL INTEREST ON ANY 

ITEM OF BUSINESS 

Pursuant to Section 172 of the Local Government Act 2009, a councillor who has a 

material personal interest in an issue to be considered at a meeting of the local 

government, or any of its committees must – 

(a) 

inform the meeting of the councillor’s material personal interest in the matter; 

and 

(b) 

leave the meeting room (including any area set aside for the public), and stay 

out of the meeting room while the matter is being discussed and voted on. 

3.2 DECLARATION OF CONFLICT OF INTEREST ON ANY ITEM OF 

BUSINESS 

Pursuant to Section 173 of the Local Government Act 2009, a councillor who has a 

conflict of interest in an issue to be considered at a meeting of the local government, 

or any of its committees must inform the meeting about the councillor’s interest in the 

matter. 

Council must: 

(a) 

(b) 

decide whether the Councillor has a conflict of interest, or could reasonably be 

taken to have a conflict of interest, in the matter; and 

if the other persons decide that is the case – direct the councillor to leave the 

meeting room (including any area set aside for the public), and stay out of the 

meeting room while the mater is being discussed and voted on. 

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4 REPORTS 

4.1 DEVELOPMENT APPLICATIONS 

4.1.1 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF A LOT (1 LOT 

INTO 3 LOTS), 42 NOTHLING STREET MOFFAT BEACH 

File No: 

REC10/2036 

Author/Presenter: Development Planner, Planning Assessment, Stefan Martin 

Principal Development Planner, Planning Assessment, John 

Borthwick 

Appendix: App A – Conditions of Approval (SPC Pg 13) 

Attachments: Att 1 - Locality Map (SPC Att Pg 3) 

Att 2 - Proposal Plans (SPC Att Pg 4) 

Att 3 - Lot Sizes, Moffat Beach Area (SPC Att Pg 5) 

Planning Instrument: 

Caloundra City Plan 2004 (5 November 

2009) 

Applicant: 

F Friedeberg, Ms B Friedeberg 

Consultant (if applicable): 

Sunshine Coast Survey & Planning Pty Ltd 

Application Number: 

REC10/2036 

Division: 2 

Properly Made Date: 05/10/2010 

Information Request Date: 

Not Applicable 

Information Response Received Date: Not Applicable 

Proposal: Development Permit to Reconfigure a Lot (1 

Lot into 3 Lots) 

Assessment Type: 

Impact 

No. of Submissions: 1 

Property Address: 42 Nothling Street Moffat Beach QLD 4551 

Property No: 198637 

RPD: Lot 293 RP 217619 

SEQRP: 

Urban Footprint 

Land Area: 1214.0m 2 

Strategic Plan Designation: 

Coastal Urban 

Planning Area: 

Caloundra Eastern Beaches 

Planning Precinct: 

Low Density Residential 

Precinct Class: 

Low Density Residential 

Existing Use of Land: 

Detached House 

PURPOSE 

The purpose of this report is to seek Council’s determination of an application for a 

Development Permit to Reconfigure a Lot (1 Lot into 3 Lots). The application is before 

Council at the request of the Divisional Councillor. 

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EXECUTIVE SUMMARY 

The application is for a Development Permit to Reconfigure a Lot (1 Lot into 3 Lots) at 42 

Nothling Street, Moffat Beach. The proposal is to subdivide the existing 1,214m 2 lot into 

three lots, re-establishing the previous allotment layout over the site. The pertinent issues 

arising from the assessment of the application relate to lot size, density, residential amenity 

and character. 

Whilst the proposed lots are smaller than the minimum lot size for the precinct (650m 2 ), they 

are entirely consistent with prevailing lot layout in the vicinity, which originated when the area 

was subdivided into 16 perch (405m 2 ) allotments in accordance with the Undue Subdivision 

of Land Prevention Act 1885. The existing 1,214m 2 lot was formed in 1987 through 

amalgamation of the original three 405m 2 lots. 

As required for small lot subdivisions, a plan of development has been submitted showing 

proposed building envelopes, which have been assessed against the design criteria for small 

lot housing of the Detached House Code and the Queensland Development Code and have 

been found to comply, or can be conditioned to comply. The proposed building envelopes 

will ensure that the amenity of adjoining premises is protected and that future dwellings 

constructed on the site are consistent with the prevailing character of the area. 

Only 1 submission was received during the public notification period. It raised issues relating 

to impacts on the amenity of adjoining properties and the assessment process. 

Overall, the proposal offers the opportunity to achieve a modest and logical infill development 

within easy reach of existing services and facilities. The proposal will not result in an undue 

loss of amenity to adjacent premises and is consistent with the prevailing character of the 

area. Therefore, the application is recommended for approval subject to reasonable and 

relevant conditions. 

OFFICER RECOMMENDATION 

That Council APPROVE WITH CONDITIONS Application REC10/2036 by F and 

B Friedeberg and grant a Development Permit to Reconfigure a Lot (1 Lot into 3 Lots) 

at 42 Nothling Street, Moffatt Beach, described as Lot 293 RP 217619 subject to the 

conditions of approval as outlined in Appendix A 

FINANCE AND RESOURCING 

Should the application be approved, the applicant would be required to pay Infrastructure 

Contributions in accordance with Council’s Policies. 

A current estimate of the infrastructure contributions required by this development (excluding 

water supply and sewerage) is outlined as follows: 

Network 

Current Amount 

Paths $1,606.00 

Biting Insects $0.00 

Road Network $4,639.00 

Off-site Car Parking $0.00 

Open Space $15,572.00 

Open Space -Trails $569.00 

Public Transport $42.00 

Stormwater $4,323.00 

TOTAL $26,751.00 

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The actual amount of the contributions must be calculated and paid in accordance with the 

Planning Scheme Policies current at the time of payment. 

INTRODUCTION 

Background/Site History 

The subject site forms part of the original Moffat Beach estate owned by James Moffat in the 

late 1800s. The area is an early example of development in accordance with the provisions 

of the Undue Subdivision of Land Prevention Act 1885. This Act established the minimum 16 

perch lot size (405m 2 ) in order to control the very small lot sizes that had emerged in the 

inner suburbs of Brisbane. This 16 perch lot size still prevails in the Moffat Beach area 

today. The subject site previously comprised three 405m 2 lots, but these were later 

amalgamated in 1987 to form the current site, which is substantially larger than the majority 

of lots in the locality. 

Site Description 

The subject site is located on the southern side of Nothling Street, Moffat Beach, 

approximately 70m east of Buccleugh Street. The site is relatively flat, with slopes in the 

order of 5%, sloping down towards Nothling Street. The site does not contain any significant 

environmental features. The site currently accommodates a large two storey brick and tile 

style dwelling with a swimming pool on the eastern side and small outbuilding to the rear. 

Surrounding Uses 

To the north the site is opposite two double storey dwellings and a single-storey dwelling, 

each located on 405m 2 lots on the northern side of Nothling Street. To the east the site 

adjoins an existing single-storey dwelling, constructed across two separate 405m 2 lots. To 

the west the site adjoins an existing single storey dwelling on a 405m 2 lot. To the south the 

site adjoins three two storey detached dwellings; each built on 405m 2 lots with frontage to 

Grigor Street. The subject site is adjoined on all sides by 405m 2 lots and these also form the 

prevailing character of the locality. 

Proposal 

The application is for a Development Permit to Reconfigure a Lot (1 Lot into 3 Lots). 

The proposal is to subdivide the subject site into three rectangular 405m 2 allotments. The 

proposed lots are long and narrow in shape. Each has a 10.058m frontage to Nothling Street 

and a depth of 40.234m. The proposal reinstates a previous allotment layout that existed on 

the subject site until 1987. 

The application is impact assessable because the proposed lots are below the minimum lot 

size and dimensions outlined in Table 9.7 of the Reconfiguring a Lot Code for Low Density 

Residential precincts. 

ASSESSMENT 

South East Queensland Regional Plan 

The subject site is located within the ‘Urban Footprint’ land use designation of the South East 

Queensland Regional Plan. The proposal is consistent with the planning intent for this land 

use designation and it does not conflict with the regulatory provisions of the South East 

Queensland Regional Plan. 

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In accordance with the South East Queensland Regional Plan, between 2009 and 2031 the 

Sunshine Coast region is expected to accommodate a minimum 37,000 additional dwellings 

within existing urban areas (infill development). Specifically, policy 8.1.1 of the plan is to: 

“Accommodate a higher proportion of growth through infill and redevelopment of existing 

urban areas to meet the dwelling targets in Table 3 (the infill growth targets)” and policy 8.1.2 

is to: “Focus higher density and mixed-use development in and around regional activity 

centres and public transport nodes and corridors”. The proposal specifically supports the 

achievement of the intent of these policies. It represents a modest and logical infill 

development within an existing urban area and is located within 400m of the commercial 

centre of Moffat Beach and within 80m of existing public transport services. 

Planning Scheme 

The applicable planning scheme for the application is the Caloundra City Plan 2004 

(5 November 2009). 

The following sections relate to the provisions of the Planning Scheme. 

Desired Environmental Outcomes 

The proposal does not compromise the achievement of any of the citywide Desired 

Environmental Outcomes of the planning scheme. 

Local Area Provisions 

The subject site is located in the Caloundra Eastern Beaches planning area, in a Low 

Density Residential precinct. 

The planning area specific provisions of the Caloundra City Plan 2004 are contained within 

Caloundra Eastern Beaches Planning Area code, which is discussed below. 

Land Use and Works Provisions 

The following codes which regulate land use and design are applicable to this application: 

• Caloundra Eastern Beaches Planning Area Code 

• Reconfiguring a Lot Code 

• Stormwater Management Code 

• Parking and Access Code 

• Civil Works Code 

• Design for Safety Code 

• Landscaping Code 

• Nuisance Code 

• Detached House Code 

The application has been assessed against each of the above applicable codes and found to 

be compliant with, or can be conditioned to comply with, each. 

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The pertinent issues arising out of assessment against the codes are discussed below: 

Code 

Caloundra 

Beaches 

Area Code 

Eastern 

Planning 

Discussion 

The Planning Area Context and Setting provisions of the code state: 

“The planning area is largely developed as a low density residential 

area. Detached houses are the predominant housing form with 

duplex and unit accommodation established in a small number of 

locations. In older area, pockets of traditional seaside housing remain 

intact. These traditional housing areas have a distinctive character 

that adds significantly to the amenity and identify of Moffat and Dicky 

Beaches in particular.” 

Within the area bounded to the north by the Tooway Creek, to the 

east by Seaview Terrace, to the south by Grigor Street and to the 

west by Roderick Street, which was the original Moffat Beach estate 

owned by James Moffat in the late 1800s and subsequently 

subdivided into the 16 perch (405m 2 ) lots, 96% of all lots remain 

below 650m 2 (the majority are 405m 2 in size, see Attachment 3). 

The proposal is located in an area characterised by traditional 

seaside housing on small lots. The proposal involves the demolition 

of a large brick and tile home that is arguably out of character with the 

style of surrounding dwellings. The proposal provides the opportunity 

for the future establishment of three dwellings that are more in 

keeping with the established style and character of the area. 

Specific Outcome O2 – Reconfiguring a lot maintains the 

prevailing low density residential character of the Planning Area 

Probably Solution S2.1 – Land in the Low Density Residential 

Precinct is retained in lots with a minimum lot size of 650m 2 . 

Reconfiguring a Lot 

Code 

The subject site is located in a Low Density Residential Precinct and 

proposes lot sizes that are smaller than 650m 2 contrary to S21. 

However, the proposal complies with associated Specific Outcome, 

O2 as it maintains the prevailing density of the locality and does not 

compromise the residential character of the area. 

Specific Outcome O2 

Lot size and dimensions: 

(a) are consistent with the Planning Area Overall Outcomes and 

Specific Outcomes in the applicable Planning Area Code; 

(b) provide for suitable building envelopes and safe vehicular 

and pedestrian access without the necessity for major 

earthworks and major retaining walls; 

(c) are based on an efficient use of land and dimensioned to 

provide sufficient area for usable open space; 

(d) protect site attributes, such as significant vegetation and 

views; 

(e) take account of and respond sensitively to site constraints or 

risks such as steep slope, slope instability, bushfire and 

flooding; and 

(f) are in keeping with the character of surrounding development. 

S2.1 

Unless otherwise specified in the applicable Planning Area Code, the 

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Code 

Discussion 

minimum lot size complies with Column II of Table 9.7 (Minimum Lot 

Size and Dimensions). 

S2.2 

Lots contain a minimum square or rectangular area and minimum 

frontage in accordance with Columns III and IV of Table 9.7 (Minimum 

Lot Size and Dimensions). 

Table 9.7 nominates a minimum lot size of 650m 2 , a minimum square 

of 20m x 20m and a minimum frontage of 20m. 

The proposal does not comply with S2.1 and S2.2 as the proposed 

lots are below the minimum lot size and do not incorporate sufficient 

space for a 20m x 20m square. 

However, the proposal complies with the associated Specific 

Outcome, O2 for the following reasons: 

• The proposed lots are in keeping with the character of surrounding 

development 

• There are no relevant site constraints or significant environmental 

features to be taken into account 

• The subject site is located within 400 metres of a local centre 

precinct and within 80 metres of regular public transport services 

• The proposed lots enable the provision of suitable building 

envelopes and safe vehicular and pedestrian access without the 

necessity for major earthworks and major retaining walls 

• The proposed lots are consistent with the Planning Area Overall 

Outcomes and Specific Outcomes in the applicable Planning Area 

Code. 

Stormwater 

Management Code 

Overall, the proposal complies with Specific Outcome O2 of the code. 

The proposed lots are clear of flooding from Grigor Creek. No new 

roads are proposed and the whole subject site drains freely to 

Nothling Street. Therefore, the only relevant requirement is for 

roofwater to be piped to the kerb and channel of Nothling Street using 

kerb adaptors. This requirement will be applied at the Building Works 

application stage for future dwellings on the proposed lots. 

It is noted that no inter-allotment drainage is provided for the 

upstream lots, contrary to the requirements of the code. Therefore, 

the proposed lots will need to cater for overland flows from the 

upstream lots fronting Grigor Street. 

No inter-allotment drainage is provided for existing lots of this size in 

the surrounding area. Hence, the current proposal will not result in a 

situation which is uncommon in the surrounding area. A condition 

and property record notation is recommended requiring that future 

owners of the proposed lots deal with stormwater from the upstream 

allotments as part of their building works when they construct a 

dwelling on the lots. 

Overall, the proposal complies with the Stormwater Management 

Code. 

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Code 


Code / Queensland 

Development Code 

Discussion 

The applicant has provided a proposed plan of development showing 

proposed building envelopes to regulate the future development of 

detached houses on the proposed lots. The siting and design of 

Detached Houses is regulated by the Detached House, as well as the 

Queensland Development Code. The following assessment of the 

proposed building envelopes is provided against the requirements of 

the Detached House Code and the Queensland Development Code. 

The building location envelopes shown on the submitted plan of 

development have a street setback of 4.5 metres, which is consistent 

with the Queensland Development Code and a garage street setback 

of 6 metres, which is consistent S73 of the Detached House Code. 

S7.1 of the Detached House Code states that for lots up to 12 metres 

in width, garages and carports do not comprise more than 50% of the 

width of the lot. This requirement has not been included on the plan 

of development and no alternative solution has been provided. 

Therefore, it is recommended that an amendment be included for the 

plan of development reflecting the requirements of S7.1. 

The applicant proposes staggered side setbacks, allowing for the 

minimum Queensland Development Code setback for both the 

ground and first storeys of future dwellings on the site. The plan of 

development allows 750mm ground floor side setbacks and 1.0m first 

floor side setbacks (consistent with Queensland Development Code 

Section MP 1.1 A2(b) for narrow lots). 

The proposed building envelopes incorporate ‘built to boundary’ 

elements along the western sides of all three lots for a maximum 

length of 15 metres. Queensland Development Code Section MP1.1 

A2(d) allows built to boundary Class 10a structures provided the 

height of the structure (or part thereof) is not more than 4.5m in height 

and has a mean height of not more than 3.5m, has a maximum length 

of 9m and is not located within 1.5m of a required window to a 

habitable room in an adjoining dwelling. The proposed plan of 

development does not incorporate these limitations and no alternative 

solution has been provided. Therefore, it is recommended that the 

plan of development be amended to comply in this regard. 

Further, in relation to the proposed ‘built to boundary’ elements, 

Overall Outcome 2 of the Detached House Codes states: “detached 

houses and associated buildings are sited and designed to protect 

residential amenity and maintain streetscape character”. The 

adjoining dwelling to the east incorporates a built to boundary garage 

along its western boundary. Therefore, the proposed 750mm ground 

floor setback to this boundary will not result in a loss of amenity to the 

adjoining dwelling and the setback provides sufficient separation to 

maintain the prevailing streetscape character of the area. The 

adjoining dwelling to the west incorporates a 1m eastern side setback 

from the habitable rooms of the dwelling. The proposed plan of 

development allows built to boundary class 10a structures along the 

western boundary of the site. However, as discussed above, 

Queensland Development Code Section MP1.1 A2(d) precludes built 

to boundary elements from being located within 1.5m of required 

windows to habitable rooms in adjoining dwellings and it is 

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Code 

Discussion 

recommended that the building envelope on the plan of development 

be amended to comply with this requirement. As a result, the 

minimum western side setback for a garage adjacent to the adjoining 

house will be 500mm. This setback, added to the existing 1m 

setback on the adjoining site, will provide sufficient separation to 

maintain the amenity and prevailing streetscape character of the area. 

Overall, the proposal complies with Overall Outcome 2 of the 

Detached House Code. 

Further, in relation to the proposed ‘built to boundary’ elements, 

Queensland Development Code Section MP1.1 A6(b) requires that 

where a wall is less than 750mm from a boundary, it must be 

maintenance free. There is no notation on the proposed plan of 

development for the built to boundary walls referencing the part of the 

Queensland Development Code that requires these walls to be 

maintenance free. It is recommended that a plan amendment be 

included on the Decision Notice for a notation to be added to the plan 

of development in relation to built to boundary walls, stating that they 

must comply with Queensland Development Code MP 1.1 A6(b). 

Overall, with the imposition of conditions and amendments discussed 

above, the proposed building envelopes comply with the requirements 

of the Detached House Code and the Queensland Development 

Code. 

Overlay Provisions 

The following Overlays are applicable to this application: 

• Acid Sulfate Soil Area 2; and 

• Aviation Affected Area 

The provisions relating to these Overlays are contained within the Aviation Affected Area 

Code and the Acid Sulfate Soils Code. The application has been assessed against each of 

these applicable Overlay codes and found to be compliant or can be conditioned to comply 

with, each. 

Traffic and Transport Considerations 

The closest bus stop is located 80 metres walk from the site on Buccleugh Street. This bus 

stop is serviced by the high frequency 600 service, which operates between Caloundra and 

Maroochydore. As the subject site is within walking distance of existing public transport 

services, no requirements are recommended in relation to public transport facilities. 

Kerb and channel is provided for the full frontage of the subject site. However, there is no 

footpath. No footpaths are provided along either side of Nothling Street for its entire length. 

Nothling Street is fully developed with established detached houses. Therefore, it is not 

recommended that a footpath be required as part of the frontage works for this application, 

as any path provided would be likely to remain a small isolated stretch in the long term and 

would not contribute to a useable network. 

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Nothling Street experiences low volumes of traffic and is relatively safe for on-road cycling. 

As such, separate on-road cycling infrastructure is not considered necessary. 

REFERRALS 

Internal Referrals 

The application was forwarded to the following internal specialists: 

• Engineering; 

• Maroochy Water Services; 

• Environment; and 

• Hydrology and Hydraulics. 

Their assessment forms part of this report. 

External Referrals 


SUBMISSIONS 

The application was publicly notified in accordance with requirements of the Integrated 

Planning Act 1997. 1 properly made submissions and 0 not properly made submissions 

were received. 

GROUNDS OF SUBMISSIONS 

The following table provides a summary of the grounds for submissions received. 

Issues 

Potential for a dwelling up 

to 8.5m high to be built 

within 2m of the 

submitter’s back fence, 

resulting in loss of privacy, 

quality of life, breezes and 

ambient light. 

Comments 

The height of future dwellings on the proposed lots will be 

regulated by the proposed plan of development, which limits the 

height of dwellings to 8.5 metres. It would be unreasonable to 

limit the height of any future dwellings on the created lots to less 

than 8.5m, given that this is the acceptable solution outcome in 

the Detached House code and is an established ‘deemed to 

comply’ solution to prevent dwellings from causing a loss of 

amenity to adjacent premises. In addition, it is noted that all 

three dwellings that adjoin the site to the south (where the 

submitter resides) are 2 storeys in height and are located above 

the site in elevation. Hence, any two-storey dwellings 

constructed on the subject site will be lower than the adjoining 

dwellings to the south and are unlikely to cause loss of light or 

overshadowing to these dwellings. 

Side and rear setbacks for future dwellings on the subject site 

are regulated by the proposed plan of development which 

reflects the requirements of the Queensland Development 

Code. The plan of development requires dwellings on the 

proposed lots to be setback from side or rear boundaries by 

750mm up to a height of 4.5m, then setback 1m up to a height 

of 7.5m and then setback 2m up to the maximum height limit of 

8.5m. The proposed plan of development will also allow ‘built to 

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Issues 

Concern that the proposal 

is being pushed through 

prior to the new planning 

scheme taking effect 

which may incorporate 

stronger controls to keep 

development low rise. 

Comments 

boundary’ non-habitable structures, such as garages, car ports, 

sheds and the like, along the western sides of the proposed lots, 

provided they do not exceed 3.5m in height and are not ‘built to 

boundary’ for a length of more than 9m. As above, it would be 

unreasonable to impose more restrictive setback requirements 

on future dwellings on the site as these setbacks are acceptable 

measure setbacks in the Queensland Development Code and 

are established ‘deemed to comply’ solutions to prevent 

dwellings from causing a loss of amenity to adjacent premises. 

The application is a properly made application and in 

accordance with the Sustainable Planning Act 2009 must be 

assessed against the current applicable planning scheme, the 

Caloundra City Plan 2004 (5 November 2009). No regard can 

yet be given to the future new planning scheme, as the draft 

scheme is yet to be publically notified. 

CONCLUSION 

The application is for a Development Permit to Reconfigure a Lot (1 Lot into 3 Lots). The 

proposal is to subdivide the existing 1,214m 2 lot into three lots, re-establishing the previous 

allotment layout over the site. 

The proposed lots are entirely consistent with prevailing lot layout in the vicinity. The 

proposal offers the opportunity to achieve a modest and logical infill development within easy 

reach of existing services and facilities. The proposal has been assessed and found to 

comply, or can be conditioned to comply, with all applicable elements of the Caloundra City 

Plan 2004. The proposal will not result in an undue loss of amenity to adjacent premises and 

is consistent with the prevailing character of the area. 

The application is recommended for approval subject to reasonable and relevant conditions. 

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APPENDIX A - CONDITIONS OF APPROVAL 

DEVELOPMENT APPROVAL DETAILS 

Extent of Approval: in full with conditions as specified in the Conditions Section 

contained herein. 

Type of Approval Issued 

• Development Permit to Reconfigure a Lot (1 Lot into 3 Lots) 

Relevant Period 

The relevant period of this development approval is 4 years from the date that this 

development approval takes effect. 

ASSESSMENT MANAGER CONDITIONS 

This development approval is subject to compliance with the following assessment manager 

conditions: 

DEVELOPMENT PERMIT TO RECONFIGURE A LOT (1 LOT INTO 3 LOTS) 

PLANNING 

1 The land shall be reconfigured generally in accordance with approved plans (except 

where varied by conditions of approval). 

2 Payment of a contribution for each lot in the subdivision at the rate at time of payment 

(Current fee is $28.80 Per Lot), to cover the cost imposed upon the Council by the 

Department of Environment and Resource Management for provision of “Split” 

valuations. 

3 Any outstanding rates or charges levied by Council or expenses that are a charge 

over the land under any Act are required to be paid in full prior to the endorsement of 

the relevant Plan of Subdivision. 

REMOVAL OF EXISTING BUILDINGS 

4 All existing buildings and structures must be removed from the site prior to the 

endorsement of the relevant Plan of Subdivision. 

INFRASTRUCTURE CONTRIBUTIONS 

5 The applicant must pay contributions towards trunk infrastructure in accordance with 

the following Planning Scheme Policies: 

(a) 

(b) 

(c) 

PSP No. 11.19 (Infrastructure Contributions for Path Network Infrastructure) 

2009; 

PSP No. 11.20 (Infrastructure Contributions for Biting Insect Control 

Infrastructure) 2005; 

PSP No. 11.22 (Infrastructure Contributions for Road Network Infrastructure) 

2009; 

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(d) PSP No. 11.23 (Infrastructure Contributions for Off-site Car Parking 


(e) PSP No. 11.24 (Infrastructure Contributions for Open Space Network 


(f) PSP No. 11.25 (Infrastructure Contributions for Public Transport 


(g) PSP No. 11.26 (Infrastructure Contributions for Stormwater Infrastructure) 

2009; 

for reconfiguring a lot approval contributions must be paid prior to Council approval of 

the plan of subdivision. 

The actual amount of the contribution must be calculated and paid in accordance with 

the Planning Scheme Policies and variations due to indexation current at the time of 

payment. 

ENGINEERING 

6 The operations and construction work associated with this development must be 

undertaken in accordance with the requirements of Council’s Development Design 

Planning Scheme Policy. In particular, no environmental nuisance is to be caused to 

adjoining properties or other persons by way of smoke, dust, stormwater discharge or 

siltation of drains, at any time, including non-working hours. Where material is spilled 

or carried onto existing roads, it is to be removed forthwith so as to restrict dust 

nuisance and ensure traffic safety. Adequate safety precautions are to be maintained 

where work is undertaken on existing roads. Any damage attributable to the progress 

of the works or vehicles travelling to or from the site must be remedied at no cost to 

Council. 

7 All necessary alterations to public utility mains and services arising from construction 

of external works associated with the development must be undertaken at no cost to 

the service provider. 

8 Services to the existing dwelling must be relocating if and as necessary such that 

they are wholly located within the lot which they serve. Prior to Council endorsing the 

plan of survey, a licensed surveyor must submit certification that the requirements of 

this condition have been satisfied. 

9 Stormwater must be collected and lawfully discharged from the development site and 

from works associated with the development in accordance with Council’s 

Development Design Planning Scheme Policy and QUDM. 

10 All driveways must be constructed, sealed and drained in accordance with 

Development Design Planning Scheme Policy and AS2890.1 - AS2890.6. 

11 All driveways across the verge must have a minimum sealed or concreted width of 

3.0 metres at the property line, and is to be constructed in accordance with the 

IPWEA Standard Drawing R-0050. 

12 A certificate from a relevant electricity supplier must be provided showing that a 

reticulated supply on tariff conditions is available to each lot. 

Page 14


STORMWATER 

13 Future owners of the proposed lots must incorporate drainage measures into the 

design of future dwellings and associated landscaping and engineering works on the 

site to accommodate stormwater flows from upstream properties without causing a 

nuisance to adjoining properties. 

UNITYWATER 

14 Reticulated water must be provided to each lot in the development. This must include: 

(a) 

(b) 

(c) 

(d) 

ensuring that existing internal water pipes are wholly contained within the lot 

they will serve; 

an approved water meter for each lot in accordance with Unitywater Standard 

Drawings SCW 350,355 and 360; 

provision of a water service from the existing 100mm diameter water main 

located Nothling Street to service the proposed lots, in accordance with 

Unitywater Standard Drawings SCW 350, 355 and 360; 

water meters must be located on alternative boundaries to electrical pillars. 

15 Reticulated sewerage must be provided to each lot in the development. This must 

include: 

(a) 

Ensuring existing sewer house drains are wholly contained within the Lot they 

will serve. 

16 Stormwater retention systems and gross pollutant traps must maintain a minimum 

clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure. 

17 Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from 

Unitywater water mains and 1.5 metres from Unitywater sewerage mains. 

Landscaping plants within these clearances must be low growing when mature and 

suitable Unitywater approved varieties. 

18 Construction works undertaken in the vicinity of Unitywater water supply or sewerage 

infrastructure must not adversely affect the integrity of the infrastructure. All costs 

associated with repair, replacement or alteration of infrastructure must be met by the 

applicant. 

GENERAL 

19 All conditions of this approval are to be complied with prior to the endorsement of 

approval of the relevant Plan of Subdivision unless otherwise stated. 

REFERRAL AGENCIES 


PLANS / DOCUMENTS 

The approved plans and / or documents for this development approval are listed in the 

following tables: 

Page 15


PLANS REQUIRING AMENDMENT 

Plan Rev. Plan Name Date 

3215-00/01 A Proposed Reconfiguration Lot 293 on 12/01/2010 

RP217619, drawn by SRPD of Sunshine 

Coast Survey & Planning Pty. Ltd. 

Amendments 1 Amend to add a new notation stating that garages and 

carports must not comprise more than 50% of the width of 

the frontage of any allotment 

2 Amend note 2 to state that built to boundary walls must be 

limited to Class 10a structures only. 

3 Amend note 2 to state that all built to boundary walls must 

comply with QDC MP 1.1 A2(d) and A6(b). 

4 Amend the proposed building envelopes to demonstrate 

compliance with all notations on the plan 

ADVISORY NOTES 

These Advisory Notes do not form part of this approval or the conditions attached thereto. 

The following Advisory Notes are intended to provide guidance to the applicant where 

necessary and inform the applicant of actions that Council may take with respect to the 

development site or the approval: 

Infrastructure Contributions 

(a) An advice notice outlining the estimated infrastructure contributions payable and the 

basis for their calculation under the current Planning Scheme Policies is attached with 

this Development Permit. 

(b) For properties located in the catchment area for Unitywater’s “SEQ Infrastructure 

Charges Schedule (Water Supply & Wastewater)”, this development permit may trigger 

an Infrastructure Charge (if applicable) to be issued in accordance with the 

Infrastructure Charges Schedule and the “Sustainable Planning Act 2009". 

(c) Please contact Council's Infrastructure Charges Officer (email: 

icinfo@sunshinecoast.qld.gov.au) a minimum of 5 business days prior to payment of 

the infrastructure contributions so a payment advice detailing the amounts applicable at 

the time of payment may be issued to accompany the payment. 

(d) Payment of infrastructure contributions & charges will not be accepted by credit card 

transaction. 

Unitywater 

(e) Connection to the Unitywater live water supply and live sewerage system must be 

undertaken by Unitywater at the applicant’s cost. 

Aboriginal Cultural Heritage Act 2003 

(f) There may be a requirement to establish a Cultural Heritage Management Plan and/or 

obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003. 

The ACH Act establishes a cultural heritage duty of care which provides that: “A 

person who carries out an activity must take all reasonable and practicable measures 

to ensure the activity does not harm Aboriginal cultural heritage.” It is an offence to fail 

to comply with the duty of care. Substantial monetary penalties may apply to 

individuals or corporations breaching this duty of care. Injunctions may also be issued 

by the Land and Resources Tribunal, and the Minister administering the Act can also 

issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural 

heritage or the cultural heritage value of Aboriginal cultural heritage. 

Page 16


You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to 

discuss any obligations under the ACH Act. 

PROPERTY RECORD NOTATIONS 

For all proposed lots: 

(i) 

(ii) 

“All building works on the lot must be carried out in accordance with the approved 

Plan of Development (as amended) held on Council’s file REC10/2036. The applicant 

must ensure that all contracts with individuals or corporations for the sale of lots 

contains a copy of the approved Plan of Development (as amended) and purchasers 

are informed that prior to a Development Permit for Building Work being issued, 

Council or the private certifier must satisfy itself that the proposed detached house 

complies with the Codes and the approved Plan of Development” (Council reference: 

REC10/2036) 

“Stormwater from the lot adjoining the rear boundary of this lot is discharged as 

overland flow through this lot to Nothling Street. When a dwelling and associated 

landscaping and drainage works are constructed on this lot drainage measures 

should be incorporated into the design to accommodate these stormwater flows 

without causing a nuisance to either this lot owner or adjoining lot owners (Council 

reference: REC10/2036)”. 

PRELIMINARY APPROVAL OVERRIDING SCHEME 


FURTHER DEVELOPMENT PERMITS REQUIRED 

Development Permit for Operational Work (Engineering Works) 

APPLICABLE CODES 

The applicant must comply with the following codes for self-assessable development related 

to this development approval: 

For Detached Houses 

• Detached House Code 

REASONS FOR APPROVAL DESPITE CONFLICTS IN ACCORDANCE WITH S3.5.15(2) 


REASONS FOR REFUSAL 


Page 17



Page 18


4.1.2 DEVELOPMENT APPLICATION FOR PRELIMINARY APPROVAL (S3.1.6 OF THE 

INTEGRATED PLANNING ACT 1997) OVERRIDING THE PLANNING SCHEME 

FOR A MATERIAL CHANGE OF USE FOR A MIXED USE MASTER PLANNED 

RESIDENTIAL COMMUNITY FOR PELICAN WATERS SOUTH 

File No: 2009/51-00022 

Author/Presenter: Senior Development Planner, Master Planned Communities, Sean 

Slevin 

Coordinator, Master Planned Communities, Paul Gleeson 

Appendices: Appendix A – Conditions of Approval (SPC Pg 73) 

Attachments: Att 1 - Locality Map and Aerial Map (SPC Att Pg 7) 

Att 2 - Precinct Plan (SPC Att Pg 8) 

Att 3 - Proposed Sub-Precinct Plan (SPC Att Pg 9) 

Att 4 - Salinity Exchange System (SPC Att Pg 10) 

Att 5 - Road Infrastructure (SPC Att Pg 11) 

Att 6 - Street Cross Sections (SPC Att Pg 12) 

Att 7 - Pedestrian and Cycle Network (SPC Att Pg 13) 

Att 8 - Open Space Network (SPC Att Pg 14) 

Att 9 - Fish Habitat Area (SPC Att Pg 15) 

Att 10 - Proposed Planning Area Code (SPC Att Pg 16) 

Att 11 - Westminster Avenue (SPC Att Pg 65) 

Att 12 - Complete Review of Submissions (SPC Att Pg 66) 

Att 13 - Rezoning Conditions (SPC Att Pg 78) 

Att 14 - Concurrence Agency DERM (SPC Att Pg 80) 

Att 15 - Concurrence Agency DEEDI (SPC Att Pg 94) 

Att 16 - Concurrence Agency DTMR (SPC Att Pg 107) 

Att 17 - Advice Agency DIP (SPC Att Pg 114) 

Instrument: 

Caloundra City Plan 2004 (23 December 

2009) 

Applicant: 

Pelican Waters Heart Pty Ltd 


ML Design 

Application Number: 2009/510022 

Division: 2 

Properly Made Date: 10 December 2009 

Information Request Date: 15 January 2010 

Information Response Received Date: 17 August 2010 

Proposal: 

Preliminary Approval (Section 3.1.6 of the 

Integrated Planning Act 1997) Overriding the 

Planning Scheme for a Material Change of 

Use for a mixed use master planned 

residential community including a range of 

Residential Uses, Business and Commercial 

Uses, Community Uses, Sport and 

Recreation Uses, Service Station, Car Wash, 

Industry - Local Services, marina and 

integrated open spaces incorporating a canal 

extension and artificial waterway 


Impact 

No. of Submissions: Properly Made – 162 

Not Properly Made - 6 

Property Address: 

Bledisloe Boulevard and Harbourlights Way 

Page 19


Pelican Waters 

Property No: 223704 215299 

RPD: Lot 812 and 813 SP212859 (formerly Lot 811 

SP212859 & Lot 807 SP162718) 

SEQRP: 


Land Area: 

104.4 hectares 


Caloundra South Planning Area 


Emerging Community Precinct and 

District Business Centre Precinct. 


Emerging Community Precinct Class and 

District Business Centre Precinct Class 


Vacant 

PURPOSE 

The purpose of this report is to seek Council’s delegation for the determination of an 

application for Preliminary Approval (Section 3.1.6 of the Integrated Planning Act 1997) 

Overriding the Planning Scheme for a Material Change of Use for a mixed use master 

planned residential community on land situated south of the existing Pelican Waters 

community, west of the existing Diamond Head community and extending south to Bells 

Creek. The subject land is referred to as ‘Pelican Waters Southern Lake’. 

The delegation to the Chief Executive Officer is sought as the decision will be subject to the 

applicant signing an infrastructure agreement with the Council. 


At the Ordinary Meeting of Council on 17 November 2010, Council was briefed by officers on 

the proposed development. The focus of that meeting was to inform Council of the need for 

an Infrastructure Agreement with the applicant in order to progress the determination of the 

application. At that meeting, a number of key infrastructure items were discussed and 

council resolved: 

That Council note the Chief Executive Officer will continue to negotiate an Infrastructure 

Agreement for the proposed Pelican Waters Southern Lake Material Change of Use 

Preliminary Approval (section 3.1.6 Integrated Planning Act 1997), as outlined at the 

confidential meeting. 

Through negotiations, the parties have agreed to all matters as generally outlined to Council 

on 17 November 2010. All the outcomes relevant to the Infrastructure Agreement have been 

summarised below. 

The application is generally consistent with the Caloundra City Plan’s intent for development 

of the subject land which started with a rezoning of the land 15 years ago. This Preliminary 

Approval represents the next logical stage in the development of a compact and sustainable 

activity centre to service the southern most coastal community of the Sunshine Coast. 

Page 20



That Council: 

(a) approve Development Application for Preliminary Approval (Section 3.1.6 of the 

Integrated Planning Act 1997) Overriding the Planning Scheme for a Material 

Change of Use for a mixed use master planned residential community at 

Bledisloe Boulevard and Harbourlights Way, Pelican Waters, described as Lots 

812 and 813 SP212859 subject to: 

(i) 

the signing of the Infrastructure Agreement in accordance with the report; 

and 

(ii) Conditions as contained within Appendix A; 

(b) 

delegate authority to the Chief Executive Officer to determine all requests for 

2009/510022 for Negotiated Decision, Change to Development Approval, Change 

or Cancel Conditions and Extension of Relevant Period; and 

(c) authorise the Chief Executive Officer to communicate to the relevant State 

(Environment and Natural Resource Management) and Federal (Environment) 

Ministers, that this application be referred to the Commonwealth for an 

assessment under the Environmental Protection and Biodiversity Act. 


Should approval be granted, most standard development contributions in accordance with 

Council’s Planning Scheme Policies will be applicable to this application and subsequent 

development applications. The exceptions to these requirements, where off-sets will apply 

because of the provision of infrastructure with the development, will be established within the 

Infrastructure Agreement. 

Infrastructure Agreement 

Because a number of the desired outcomes require deviation from Council’s established 

Policy, it will be necessary to establish an Infrastructure Agreement with the applicant prior to 

the determination of the application. 

At the 17 November 2010 Ordinary Meeting, Council established a position in terms of the 

expected minimum infrastructure requirements that are to be agreed and contained within an 

Infrastructure Agreement, prior to the application being decided. 

The infrastructure items tabled at the Ordinary Council Meeting included: 

• Open Space and Playing Fields; 

• Community Facilities; 

• Waterways Maintenance and Operational Contribution; 

• Pedestrian and Cycle Network; and 

• Walkable Waterfront. 

Page 21


Negotiations with the developer have established agreement on all of the items, including: 

• the open space allocation as shown on Attachment 8 – Open Space Network; 

• sporting fields contribution of $4,367,864 in lieu of land; 

• walkable waterfront as shown on Attachment 7 – Pedestrian and Cycle Network; 

• the lake and marina financial contribution for maintenance and end of life 

replacement costs; and 

• the pedestrian/cycle bridges over the lake. 

Negotiations relating to the provision of combined land and building facilities for a District 

Community Facility ended in the applicant agreeing to supply the full 6,000m² of land as 

required by the Policy. 

Prior to the consideration of this application, the Divisional Councillor was approached by a 

resident who represented 6 landowners owing property adjacent to a former stage of the 

Pelican Waters Estate on Westminster Avenue (refer to Attachment 11). The landowners 

requested that Council acquire 3 parcels of land that would otherwise be available for 

residential use, because they were concerned that these lots significantly impacted on the 

streetscape and amenity of the area. The allotments in question are 300m 2 in area and are 

scattered amongst standard 700m 2 allotments. These allotments were validly approved in 

2004. 

The owners of Pelican Waters, being aware of the situation, voluntarily offered to withhold 

these allotments from the market until negotiations over the Southern Lake Preliminary 

Approval were determined. These parcels did not form part of the Preliminary Approval 

document and, if negotiated, could only be secured through the provision of an infrastructure 

agreement. The applicant has proposed an option for Council to secure the 3 allotments, 

which involves Council discounting the financial contribution for the sporting fields, by the 

estimated market value of the 3 allotments. Without detailed valuations, this amount is 

estimated to be in the order of $250,000 per allotment, with a total reduction in the financial 

contribution of approximately $750,000. 

Council’s Manager, Social Policy Branch, was consulted on whether the applicant's offer was 

reasonable and concluded that the land adjacent to the residents’ parcels in Westminster 

Avenue was of minimal benefit when compared to the need to acquire land for 

sportsgrounds, as the allotments were too small to provide for the identified sports demand. 

It was advised that the loss of financial contribution for the purchase of additional sporting 

facilities would impact on a considerably higher number of current and future residents. It 

has, therefore, been recommended that the financial contribution not be amended and that 

the subject allotments located on Westminster Avenue not be included in an infrastructure 

agreement related to this Preliminary Approval. 

An infrastructure agreement is currently being drafted in accordance with the verbal 

agreements. The recommendation has been worded to require the infrastructure agreement 

to be signed prior to any decision, as occurred with the Palmview Infrastructure Agreement. 

Page 22


INTRODUCTION 


In 1987, the Council decided to prepare a Development Control Plan to cover the whole of 

the Pelican Waters land area. 

In 1991, the first Development Control Plan (Development Control Plan 2) for the Golden 

Beach area, which was inclusive of the most of the Pelican Waters Estate, was gazetted. 

Most notably, Development Control Plan 2 identified a District Centre and an area for 

community facilities generally in the location of this development. 

In 1993, the Planning and Environment Court approved a Rezoning application over 

approximately one third of the area identified under Development Control Plan 2. The 

rezoned land was inclusive of the future District Centre, a large area of conventional 

residential subdivision and the northern lake development. 

The developer commenced the subdivision of the residential land component in 1994, with a 

number of the initial stages approved as part of the Rezoning Approval. The Pelican Waters 

Shopping Centre was opened in 2002 and incorporates a supermarket, mini-major, specialty 

stores and a tavern. The total existing gross floor area is approximately 7,000m². 

In 2004, the developer received subdivision approval for the northern lake subdivision (334 

residential lots, parkland and lake). Today, there are 3 stages (approximately 120 lots) 

remaining within the northern lake subdivision, which are likely to be registered within the 

next 12 months. 

The lake associated with this subdivision is brackish and circulation is provided via a 

pumping installation located on the Pumicestone Passage at Golden Beach. The lake 

outlets into Lamerough Canal via a weir with a mechanical loch system for boat movement 

between the waterways. An Infrastructure Agreement is established that obligates the 

developer to provide a contribution of $2.5 million towards the maintenance and operation of 

the lake infrastructure. 

In 1996, Council approved a Rezoning application over the balance of the estate (southern 

lakes), which included most of the land subject to this application, the golf course land and 

subdivision, and an environmental reserve and noise buffer in the north-west corner of the 

developer’s remaining land holdings. The golf course and related subdivisions commenced 

construction in 1999. The most recent subdivision, approved in June 2010, was over an area 

of land immediately to the west of the Southern Lake proposal. The conditions of the 1996 

Rezoning approval continue to run with the land, and have implications on the development 

of this area. Attachment 13 provides a review of the proposal against the conditions of the 

rezoning and identifies those conditions that are outstanding and yet to be completed. 

Council amended Development Control Plan 2, which then formed part of the 1996 Planning 

Scheme, to reflect the outcomes sought by the 1996 Rezoning approval. At this stage the 

Development Control Plan identified a District Shopping Centre, Community Facilities, 2 

Neighbourhood Parks - one of which was to contain Playing Fields, an extension to Jensen 

Park and a Village Park, over the land subject to this application. 

In 2001, the developer obtained approval from Council to extract a part of the Environmental 

Noise Buffer in the north-west corner of the site for the purpose of a school (The Caloundra 

City School). Development Control Plan 2 was amended to reflect this approval and the 

Caloundra City School commenced use in 2004. 

Page 23


In 2004, Council adopted the Caloundra City Plan. The Caloundra City Plan included the 

subject land within the Emerging Community Precinct and District Business Centre Precinct. 

The Caloundra City Plan is the relevant Planning Document to consider this application 

against and an assessment is provided below. 

It is noteworthy that the expectations of the Planning Documents related to the area subject 

to this application have not changed considerably since Council approved the amendment to 

Development Control Plan 2 in 1996. In that time, the developer has chosen to continue 

subdividing the balance of the estate, leaving the District Centre and associated 

infrastructure (including a community facility and major open space components) until last. 

During this time, the developer has not objected to Development Control Plan 2 nor the 

specific infrastructure obligations identified within the Caloundra City Plan 2004. 


The subject site contains one parcel of land consisting of 104.4 hectares. The majority of the 

site has been cleared and the topography is essentially flat. The site ranges from 

approximately Reduced Level 3 metres along the north western side of the site to Reduced 

Level 1.5 metres along the southern boundary. The site forms the last remaining areas of 

developable land within the Pelican Waters estate (refer Attachment 1). 


Land adjoining the northern and north-eastern boundary includes the existing Pelican Waters 

Village Shopping Centre and canal development located at the western end of Golden 

Beach. 

Existing development located along the eastern boundary of the site includes traditional low 

density residential development. 

The majority of the southern boundary is bounded by road reserve and a vegetated buffer to 

Bells Creek. This area also includes a 30 metre wide esplanade that was required for 

coastal protection purposes as a result of the 1996 combined rezoning approval. Located 

midway along the southern boundary is a triangular shaped allotment that is privately owned 

and currently included in the Rural Precinct (within the Urban Footprint). The rural allotment 

is currently vacant and directly fronts the esplanade adjacent to Bells Creek. 

Existing development located along the western boundary of the site includes traditional low 

density residential development. 

Proposal 

This application seeks approval for a Preliminary Approval to override the Planning Scheme 

pursuant to Section 3.1.6 of the Integrated Planning Act 1997 for a range of land uses 

primarily consisting of Residential, Business and Commercial Use Class activities. 

The applicant has prepared and submitted a planning area code that would override the 

Caloundra City Plan 2004. The code is referred to as “The Southern Lakes Pelican Waters 

Planning Area Code” and includes Definitions, Development Assessment Tables, Overall 

Outcomes, Planning Area Code, Precinct Maps, Development Intent Plans and Network 

Maps. 

Should the proposal be approved, the Southern Lakes Pelican Waters Planning Area Code 

will form the statutory framework for the assessment of all subsequent development 

applications over the subject land. 

Page 24


The development area is proposed to be included within the following precincts: 

• District Business Centre; 

• Multi Unit Residential; and 

• Low Density Residential (refer Attachment 2). 

The proposal is based around a waterway setting that includes a 5.8 hectare extension to the 

tidal canal off the Lamerough Canal for a marina and a 14.8 hectare non tidal lake that forms 

a loop and effectively creates a central island. 

It is proposed that the central island will accommodate a mixed use town centre incorporating 

a main street, to be the focal point of the development. It is also proposed that, within the 

District Business Centre, a 13 storey tower be established, with the balance of the central 

island being developed for residential uses accommodating a range of housing including 

detached dwellings, terrace housing, duplex dwellings and mid rise multi-unit dwellings. The 

proposal includes a centrally located Village Park, waterfront parks and walkable waterfront 

(refer Attachment 3). 

The balance of the developable area is proposed to be largely developed for traditional 

residential allotments with the eastern portion of the Low Density Residential Precinct 

identified as a Transition Area that would effectively support the development of 3 storey 

terrace dwellings in this area (refer Attachment 3). 

It is acknowledged that the exact development intensity of both the residential and 

non-residential uses is not able to be determined at this preliminary stage, but the applicant 

has indicated the following development intensity ranges: 

RESIDENTIAL 

NON-RESIDENTIAL 

Dwelling Type Range (No) Building Type Range GFA (m 2 ) 

Dwelling House 905-1159 Office/Commercial 6,350-7,000m 2 

Shop Retail 3,800-4,200m 2 

Service Station 300m 2 

Multiple 

663-940 Restaurant 1,800-2000m 2 

Dwellings 

marina (200 Dry 4,900m 2 

Berth) 

marina (Wet 80 Berths 

Berth) 

Total Dwellings 1568-2099 Total GFA 17,150-18,400m 2 

With regard to the dwelling ranges identified above, a total net residential density of between 

15 and 20 dwellings per hectare is able to be achieved across the subject site, satisfying the 

residential density objectives expressed in the Caloundra City Plan 2004 for this site. To 

achieve a residential density of 15 dwellings per hectare across the site, it is proposed that 

the following residential density ranges be provided within each precinct: 

PRECINCT 

District Business Centre Precinct 

Multi Unit Precinct 

Low Density Residential Precinct 

DWELLINGS PER HECTARE 

25-36 d/ha 

20-32 d/ha 

12-22 d/ha 

The proposal includes network planning for open space, pedestrian and cycle linkages, road 

hierarchy, public transport and water and sewerage. 

Page 25


ASSESSMENT 

Commonwealth Legislation 

Environment Protection and Biodiversity Conservation Act 

Local Government does not have the power to compel the developer to refer the application 

to the Commonwealth Department of the Environment, Water, Heritage and the Arts for 

matters of National Environmental Significance. Referrals may be made by or on behalf of a 

person proposing to take an action, the Commonwealth or a Commonwealth agency, a state 

or territory government, or agency, provided that the relevant government or agency has 

administrative responsibilities relating to the action. 

The Pelican Waters Southern Lakes and Northern Lakes Residential Precincts were formally 

referred to the Commonwealth Department of the Environment, Water, Heritage and the Arts 

on 10 April 2002 for matters of National Environmental Significance that included potential 

impacts to Ramsar wetlands, threatened and migratory bird species. The Commonwealth 

made a formal decision on 2 May 2002 that the proposed action did not constitute a 

“controlled action” pursuant to the Environment Protection and Biodiversity Conservation Act 

and, as such, formal assessment and approval of the action was not required. 

Despite this, the applicant was advised by Council that it was prudent to refer this application 

to the Commonwealth for reconsideration, given more specific details are now known with 

regard to the ultimate development of the subject site. 

In response, the applicant advised that, there is no “substantial new information” or “a 

substantial change in circumstances” that were identified that could form the basis for an 

alternative decision to be made concerning the impacts that the Southern Lake development 

is likely to have on any matters of National Environmental Significance. 

To this point in time the proposed development has not been referred to the Commonwealth 

for reconsideration of its original decision of 2 May 2002. Should Council wish to pursue this 

matter further it is recommended that Council approach both the relevant State (Environment 

and Natural Resource Management) and Federal (Environment) Ministers, to request the 

referral to the Commonwealth be undertaken. 

State Government Management Plans 


The subject site is identified within the ‘Urban Footprint’ of the South East Queensland 

Regional Plan. The land subject to this application is intended to contribute approximately 

2,200 dwellings toward the Regional Plan’s 2031 growth targets for additional development 

in existing areas of the Sunshine Coast. The proposed development is consistent with the 

Desired Regional Outcomes for the ‘Urban Footprint’. 

With regard to the dwelling ranges identified, a total net residential density of between 15 and 

20 dwellings per hectare is able to be achieved across the subject site, satisfying the 

residential density objectives expressed in the South East Queensland Regional Plan 

2009-2031 for Greenfield Development. 

Page 26


State Planning Policies 

The following State Planning Policies are applicable to this application: 

• SPP 1-02 – Development in the Vicinity of Certain Airports and Aviation Facilities; 

• SPP 2-02 - Planning & Managing Development Involving Acid Sulfate Soils; and 

• SPP 1-03 – Mitigating the Adverse Impacts of Flood, Bushfire and Landslide. 

Of these, SPP 1-02, SPP 2-02 and SPP 1-03 have been deemed by the Minister for Local 

Government and Planning as being appropriately reflected in Council’s Planning Scheme 

and therefore do not warrant separate independent assessment. 

South East Queensland Regional Coastal Management Plan 

The subject site is located within the Maroochy River Catchment which extends from 

Peregian to the Moreton Bay Regional Council area. Bells Creek and Pumicestone Passage 

are identified as significant coastal wetlands. 

Section 2.1.3 - Coastal Development Land Use, addresses matters relating to the potential 

for environmental impacts that are associated with the establishment of Marine Industry 

Precincts. The definition of Marine Industry Precinct states: 

A waterfront based area containing a cluster of marine industry activities and facilities, which 

may include the following: boat builders, maintenance, repair and refurbishing of vessels, 

launching and retrieval of vessels, marine industry professionals e.g., naval architects, 

marine engineers and surveyors, vessel crews, and associated office accommodation, wet 

and dry vessel storage, fuel storage and delivery infrastructure, the sale and display of 

marine products, marine industry training facilities, and services, and small scale supporting 

commercial services and facilities. 

It is noted that, in terms of the Preliminary Approval and the associated Southern Lakes 

Pelican Waters Planning Area Code, the definition of “marina” has been amended to limit the 

extent and type of marine based industries permitted to occur within the proposed marina 

and Boats Landing Sub-Precinct. High impact uses such as boat building, boat 

maintenance, abrasive blasting, etc., have been removed from the definition of a “marina”. 

The proposed definition of marina states: 

A use of premises for the launching, landing, berthing and storage of boats on or adjacent to 

the water. The term includes any associated facilities for the fuelling, sewer pumpout and 

washdown of boats and marine accessories, the parking of motor vehicles and trailers, 

facilities for recreation and amenity, offices, chandlery, provision shop and caretaker’s 

residence on the same site. 

Notwithstanding, the proposed marina is located on land designated for urban purposes and 

satisfies the criteria with regard to ‘Development Assessment’ in that: 

a) the proposed marina is not located in an area of State significance; 

b) the development is designed to cater for current and 2100 peak 100 year Average 

Return Interval storm tide level and is designed to be immune from fresh water 

flooding under current climatic conditions and including projected sea level rise due to 

climate change at 2100; 

Page 27


c) the effects on the Pumicestone Passage due to the increase in tidal prism resulting 

from the construction of the additional waterways would be almost negligible and 

would be masked by naturally occurring variations in the tidal dynamics of the 

Pumicestone Passage; 

d) the proposed marina is not proposed in undeveloped tidal waterways; rather, the 

marina is proposed to be located in an extension to the highly developed Lamerough 

Canal; and 

e) the proposed marina is not located within a Declared Fish Habitat Area (refer 

Attachment 9). 

Section 2.1.4 - Canals and Dry Land marinas, addresses matters relating to key coastal 

management issues associated with canals and dry land marinas. The proposed canal 

extension and marina is located on land designated for urban purposes and satisfies the 

criteria with regard to ‘Development Assessment’ in that: 

a) the proposed canal extension and marina are not located in an area of State 

significance; 

b) the lake is modeled to have a turn over time of 22 days, and the tidal range within 

Lamerough Canal is greater than 0.3 metres; 

c) the development is designed to cater for current and 2100 peak 100 year Average 

Return Interval storm tide level and is designed to be immune from fresh water 

flooding under current climatic conditions and including projected sea level rise due to 

climate change at 2100; 

d) the effects on the Pumicestone Passage due to the increase in tidal prism resulting 




e) the proposed canal extension and marina are not proposed in undeveloped tidal 

waterways, rather, the waterway that will have a connection to the development site 

is highly developed with concrete revetment walls lining the canal; 

f) the proposed canal extension and marina are not located within a Declared Fish 

Habitat Area (refer Attachment 9); and 

g) the proposed canal extension and marina are not located with the Regional 

landscape and Rural Production Area of the South East Queensland Regional Plan. 

Section 2.1.10 - Tourism and Recreational Activities, seeks to manage tourism and 

recreational pressures. Council’s Waterways and Coastal Management Strategy 2010–2020 

recommends the development of a catchment and estuary management plan for the 

Pumicestone Passage to manage recreational, economic and environmental conditions on 

the Passage. Further advice is provided in the review of the proposal against the Waterways 

and Coastal Management Strategy. 

Page 28


Section 2.1.15 - Non-Tidal Artificial Waterways, seeks to ensure non-tidal artificial waterways 

are only developed in appropriate locations. The proposed non-tidal artificial waterway is 

located on land designated for urban purposes and satisfies the criteria with regard to 

‘Development Assessment’ in that: 

a) the lake is modeled to have a turn over time of 22 days, and the tidal range within 

Lamerough Canal is greater than 0.3 metres; 

b) the effects on the Pumicestone Passage due to the increase in tidal prism resulting 




c) the proposed non-tidal artificial waterway is not proposed in undeveloped tidal 

waterways, rather the waterway that will have a connection to the development site is 

highly developed with concrete revetment walls lining the canal; 

d) the proposed non-tidal artificial waterway is not proposed in a freshwater 

environment; and 

e) the proposed non-tidal artificial waterway is not located within a Declared Fish Habitat 

Area (refer Attachment 9); 

With regard to direct or indirect adverse impacts from the construction and operation of 

non-tidal artificial waterways, the following assessment is provided: 

a) Areas of State significance (natural resources) 

The proposed non-tidal waterway is not located in an area of State significance, but it 

is noted the subject land is located adjacent to Bells Creek and outlets into the 

Pumicestone Passage, which are both identified as areas of State significance. The 

proposed non-tidal waterway is designed as a tidal exchange system that receives 

inflows at high tides from Lamerough Canal. The design of the system does not 

involve any pumping or outflow from or into Bells Creek. With regard to the 

Pumicestone Passage the proposed development is not expected to impact on the 

environmental conditions within the Pumicestone Passage. This assessment has 

been further detailed in the Environmental Assessment section of this report. 

b) Coastal wetlands, including the opportunity to rehabilitate, restore or enhance 

degrades coastal wetland areas and values 

The subject land has been extensively modified through cutting, filling and other 

excavations. This included the excavation of a substantial open stormwater drainage 

channel that conveys stormwater run-off from the site and the adjacent Golden 

Beach. This constructed drainage channel is subject to tidal influences and has 

facilitated the establishment of marine plant communities within and adjacent to the 

drainage channel. 

The Department of Environment and Resource Management has assessed the 

proposal against the Coastal Protection and Management Act 1995 and the 

Department of Employment, Economic Development and Innovation (Fisheries 

Queensland) has assessed the proposal against the Fisheries Act 1994. Both 

referral agencies have supported the proposed development subject to conditions. 

Conditions include the requirement for offsets to be provided at a ratio of 2:1 for the 

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loss of marine plants and fish habitats, therefore providing an opportunity to enhance, 

rehabilitate and restore the identified coastal wetlands. 

c) Areas of coastal biodiversity significance 

The proposal has been determined to not cause any significant adverse impacts to 

the coastal biodiversity. The wetlands adjacent to Bells Creek are required to be 

rehabilitated and largely left in a natural state. Marine plant offsets are required to 

compensate for the removal of some plants. Water quality is to be managed to 

current best practice prior to discharge to the lake with the waters in the lake 

achieving a 22 day turnover, and recreational boating activity is limited mostly to the 

waters north of Bells Creek as water depths to the south are very shallow and as 

such precludes any deep drafted boasts. Marine zones may be implemented during 

2012 to manage recreation activities on Pumicestone Passage as part of Council’s 

Waterways and Coastal Management Strategy 2010 – 2020. 

d) Areas of value to Indigenous Traditional Owner 

There are no known areas of value to Indigenous Traditional Owners located on the 

subject land. It is noted that some areas of cultural significance are located with the 

adjacent esplanade (shell scatters and scar trees). These areas have been identified 

and are to be maintained in their current state. 

e) Areas of State significance (cultural heritage) 

Refer to item above. 

f) Public access to and along the foreshore and public useability of coastal waters due 

to the construction of a lock and weir or infrastructure associated with supplying water 

to a non-tidal artificial waterway 

The proposed infrastructure associated with the lake and marina will not preclude 

public access to the foreshore of the proposed lake, marina or adjacent natural 

waterways (Bells Creek, Pumicestone Passage). 

g) Identified environmental values and water quality objectives under the Environmental 

Protection (Water) Policy 2009 

Should this proposal be supported, detailed water quality objectives are included as 

conditions. These objectives are consistent with those of the Environmental 

Protection (Water) Policy 2009. 

h) Vulnerable areas for precursors to algal bloom 

Land based activities and development that alter the natural hydrological regime, 

including groundwater levels and composition and surface water run-off, often result 

in increased loads of nutrients to coastal waters, that cause algal blooms. 

The scale and type of development being proposed has the potential to supply 

nutrients of concern to the immediate coastal areas if best practice water quality 

management is not implemented. 

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This means: 

• no lowering of the water table where acid sulphate soils are present; 

• avoidance or minimisation of the export of nutrients from the site through either 

surface or groundwater; 

• no disturbance of coastal wetlands; 

• the maintenance and enhancement of riparian vegetation; and 

• incorporating best practice stormwater quality management, including best 

practice water sensitive urban design and sediment controls. 

The applicant has provided water quality modelling for the proposed development that 

demonstrates compliance with these minimum expectations. In circumstances, although 

limited, where water quality in either system deteriorates as a result of urban conditions, 

there is a three tiered risk minimisation approach to the waterways associated with this 

development. 

The first tier involves flushing systems to be installed to achieve turnover in the lake water 

over a period less than 30 days and best practice stormwater management. The second tier 

involves the preparation of a detailed water quality management plan as part of the first 

stage of subdivision. This management plan will include modelling that demonstrates the 

minimum water quality objectives stated in the Environmental Planning (Water) Policy 2009. 

The third tier of risk minimisation is the Lake and Tidal Canal management plans. These 

management plans will include a rigorous testing regime, which will identify when and if there 

is any deterioration in water quality conditions and a mitigation plan which identifies actions 

to be undertaken to remedy conditions if necessary. 

With respect to water quality standards and monitoring of water quality, conditions have been 

included that require the developer to comply with detailed water quality targets and prepare 

a water quality monitoring program. The water quality monitoring program is to commence 

after the first stage of the lake/canal/marina system has been constructed and is to continue 

until the developer is no longer responsible for the maintenance of the Southern Lake 

system. 

The exact location of monitoring sites is yet to be determined, but conditions are included 

that require: 

a) a minimum of 2 monitoring sites for each stage of the lake/canal and marina; 

b) one site located in Lamerough Canal near the entrance to the marina; and 

c) one site located at the entrance of Lamerough Canal. 

Testing is to be carried out at each of the above mentioned sites on a monthly basis and 

submitted to Council. 

The above assessment has established that the proposed development satisfies the relevant 

criteria of the South East Queensland Regional Coastal Management Plan 2006. Further, 

the Department of Environment and Resource Management as a Concurrence Agency has 

also given due regard to the Plan in its approval of the proposal. 

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Local Government Planning Scheme, Management Plans & Strategies 

Growth Management Position Paper 

The Growth Management Position Paper 2008, identified Pelican Waters as a “Greenfield 

Area” intended to be developed as a master planned community providing a range of 

housing types and densities. The undeveloped parts of Pelican Waters are intended to 

incorporate further residential intensification in areas proximate to the District Activity Centre. 

Statement of Proposals for the New Planning Scheme 

The Statement of Proposals is the first step towards preparing a new planning scheme and 

identifies key principles that will primarily inform the strategic planning component of the new 

planning scheme. 

The Statement of Proposals includes key principles for managing growth where a more 

compact urban form is established around activity centres at densities that will support high 

levels of self-containment in housing choice, transport services, employment, education, 

sport and recreation opportunities and access to high quality public spaces and community 

facilities. 

The proposed development is generally consistent with the key principles identified in the 

Planning for a Sustainable Sunshine Coast – A Statement of Proposals for the new planning 

scheme. 

Affordable Living Strategy 2010-2020 

AFFORDABLE LIVING FRAMEWORK (PRINCIPLES) 

Diverse housing choices for a diverse community 

The proposed development provides a variety of housing choice ranging from conventional 

residential allotments to terrace allotments and residential units in low and high rise formats, 

which provide opportunity and choice to a diverse community. 

Housing to suit all income levels 

There are no legislated provisions that would permit Council to pursue affordable or social 

housing product throughout this development. The provision of small lots and support for 

residential unit development may produce some product to the market at a lower rate than 

the established residential areas. However, due to the amenity of the area and established 

market conditions, the majority of the dwellings would not be considered affordable options. 

Local opportunities 

The expansion of the District Business Centre enhances the opportunity for Pelican Waters 

to become a self-contained community with increased access to employment, retail, 

entertainment and recreation opportunities. 

A range of transport choices 

The Activity Centre provides an opportunity for a public transport hub. The provision and 

structure of this proposed development provides greater opportunities for through routes and 

higher frequency services to benefit the Pelican Waters and Golden Beach communities. 

The provision of higher densities in and around the Town Centre supports the viability of the 

public transport network. 

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The public transport network is supported by an extensive pedestrian and cycle network 

linking into established communities and to key sites such as the Caloundra City School and 

Golf Club. 

Great places and spaces 

The developer has referred to this stage of the proposed development as “The Heart”. The 

provision of major central open space, walkable waterfronts, a marina, an active town centre, 

a district community facility, the extension of Jensen Park, adjacent Bells Creek and the 

extensive pedestrian and cycle networks that link all these spaces, will provide opportunities 

for social and cultural interaction, participation and improved wellbeing. 

A minimal environmental footprint 

The Climate and Energy Efficiency Code and Stormwater Management Code of the 

Caloundra City Plan 2004 are applicable codes for the development of individual lots. The 

codes address energy efficiency measures for both commercial and residential 

developments and water re-use measures to reduce dependency on potable water. 

The Preliminary Approval process affords Council the opportunity to implementation built 

form design parameters that aim to achieve sustainable outcomes to reduce reliance on 

energy consumptive appliances. In response, provisions within the Pelican Waters Southern 

Lake Planning Area Code require development to be responsive to localised climatic 

conditions. 

With specific regard to water conservation measures, all development, including dwelling 

houses, multiple dwellings and commercial development are required to have on-site water 

harvesting, for internal and external non-potable use, which will significantly decrease 

reliance on potable water supply. In addition, a condition has been included that requires the 

developer of the subdivision to prepare a water harvesting plan for public areas (parks and 

roads), with the aim of reducing potable water usage in parks for non potable purposes (ie; 

irrigation). The installation of this system will have a long term cost implication for Council 

related to the operation, maintenance and ‘end of life’ replacement cost of the infrastructure. 

These measures are expected to reduce potable water use in the order of 30%-40% over 

established standards, which will reduce household expense. 

Resource efficiency is further promoted through the delivery of sustainable neighbourhoods, 

that reduce the reliance on the motor vehicle as a preferred mode of transport. Mixed use 

developments involving medical, shops, offices and residential when integrated with an 

efficient public transport and pedestrian and cycle network, mean that residents of Pelican 

Waters don’t have to travel to Caloundra as often for their day to day and week to week 

needs. The introduction of water based industry, retail, restaurant and offices provides 

opportunities for residents to work in the immediate area. 

Sustainable Transport Strategy 2011-2031 

TRANSPORT STRATEGY (GOALS) 

A shift to public and active transport modes is achieved 

Pelican Waters has an established bus route. The low density of the existing community and 

the “end of line” nature of the development make it difficult to provide a high frequency 

service. 

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The introduction of new road connections, the increase in the residential densities and the 

potential creation of a destination for employment and entertainment, being the Business 

Centre, will all improve the viability of services through Pelican Waters. This will, in turn, 

support a shift to public transport. 

The development of the Pelican Waters District Business Centre and the surrounding 

residential development is required to incorporate the necessary infrastructure to support the 

expansion of the bus network including an interchange within the Main Street of the Business 

Centre. 

As evidenced by the proposed pedestrian and cycle network plan, there is a strong push 

toward the implementation of a high quality, interconnected network aimed at reducing the 

use of the private motor vehicle. 

Transport planning is collaborative, cost effective and progressive 

Bus priority has not been contemplated along either Pelican Waters Boulevard nor 

Landsborough Parade. Both roads will have reached or neared capacity, once this 

development is established and the widening of the reserves is too expensive, because of 

land resumptions and multiple waterway crossings. Opportunities may exist for bus priority 

lighting along Pelican Waters Boulevard at a number of the established intersections. 

The established road network within Pelican Waters is confusing. Large sections of the 

community are a giant cul-de-sac. The development of the proposed road network will 

considerably improve permeability and connectivity to surrounding neighbourhoods. 

Improved pedestrian and cycle networks have been proposed that link the key destinations 

and will encourage modal change. 

The Preliminary Approval Code has been conditioned to require end of trip facilities in all 

commercial developments, bicycle storage in all developments and reduced carparking 

rates, particularly within the Business Centre on the major public transport route. 

A conserving, clean and green system 

The majority of this goal is aimed at reducing transportation energy consumption and 

delivering a transport system and related infrastructure in an environmentally responsible 

manner. There are a couple of initiatives that can be implemented to assist in encouraging 

the mode shift that this goal seeks to achieve. These include the provision of purpose 

designed spaces for motorcycles and scooters in highly visible and accessible locations and 

utilising road corridor capacity rather than adding capacity, which in turn supports the 

improvement of sustainable transport networks which relieve the corridor’s concentrated 

load. 

Transport and land use integration serves the local and regional economy and promotes self 

containment 

There are no dedicated public transport corridors, other than Caloundra and Maroochydore 

Corridor Options Study (CAMCOS), identified to service Pelican Waters. Should at anytime 

the Caloundra and Maroochydore Corridor Options Study corridor be constructed along this 

alignment, opportunity exists for bus priority within the respective road reserves leading to 

the Business Centre. Limited options, including bus priority lighting along Pelican Water 

Boulevard, may be a long term option if the Caloundra and Maroochydore Corridor Options 

Study corridor remains undeveloped and congestion on Pelican Waters Boulevard increases. 

Limited options are available for bus priority along Lamerough Parade at Golden Beach. 

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A safe travel environment is delivered 

The pedestrian and cycle network and road network has been implemented to minimise the 

conflict with motor vehicles. At each stage of the development detailed design will address 

traffic management and road safety issues. 

Sunshine Coast Waterways and Coastal Management Strategy 2011-2021 

The Sunshine Coast Waterways and Coastal Management Strategy 2011-2021 (The 

Strategy), recently adopted by Council, outlines key values, challenges and strategic 

directions to guide future planning and implementation. The Strategy provides strategic 

directions for natural waterways, such as the Pumicestone Passage, constructed 

waterbodies, such as the Pelican Waters lake system and coastal foreshores, like Bells 

Creek. The subject land and proposal are influenced by all three of these systems a 

summary of which follows: 

SECTION 5.0 – STRATEGIC DIRECTIONS 

NATURAL WATERWAYS (PRINCIPLES) 

Management seeks to balance the recreation/social, environmental, economic and cultural 

values in a considered way 

The proposed development is of a scale to provide recreational and economic opportunities 

associated with the marine environment, and at the same time expose the environmental 

values of that same marine environment to the adverse impacts of land, lake and canal 

development. 

If all three values are to be considered, then the development and implementation of the 

management plans discussed in this report, are critical to the achievement of the outcomes 

sought by the Waterways and Coastal Management Strategy. 

Aquatic and riparian ecosystems are protected and enhanced 

Marine plants are intended to be removed from part of the site. The marine plants are 

located along an existing drainage line within the eastern boundary of the site. Queensland 

Fisheries have supported the removal of these marine plants. The conditions of this report 

recommend a replanting program to compensate at a ratio of 2:1. The area of coastal buffer 

originally proposed along the boundary of the site to Bells Creek was 40 metres. Through 

negotiations, Jensen Park has been extended providing Bells Creek with a buffer width in 

excess of 100 metres. 

No urban run-off from this development is to be discharged into Bells Creek. A system of 

parkland areas, esplanades and the coastal pathway network will provide improved 

surveillance along the buffer to Bells Creek. 

These measures will result in medium to long term improvements in the local riparian 

systems along Bells Creek. 

Catchment pressures are managed through regional initiatives and catchment specific 

management plans 

The development of a catchment and estuary management plan for the Pumicestone 

Passage has been identified for 2012. 

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The catchment and estuary management plan will be used to manage challenges and 

achieve a balance for social (recreational use and access), cultural significance, residential 

waterfront communities), environmental (waterway health), and economic (tourism and water 

based industries) values. 

The catchment and estuary management plan is expected to review both established and 

proposed land and water based activities making recommendations on measures to achieve 

the desired social, environmental and economic values. The catchment and estuary 

management plans may lead to the implementation of marine zones and related compliance 

arrangements as identified in Strategic Outcome NW 5. 

The estimated additional recreational boating generated by the proposed development when 

viewed against established use and predicted background increase is in the order of 5%. 

While this figure in itself is minor, the whole picture of recreational use on the Pumicestone 

Passage is a continuing concern, if not appropriately managed through an implemented 

catchment and estuary management strategy. 

Improvements to waterway health are made through the identification and management of 

diffuse and point sources or waterway pollution 

All point sources associated with the proposed development must be treated prior to 

discharge into the lake system. Although not part of the treatment train, the lake will perform 

a tertiary treatment role, which will be continuously monitored. It is not expected that the 

urban development associated with this Preliminary Approval will result in waterway 

pollution. Water quality within the lake will be required to meet the minimum desired 

standards for water quality in the Pumicestone Passage as prescribed by the Environmental 

Protection (Water) Policy 2009. 

CONSTRUCTED WATERWAYS (PRINCIPLES) 

For newly constructed water bodies to be considered as an appropriate design solution, an 

overriding need in the public interest must be identified which identifies the integrity of the 

claimed functions, the risks and net benefit attributable to the Sunshine Coast Region, the 

general public and other parties 

Since the subject land was rezoned back in 1996, water bodies have been an integral part of 

the planning for this site as evidenced by subsequent Planning Schemes which have 

identified waterway extensions, a marina and a Town Centre with aspect over water. 

Despite this, council officers have been working to ensure that any constructed water body 

associated with the development demonstrates an overriding need in terms of the public 

interest, minimises the risks and justifies the net benefits to the Sunshine Coast Region. 

• First, the Town Centre has been located and designed to service a community in 

excess of 11,000 people. The Town Centre is based on the principles of sustainable 

transport by providing opportunities for employment and high density residential in 

close proximity to be serviced by high frequency bus routes supported by Translink. 

In order for the Town Centre to be built in this central location and to provide for the 

appropriate immunity levels, including catering for climate change, fill needs to be 

sourced. Without the waterbodies, the fill would be sourced externally, which is 

neither preferred from an environmental, amenity, maintenance, or economic 

perspective. 

• Second, the proposed development includes the opportunity for low scale marine 

based industry and a boutique town centre, which may assist in diversifying the 

industry base on the Sunshine Coast; 

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• Third, the walkable waterfront, marina and proposed marine structures provide a 

significant recreation opportunity for the region’s residents to access the waterways 

and waterfront; and 

• Fourth, the applicant has agreed to provide a financial contribution towards the 

maintenance, operation and end of life replacement cost of all marine structures and 

infrastructure associated with the lake and canal extension for a 40 year period. 

The integrity of the claimed functions has been substantiated through detailed assessment 

and management conditions, the risks to Council have been minimised and the net benefit of 

opportunities for the immediate and general community are significant. 

Other Principles include: 

Constructed water bodies are designed and managed to maximise resource use efficiency 

and minimise life cycle costs and risks - 

Apart from the financial contribution, the tidal exchange system being proposed is the most 

efficient method of tidal exchange currently utilised as it relies primarily on the fluctuating tide 

and actuated valves rather than sophisticated and energy reliant pump systems, such as the 

one servicing the northern lake system in Pelican Waters. 

Constructed water body management is regionally consistent and considers the integrity of 

functions and the integrated competing nature of social, economic and environmental 

functions - 

Both lake and canal management plans are required to be prepared and submitted for 

Council assessment. As evidenced by the relevant conditions, these management plans will 

involve detailed aspects of the social, economic and environmental functions of each water 

body. These management plans are a consistent standard for constructed water body 

management that has been derived from established management plans, maintenance 

programs and best practice water quality management initiatives. 

Constructed lakes are not considered part of the urban water treatment train – 

The majority of the site drains to the proposed lake system. The lake has not been designed 

to be part of the urban water treatment train. All treatment of urban run-off is to occur on the 

land. The water quality standards established by the conditions require this to be continually 

demonstrated through testing. The maintenance of the lake system is not to be transferred 

to Council until it is demonstrated over a continuous period that the water quality objectives 

within the lake are being achieved. 

Climate change considerations are incorporated into constructed water body design and 

management – 

All coastal infrastructure will be designed to cater for estimated climate change at 2100. 

COASTAL FORESHORES (PRINCIPLES) 

The management and the development of the coastal zone occurs in an ecologically 

sensitive manner for the good of the entire Sunshine Coast community wherever possible 

Whilst the risk to the environment cannot be eliminated, management plans and measures 

required and proposed to be put in place will significantly decrease the risk to and associated 

with this coastal development. 

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Preliminary modelling has indicated that water quality objectives can be achieved, minimum 

development and infrastructure levels are being designed to cater for coastal conditions, 

climate change and sea level rises and proposed catchment and estuarine management 

plans are to be implemented to manage the balance between recreation use and the 

environment. Lake and Tidal Management Plans are to be prepared and implemented to 

manage recreation uses, monitor water quality and maintenance programs and to set in 

place emergency procedures should problems occur. The provision of a financial 

contribution is designed to minimise the financial risk to the Sunshine Coast Community of 

maintaining, operating and replacing this infrastructure. 

These strategies combine to minimise the community and environment’s exposure to the 

risks associated with coastal development. 

The coast is managed to allow for natural fluctuations to occur, as well as systematic 

changes as a result of climate change and sea level rise, and provide protection for life and 

property wherever possible 

All development and infrastructure has been designed to cater for climate change as 

prescribed by the State Coastal Management Plan. 

Coastal social and recreational land uses are maintained and enhanced, consistent with the 

conservation of coastal resources and the provision of public safety 

The proposed development provides the opportunity for increased recreational opportunities 

associated with the coastal environment. Catchment and Estuarine Management Plans will 

be an essential tool to manage the potential impact of increased access to the Pumicestone 

Passage. 

Water quality in the coastal zone is maintained at a standard that protects and maintains 

coastal ecosystems and their ability to support human use. 

The water quality objectives of the respective management plans are designed to achieve 

the minimum water quality objectives for the Pumicestone Passage under the State 

Government’s Environmental Protection (Water) Policy 2009. Measures and actions are 

required by the development to achieve these minimum water quality standards for the 

development. 

Cultural heritage and social history associated with coastal foreshores are protected, 

promoted and well managed 

The esplanade area directly adjacent the subject land contains middens established by 

former indigenous communities. No works are proposed in this area. Opportunity for 

education may exist in conjunction with the development of the coastal path network. 

Sunshine Coast Biodiversity Strategy 21010-2020 

GENERAL 

The Strategy identifies Pumicestone Passage as an area of interest and reinforces the 

importance of preserving and maintaining the environmental values of the waterway. 

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POPULATION GROWTH AND DEVELOPMENT 

Vegetation Clearing – Habitat Loss and Fragmentation 

The subject site was predominately cleared of vegetation between 1990 and 1994, with the 

exception of some scattered patches of vegetation located along the southern and eastern 

boundaries. Since 1994, regular clearing/slashing has maintained the property such that at 

present the subject land supports only a limited amount of native and exotic regrowth 

vegetation. 

According to the Regional Ecosystem Mapping produced by Department of Environment and 

Resource Management, the subject land supports a small extent of remnant vegetation (least 

concern) along the southern-western boundary. This area of the site while part of the overall 

application for the southern lake, is subject to a previous development approval for 

Reconfiguration a Lot (64 Lots) whereby minimal clearing of the remnant vegetation (least 

concern) was approved by the Department of Environment and Resource Management. 

With respect to the proposed development, it has been established that the site is largely 

devoid of any significant vegetation. Areas of ecological importance include the buffer to 

Bells Creek and the tidal inlet adjacent to Jensen Park. Negotiations with the developer have 

secured additional open space adjacent to Bells Creek increasing the buffer width to the 

wetland from approximately 40m to over 100m. This additional open space increases the 

area of Jensen Park to 5 hectares. This increased area provides opportunities to: 

• rehabilitate and revegetate the tidal inlet adjacent to Jensen Park; 

• rehabilitate and revegetate the riparian buffer to Bells Creek; 

• enhance riparian stability; 

• improve the quality of fauna corridors along Bells Creek; 

• reduce nutrient/sediment loss to Bells Creek; and 

• improve marine plant ecosystems along Bells Creek, given the requirement for offsets 

at a ratio of 2:1. 

The proposed development will result in some habitat loss, particularly the flora and fauna 

communities that have established in the constructed drainage channel extending from the 

tidal inlet and north of Michael Street. This area contains a high level of exotic weed 

infestation. It is recommended there be no net loss of wetland habitat, therefore conditions 

are included that require marine plant offsets at a ration of 2:1 for the loss of the marine 

plants that have established in the constructed drainage channel. 

With regard to fauna, it is proposed that fauna translocation conditions will be included on 

future applications for operational works. It is considered in this instance the extent of 

clearing will not represent habitat that is critical to the survival of fauna populations found in 

the area. Consideration of the rehabilitation and revegetating works required to the riparian 

buffer adjacent to Bells Creek, removal of exotic weed species and rehabilitation of the tidal 

inlet area will significantly improve the local ecosystem and movement corridors along Bells 

Creek. 

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Introduction of Pest Species 

The developer is required to prepare and submit to council an Open Space Strategy for the 

whole of the preliminary approval area that addresses a range of matters. Specific to pest 

and weed control, the Open Space Strategy is to include provisions for: 

• rehabilitation and revegetation plans; and 

• weed management strategy 

The Open Space Strategy (inclusive of a rehabilitation and revegetation plan and weed 

management strategy) is required to be provided with the application for the first stage of 

subdivision. Any required amendments to those plans and strategies will be conditioned as 

part of the first stage of subdivision. 

Pollution and Stormwater Run-off 

All stormwater from the development will be treated to current best practice. The water 

quality within the lake and marina is predicted to meet Environmental Protection Policy 

(Water) 2009 – Pumicestone Passage Environmental Values and Water Quality Objectives. 

The developer is required to prepare and submit a Stormwater Quantity Management 

Strategy for the whole of the preliminary approval area. With each subsequent application 

for subdivision the developer is required to prepare and submit a detailed Stormwater 

Quantity and Quality Management Plan that demonstrates how Water Sensitive Urban 

Design devices will be integrated into the development to treat stormwater to current best 

practice prior to discharge into the lake/canal. 

In addition the developer is required to prepare and submit a Lake Management Plan and 

Tidal Waterway Management Plan. Specific to pollution and stormwater run-off, these 

management plans are required to include provisions for: 

• water quality objectives; 

• water quality monitoring program, including sampling site locations, frequency etc; 

• incident response and reporting; 

• summary of design pollutant loadings and modelling assumptions; and 

• summary of predicted water quality 

Waste Minimisation Strategy 2009-2014 

GENERAL 

Council views the Waste Management Strategy as a partnership with the community and 

business. This has been the approach to importing some of the actions from the Waste 

Management Strategy into the Pelican Waters Development. 

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OUTCOMES 

Domestic Waste 

The Strategy identifies that significant waste reduction can be achieved if domestic waste is 

managed appropriately. The management of domestic waste is heavily reliant on the 

resident and therefore education and incentive programs are important to achieving waste 

reduction. Some of the actions sought by the Strategy that could be relevant to the 

development include the provision of neighbourhood gardens within parks, education 

programs provided to new residents and green waste bins for a 12 month trail period. 

A condition has been drafted which requires the applicant to prepare a waste minimisation 

strategy to be developed in conjunction with the relevant Council Departments that attempts 

to educate future residents and provide them with opportunities to minimise waste in their 

neighbourhoods. 

Recycling in Commercial and Multi Residential Developments 

All commercial and multi unit residential developments are required to install recycling bins 

as part of their operation. Council will work with developers to determine the most mutually 

beneficial recycling collection arrangement. 

Education and incentive programs can be implemented with each subsequent commercial 

and multi-unit development. A provision within the Code requires each commercial and multi 

unit developer to prepare a waste minimisation strategy to be submitted with their Material 

Change of Use applications. 

Construction Waste 

The Strategy supports education and incentive programs to encourage developers to 

minimise the extent of construction waste going into landfills. The waste minimisation 

strategy to be prepared by the applicant in conjunction with Council, will be required to 

address education and incentive programs to reflect the outcomes sought by the strategy. 

The waste minimisation strategy affords Council the opportunity to work with a major 

developer to educate, provide initiatives and record data at the initial stage of a major 

development to achieve waste minimisation. 

Climate Change and Peak Oil Strategy 2010-2020 

GENERAL 

The Climate Change and Peak Oil Strategy takes a risk avoidance and management 

approach to: 

• reducing greenhouse gas emissions; 

• cut oil dependency; 

• help the Sunshine Coast transition to alternative energy sources; 

• adapt to the prospect of climate change; and 

• build business capacity for the Council and the region 

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The Strategy provides a roadmap for the next decade through a set of eight objectives and 

an Action Plan. 

Although the Climate Change and Peak Oil Strategy has limited actions that relate to 

development assessment, the assessment has identified the following objectives and related 

actions that could and are being implemented within the proposed development. 

OBJECTIVES 

Reducing greenshouse gas emissions 

The Climate Change and Peak Oil Strategy aims at support and strengthening settlement 

patterns that incorporate compact urban forms with an emphasis on mixed use and transit 

orientated development principles. To this point in time the Pelican Waters community has 

been a general low scale subdivision at odds with this objective. 

The proposed development represents a considerable change in development philosophy, 

which will increase the localisation of the community through the provision of a greater 

diversity of employment and residential options and increased recreation, community and 

retail services. These land uses will be supported by a high quality pedestrian and cycle 

network and bus network which is significantly improved by the density of population, the 

destination and permeability of service. 

Increased localisation, land use and infrastructure outcomes that support a transport mode 

shift, whether through walking, bicycles or bus, will significantly improve the green-house gas 

emissions of the established community and set new benchmarks for the proposed 

extensions to this community. 

The development and implementation of ecologically sustainable building principles should 

be broken into two parts: 

• built form design parameters; and 

• energy and water conservation measures. 

The Preliminary Approval process affords Council the opportunity to implementation built 

form design parameters that aim to achieve sustainable outcomes to reduce reliance on 

energy consumptive appliances. In response, provisions within the code require 

development to be responsive to localised climatic conditions. Provisions have been drafted 

into the code related to terrace style housing that requires all rooms to be serviced with 

natural light and ventilation, a matter that in the past the industry has been unwilling to 

address. Other provisions exist and measures to be demonstrated at subsequent 

assessment stages. 

The second component, energy and water conservation measures are required to be 

provided by the Climate and Energy Code and Stormwater Management Code of the 

Caloundra City Plan 2004, which establishes minimum standards for both commercial and 

residential development. Further detail will be required with subsequent applications over 

individual sites. 

In regard to water conservation measures, all development, including dwelling houses, 

multiple dwellings and commercial development are required to have on-site water 

harvesting, for internal and external non-potable use, which will significantly decrease 

reliance on potable water supply. 

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In addition, a condition has been included that requires the developer of the subdivision to 

prepare a water harvesting plan for public areas (parks and roads), with the aim of reducing 

potable water usage in parks for non potable purposes (ie; irrigation). The installation of this 

system will have a long term cost implication for Council related to the operation, 

maintenance and ‘end of life’ replacement cost of the infrastructure. 

These measures are expected to reduce potable water use in the order of 30%-40% over 

established standards, which will reduce household expense. 

Cut oil dependency 

The further development of the District Business Centre at Pelican Waters, including the high 

residential densities, emphasises the principle of localisation, support local business and 

encourage local economic growth. 

Localisation of economic opportunities when combined with improved opportunities for a 

sustainable and higher frequency public transport service for intra-community and regional 

travel and a well connected pedestrian and cycle network, substantially improve support for 

transport mode shifts. 

Help the Sunshine Coast transition to alternative energy sources 

The Energy Transition Plan 2010 – 2010 attempts to assist build a low carbon, low oil, 

resilient future for the Sunshine Coast. The Plan proposes six objectives for Council and the 

community. Not all of the objectives are of relevance to the assessment of this application. 

Those that are include: 

• to support economic diversification and maximise clean energy investment; 

• to reduce consumption of crude oil based fuels; and 

• to reduce household energy costs. 

The latter two objectives have been addressed in the sections of this report above. In regard 

to supporting economic diversification and maximising clean energy investment, the 

proposed development attempts to create a hub for marine orientated light industry and 

support services. The proposal is attempting to attract new tertiary industries to the 

Sunshine Coast by placing them in a highly desirable location by: 

• giving them direct access to the water; and 

• providing residential, retail and commercial uses in close proximity. 

In regard to encouraging clean energy investment, the requirements of the Climate and 

Energy Code of the Caloundra City Plan require the developers of individual sites to identify 

measures to mitigate energy consumption within their development, which can include clean 

energy investment. 

To reduce consumption of crude oil based fuels 

Refer to ‘Cut oil dependency’ section above. 

To reduce household energy costs 

Refer to ‘Reducing greenshouse gas emissions’ section above. 

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Adapt to the prospect of climate change 

Incorporating climate change projections up to 2100 into planning and decision making is 

seen as a critical action of this Strategy. While agreement has been reached that the 

development will need to cater for sea level rise due to climate change at 2100, debate 

continues over the extent of the predicted rise. Through this Strategy the Council endorsed 

the recommendations of the Intergovernmental Panel on Climate Change which established 

a predicted sea level rise of 1.1 metres. This level was supported by Sunshine Coast 

specific projections identified by the University of the Sunshine Coast. 

The relevant Queensland statutory Planning documents (South-East Queensland Regional 

Plan and Draft Queensland Coastal Plan) adopt a sea level rise figure of 0.8m by 2100. The 

sea level rise predictions adopted by the State Government are based on projections by 

Hunter J. (2008) Ways of Estimating Changes in Sea-Level Extremes Under Conditions of 

Rising Sea Level, Antarctic Climate & Ecosystems Cooperative Research Centre and upper 

limits of the range identified in the Intergovernmental Panel for Climate Change (IPCC) 

(2007) Climate Change 2007: The Physical Science Basis, Contribution of Working Group 1 

to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change. 

The sea level rise value of 1.1m is adopted from the Australian Government Department of 

Climate Change (2009) Climate change risks to Australia’s Coast, A First Pass National 

Assessment Department of Climate Change. The sea level rise value of 1.1 metres by 2100 

was selected in the Department of Climate Change assessment as it represented a plausible 

range of sea level rise values from post IPCC research. 

Table 1 shows the 100 year ARI storm tide level, Highest Astronomical Tide (HAT) and 

Lowest Astronomical Tide (LAT) both under current climate conditions and with 0.8m and 

1.1m sea level rise. Note that only the increase in sea level has been taken into account with 

the storm tide figure. Storm tide events are predicted to become more frequent and more 

intense but without any further storm tide studies being undertaken the increase in frequency 

and intensity of storm tide events is not known. 

Table 1: Levels at Golden Beach Under Current Climate and Year 2100 (All Values 

in m AHD) 

Current 

Year 2100 

0.8m Seal Level 1.1m Sea Level Rise 

Rise 

100 year ARI Storm 1.95 2.75 3.05 

Tide at Golden Beach 

Highest Astronomical 0.85 1.65 1.95 

Tide 

Lowest Astronomical 

Tide 

-0.66 0.14 0.44 

Table 2 shows the freeboard from the 100 year ARI storm tide level at proposed floor, fill 

platform and road levels under both current climate conditions and with 0.8m and 1.1m sea 

level rise. Note that the 100 year ARI storm tide level is higher than the peak 100 year ARI 

floor level from both regional and local flooding. Table 2 shows that under current climate 

conditions proposed floor, fill platform and road levels significantly exceed the requirements 

of Caloundra City Plan and QUDM. Including 0.8m sea level rise the proposed floor, fill 

platform and road levels have less than the required freeboard. Proposed floor levels and fill 

levels are still above peak flood levels and would be in accordance with the requirements of 

Maroochy Plan. 

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Roads have an inundation depth slightly above that required by QUDM. With a sea level rise 

of 1.1m only the floor levels remain above the 100 year storm tide level and the freeboard is 

reduced to 0.15m. The inundation depth over roads meets the requirements for access to 

rural residential and rural building sites only. 

Table 2: Freeboard from 100 year ARI Storm Tide Level at Golden Beach to 

Proposed Floor, Fill and Road Levels (All Values in m AHD) 

Current 

Year 2100 

0.8m Seal Level 1.1m Sea Level Rise 

Rise 

Freeboard to 1.25 0.45 0.15 

Proposed Floor Level 

Freeboard to 0.5 - - 

proposed Floor 

Levels required by 

current Flood 


Freeboard to 0.95 0.15 Inundated by 0.15 

Proposed Fill 

Platform Level 

Freeboard to 0.5 - - 

proposed Floor 

Levels required by 

current Flood 


Freeboard to 0.45 Inundated by 0.35 Inundated by 0.65 

Proposed Road Level 

QUDM Table 7.04.1 Inundated by 

0.25 

In summary all dwellings constructed under the preliminary approval are predicted to be free 

from inundation during a peak 100 year ARI event including a sea level rise of 1.1m. 

Freeboard requirements to floor levels and lots will however not be achieved. 

Objective No. 5 of the (CCPOS) is to Identify and Plan for Climate Change Risks including 

reducing climate change risks through land use planning. The implementation of using land 

use planning to limit climate change risks is due for completion in 2013 and is linked to the 

New Planning Scheme. The application has been recommended for approval and fill levels 

set which are not in accordance with the CCPOS because the requirements of the CCPOS 

are not reflected in either the current planning scheme applicable to the development or in 

any applicable State Government planning instruments. 

Adapting to the impacts of climate change are features of the Strategy that have been 

adopted during the assessment of this application. 

• both development and infrastructure are required to be constructed to cater for 

climate change; 

• the impacts of mosquito’s have been addressed and in places setbacks to marine 

environments increased; 

• open space areas have been increased in size to ensure they continue to be fit for 

purpose even if inundation of lower areas occurs; and 

• buffers to Bells Creek have been increased and rehabilitation and revegetation works 

required to enhance the riparian corridor along Bells Creek. 

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Build business capacity for the Council and the region 

This objective relates primarily to building partnerships with business to support initiatives 

that increase the adaptive capacity of the Sunshine Coast region. For example, maximising 

and attracting investment in low emission and renewable technologies and economies. 

There were no specific actions relevant to the assessment of this application. 

Economic Development Strategy 2010-2014 

GENERAL 

The overall purpose of the Economic Strategy is to enable the creation of wealth, prosperity 

and jobs in line with the council’s vision of being Australia’s most sustainable region. 

ACTION PLAN 

A Broad Economic Base. 

The proposed development incorporates provisions to establish low impact marine orientated 

industries to support the proposed marina and 14,000m 2 Gross Floor Area that is intended to 

be developed as a mixed use town centre. The town centre is intended to incorporate a 

range of uses from medical, commercial, office, shop and restaurant type uses. 

The extent and scale of the town centre is consistent with Caloundra City’s Business Centres 

Hierarchy and provides opportunities to attract new capital investment to the development of 

the Pelican Waters district business centre. 

Support for Local Business. 

The proposal incorporates the development of the final stages of the Pelican Water district 

business centre. The development of the district business centre will contribute to the local 

community’s wellbeing by providing basic convenience retailing within walking distance of 

most town centre residents, workers and visitors, providing a destination dining precinct 

serving as a social focus for the community, and creating local employment opportunities. 

It is established that Pelican Waters and Golden Beach areas have limited supply of 

commercial space. It is forecast that 3,200m 2 of commercial floor space will be warranted in 

the town centre by build out. It will provide common professional services in a convenient 

location, thereby generating new economic and employment benefits to the Caloundra South 

community. The majority of commercial space will be occupied by local businesses and 

medical and health services servicing the growing Pelican Waters community and therefore it 

is expected to have minimal impacts on existing commercial uses in the Pelican Waters – 

Golden Beach area or the Caloundra CBD. 

A Sustainable Tourism Industry. 

It is intended the district business centre be the focal point providing a vibrant place for 

residents and visitors to shop, work and socialise. Precincts adjacent to the water are 

proposed to capitalise on the amenity offered by the marina and predominantly comprise of 

restaurants, cafes and bars that provide for outdoor dining opportunities. In addition, the 

proposed planning area code provides for the opportunity for short term accommodation to 

be established within the district business centre. 

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The combination of short-term accommodation and dining and shopping opportunities in a 

waterfront setting provides the ability for a boutique tourism precinct to be established. It is 

also possible that Pelican waters town centre will evolve into a leisure destination that will 

attract a substantial number of visitors in addition to local residents. 


Strategic Plan/Desired Environmental Outcomes 

The subject land is located within the Caloundra South Locality under the Caloundra City 

Plan 2004 (Planning Scheme) and is designated as Emerging Community. This designation 

was intended to recognise the extensive amount of planning already undertaken over these 

areas and preserve the integrity of existing approvals and planning intents established 

through various Development Control Plans, particularly for Pelican Waters. 

Precinct Intent 

The subject site is located in the Emerging Community Precinct. The overall outcomes for 

the Emerging Community Precinct include: 

• development in the precinct is designed and co-ordinated to achieve safe, healthy 

and pleasant new communities which are well integrated with existing communities; 

and 

• development in the precinct is consistent with the structure planning elements 

identified on the relevant Planning Area Code Map; and 

• development in the precinct provides for urban services. 

The proposed development generally achieves the overall outcomes, but it is noted that the 

applicant seeks to provide alternative outcomes in relation to the building height, open space 

network and community facilities. The matters are discussed in greater detail below. 

Planning Area Overall Outcomes 

Within the Caloundra South Planning Area Code there are a number of overall planning area 

outcomes specific to the subject land including: 

• development in the emerging community of Pelican Waters (accommodating an 

ultimate population of 11,000 residents) is progressive and in accordance with 

existing approvals and commitments; 

• the District Business Centre at Pelican Waters supports the convenience needs of 

residents and visitors at Golden Beach and Pelican Waters. Commercial and 

business functions within this centre are expanded and improved, but residents of the 

Planning Area continue to rely on the Caloundra Regional Business Centre for higher 

goods and services; 

• pedestrian and cyclists are provided with safe and convenient access to centres, 

waterfront activities and open space networks; 

• the road network is progressively upgraded to service the emerging community of 

Pelican Waters and to reduce the pressure on Landsborough Parade and Baldwin 

Street. A new north-south road is provided to the west of Golden Beach (Pelican 

Waters Boulevard) to the Nicklin Way roundabout and a new trunk collector road is 

provided serving the southern part of Pelican Waters and Diamond Head (adjacent 

Bells Creek); 

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• the natural and environmental qualities of Pumicestone Passage, Bells Creek and 

Lamerough Creek are maintained through the protection of significant vegetation 

adjacent to these waterways. In addition, significant vegetation to the west of Pelican 

Waters and surrounding the Caloundra Aerodrome is protected; and 

• development in the Planning Area implements best practice environmental 

management to achieve a high standard of water quality entering the Moreton Bay 

Marine Park and Pumicestone Passage catchment; 

The proposed development incorporates the completion of development as envisaged under 

the Planning Scheme for the Pelican Waters community for a final estimated population of 

less than 11,000 residents. 

The proposed development incorporates the completion of the District Business Centre with 

an increase in business and commercial functions. The quantity of floor area and use types 

have been managed to ensure the District Business Centre does not compete with the higher 

order uses in Caloundra. 

Improved pedestrian and cyclist networks are required to overcome the considerable 

impediment the lake creates to pedestrian and cyclist movements. The provision of two 

pedestrian/cycle bridges across the lake and the proposed walkable waterfront will 

significantly improve access to the District Business Centre, Open Spaces, Schools, 

Community Facilities and the waterfront. 

The link to Nicklin Way (Pelican Waters Boulevard) has been provided and the link to 

Diamond Head is incorporated within this proposal. External works will be required to 

Michael Street (Diamond Head) and Anning Boulevard to minimise traffic impacts on 

established residential areas. 

The Environment section of this report addresses the concerns over the potential impacts 

associated with the proposed development, on the Pumicestone Passage and Bells Creek. 

Water quality issues associated with the proposed Canal extension and the lake have been 

considered and adequately addressed. 

The approval of this application does not permit development to occur. The applicant will be 

required to submit a canal and lake management plan for assessment as part of the first 

stage of development related to any approval of this Preliminary Approval. 

DISTRICT BUSINESS CENTRE PRECINCT 

The initial components of the Pelican Waters District Business Centre were the Tavern and 

Shopping Centre which opened in 2002. Whilst appropriate at the time, the design of the 

Shopping Centre did little toward integrating with the surrounding undeveloped lands, which 

are the subject of this application. The applicant began an urban design exercise involving 

the shaping of waterways to create a north-east facing Town Centre component which 

extends from Pelican Waters Boulevard adjacent the existing Shopping Centre. 

The Town Centre component of the District Business Centre is based on a Main Street 

format and incorporates three main areas: 

1. Marine - Based Business; 

2. Mixed Use; and 

3. Medium Density Residential 

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The Marine-Based Business area is located adjacent to and south-west of the existing 

shopping centre. The location and proposed activities are designed to sleeve the servicing 

areas of the shopping centre and provide a gateway into the mixed use area. The types of 

activities that are supported in this area include a boat stacking facility, marine based 

businesses (i.e. chandlery, boat sales, etc.), residential development and commercial office 

space up to 4,600m². These commercial premises are expected to appeal primarily to 

companies drawn by amenities such as marine environment and those that seek a highly 

distinctive image and working environment, including businesses in creative industries 

ranging from architecture to software design. The proposed Planning Area Code does not 

support the establishment of marine businesses such as boat building and the servicing and 

maintenance of boats within this Precinct. 

The applicant has proposed showrooms in this area, which is inconsistent with the 

commercial hierarchy and is not supported. 

The Mixed Use area is intended to become the main feature of the District Business Centre, 

intentionally located with a north-east aspect over the future marina. The majority of the 

additional retail floor area (up to a total of 6,200m²) will be located in this area, predominantly 

comprising shops and restaurants with the potential for one convenience supermarket. 

Commercial office space of up to 2,400m² is proposed, as is land for community facilities and 

public waterfront areas. The proposed density and mix of uses within this area are 

consistent with the intent of the Planning Scheme. 

The Mixed Use area will include significant densities of residential and tourism 

accommodation in a Main Street format generally with a 2-3 storey façade interspersed with 

higher building elements to 6 storeys. One focal tower is proposed by the applicant up to 13 

storeys (approximately 40-45 metres) high. The Planning Scheme does support the 

inclusion of two focal towers at Pelican Waters. The first and only developed site is the 

Crown Plaza, located adjacent the Golf Course in the western part of Pelican Waters, the 

second site is located by the Planning Scheme in the District Business Centre. These towers 

are permitted to a height of 30 metres (approximately 8-9 storeys), although the Crown Plaza 

is approved at 12 storeys and approximately 40 metres. There is no apparent justification for 

this increase in height in the Planning Report. 

Justification for an increase in building height to 13 storeys is based around building 

economics. Once a building exceeds 8 storeys in height, then additional safety and design 

requirements make it unviable to do over only 1 or 2 storeys, therefore, encouraging more 

storeys to spread costs. The maximum building height in the Caloundra CBD is 30-35 

metres and there are concerns over the impact of overshadowing on adjacent sites from the 

proposed tower. The recommendation is that the maximum height of the focal tower be 

limited to 30 metres in accordance with the Planning Scheme. 

The third additional area that forms part of the District Business Centre is the Medium 

Density Residential Area. This area comprises land opposite the Marine-Based Business 

Area and forms part of the gateway into the District Business Centre and the land 

immediately adjacent to the Mixed Use Area. These areas are intended to incorporate 

residential development generally in the form of Multiple Dwellings. 

MULTI-UNIT RESIDENTIAL PRECINCT 

The Multi Unit Residential Precinct is intended to form a transition between the mixed-use 

District Business Centre and the Low Density Residential allotments proposed for the fringe 

of the central island. The precinct is characterised by a central Village Park forming the 

primary open space in the precinct and is to be a central focus which the urban form, 

streetscape and built character will respond to. 

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The precinct is intended to primarily support residential uses that form the central core 

residential accommodation on the island. It is intended that the type of accommodation will 

be designed to promote housing diversity and contemporary urban living arrangements 

including Terrace Housing, Small Lot Housing and Multiple Dwellings set within a walkable 

public realm. 

To ensure an overall net residential density of 15 dwellings/ hectare can be achieved, the 

precinct is required to be developed at a gross residential density of between 20 and 32 

dwellings/ hectare. 

The precinct contains two sub-precincts being: 

• The Avenue; and 

• Transition Residential. 

The Avenue sub-precinct is aligned along the central east-west movement spine and central 

Village Park and is intended to accommodate mid to higher density forms of residential 

development providing an urban edge to the central Village Park and critical mass to support 

the District Business Centre. The building heights within The Avenue sub-precinct are 

proposed to range from 2 to 4 storeys. 

The Transition Residential sub-precinct comprise residential areas surround ‘The Avenue’ 

sub-precinct and will be developed for more traditional lower density residential development. 

LOW DENSITY RESIDENTIAL PRECINCT 

The Low Density Residential Precinct is characterised by residential development of a more 

traditional suburban form and represents the most significant land area of the site. 

The majority of the Low Density Residential Precinct is intended to be developed at a density 

of 12 dwellings/ hectare with a maximum height of two storeys. Specific areas have been 

identified within this Precinct for a higher density housing form of development up to 22 

dwellings/ hectare with a maximum height of three storeys. The typical housing product in 

these areas will be Terrace Housing and Multiple Dwellings. These areas are generally 

located north of the District Business Centre and east of the District Business Centre 

adjacent established residential areas of Golden Beach (Diamond Head) and Pelican Waters 

(Harbourlights Way). 

The Planning Scheme requires new communities to be well integrated with existing 

communities. The proposed density of development adjacent to the established residential 

area of Golden Beach (Diamond Head) and Pelican Waters (Harbourlights Way) does not 

integrate with the built form character of the existing community in that it provides lot sizes 

down to one quarter (¼) of the size of the adjoining established residential area. 

Other matters of concern relate to the provision of overland flow paths to cater for flood 

events, which are more difficult to provide as the density of development increases. Council 

has also received numerous submissions from land owners in the established area 

concerned about the density of development adjacent to their property boundary. 

In light of the above discussion, it is recommended that the identified “Transition Residential” 

sub-precinct located between Maryann Street, Golden Beach and Harbourlights Way, 

Pelican Waters be removed and the area identified as “Low Density Residential Precinct” to 

more appropriately reflect the existing residential densities and built form that surround this 

particular part of the development site. 

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The applicant’s proposed density and form of development is still warranted within the 

development, but there are alternative locations for these residential densities which would 

avoid conflicts with established residential areas. 

Proposed Southern Lakes Pelican Waters Planning Area Code 

The proposed Southern Lakes Pelican Waters Planning Area Code is based on the same 

structure and format as the Caloundra City Plan 2004. The purpose of the Code is to provide 

an increased level of land use and built form guidance that is currently not provided for 

development in the Emerging Community Precinct. 

The Code is based upon the establishment of three Precincts being: 

• District Business Centre Precinct; 

• Multi Unit residential Precinct; and 

• Low Density Residential Precinct 

The establishment of these precincts varies the effect of the Caloundra City Plan by 

overriding the Emerging Community precinct. The above precincts and their supported land 

uses which are detailed within Caloundra City Plan have been similarly reflected within the 

proposed Planning Area Code. This maintains a level of consistency between these 

documents. The introduction of the above precincts appropriately facilitates the development 

of a wider range of uses and their respective levels of assessment, compared to the 

Emerging Community Precinct. 

The Code addresses matters such as height, density, built form, climate responsive design, 

parking and access, subdivision provisions, overall outcomes for each Precinct and 

infrastructure networks. 

The area where this Code differs from the current Planning Scheme is primarily the inclusion 

of detailed provisions relating to new housing typologies such as terrace housing and small 

lot housing. 

The section of the Code that relates to terrace housing and small lot housing includes 

detailed Acceptable Solutions that will provide a built form responsive to the specific climatic 

conditions of the Sunshine Coast. 

Conditions are included that requires amendments to the Code to resolve minor workability 

issues associated with the Code. 

Environmental Assessment 

Pumicestone Passage 

The Pumicestone Passage forms part of the Moreton Bay Marine Park and is listed as a 

Ramsar Wetland. Pumicestone Passage was recently downgraded to a “D” rating as part of 

the 2010 Healthy Waterways Ecosystem Health Monitoring Program Report Card. The 

preservation of the marine environment is the most significant issue associated with the 

assessment of this development, particularly as the proposed development incorporates an 

extension to the Lamerough Canal system, to create a marina basin and the development of 

a partial tidal lake system. 

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CANAL AND LAKE SYSTEMS 

The proposed layout includes an extension of the tidal canal off the Lamerough Canal and 

the construction of an additional partial tidal lake which will in effect create an island within 

the centre of the site. The extension of the tidal canal is proposed to include a marina basin 

with a base level of -5m Australian Height Datum. The proposed lake has a surface area of 

14.8 hectare and a depth of approximately 5m below the mean lake surface level under 

current climatic conditions (-4.5 m Australian Height Datum). 

The two water bodies will be linked by a navigation lock and weir located on the southern 

arm of the loop. The northern arm of the loop will be blocked to the passage of watercraft 

with the construction of a bunded causeway to allow the crossing of a road into the District 

Business Centre. Lake flushing is proposed via a tidal exchange system which will be 

controlled by actuated penstocks at the lock and under the bunded causeway. This system 

will force one-way flow around the lake in a clockwise direction (refer Attachment 4). 

The primary purpose of the lake, and reason why the lake is proposed to be approximately 

5m deep, is to source fill so that the proposed development has adequate freeboard to 

flooding both now and under future climate change conditions. 

The proposed tidal exchange system does not involve any pumping of water from Bells 

Creek or Pumicestone Passage and does not include any outlets to Bells Creek. 

WATER QUALITY 

Lake Water Quality 

A new lake is proposed with a surface area of 14.8 ha in size and a depth of approximately 

5m below the mean lake surface level under current climatic conditions (-4.5 m Australian 

Height Datum). The primary purpose of the lake and reason why the lake is proposed to be 

approximately 5m deep is to source fill so that the proposed development has adequate 

freeboard to flooding both now and under future climate change conditions. 

It is important to note that Acceptable Solution S35.1 states that an acceptable solution for a 

canal, channel and small boat mooring facility is that it has a maximum depth of 6 m. The 

proposal is therefore in accordance with this Acceptable Solution. The proposal is also in 

accordance with the requirements of Section 11.6.3 of Council’s Development Design 

Planning Scheme Policy which deals with design requirements for Canals. 

The lake itself sits outside of any of the precincts so the conditions need to include a level of 

detail appropriate to enable the applicant to go straight to lodging an application for 

operational works for the lake, marina and lock and weir infrastructure. 

There are two key strategies proposed for maintaining the quality of stormwater within the 

proposed lake. Firstly a system is proposed to achieve turnover of the lake water with that of 

Lamerough Canal. A lake turn over time of 22 days is proposed which is proposed to result in 

an effective lake turnover time of 30 days. The 22 day lake turnover is required to achieve an 

effective 30 day lake turnover because the modelling shows that there will be some short 

circuiting around the marina basin. This means that rather than lake turnover occurring with 

the entire Lamerough Canal a portion of the lake water is recirculated through the system. 

Modelling has been performed showing that Lamerough Canal has a 4.5 day turnover with 

the Pumicestone Passage. 

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The second strategy proposed is that all the stormwater from proposed new residential areas 

is treated to current best practice prior to discharge to the lake. This strategy treats the lake 

as the receiving waters. However, it is unavoidable that the urban stormwater discharges the 

remaining pollutants into the lake and the lake provides tertiary treatment of urban 

stormwater flows. It is important to note that untreated stormwater from existing urban areas 

will enter the lake without receiving any treatment. 

A lake water quality investigation has been undertaken by Cardno. This includes a detailed 

modelling of the lake system for a number of water quality parameters. In summary, the 

median water quality within the lake generally meets the water quality objectives. However, 

there are times when some water quality parameters will not meet the water quality 

objectives, mainly due to the inflow water quality from the existing Lamerough Canal. The 

modelling predicts the following: 

• median nutrient concentrations (TP, TN, NO3, NH4) are predicted to meet the water 

quality criteria specified in Environmental Protection (Water) Policy 2009 

Pumicestone Passage environmental values and water quality objectives; 

• salinity concentrations at the lake surface on average are predicted to be fresher than 

bed concentrations due to stormwater inflows and the saline turnover system 

proposed to discharge beneath the surface layer. Predicted average salinity 

concentrations indicate that the lake will be a strongly brackish system the majority of 

the site. However following storm events in the local catchment the surface waters 

will be quite fresh and the entire lake will be quite fresh following a large storm event 

in the local catchment; 

• chlorophyll ‘a’ is recognised as a reliable indicator of algal activity. Concentrations of 

Chlorophyll ‘a’ are predicted to meet the water quality criteria specified in 

Environmental Protection (Water) Policy 2009 Pumicestone Passage environmental 

values and water quality objectives at all times; 

• average top and bottom water temperatures are predicted to be very similar indicating 

that there is not much thermal stratification expected in the system; 

• pH levels are predicted to be relatively neutral and slightly more acidic in the bottom 

waters than the top waters; and 

• dissolved oxygen concentrations, particularly in the bottom waters, are predicted to 

be depleted below the water quality criteria following large inflow events however 

anoxic conditions are not predicted to occur. 

Marina Water Quality 

The development involves an extension of the existing Lamerough Canal to include a 

proposed marina Basin with a floor level of -5m Australian Height Datum. The marina Basin 

is close to the entrance of Lamerough Canal and is well flushed as a result. As long as good 

water quality is maintained in the Pumicestone Passage and existing Lamerough Canal then 

the marina basin will have good water quality. 

Stormwater Quality Treatment 

MUSIC modelling has been completed to size the stormwater quality improvement devices 

however the location of these devices within the urban footprint has not been undertaken at 

this stage. The key component of the stormwater quality treatment system is bioretention 

devices with some limited pollutant removal through the use of rainwater tanks and Gross 

Pollutant Traps. 

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A fundamental problem with the proposed stormwater quality treatment strategy proposed is 

that all stormwater which bypasses a rainwater tank is required to pass through a Gross 

Pollutant Trap before it enters a bioretention device. For this strategy to be implemented it 

means that stormwater needs to be treated in “at source” Gross Pollutant Trap or in “inline” 

Gross Pollutant Trap. Either way stormwater needs to enter the piped drainage system 

before being treated in a bioretention device. This approach works for sites with some grade 

but does not work for sites which are essentially flat and discharge underwater to a lake 

system. On flat sites it is not possible to treat stormwater in bioretention devices once the 

stormwater is in the piped system. On flat sites stormwater must be treated in “at source” 

bioretention devices. 

There are a number of errors which have been made when modelling the proposed 

stormwater quality treatment train in MUSIC. 

The saturated hydraulic conductivity of the filter media has been modelled at 90mm/hr. The 

saturated hydraulic conductivity of the filter media which meets the FAWB specification as 

required by Council is 200mm/hr. The result of using the lower hydraulic conductivity is that 

the device treats less stormwater but the stormwater it does treat is treated to a higher 

standard. Using the correct filter media saturated hydraulic conductivity the performance of 

the bioretention systems is improved and compliance with best practice load based reduction 

targets is still achieved. 

The second error is that the width of the overflow weir has not been increased to reflect the 

lumped approach taken in the modelling. The overflow weir width for a basin with a surface 

area of 8000m2 has been modelled with a weir width of 2m. Following the Water by Design 

MUSIC Modelling Guidelines the weir width for a basin with a filter media surface area of 

8,000m 2 should be 800m. 

The third error is that Gross Pollutant Traps are included in the treatment train in locations 

where, due to the flat nature of the site, they cannot be incorporated. 

The fourth error is that the bioretention devices have been modelled with an extended 

detention depth of 0.3 metres. This extended detention depth is suitable for “end of line” 

bioretention devices, but is unsuitable for at source devices. Because “at source” devices are 

located within the road reserve, the level difference between the top of the filter media and 

the top of extended detention needs to be minimised. Previously an extended depth of 

150mm has been accepted for at source bioretention devices. 

The fifth error is that rainwater reuse has been calculated at 700L per dwelling per day. In 

accordance with the Water by Design MUSIC Modelling Guidelines the daily reuse should be 

calculated at 205 litres per dwelling per day. 

A sixth error which makes the design conservative is that the storage surface area has been 

set as the same as the filter media surface area. This is the case where there are vertical 

walls associated with the bioretention devices. Generally, at source bioretention devices 

have 1:2 batters which means for a typical device that the storage area is 1.4 times greater in 

area than the filter media surface area. 

With all of these changes the proposed treatment train does not meet current best practice 

load based reduction targets for total suspended solids or nitrogen. This is expected as the 

bioretention filter media surface are represents only 1.1% of the total catchment area which it 

is treating and generally around 1.4% of the catchment area is required as bioretention filter 

media. Increasing the bioretention filter media surface area to the equivalent of 1.4% of the 

catchment area is required to meet best practice load based reduction targets. 

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The stormwater quality treatment system for the site will be conditioned to consist of 5KL 

rainwater harvesting tanks collecting the roofwater from proposed dwellings with re-use for 

internal and external non-potable use. Overflow from the rainwater harvesting tanks and all 

other stormwater will then be treated in at source bioretention devices. The at source 

bioretention devices shall be sized at 1.4% of the contributing catchment area, have an 

extended detention depth of 0.15m, a filter media depth of 0.8m and maximum batter slopes 

of 1:2. This stormwater treatment train will result in current best practice load based 

reduction targets being met prior to discharge to the proposed lake. 

For development types such as medium and high density residential and commercial the 

required bioretention devices will be located within the development prior to discharging to 

Council’s system. For treating stormwater from individual house allotments and road reserve 

areas the stormwater quality treatment devices will be Council owned assets located in either 

the road reserve or areas of drainage reserve. 

At this stage of the development assessment process the strategy for stormwater quality 

treatment is of most importance. The exact size of required stormwater quality treatment 

devices needs to be determined prior to reconfiguration of lot and material change of use 

approvals. 

The development land use plan and calculated developable areas have been calculated 

without consideration of where these stormwater treatment devices will be located or where 

overland flowpaths are required in the case of Catchment R. 

Overland Flow 

The filling of the site, in order to comply with flood immunity requirements, has the potential 

to block overland flowpaths from existing residential development of Golden Beach and 

Pelican Waters. 

The areas designated as Overland Flow on the Development Land Use Plan are assumed to 

be drainage reserve and as such suitable for locating bioretention devices. These areas 

alone do not appear to be in the correct locations and sizes to provide all of the required 

stormwater quality treatment. However, this is detail which is not subject to this application 

and adequate room for stormwater treatment and overland flow paths can be been 

conditioned. 

It will be conditioned that the development does not result in the ponding of stormwater within 

existing residential areas surrounding the proposed development. In addition existing 

overland flow paths will be conditioned to be maintained with 100 year Average Return 

Interval flow capacity provided as overland flow. Piping the overland flow without any relief 

overland flow path will not be acceptable. Existing overland flowpaths can be modified as 

long as 100 year Average Return Interval capacity is maintained. In complying with these 

requirements the development layout proposed on the Development Land Use Plan will need 

to be amended. However, it is possible for the development to proceed while meeting these 

requirements, but it will lessen the developable area. 

Stormwater Quantity 

Stormwater quantity is dealt with through construction of the lake system and requiring sizing 

the major and minor system such that the system is designed for ultimate flows without 

detention. As such, stormwater detention will not need to be incorporated into future 

development applications. 

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TIDAL PRISM 

Cardno have completed a Tidal Prism Review which is primarily based on existing studies 

which were undertaken at the time the original Pelican Waters canal system was proposed. 

The northern end of the Pumicestone Passage is a dynamic system with the location of sand 

banks within the passage and the location of the Caloundra Bar itself moving over time. This 

natural variation in the Pumicestone Passage has historically resulted in changes within the 

tidal prism within the Pumicestone Passage of 25%. In comparison the increase in tidal prim 

associated with both the existing and proposed waterways of Pelican Waters range from 

3.6% to 5.6%. 

The combined effect of the existing and proposed waterways on tidal velocities at the 

Caloundra Bar would be 0.7% for the ebb tide and 0.55% for the flood tide. In reality the 

increase in tidal velocity will result in a slight increase in the cross sectional area of the 

channel and the increase in tidal velocity at Caloundra Bar would be negligible. 

The increase in tidal prism and tidal velocity at the entrance of Lamerough Canal will be of 

greater significance than at the Caloundra Bar. In addition, within the existing Lamerough 

Canal the channel is enforced so there can be no increase in cross sectional area and 

increased velocities will be realised. The increase in tidal prism will however not result in any 

scour impacts within the existing Lamerough Canal. 

In summary the effects on the Pumicestone Passage due to the increase in tidal prism 

resulting from the construction of the additional waterways would be almost negligible and 

would be masked by naturally occurring variations in the tidal dynamics of the Pumice 

Passage. 

CARRYING CAPACITY FOR WATER CRAFT 

Given the application seeks to include an 80 Wet Berth marina and a 200 Berth Boat 

Stacker, it is reasonable to suggest that as a result of the proposed land uses, the number of 

private boats utilising and recreating in the waters of Pumicestone Passage will increase. 

Vessel registration data obtained from Maritime Safety Queensland shows that at 30 April 

2010, 8,132 vessels were registered in areas with convenient boating access to Pumicestone 

Passage. The natural increase of vessel registration is approximately 4.2% per annum. It is 

submitted by the applicant that it is estimated that the proposed development may increase 

the amount of vessel registrations with convenient access to Pumicestone Passage by 

between 5.5% and 7%. It is difficult to measure the actual increase of motor boat usage on 

the Pumicestone Passage. 

Council adopted the Waterways and Coastal Management Strategy that details major 

deliverables for natural waterways, of which the Pumicestone Passage Catchment is 

identified, include the development of Catchment and Estuary Management Plans and the 

establishment of marine zones. 

It is proposed to commence the development of a catchment and estuary management plan 

for the Pumicestone Passage in early 2011. This plan is intended to be a tool that will allow 

catchment and passage management issues to be identified and prioritised and suitable 

management actions (including costs and timelines) developed for priority issues. The plans 

will consider: 

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• Social: The sustainable use of our waterway for both active and passive recreational 

and leisure activities and the protection of the cultural and creative significance of 

waterways; 

• Environment: Protection and improvement of waterway health by addressing diffuse 

and point sources of pollution, extent and condition of riparian vegetation, bank 

stability and aquatic fauna; and 

• Economic: Support for the maintenance and growth of waterway dependent tourism 

and commercial industries, including both on-river operations and businesses 

adjacent to waterways, which contribute to the Sunshine Coast economy. 

The draft Waterways and Coastal Management Strategy 2010 – 2020 recognises that 

population growth, and the associated increasing demand for recreational space on our 

estuaries, is a key challenge for waterways management. It identifies marine zones as the 

most appropriate tool for improving the management and regulation of the activities of 

recreational vessels on our estuaries because they complement existing marine regulations. 

At Council’s Ordinary Meeting held on 6 October 2010, a resolution was passed to 

commence the process for establishing marine zones for the Maroochy and Mooloolah River 

estuaries, and Pumicestone Passage, in parallel with the development of holistic 

management plans for these waterways. 

Marine zones restrict certain types of vessels or certain types of activities within specific 

areas of a waterway, and if required between certain times. Marine zones can be 

established by Queensland Transport, at the request of other government entities, to 

regulate on-river activity in order to minimise nuisance, noise and other amenity issues, 

address environmental impacts, improve safety and reduce conflict between users. 

It is estimated that the establishment of marine zones for these estuaries will take at least 2 

years. Currently, there appears to be no justification for restricting or refusing the 

development of the marina and boat stacking facility. 

ACID SULPHATE SOILS 

Investigations have determined that acid sulfate soils are present on the site, and there are 

significant environmental risks associated with disturbing acid sulfate soils at this site. It is 

acknowledged that future applications will be required to prepare acid sulfate soil 

management plans prior to development occurring. For the purpose of this preliminary 

approval application the presence of acid sulfate soil on the site is considered to be 

manageable and does not represent a constraint to the overall development. 

Should this proposal be approved, it is recommended that a condition be included requiring 

the preparation of a detailed Acid Sulfate Soils investigation in accordance with the State 

Planning Policy SP2/02 and Queensland Acid Sulfate Soils Investigation Team Guidelines, 

which achieves the outcomes of SP2/02. A subsequent Acid Sulfate Soils Management Plan 

will be required to be submitted which outlines specific management in accordance with 

SPP2/02 and the Queensland Acid Sulfate Soil Technical Manual: Soil Management 

Guidelines. 

Further, the proposed Southern Lakes Pelican Waters Planning Area Code includes a note 

under section 2.1 that states: 

“All Assessment Tables, Other Development Assessment Tables and Overlay 

Assessment Tables identified in the Caloundra City Plan 2004 that are not changed 

by this preliminary approval, continue to have an effect over the land”. 

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In light of this provision all subsequent development applications will be subject to any 

applicable Overlay Code including the Acid Sulfate Soils Overlay Code as provided under the 

Caloundra City Plan 2004. 

MAINTENANCE PERIOD 

An extended on-maintenance period will be required generally, as established for the 

Northern Lake development. This period is required to ensure that the proposed systems 

complying with minimum expectations of the Water Quality Management Plan. During this 

period the applicant will be required to undertake extensive monitoring and any issues that 

arise will need to be mitigated by the applicant prior to transfer of the maintenance and 

operation of the lake to Council. 

MANAGEMENT PLANS 

The applicant will be require to provide a detailed management plan for both the lake and 

canal extension that addresses minimum water quality standards, monitoring and reporting 

programs, lake tenure and usage, infrastructure, maintenance, and operational maters, 

environmental matters including water quality, water quality monitoring and minimum 

standards, incident response and reporting and public education programs. 

Bells Creek 

BUFFER DISTANCE BETWEEN CONSERVATION ESTATE AND PROPOSED WORKS 

Negotiations with the applicant has secured additional buffer to Bells Creek in the form of 

parkland. The parkland forms an extension to the existing Jensen Park and increases the 

original buffer width along Bells Creek and the associated wetlands from 40 metres to 

approximately 100 metres (refer Attachment 8 – Open Space Network). 

The Acceptable Solution under Council’s Planning Scheme identifies a minimum buffer area 

of 100 metres where the waterway supports significant vegetation; otherwise the setback 

may be reduced to 40 metres. The buffer area at this location is currently degraded and 

conditions have been included that requires revegetation works to improve the riparian 

corridor along the banks of Bells Creek. 

This increased setback provides an area that could be utilised as a potential offset area as 

required by Fisheries Queensland for the loss of marine plants and fish habitat. 

REMOVAL OF MARINE PLANTS AND FISH HABITAT 

The proposed development will result in the removal of marine plants and fish habitat 

comprising of seagrass, mangrove, salt marsh species and salt couch. As such, the 

application was referred to Fisheries Queensland as a Concurrence Agency. The 

Department require offsets for the loss of marine plants and fish habitats and a Fisheries 

Habitat Enhancement Plan to be submitted for comment prior to submission to Council. 

It is considered that the assessment of the application by the Fisheries Queensland and the 

approval to clear marine plants below the Highest Astronomical Tide provides compliance 

with regard to the requirement of the relevant rezoning condition. 

In a recent discussion, the Fisheries Queensland indicated support for Council’s proposal to 

increase the vegetated buffer along Bells Creek as proposed above. 

As part of any subsequent development application, the applicant will be required to 

translocate suitable marine plants and relocate to appropriate substrates within the site. 

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CLEARANCE OF TERRESTRIAL VEGETATION ASSOCIATED WITH DEVELOPMENT 

The Department of Environment and Resource Management has identified the site as 

supporting non remnant vegetation with regard to the Vegetation Management Act 1999, and 

not supporting “Regrowth Vegetation”. 

However, clearance of some regrowth vegetation will occur with the proposed extension of 

Michael Street. This area, adjacent to the existing Jensen Park does support a terrestrial 

vegetation community consisting mainly of Acacia, Melaleuca and Casuarina dominated 

regrowth with a high level of exotic weed species infestation. This vegetation community 

provides both temporary and permanent habitat for a range of birds, mammals and reptiles. 

Standard conditions regarding pre clearance and fauna management will apply prior to 

clearance of vegetation associated with the development of the site. As part of the 

subsequent development applications, the applicant will be required to undertake weed 

control, revegetation/rehabilitation of all disturbed areas and undertake extensive amenity 

landscaping. 

In addition to common amphibian species, the site provides habitat for the Wallum Froglet 

(Crinia tinnula) which is listed as Vulnerable under the Nature Conservation Act. However, it 

is considered that due to the extensive nature of adjacent suitable Crinia habitat within and in 

close proximity to the site that the clearance of vegetation will not represent habitat critical to 

the survival of the population. 

In an effort to minimise the impact on the species, the applicant will be required to install frog 

guidance/exclusion fences, undertake trapping and translocate frog habitat (containing 

individuals) and relocate to appropriate areas within the site. 

Storm Surge and Flooding 

MINIMUM FILL LEVELS 

Filling of land below the current and 2100 peak 100 year Average Return Interval storm tide 

level is proposed. Filling of land subject to storm tide inundation is treated differently to filling 

of land associated with freshwater flooding. When dealing with freshwater flooding any filling 

of land in the floodplain results in displacement of floodwaters which has associated impacts. 

With storm tide flooding the inundation is caused by raised sea levels due to the low 

pressure and wind action over the ocean. Filling of land on the coast does not cause an 

increase in storm tide levels elsewhere. Therefore, it is recommended that filling of land 

subject to storm tide flooding but not regional freshwater flooding be accepted. 

To achieve 0.5 metre freeboard to 100 year Average Return Interval storm tide inundation at 

2100 floor levels within the development should be a minimum of 3.25 metres. For detached 

house lots building requirements dictate that the slab will generally be 0.3 metre above the 

ground surface resulting in the minimum floor level of 3.25 metres Australian Height Datum 

being achieved with no filling by the lot owner required if the developer fills the lot to 2.95 

metres Australian Height Datum. For medium density, commercial and industrial 

development the buildings frequently extend below the ground surface for basement parking 

etc and the finished fill level is not as critical as it is for detached house lots. For the medium 

density, commercial and industrial uses subsequent Material Change of Use applications will 

be required at which time compliance with the minimum floor level can be checked and 

enforced. Hence it is recommended that a minimum fill level of 2.95 metres Australian Height 

Datum be required for all proposed lots. This applicant proposes to fill the lots to 2.90 metres 

Australian Height Datum which falls slightly short of the required fill level. 

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The revetment wall height is proposed at 1.75 metres Australian Height Datum which is 

marginally higher than the Highest Astronomical Tide including climate change at 2100. The 

revetment walls are designed to be inundated by local, regional and storm tide flooding. To 

achieve the required minimum fill level for building platforms of 2.95 metres Australian Height 

Datum, a 1:4 batter extending approximately 5 metres back from the revetment wall is 

required. Building platforms at 2.95 metres Australian Height Datum (including allowance of 

0.8 metre for Climate Change in accordance with the South East Queensland Climate 

Change Management Plan) will be 0.2 metre above the peak 100 year Average Return 

Interval storm tide level at 2100, which is the flood event which results in the highest flood 

level at the site. 

LOCAL FLOODING 

In this report local flooding is referred to as the flooding which results from a peak flood event 

over the catchment area draining to the new lake. The source of this flooding is local 

stormwater discharging into the lake system. The assessment of local flooding does not 

consider the potential for increased tailwater levels due to coincident local flooding and a 

storm tide event. 

The revetment wall height is proposed at 1.75 metres Australian Height Datum. which is 

marginally higher than the Highest Astronomical Tide including climate change at 2100. The 

weir level is proposed to be 1.65 metres Australian Height Datum. With regard to local 

flooding at 2100 and including the drainage capacity of the penstocks the revetment walls will 

have a 3 year Average Return Interval immunity to flooding. The local 100 year Average 

Return Interval flood level in the lake at 2100 is estimated to be 2.0 metres Australian Height 

Datum which is substantially less than the 100 year Average Return Interval storm tide level 

at 2100. 

REGIONAL FLOODING 

In this report regional flooding is referred to as the flooding which results from a peak flood 

event over the Bells Creek catchment area. The assessment of regional flooding does not 

consider the potential for increased tailwater levels due to coincident regional flooding and a 

storm tide event. For the regional flood analysis a tailwater level equal to the Mean High 

Water Springs has been used which is equal to 0.58 metre Australian Height Datum which is 

substantially less than the 100 year Average Return Interval storm tide level at 2100 of 2.75 

metres Australian Height Datum. The peak regional freshwater flood level predicted adjacent 

o the site is 1.19 metres Australian Height Datum. 

The regional flood analysis considers fresh water flooding only and shows that the proposed 

development does not result in any filling of the Bells Creek floodplain during a 100 year 

Average Return Interval freshwater flood event. If a coincident storm tide event at 2100 was 

considered at the same time as regional freshwater flooding then most of the subject site 

would inundated. 

STORM TIDE FLOODING 

Under current climate conditions the 100 year Average Return Interval storm tide level 

(including wave setup) at Golden Beach is 1.95 metres Australian Height Datum. The South 

East Queensland Regional Plan (2009-2031), Part D, Section 1.4 states that for land not 

already subject to development commitment a sea level rise of 0.8 metre Australian Height 

Datum by 2100 needs to be taken into account. The result is that the 100 year Average 

Return Interval storm tide level at Golden Beach at 2100 is 2.75 metres Australian Height 

Datum based purely on sea level rise. If the frequency and intensity of severe weather 

events such as east coast lows and tropical cyclones increases then this storm tide level will 

increase further. 

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The 100 year Average Return Interval storm tide level at 2100 is, therefore, higher than both 

local and regional flood levels and is the critical event at the site. 

BRIBIE ISLAND BREAKTHROUGH 

Based on the results of the tidal prism review the proposed development will not result in an 

increase in the likelihood of a breakthrough in Bribie Island. 

Council has previously commissioned Aurecon to undertake a Risk Assessment Bribe Island 

Breakthrough Analysis. A number of risks have been identified for Golden Beach as a result 

of a breakthrough with the main one being increased tidal range and potentially increased 

shoreline erosion. Sea level rise and storm surge impacts at the proposed development are 

largely independent of a breakthrough on Bribie Island. The proposed development does not 

directly front the Pumicestone Passage and is proposed to be set back from Bells Creek so 

shoreline erosion is not critical in terms of its impact on the proposed development. In 

summary a breakthrough in Bribie Island will have little impact on the proposed development. 

Open Space and Community Facility considerations 

The Social Policy Branch has considered the open space and social infrastructure needs for 

Pelican Waters. 

Open Space Network 

The Open Space Strategy has identified a shortfall of sports grounds in the Pelican Waters 

locality and requires the provision of a district sportsground. The current Planning Scheme 

Policy requires an open space contribution of 10 hectares (approximately 5 ha for playing 

fields). In addition to this, the Caloundra South Planning Area Code requires 2 Village Parks, 

1 Neighbourhood Park with playing fields, and 1 Neighbourhood Park for the subject land. 

Negotiations with the developer have established agreement on open space provisions, as 

shown Attachment 8 – Open Space Network and a sporting fields contribution of $4,367,864 

in lieu of land. 

Community Facilities 

The Draft Social Infrastructure Strategy has confirmed the need for a community facility in 

the town centre of Pelican Waters. The community facility located within the town centre 

would encourage and strengthen the community hub within Pelican Waters. 

The Desired Standards of Service for social infrastructure recommends the provision of a 

local community centre (size approximately 6,000m 2 ) and a district community centre (size 

approximately 10,000m 2 ). Planning Scheme Policy No.11.24 requires 6,000m 2 of land or a 

community facility, which would be of an acceptable size. The applicant has agreed to the 

provision of 6,000m 2 land for community facilities to be provided within the Business District 

Precinct and will form an obligation contained within the infrastructure agreement. 

Traffic and Transport considerations 

Road Network 

EXTERNAL MAJOR ROAD NETWORK 

Vehicle movements between the external major road network and the proposed development 

are expected to mostly occur via Pelican Waters Boulevard to the Caloundra Road / Nicklin 

Way intersection, for travel to/from places further north and west, and via Pelican Waters 

Boulevard - Landsborough Parade - Park Place, for travel to/from Golden Beach and the 

Central Caloundra area. 

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The scale of proposed development on the subject site is no greater than that envisaged by 

Caloundra City Plan. Consequently, the subject development has been allowed for in 

determining the trunk road infrastructure requirements and related financial contributions 

payable by development as part of Planning Scheme Policy No. 11.22 (Infrastructure 

Contributions for Road Network Infrastructure) 2009. Road projects nominated in Planning 

Scheme Policy No. 11.22 in the general area south of Caloundra Road that development 

(including the proposed development) is required to contribute towards include: 

• Baldwin Street (Bowman Road to North Street) - four lanes; 

• Burke Street (Blaxland Street to Pelican Waters Boulevard) - two lane extension; 

• North Street (Park Place to Baldwin Street) - road capacity improvements; 

• North Street (Baldwin Street to Pelican Waters Boulevard) - two lane extension; and 

• Landsborough Parade (Golden Beach) - intersection improvements. 

The actual financial contributions payable by the applicant towards projects on the major 

road network will be determined under the Council infrastructure contributions policy current 

at the time each stage of the development is carried out. 

INTERNAL MAJOR STREET SYSTEM 

A number of major streets, operating as trunk collector streets, are proposed to provide for 

connectivity through the site and connectivity with adjacent development. The internal trunk 

collector street system consists of the following three main links: 

• A north-south trunk collector street through the proposed business centre precinct in 

the eastern part of the site, connecting to Pelican Waters Boulevard and Michael 

Street; 

• An east-west trunk collector street through the multi-unit residential precinct in the 

middle of the site, connecting to the proposed north-south trunk collector street in the 

proposed business centre precinct to the east and Bledisloe Boulevard (via the 

existing New Holland Drive) to the west. The applicant had proposed a rather 

circuitous and ambiguous route for this street; however, to improve legibility and 

reduce the potential for lower-order streets in the development to be utilised by 

through vehicle movements, a more direct route through the multi-unit residential 

precinct is recommended. This route would connect with the north-south trunk 

collector street in the middle of the business centre precinct and run along the 

northern side of the proposed village park; and 

• An east-west trunk collector street through the low density residential precinct along 

the southern boundary of the site, connecting to the proposed north-south trunk 

collector street near the eastern end of the site and directly to the end of the existing 

Bledisloe Boulevard at the western end of the site. The applicant had proposed this 

route pass to the south of the existing rural lot on the site's southern boundary; 

however, some of the south-east corner of the rural lot would be required to achieve 

this connection and avoid the adjacent marine park. Since the rural lot does not form 

part of the application, a trunk collector street is not able to be provided at this 

location. Subsequently, it is recommended the trunk collector route be required to 

pass through and generally along the southern boundary of the subject site, but to the 

north of the rural lot. 

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The above trunk collector streets are generally proposed to incorporate on-street bicycle 

lanes and on-street parking. Development will mostly have frontage to trunk collector streets; 

however, it is preferred that vehicle access is obtained via side streets or rear lanes. A 

shared path to cater for off-road bicycle movements is also proposed along each trunk 

collector street, with a foot path provided on the other verge. 

Provision of the local street system within the various residential and business precincts will 

be the subject of future development applications. It will be important for the local street 

network to be designed such that it does not provide a more direct route for vehicles than the 

proposed major collector street network, whilst still maintaining permeability for pedestrians 

and cyclists. 

MICHAEL STREET AND ANNING AVENUE 

To improve local connectivity, provide a legible street network and to help integrate the 

proposed development into the surrounding area, it is proposed that a street connection be 

provided to the existing residential area to the east of the site via Michael Street. The street 

connection also allows convenient access for existing residents to access the services 

available in the proposed business centre precinct. Moreover, the connection permits more 

efficient public transport services to be provided through proposed and existing residential 

areas in Pelican Waters and Golden Beach by reducing the need for inefficient bus route 

loops into dead-end areas. 

Michael Street has a wide reserve and an existing wide carriageway and is, therefore, the 

appropriate street with which to connect. Given its straight alignment and increase in traffic 

as a result of the development, the applicant should undertake works to help manage vehicle 

speeds while recognising its use as a bus route. Moreover, managing vehicle speeds will 

also encourage more traffic generated by the proposed development to utilise Pelican 

Waters Boulevard to travel to Landsborough Parade, rather than Michael Street and Anning 

Avenue. Subsequently, it is recommended roundabouts be constructed at the Carmel Street 

and Beryl Street intersections along Michael Street. 

Anning Avenue connects Michael Street with Landsborough Parade. It services a much 

larger existing residential area than Michael Street and therefore the proportional increase in 

traffic on Anning Avenue as a result of the proposed development is less. Nevertheless, 

given the straight and wide nature of Anning Avenue, it is considered reasonable the 

applicant should make some works contribution towards the management of speeds along it. 

Subsequently, it is recommended roundabouts be constructed at the Michael Street and 

Verdon Street intersections along Anning Avenue. 

Public Transport Network 

Bus routes through the site are able to be provided on the proposed trunk collector streets 

and generally allow for most development to be located within 400 metres walking distance 

of a bus stop. Provision of the proposed trunk collector streets will also facilitate more 

efficient bus routes to serve existing development in Pelican Waters and Golden Beach. Bus 

stop facilities would be required to be provided within the site as development occurs. 

Pedestrian and Cycle Network 

Comments on the general pedestrian and cycle network have been provided in the road 

network section of this Report. The following matters are additional, specific, infrastructure 

items recommended to service the development. 

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Pedestrian Bridges 

The Planning Scheme emphasises the importance of permeable street networks and high 

quality pedestrian and cycle links between major nodes to encourage pedestrian and cyclist 

use. The proposed lake creates a significant barrier to pedestrian and cyclist movement 

through this community. The applicant has agreed to the provision of two pedestrian/cycle 

bridges across the lake in order to improve pedestrian/cycle permeability. 

Walkable Waterfront 

The extent of the walkable waterfront extends from the existing Pelican Waters shopping 

centre and tavern past the proposed marina and around approximately half of the central 

island. The inclusion of the two pedestrian/cycle bridges further improves the circulation of 

the network and provides safe and convenient access to central island, town centre and 

coastal path for the greater Pelican Waters and Golden Beach (Diamond Head) community. 

Coastal Path 

The Pelican Waters development is the southern extent of the former Caloundra Council’s 

coastal path network. The development of this land will complete the network from Pelican 

Waters to the northern end of Golden Beach. 

The applicant proposes an extension of the coastal path network from the recently approved 

Boronia Grove layout terminating at the south western corner of Lot 431 CG 2549. The 

applicant indicates the recommencement of the pathway from the south eastern corner of Lot 

431 CG 2549 through to the existing path network at Jensen Park, thus resulting in an 

uncompleted section adjacent to the southern boundary of Lot 431 CG 2549. 

This outcome is unacceptable as the coastal path would be complete but for approximately 

400 metres to adjacent land currently zoned rural. The construction of the pathway is 

possible as there is an existing road reserve within which the pathway is to be located. The 

minimum expectation is that the applicant complete this coastal pathway and be credited the 

full cost of these works against their general contributions for pathways in accordance with 

Council’s adopted Policy. 

The applicant has proposed a connection to a “nature walk” within the Jensen Park 

extension, this proposal is not supported due to Crime Prevention through Environmental 

Design concerns, maintenance issues and increased exposure to biting insects. A 

boardwalk section over the channel along the alignment of the existing causeway crossing is 

acceptable. With regard to impact on mapped vegetation, the applicant has submitted that 

the coastal path will be aligned within the proposed east west collector road reserve. 

Water and Sewerage considerations 

Unitywater have assessed the proposal and provided conditions for inclusion in the 

development permit, should the proposal be supported. 

Conditions relate to the provision of reticulated water and sewerage being provided in 

accordance with the Water Supply and Sewerage Infrastructure Assessment dated 11 

August 2010 prepared by Cardno Pty Ltd. There are also requirements for a number of 

pump stations to be upgraded based on sewerage inflow loading reaching predetermined 

Equivalent Person (EP) counts. 

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OVERLAYS/SPECIAL MANAGEMENT AREAS 

Notwithstanding this application being for a preliminary approval only, the proposal generally 

satisfies all of the applicable Overlay Codes. The proposed Southern Lakes Pelican Waters 

Planning Area Code does not override the applicability of the Overlay Codes as contained in 

the Caloundra City Plan 2004, rather there applicability is re-enforced by section 2.1 of the 

proposed Code. 

Applicable Codes 

The application generally complies with the applicable codes of the relevant planning 

scheme with the exception of: 

Code 

Caloundra South 

Planning Area Code 

Discussion 

Caloundra South Planning Area Code to be overridden by the 

proposed Southern Lakes Pelican Waters Planning Area Code. 

The proposed code includes the relevant planning and land use 

outcomes expressed in the Caloundra South Planning Area Code, 

including : 

• ultimate populations; 

• provision of canals, lakes and boat mooring facilities; 

• pedestrian and bicycle networks; 

• focus on water and water related uses; 

• subdivision relates to the configuration canals and lakes; 

• retention of riparian buffers; and 

• open space networks; 

The proposed code has been assessed and is generally supported 

subject to amendments outlined in Condition 1. 

REFERRALS 



• Infrastructure; 

• Hydrology; 

• Urban Design; 

• Unitywater; 

• Traffic and Transport; 

• Environment; 

• Landscaping; 

• Strategic Planning; 

• Waterways, Coastal and Catchment; 

• Coastal and Canals; and 

• Corporate Property. 

Page 65





The following Referral Agencies are applicable to this application. 

Concurrence 

Department of Environment and Resource Management - Department of Environment and 

Resource Management: 

• Coastal management district; 

• S3.1.6 Preliminary Approval is sought and the lot contains mapped native vegetation. 

The Department has raised no objection to the proposal and has recommended a number of 

conditions be included should the application be approved relating to maintaining the natural 

coastal management district associated with Bells Creek and clearing remnant vegetation. 

Department of Transport and Main Roads: 

• development impacting on the provision of public passenger transport, and 

thresholds; 

• development impacting on railway safety and efficiency, and thresholds; and 

• thresholds for development not contiguous to State-controlled roads. 

The Department has raised no objection to the proposal and has recommended a number of 

conditions be included should the application be approved relating to impact on State 

controlled roads, taxi facility, road hierarchy, bicycle parking and end of trip facilities, 

pedestrian and bicycle pathways and public passenger transport (bus stop infrastructure). 

Department of Employment, Economic Development and Innovation (Fisheries Queensland): 

• removal, destruction or damage of a marine plant. 

The Department has recommended a number of conditions be included should the 

application be approved relating to minimum buffer distances to Bells Creek and offsets for 

the loss of marine plants and fish habitats. 

Advice 

Department of Environment and Resource Management: 

• Acid Sulfate Solis; 

• within 100m of a wetland; and 

• within 100m of a marine park. 

Page 66


The Department has recommended a number of conditions be included should the 

application be approved relating to Acid Sulfate Soil Management, preservation of wetlands 

and buffers to Bells Creek. 

Department of Infrastructure and Planning: 

• development for which preliminary approval is sought under the IPA s3.1.6. 

The Department has made recommendations relating to centres hierarchy, walkability, 

reduction in private vehicle usage, reclamation levels, revetment wall levels and effects of 

climate change. 

Third Party Advice 

• Maritime Safety Queensland. 

No objection in principle to the proposal. 

SUBMISSIONS 

The application was publicly notified from 18 August 2010 to 30 September 2010 in 

accordance with requirements of the Integrated Planning Act 1997. 162 properly made 

submissions and 6 not properly made submissions were received. 


The following table identifies the main issues raised by submitters with a complete and 

detailed review of the submissions contained within Attachment 12. 

Issues 

Proposed density is 

not comparable, and 

does not integrate 

with, the surrounding 

community. The 

character and amenity 

of the proposed 

development is 

significantly different 

to that of existing 

neighbourhoods. 

Increase in traffic 

volumes to the 

existing street 

network. This includes 

Comments 

Caloundra City Plan 2004 requires new communities to be 

well integrated with existing communities. The proposed 

density of development adjacent to the established 

residential area of Golden Beach (Diamond Head) does not 

integrate with the built form character of the existing 

community, given that lot sizes are down to one quarter of 

the size of the adjoining established residential area. 

The developer is required, however, pursuant to section 8 of 

the South East Queensland Regional Plan to develop to a 

minimum dwelling density target of 15 dwelling 

units/hectare. The application meets this minimum density 

requirement. 

In order to allow for greater integration between proposed 

and existing communities but still meet density 

requirements, a lower density and building height will be 

required near existing residential development (in particular 

those residences on Harbourlights Way, Maryann Street and 

Theresa Street). 

The scale of proposed development on the subject site is 

not greater than that envisaged by Caloundra City Plan 

2004. Consequently, the design of the major streets 

adjacent to the site have taken into account this future 

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Issues 

increase in volumes at 

the only two access 

points into Pelican 

Waters: Pelican 

Waters Boulevard and 

Landsborough 

Parade. Increased 

traffic volumes leads 

to a loss of amenity. 

The location of higher 

densities and mixed 

use development to 

the south of Pelican 

Waters will result in 

residents, customers 

and workers travelling 

through the existing 

road network to this 

destination. This 

causes an increase in 

traffic to the existing 

residential area. 

It is understood that 

the Diamond Head 

residential community 

has a lower flood plain 

compared to its 

surroundings. 

Increased pressure on 

the Pumicestone 

Passage, Bells Creek 

catchment and 

Ramsar wetland 

(increased run-off, 

siltation, pollution). 

The increase in boat 

activity within the 

Pumicestone Passage 

Comments 

development. Most external traffic from the site is expected 

to use Pelican Waters Boulevard to access Caloundra Road 

and Nicklin Way. It is acknowledged additional traffic will 

use Landsborough Parade - Park Place, which will increase 

congestion, particularly at the northern end near Bowman 

Road. Council's road infrastructure contributions policies 

include provision for future road upgrades south of Bowman 

Road to help accommodate and distribute future traffic 

volumes. 

The scale of proposed development on the subject site is 

not greater than that envisaged by Caloundra City Plan 

2004. Existing street connections to the subject site have 

been planned with sufficient width to accommodate the 

additional development proposed. Some speed control 

measures are recommended to be installed on Michael 

Street and Anning Avenue in Golden Beach to contribute 

towards managing speed on these streets. 

The filling of the site in order to comply with flood immunity 

requirements has the potential to block overland flowpaths 

from existing residential development of Golden Beach and 

Pelican Waters. In the event that the proposal is supported, 

the development will be conditioned such that it does not 

result in the ponding of stormwater within existing residential 

areas surrounding the proposed development. In addition 

existing overland flow paths will be conditioned to be 

maintained with 100 year Average Return Interval flow 

capacity provided as overland flow. Piping the overland flow 

without any relief overland flow path will not be acceptable. 

By conditioning the development in this way flooding within 

existing areas of Pelican Waters and Golden Beach will not 

be worsened. 

Council’s Hydrology Engineer has reviewed the application 

and concluded that the effects on the Pumicestone Passage 

due to the increase in tidal prism resulting from the 

construction of the additional waterways would be almost 

negligible and would be masked by naturally occurring 

variations in the tidal dynamics of the Pumicestone 

Passage. In addition, stormwater will be treated in 

accordance with Council’s policies before discharge. 

It is acknowledged that there will be a natural increase in the 

boats which will use the passage. As discussed in this 

report, Council is adopting strategies and management 

plans in order to preserve and enhance the Pumicestone 

Passage. 

It is estimated that the proposed development may increase 

the amount of vessel registrations with convenient access to 

Pumicestone Passage by between 5.5% and 7%. 

Page 68


Issues 

will lead to congestion 

of the waterways, 

increased pressure on 

navigable channels 

and fish stocks, 

deterioration of the 

water quality and 

destruction of the 

foreshore. 

Development results 

in significant loss of 

vegetation. 

Comments 

Council is in the process of endorsing strategies and 

management plans in order to preserve the Passage, as 

discussed within this report. 

DERM have identified a linear band of vegetation on the 

most south eastern extremity of the site as Regional 

Ecosystem of least concern on Qld EPA Regional 

Ecosystem Map dated 15 December 2009. This area of 

mapped vegetation is located adjacent to the approved 

Boronia Grove stage of development which is currently 

under construction. 

In regard to the subject application, no vegetation classified 

under Qld EPA Regional Ecosystem Mapping as either 

"remant vegetation" or worthy of "regrowth vegetation 

classification" is proposed to be cleared as part of the 

proposed development. 

Clearance of some vegetation will occur with the proposed 

extension of Michael Street; however this vegetation is not 

recognised under EPA Regional Ecosystem mapping. This 

area, adjacent to the existing Jensen Park does support a 

terrestrial vegetation community with a high level of exotic 

weed species infestation. This vegetation community does 

provide both temporary and permanent habitat for a range of 

birds, mammals and reptiles. In the event that the proposal 

be approved, standard conditions regarding pre clearance 

and fauna management will apply to the clearance of 

vegetation associated with the development if the site. As 

part of the subsequent development applications, the 

applicant will be required to undertake weed control, 

revegetation /rehabilitation of all disturbed areas and 

extensive amenity landscaping. 

It is noted that no vegetation will be cleared from the Bells 

Creek foreshore. 

Removal of the 

mangroves and 

marine vegetation in 

the area of waterway 

parallel to Carmel 

Street. 

Vegetation including mangroves is expected to be removed 

associated with the proposed extension of Michael Street. 

The application was referred to the Department of 

Employment, Economic Development and Innovation 

(Fisheries Queensland) as a Concurrence Agency with 

regard to these matters. On 18 October 2010, Council 

received a response whereby conditional approval was 

provided for the removal of marine plants. 

It is recommended that a condition be included requiring no 

net loss of wetland habitat. Offsets are required at a ratio of 

2:1 for the loss of marine plants. 

Page 69


Issues 

The cumulative impact 

of the development of 

Pelican Waters 

Southern Lakes, 

Bellvista 2 and 

Caloundra South on 

the Passage has not 

been explored. 

Comments 

The development site forms part of the lower Lamerough 

Creek Catchment. The site does not discharge to Bells 

Creek. The receiving waters for Lamerough Creek in the 

Pumicestone Passage downstream of Bells Creek. The 

Pumicestone Passage & Bribie Island are identified as 

significant coastal wetlands under pressure from 

development on land and activities on the water. 

The cumulative impacts of development within the 

catchment are two fold. First, the risk land based 

development poses to water quality within the passage. 

Second, the pressure that additional populations place on 

the Passage for recreational activities. 

The risk that land based development poses to water quality 

objectives within the Passage can be managed through the 

development and implementation of two key strategies: 

1. Urban water quality management strategy; and 

2. Lake and Tidal Waterway management strategy 

The urban water quality management strategy involves a 

fully integrated system of stormwater quality improvement 

devices that regulate the quality of major flows to the legal 

point of discharge, being the proposed lake. The lake does 

not form part of the treatment train, although some treatment 

is inevitable, hence the water quality objectives for the lake 

are the same as the Environmental Protection (Water) 

Policy 2009, water quality objectives for the Pumicestone 

Passage. 

The lake and tidal waterway management plans establish 

minimum water quality standards, require on-going 

monitoring, identify emergency procedures for problems and 

requires rectification and solutions if any problems do occur. 

The implementation of these strategies work together to 

minimise the risk of adverse environmental harm as a result 

of this development. 

These strategies do not eliminate the risk of adverse 

environmental harm, however these strategies significantly 

reduce the likelihood of an event occurring, the extent of 

harm is an event occurs and significantly improve Council’s 

ability to respond to an event. 

These strategies when developed will need to consider the 

cumulative affect of established development with the 

catchment. To measure the potential cumulative impact, 

including Caloundra South at this stage would be impossible 

because of the lack of density, design and engineering detail 

available on Caloundra South. 

Concerns are raised 

as to the extent of 

The subject land is envisaged to be developed pursuant to 

the Caloundra City Plan 2004. Filling will be conducted in 

Page 70


filling. 

Issues 

Filling of flood prone 

land is in contrary to 

Council’s Growth 

Management Position 

Paper. 

The proposal conflicts 

with State Planning 

Policy 1/03 which 

requires that filling of a 

floodplain only occurs 

where there is an 

overriding need for the 

development in the 

public interest and no 

other site is suitable 

and reasonable 

available. 

Comments 

accordance with Caloundra City Plan 2004 and associated 

policies. Overland flow paths will be conditioned so that the 

development does not result in the ponding of stormwater 

within existing residential areas surrounding the proposed 

development. 

Besides the areas of man made channels on the subject site 

no filling of land below the peak 100 year Average Return 

Interval freshwater flood level in Bells Creek is proposed. 

Filling of land below the current 100 year Average Return 

Interval storm tide level is proposed. Filling of land subject 

to storm tide inundation is treated differently to filling of land 

associated with freshwater flooding. When dealing with 

freshwater flooding any filling of land in the floodplain results 

in displacement of floodwaters which has associated 

impacts. With storm tide flooding the inundation is caused 

by raised sea levels due to the low pressure and wind action 

over the ocean. Filling of land subject to storm tide 

inundation does not cause an increase in storm tide levels 

elsewhere. Therefore it is recommended that filling of land 

subject to storm tide flooding but not regional freshwater 

flooding be accepted. 

This interpretation of SPP 1/03 differs from that of Council. 

SPP 1/03 does not state that filling of floodplains only occurs 

where there is an overriding need for the development in the 

public interest and no other site is suitable and reasonable 

available. Rather the SPP states that within the floodplain 

that development is compatible with the nature of the 

hazard. The development has been assessed as being 

compatible with the nature of the hazard. 

Besides the areas of man made channels on the subject site 

no filling of land below the peak 100 year Average Return 

Interval freshwater flood level in Bells Creek is proposed. 

Filling of land below the current 100 year Average Return 

Interval storm tide level is proposed. Filling of land subject 

to storm tide inundation is treated differently to filling of land 

associated with freshwater flooding. When dealing with 

freshwater flooding any filling of land in the floodplain results 

in displacement of floodwaters which has associated 

impacts. With storm tide flooding the inundation is caused 

by raised sea levels due to the low pressure and wind action 

over the ocean. Filling of land subject to storm tide 

inundation does not cause an increase in storm tide levels 

elsewhere. Therefore it is recommended that filling of land 

subject to storm tide flooding but not regional freshwater 

flooding be accepted. 

Page 71


CONCLUSION 

The Caloundra City Plan 2004 envisaged that the developer of this land would lodge a 

Preliminary Approval application over this land. The application lodged is generally 

consistent with the land use, built form and density outcomes sought for this land under the 

Caloundra City Plan 2004. The Rezoning Approval from 1996 and the Planning Scheme and 

associated Policy establish the obligations to provide particular infrastructure including, but 

not limited to, open space and community facilities. 

The Caloundra City Plan 2004, also envisages that there may be an extension to the 

waterbodies through this area. 

This report has been structured to provide Council confidence that the potential financial 

risks can adequately be addressed by an Infrastructure Agreement and that the potential 

risks to the environment, associated with the form of development proposed can be 

adequately managed, such that the development is unlikely to impact on the Pumicestone 

Passage catchment. 

Due to the number of the amenity outcomes that require variation from Council’s established 

Policy and the major infrastructure considerations that are critical to the determination of the 

application, it will be necessary to establish an Infrastructure Agreement with the applicant 

prior to the determination of the application. Council previously considered the infrastructure 

matters on 17 November 2010 at the Ordinary Council Meeting in a closed session, whereby 

Council established a position in terms of the expected minimum infrastructure requirements 

that are to be agreed to and contained within an Infrastructure Agreement prior to the 

application being decided. Negotiations with the developer have established agreement on 

all of the items, these include: 

• Open Space and Playing Fields; 


• Waterways Maintenance and Operational Contribution; 

• Pedestrian and Cycle Network; and 

• Walkable Waterfront. 

This approach is recommended to provide the applicant and Council with certainty moving 

forward with the drafting and eventual signing of the infrastructure agreement. 

The proposed concept submitted by the applicant is generally consistent with the Planning 

Scheme intent for this area and Council Officers recommend approving the proposal, subject 

to the conditions contained in Appendix A. 

Page 72



PLANNING 

1. Any subsequent development permit applications associated with this Preliminary 

Approval must be in accordance with the Southern Lakes Pelican Waters Planning 

Area Code (prepared by ML design and dated August 2010) included as Attachment 

10, subject to the following amendments: 

Section of 

Amendment 

Preliminary 

Approval 

Document 

1.3.2 Amend - Heading to remove reference to Classes of Use Definitions; 

1.3.3 Amend - definition of Plan of Development to insert the following 

elements for Proposed Development – 

Deep planting areas; 

• Minimum front, side and rear setbacks. 

1.3.3 Delete - reference to Development Density Plan and the definition and 

insert – 

Density Monitoring Plan – In order to track the development density 

through the assessment process, a Density Monitoring Plan will be 

prepared by the developer and submitted to Council with all subsequent 

Reconfiguring a Lot applications and Material Change of Use 

applications where the density varies from the Density Monitoring Plan 

lodged with the relevant Reconfiguring a Lot applications. 

The Density Monitoring Plan is to identify but not limited to the following 

measurables – 

• Staging Plan for each Precinct Plan and overall Preliminary Approval 

Area; 

• Stage area; 

• Number of residential lots; 

• Proposed residential density range for Multiple Dwelling sites; 

• Estimated number of Multiple Dwelling Units (range); 

• Stage density (dwellings per hectare); 

• Precinct area developed; 

• Total number of dwellings within Precinct; 

• Precinct density(dwellings per hectare); 

• Preliminary Approval area developed; 

• Total number of dwellings within Preliminary Approval Area; 

• Overall density (dwellings per hectare). 

Density is based on a ‘net density’ calculation as per the South East 

Queensland Regional Plan. The stage areas includes the area of 

residential lots plus the area of local roads and parks. 

Table 2.2(a) 

Amend - the criteria (Development Activity) for Reconfiguring a Lot 

proposals subject to Impact Assessment to state: 

Page 73


Creating Lots by Subdividing Another Lot where not complying with 

the minimum lot sizes specified in: 

(a) s3.4.3 Specific Outcomes for development in the – District 

Business Centre Precinct; and 

(b) s3.4.4 Specific Outcomes for development in the – Multi Unit 

Precinct 

AND 

(c) where located in the Low Density Residential Precinct which 

involves the resubdivision of an existing allotment less than 

1,000m 2 

Table 2.2(a) 

Amend - the Applicable Codes required where Dividing Land into Parts 

by Agreement to state: 

• Reconfiguring a Lot Code; 

• Parking and Access Code; 

• Civil Works Code; 

• Stormwater Management Code; 

• Landscaping Code; 

• Design for Safety Code; 

• Nuisance Code. 

Table 2.3(b) Main Street Sub-Precinct – 

Amend -Land uses specifically identified in the Business and 

Commercial Use Class where within an existing building must be 

capable of Code Assessment where not located in an existing building. 

Delete - reference under Residential Uses Class to those uses that are 

commercial in nature and provide appropriate provisions within the 

relevant part of the Code to require mixed use outcomes within this 

precinct. 

Insert - additional heading “Community Use Class” and list Emergency 

Services and Educational Establishment as Defined Uses and the 

applicable assessment level and applicable codes. 

Amend - the Applicable Codes required for Residential Use Class to 

insert the following additional codes: 



Table 2.3(b) Waterfront Sub-Precinct - 

Amend - Land uses specifically identified in the Business and 






precinct. 

Amend - Amend table to cater for Market as a Defined Use under 

Page 74


“Business and Commercial Use Class”. (Section 3.2.1 indicates an intent 

for a Market to be established within this sub-precinct.) 

Amend - The land area on the western side of the main street shall be 

incorporated into the Main Street Sub-Precinct. 

Table 2.3(b) Lock Quarter Sub-Precinct - 

Amend - Land uses specifically identified in the Business and 






precinct. 

Table 2.3(b) Fringe Residential Sub-Precinct – 

Amend - the following Defined Uses to state:- 

Dwelling House on a lot with a frontage less than 10 metres and 

less than 300m 2 

- where in accordance with an approved Plan of Development (approved 

as part of Reconfiguring a Lot) and complying with the Acceptable 

Solutions S18.1 – S28.1 as contained in the Southern Lakes Pelican 

Waters Area Code – Self Assessable; 

Dwelling House on a lot 300m 2 – 650m 2 



Solutions S29.1 – S42.1 as contained in the Southern Lakes Pelican 


Duplex Dwelling on lot less than 600m 2 



Solutions s43.1 – S48.1 as contained in the Southern Lakes Pelican 


Duplex Dwelling on lot less than 600m 2 

- where not in accordance with an approved Plan of Development 

(approved as part of Reconfiguring a Lot) and/or not complying with the 

Acceptable Solutions S43.1 – S48.1 as contained in the Southern Lakes 

Pelican Waters Area Code – Code Assessable; 

Amend - table and Specific Outcomes to cater for small scaled 

commercial uses at ground floor as expressed in section 3.2.1. 

Table 2.3(b) Boats Landing Sub-Precinct - 

Amend - Under the Business and Commercial Use Class, Showrooms 

are not supported and are to be Impact Assessable. Council supports 

the provision of marine related commercial activities in this sub-precinct 

and would support an amendment to the Code that reflected this intent. 

Page 75


Amend - Map 7A to identify the location of the Service Station and Car 

Wash as stated in the Table of Development. 

Amend - the Residential Use Class Defined Uses within the Table of 

Development to be consistent with the changes required to the Fringe 

Residential Sub-Precinct as listed above. 

Amend - Emergency Services to be a Code Assessable Use. 

Table 2.3(c) Multi Unit Precinct - 




Amend - Child Care Centres as being Code Assessable. 

Table 2.3(d) Low Density Residential Precinct - 




Delete - reference to Dwelling House with a frontage less than 10m and 

less than 300m 2 ; where located within the Transitional Residential Sub- 

Precinct only. 

2.4 Operational Works – (Where placing an Advertising Device on Premises) 

– Level of Assessment Table. 

Delete - Level of Assessment Table. The level of assessment for 

Advertising Devices shall be determined in accordance with Table 4.2.3 

(d) Operational Work (where placing an advertising Devices on 

Premises) Development Assessment Table, of the Caloundra City Plan 

2004. The Precincts as defined in the Preliminary Approval document 

will apply to equivalent Precincts as defined in Table 4.2.3 (d). 

General 

General requirements in regard to Tables of Development 

Amend - In Precincts and Sub-Precincts where Home Based Business 

are supported the table of development shall indicate Home Based 

Business are self assessable where complying with Acceptable 

Solutions under section 8.8 Home Based Business Code of the 

Caloundra City Plan 2004, otherwise Code Assessable. 

Delete - within the relevant Precincts and Sub-Precincts reference to the 

Duplex Dwelling Use Code as an applicable code for the assessment of 

Duplex Dwelling applications. 

Insert - Local Utility as a Defined Use under “Other Use Class” and 

identified as exempt development in all Precincts and Sub-Precincts. 

3.3.1 amend - to indicate that parts of the Caloundra City Plan 2004 continue 

to apply given many Codes from the Caloundra City Plan 2004 are 

Page 76


incorporated into the Southern Lakes Pelican Waters Planning Area 

Code. 

3.3.3 Amend - all necessary Maps and Figures where required by conditions 

of this Approval. 

3.4.1 

O2 

insert – a clause stating: 

(c) development occurs in accordance with Caloundra City’s Business 

Centre hierarchy, where Pelican Waters is developed as a district 

business centre. 

S2.1 delete - Business and Commercial Use Class activities and list the 

specific land uses that are to be catered for within the 7,000m 2 . 

O3 

delete and insert – a clause stating: 

An overall minimum net residential density of 15 dwellings per hectare 

(15 du/ha) is to be achieved. Note: Net density is calculation as per the 

South East Queensland Regional Plan. 

The following residential density ranges are provided within each 

precinct:- 

• District Business Centre Precinct 25 – 36 du/ha; 

• Multi Unit Precinct 20 – 32 du/ha 

• Low Density Residential Precinct 12 – 22 du/ha. 

S3.1 delete and insert – a clause stating: 

The maximum number of dwelling units within the Southern Lakes 

Pelican Waters Planning Area does not exceed 2,100 dwellings. 

S3.2 insert – a clause stating: 

With each stage of reconfiguration the developer is to provide a Density 

Monitoring Plan that demonstrates achievement of the Specific 

Outcome. 

S3.3 insert - a clause stating: 

Development on individual sites and within stages must comply with the 

approved Density Monitoring Plan. 

O4 

Amend - The development of new residential and commercial areas 

shall make provision for public transport services that provide future 

residents with easy pedestrian access to a bus stop. 

S4.1 Insert – the following clause: 

and designed and constructed in accordance with Council and the 

Department of Transport and Main Roads adopted standards. 

Open Space 

Network O5 

– O9 

Amend - to reflect the agreed outcomes for the open space network 

specified in the Infrastructure Agreement. 

Insert – a clause stating: 

Bio pods and pump stations are to be located clear of open space areas 

and should not compromise the design, function or appearance of open 

space areas. 

S11.1 Insert – a clause stating: 

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The minimum width of shared pathways (pedestrian and cycle) is 3 

metres. 

S15 

Insert – a clause stating: 

the minimum level for top of revetment walls being R.L 1.75 metres 

Australian Height Datum. 

S17.1 Amend - to indicate a minimum width for rear lane access of 6.5 metres. 

Additional 

Heading to 

be included 

and 

applicable to 

all Precincts:- 

“Waste and 

Refuse 

Management 

” 

O18 

Include a Specific Outcome that requires each commercial and Multiple 

Dwelling development to prepare a Waste Minimisation Strategy to 

address construction and operational aspects of development. 

Delete. 

S19.1 Amend – 

• item (a) to indicate a minimum front living setback - 4.5 metres. 

• item (b) to indicate articulation zone – 3m to 4.5m. 

• item (c) to indicate the front secondary setback (i.e. corner lots) is 

not less than 3 metres. 

Insert – 

• Front Secondary Articulation Zone – 2 to 3m. 

• Front Setback to Garage – 5.5 metres. 

Delete - third dot point under ‘built to boundary walls’ that limits extent of 

development to maximum continuous length of 13m. 

Amend - fourth dot point under ‘built to boundary walls’ to state – 

Buildings exceeding 8m in length must provide a space within the 

building footprint of a minimum of 2m x 2m for natural light, ventilation 

and articulation. 

S19.3 Amend - item (c) to state – 

Secondary dwellings shall not exceed the building envelop area 

contained below, with the exception mention in item (a) above, and 

combined with the garage does not exceed two storeys. 

Amend - the Note to state – 

Where a ‘self contained’ (kitchenette and bathroom) secondary dwelling 

is proposed, the area of the secondary dwelling and any related carport 

(open structure on minimum two sides) is excluded from individual site 

coverage calculations. 

S25.1 insert - item (h) to state – 

Garage doors to be located a minimum distance of 5.5 metres from the 

property frontage. 

O30 

Delete 

Page 78


S31.1 Amend - the minimum front primary and front secondary building 

setbacks for dwelling houses between 300m 2 and 650m 2 are to be in 

accordance with the amendments to S19.1 listed above. 

S31.3 Amend - where dwellings are not built to a boundary wall, the side 

boundary setbacks are to be in accordance with the Queensland 

Development Code. 

O32 Insert – an additional Specific Outcome – 

Garages do not dominate the streetscape with the Acceptable Solution 

being that garages do not exceed 50% of the site frontage. 

O36 

Delete - item (a) and (c) 

S36.1 Delete - item (a) and (c) 

O41 

O42 

Delete 

Delete 

S44.1 .............. Amend - the minimum front primary and front secondary building 

setbacks for duplex dwelling on lots less than 600m 2 are to be in 

accordance with the amendments to S19.1 listed above. 

Amend - The side boundary setbacks are to be in accordance with the 

Queensland Development Code. 

S44.2 Amend - the site coverage at ground and first storey to 50%. 

O49 

Insert- a Specific Outcome and Probable Solutions that address the 

requirement for mixed use development within the Main Street, Lock 

Quarter and Waterfront Sub-Precincts. 

Insert - an additional Specific Outcome related to marina development, 

which requires: 

• the provision of sewerage pump out and storage facilities with any 

development; and 

• that the construction of any marina must not impeded the 

continuity or safety of the walkable waterfront. 

S52.1 Amend - item (a) to require glass or openings to comprise a minimum 

70% total front elevation for mixed use ground floor uses. 

S56.1 Amend - bicycle parking rates for all commercial uses to be provided at 

the rate of 1 space per 100m 2 of Gross Floor Area. 

Insert - an additional Specific Outcome and Probable Solutions that 

requires development to provide end of trip facilities that encourages the 

end user to utilise alternative transport modes, particularly cycling and 

walking. (Example rates are 1 cubicle up to 500m 2 GFA, 2 cubicles up 

to 1000m 2 GFA, 4 cubicles up to 3000m 2 GFA and 1 employee locker 

per 2 bicycle parking spaces). 

S64.1 Insert - a requirement that the biting insect buffer is to be clear of 

Page 79


vegetation and is not to involve the clearing of existing vegetation that 

forms part of the established buffer to Bells Creek. 

S65.1 Insert - Item(f) to state – 

that the alignment of the proposed coastal pathway within this Precinct is 

to be approved by Council. 

Maps – 

General 

Amend - all relevant Maps as follows: 

• The Road Network is to be shown in accordance with Drawing 

Number PW-01 and PW-02, Revision B, attached to this approval; 

• The Open Space and Community Facilities are to be shown in 

accordance with Drawing Number PW-03, Revision A, attached to 

this approval; 

• The pedestrian and cycle network is to be amended in accordance 

with Drawing Number PW-04, Revision A, attached to this approval; 

• The Transitional Residential Sub-Precinct located in the north-east 

portion of the subject site is to be replaced with Low Density 

Residential Precinct; 

• The Main Street Sub-Precinct is to be extended to include that part 

of the Waterfront Sub-Precinct located immediately north and 

adjacent to the proposed Main Street Sub-Precinct; 

• Amend Map 7B to reflect maximum building height for focal tower 30 

metres. 

INFRASTRUCTURE AGREEMENT 

2. The developer shall, prior to the date of sealing by the Council of the plan of 

subdivision for the relevant stage, provide to the Council the obligations, in 

accordance with the Infrastructure Agreement in respect of the provision of 

community infrastructure between Pelican Waters Heart Pty Ltd and the Council as 

executed. 

CIVIL ENGINEERING AND GENERAL 

3. All earthworks must be undertaken in accordance with the provisions of AS 3798 

(“Guidelines on Earthworks for Commercial and Residential Developments), with 

Geotechnical testing undertaken in accordance with Section 8 of the Standard, and to 

a minimum of “Level 1” as defined in Appendix B. Prior to registration of any plan of 

survey, a report must be submitted to Council from the Geotechnical Testing 

Authority detailing the inspections, sampling and testing it has carried out (including 

the locations and results thereof), and certifying that the earthworks comply with the 

requirements of this approval and the approved drawings (including bulk earthworks 

carried out prior to the approval of any lot reconfiguration); 

4. The development must comply with outcome 1 of the SPP2/02 1 ; 

5. With each application for subdivision associated with this Preliminary Approval the 

applicant is to submit an Acid Sulfate Soil investigation in accordance with the 

SPP2/02 Guideline 2 , with reference to the Guidelines for Sampling and Analysis of 

Lowland Acid Sulfate Soils in Queensland 1998 and the Queensland Acid Sulfate Soil 

Technical Manual: Soil Management Guidelines; 

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6. Based on the results of the Acid Sulfate Soil investigation required by the above 

condition, formulate an Acid Sulfate Soil Environmental Management Plan (ASS EM 

Plan) consistent with Appendix 4 of the SPP2/02 Guideline and the Management 

Principles of the Latest Version of the Queensland Acid Sulfate Soils Technical 

Manual: Soil Management Guidelines; 

7. The development must comply with the Acid Sulfate Soil Environmental Management 

Plan required to be submitted by this approval; 

1 

State Planning Policy 2/02 Planning and Managing Development Involving Acid Sulfate Soils. 

2 

State Planning Policy 2/02 Guideline: Acid Sulfate Soils 

8. Prior to approval of each lot reconfiguration stage or operational works for bulk 

earthworks (whichever is sooner), the amount of fill material, source of fill and any 

proposed haulage route must be nominated for that stage of development; 

9. All roads and frontage works within each stage must be surveyed, designed and 

constructed in accordance with the relevant provisions of “Queensland Streets” and 

Council’s Development Design Planning Scheme Policy and in accordance with the 

specific requirements of this approval, including the following: 

• Compliance with the cross-sectional requirements for Trunk Collector Roads as 

per Drawings PW-01 and PW-02, attached to this approval; 

• Minimum requirements for a collector street include a road reserve of 16.0 metres 

wide with a 7.5 metre wide carriageway; 

• Minimum requirements for a residential access street/access place include a road 

reserve of 14.0 metres wide with a 5.5 metre wide carriageway; 

• The geometric design of the road system must ensure that the need for on 

carriageway speed control devices is limited; 

• Provision must be made for on-street visitor parking (indented bays where 

necessary), driveway access, pedestrian paths and stormwater treatment 

devices, as well as the full range of underground services within the proposed 

road reserves. Where necessary, additional road reserve area and/or 

carriageway width, in addition to the minimum specified, must be provided to 

achieve required clearances to services and ensure vehicle manoeuvring into 

driveways clear of on-street parking spaces; 

• Provision must be made for on-road cycle lanes on all trunk collector roads and 

higher order roads; 

10. On-street parking must be provided for all lots, in accordance with the requirements 

of Queensland Streets. In particular, indented bays (where necessary) must be 

provided clear of turning areas to serve lots adjacent to the end of each Access 

Place; 

11. Following filling of the site to achieve required minimum levels, resulting road 

pavement levels must comply with the maximum road flow depths set out in 

Queensland Urban Drainage Manual in the event that the proposed lake system is in 

flood and/or a Q100 storm surge event occurs, whilst providing access to allotments 

(where permitted) in accordance with Council’s standard verge profiles; 

12. Where proposed lots are located adjacent to bio-retention basins or other 

infrastructure, resulting in constrained lot frontage, an access driveway location must 

be nominated on lot reconfiguration proposal plans. Where an access driveway 

location is nominated for a lot frontage, no future alternative access will be permitted 

for that lot frontage; 

Page 81


13. Street lighting installations on roads within the development and along external road 

frontages of the development must be designed and erected in accordance with the 

Council’s “Development Design Planning Scheme Policy”. Particular attention must 

be paid to the location of street lighting at the new intersections with the existing road 

network; 

14. Pathways must be designed and constructed in accordance with Council’s 

“Development Design Planning Scheme Policy” and in the locations designated in the 

Preliminary Approval Document. Unless specifically nominated to be a greater width, 

pathways designated on the Plan as “pedestrian and cycle way” must be constructed 

to a minimum width of 2.5m, and other pathways designated on the Plan as 

“pedestrian path” must be constructed to a minimum width of 1.5m. In addition to 

paths nominated on the approved Plan, all residential collector streets must be 

provided with a “pedestrian path” on at least one verge, while higher order roads must 

be provided with a “pedestrian and cycle way” on one verge and a “pedestrian path” 

on the other verge; 

ACCESS 

15. No direct vehicle access is permitted between proposed lots and the north-south 

Trunk Collector Road through the District Business Centre Precinct between Point B 

and Point F on Drawing Number PW 01, Rev. B; 

16. No direct vehicle access is permitted between proposed lots and the east-west Trunk 

Collector Road through the Low Density Residential Precinct, Multi Unit Residential 

Precinct and District Business Centre Precinct between Point N and Point D on 

Drawing Number PW 01, Rev. B; 

17. No direct vehicle access is permitted between proposed lots and New Holland Drive 

from Bledisloe Boulevard up to Point N on Drawing Number PW 01, Rev. B; 

18. No direct vehicle access is permitted between proposed lots and the constructed 

section of Bledisloe Boulevard north of Sovereign Circuit; 

ROADWORKS 

19. External roadworks and the Trunk Collector Road network through the site must be 

provided in accordance with the requirements and timing contained in Schedule 1 of 

the Infrastructure Agreement in respect of the provision of community infrastructure 

between Pelican Waters Heart Pty Ltd and the Council as executed and Drawing 

Number PW-01 and PW-02; 

20. Minimum 17m wide road reserve located to the south of the trunk collector directly 

opposite to the pedestrian/cycle bridge that crosses the southern loop of the lake to 

allow for potential future link to the coastal pathway network; 

INTERNAL STREET NETWORK 

21. The local network of collector streets and access streets to provide access 

throughout the proposed Low Density Residential Precinct, Multi Unit Residential 

Precinct and District Business Centre must be laid out in a way such that it does not 

provide a shorter vehicle travel distance through the site between any points on the 

Trunk Collector Road network (inclusive of Bledisloe Boulevard) than the Trunk 

Collector Road network itself; 

Page 82


EXTERNAL PATHWAYS 

22. At the time an extension of Sydney Avenue into the subject site is constructed, a 

concrete footpath, at least 2 metres wide, must be constructed on the southern side 

of the existing section of Sydney Avenue from the site to Bledisloe Boulevard, 

connecting with the pedestrian opening in the splitter island on the southern side of 

the Bledisloe Boulevard / Sydney Avenue intersection; 

23. At the time a western extension of Michael Street into the subject site is constructed, 

a concrete shared footpath must be constructed along one side of Michael Street 

from Carmel Street to Anning Avenue. 

PUBLIC TRANSPORT 

24. Bus stops (in each direction) must be provided on Trunk Collector Roads such that all 

proposed development on the proposed island and all proposed development in the 

Low Density Development Precinct south of New Holland Drive, Michael Street and 

the proposed island is located within 400 metres of a bus stop. 

25. Where bus stops are provided, indented bus bays must be constructed or parking 

lanes must be widened such that they are a minimum width of 3 metres. The road 

reserve adjacent to bus stops must be widened to accommodate the bus bays or 

widened parking lanes such that there is no reduction in the adjacent verge width, 

bicycle lane width or traffic lane width. 

LAKE MANAGEMENT PLAN AND TIDAL WATERWAY MANAGEMENT PLAN 

26. With the application for the first stage of subdivision associated with this Preliminary 

Approval, the applicant is to submit a Lake Management Plan and a Tidal Waterway 

Management Plan for the approval of Council. Each of these plans is to address the 

following matters: 

(a) 

Lake Management Plan: 

(i) Background; 

(ii) Lake Tenure and Usage - 

• Lake ownership details 

• Lake owner’s responsibility; 

• Permitted use of craft; 

• Prohibited uses and practices; 

• Concessions; 

• Abutting public land; 

• Access to lock; 

• Height restrictions; 

• Quay line plan; 

• Lease information; 

• Pontoons, Jetties, Boat ramps and decks – Design, tenure and 

use controls; 

(iii) Council Works on private land abutting lake - 

• Responsibilities of landowners adjacent lake; 

• Council’s ability to enter land to undertake works to maintain, 

repair and/or replace the lake or infrastructure associated with 

the lake; 

Page 83


• Charging related landowner for works undertaken by Council 

on behalf of the landowner. 

(iv) Community Consultation and public education; 

(v) Infrastructure associated with the lake; 

(vi) Environmental - 

• Water Quality objectives; 

• Water Quality Monitoring Program including sampling site 

locations, frequency etc; 

• Incident response and reporting; 

(vii) Maintenance Manual for lake and related infrastructure; 

(viii) Design Details:- 

• A summary of the design data and assumptions used for the 

hydrological study; 

• A summary of the design flows, tidal exchange and predicted 

operating water levels and variations; 

• Summary hydraulic calculations for the design of all inlet and 

outlet structures; 

• A summary of the design pollutant loadings and modelling 

assumptions used to derive the design pollutant loadings; 

• A summary of the design performance criteria; 

• A summary of the predicted water quality outcomes. 

(b) 

Tidal Waterway Management Plan: 

(i) Background; 

(ii) Waterway Tenure and Usage - 

• Waterway ownership details 

• Waterway owner’s responsibility; 

• Permitted use of craft; 

• Prohibited uses and practices; 

• Concessions; 

• Abutting public land; 

• Access to public pontoons; 

• Height restrictions; 

• Quay line plan; 

• Lease information; 

• Pontoons, Jetties, Boat ramps and decks – Design, tenure and 

use controls; 

(iii) Council Works on private land abutting waterway - 

• Responsibilities of landowners adjacent waterway; 

• Council’s ability to enter land to undertake works to maintain, 

repair and/or replace the waterway or infrastructure associated 

with the waterway; 

• Charging related landowner for works undertaken by Council 

on behalf of the landowner. 

(iv) Community Consultation and public education; 

(v) Infrastructure associated with the waterway; 

(vi) Environmental - 

• Water Quality objectives; 

• Water Quality Monitoring Program including sampling site 

locations, frequency etc; 

Page 84


(vii) 

(viii) 

• Protocol for containment of unauthorised spills (i.e. fuel 

spills/sewerage pump out spills); 

• Incident response and reporting; 

Maintenance Manual for waterway and related infrastructure; 

Design Details: 

• A summary of the design data and assumptions used for the 

hydrological study; 

• A summary of the design flows, tidal exchange and predicted 

operating water levels and variations; 

• Summary hydraulic calculations for the design of all inlet and 

outlet structures; 

• A summary of the design pollutant loadings and modelling 

assumptions used to derive the design pollutant loadings; 

• A summary of the design performance criteria; 

• A summary of the predicted water quality outcomes. 

27. The Lake Management Plan and Tidal Waterway Management Plan must be updated 

by the developer and approved by Council to address the following issues prior to 

dedication of each stage of the lake/canal/marina system: 

• ‘As constructed’ plans showing relevant details and levels for 

all components of the system; 

• A summary of water quality test results obtained prior to hand 

over to Council; 

• A brief comparison and discussion of the possible reasons for 

any difference between predicted and actual results of the 

water quality monitoring along with management 

recommendations to mitigate unacceptable results; 

• Briefing notes suitable for maintenance personnel sufficient to 

satisfy any known Occupational Health and Safety issues 

related to the ongoing management of the site; 

• A summary checklist, including a timetable, for the routine 

inspection and maintenance of all elements of the system. 

A summary of staff, plant, minor and special equipment and costing information 

associated with the previous operation and maintenance of the system to allow 

budget preparation for future management and maintenance to be tailored to levels of 

service; 

HYDRAULICS AND WATER QUALITY 

28. The following minimum development levels will be achieved for the development 

associated with this Preliminary Approval: 

• Minimum floor level is 3.2 m Australian Height Datum; 

• Minimum fill platform level is 2.9 m Australian Height Datum; 

• Minimum road centreline level is 2.4 m Australian Height Datum. For 

roads with a centre median, the high point on one traffic lane shall 

have a minimum level of 2.4m Australian Height Datum; 

• Minimum revetment wall level is 1.75 m Australian Height Datum; 

• Minimum level of base of filter media in bioretention devices is 1.25 m 

Australian Height Datum 

Page 85


Note that at the time of deciding future development applications future policies which 

may be in force and applicable to future development applications over the site such 

as the SPP Coastal Protection may result in higher minimum development levels. 

29. All allotments within the low density residential precinct and multi unit residential 

precinct associated with this preliminary approval shall fall at least 1:200 to the road 

reserve with the exception of lake front allotments where the embankment slope to 

the lake shall not be steeper than 1:6 and the building platform of the allotment shall 

fall at least 1:200 to the road reserve; 

30. All overland flowpaths from existing residential areas draining through the Preliminary 

Approval area shall be maintained such that peak flood levels in existing areas during 

peak local and regional 100 year Average Return Interval freshwater flood and 

stormtide events do not increase above existing peak flood levels. This requirement 

must be demonstrated in the instance of a fully blocked underground drainage 

system. With the application for the first stage of subdivision associated with this 

Preliminary Approval the applicant is to submit and have endorsed by Council’s 

delegate a Stormwater Quantity Management Strategy for the entire preliminary 

approval area detailing how overland flows from existing residential areas will be 

managed; 

31. Stormwater from the development associated with this Preliminary Approval must be 

treated to current best practice using WSUD treatment devices prior to discharge to 

the lake or marina area. With the application for the first stage of subdivision 

associated with this Preliminary Approval the applicant is to submit and have 

endorsed by Council’s delegate a Stormwater Quality Management Strategy for the 

entire preliminary approval area; 


applicant is to submit a Detailed Stormwater Quantity Management Plan which shall 

be in accordance with the Stormwater Quantity Management Strategy for the entire 

preliminary approval area. The Detailed Stormwater Quantity Management Plan must 

detail all overland flowpaths within the application for subdivision. All overland 

flowpaths shall be either drainage reserve or road reserve and designed in 

accordance with Council’s Development Design Planning Scheme Policy and 

Queensland Urban Drainage Manual; 


applicant is to submit a Detailed Stormwater Quality Management Plan which shall be 

in accordance with the Stormwater Quality Management Strategy for the entire 

preliminary approval area. The Detailed Stormwater Quality Management Plan must 

demonstrate how WSUD devices designed in accordance with Council’s 

Development Design Planning Scheme Policy and the latest version of the WSUD 

Technical Design Guidelines for South East Queensland (Healthy Waterways 

Partnership) to treat stormwater to current best practice prior to discharge to the 

lake/canal will be integrated into the development, and how it is intended to effectively 

manage stormwater, sediment and other run-off from the site to prevent adverse 

impact on wetland values; 

34. Stormwater from all business, commercial, industrial and residential use classes with 

the exception of display dwelling, dwelling house and duplex shall be treated to 

current best practice prior to discharge into Council’s stormwater system and shall not 

be treated further within Council’s stormwater system prior to discharge to the 

lake/canal 

Page 86


35. The developer shall design and construct the lake, marina, canal extension and its 

associated infrastructure in accordance with Council’s Development Design Planning 

Scheme Policy to: 

• ensure regular inflow of saline water from the Pumicestone Passage to the 

lake, marina and canal extension; and 

• maintain adequate water circulation within the lake using a system generally in 

accordance with the Pelican Waters Southern Lake – Lake Water Quality 

Investigation (Cardno Lawson and Treloar, August 2010) to produce a 

maximum 22 day turnover with the Lamerough Canal under both current 

climate and year 2100 considering projected sea level rise of 0.8m; and 

• ensure that the water quality of the lake, marina and canal extension 

(excluding bottom and near bottom waters) complies with the flowing water 

quality criteria: 

Environmental Protection (Water) Policy 2009 Pumicestone Passage 

environmental values and water quality objectives - 

a) turbidity: < 8 NTU 

b) suspended solids: < 25 mg/L 

c) chlorophyll a: < 8 µg/L 

d) total nitrogen: < 450 µg/L 

e) Oxidised N: < 15 µg/L 

f) ammonia N: < 30 µg/L 

g) inorganic N: < 400 µg/L 

h) total phosphorous: < 30 µg/L 

i) filterable reactive phosphorous: < 10 µg/L 

j) dissolved oxygen: 80 – 105% saturation 

k) pH: 7.0 – 8.4 

l) secchi depth: > 0.5 m 

Toxicants in Water and Sediment as per Australian and New Zealand 

Water Quality Guidelines (2000) - 

m) Aluminium and iron at concentrations to comply with accepted limits 

conducive to the protection of estuarine and marine ecosystems and 

aluminium and iron at concentrations not prejudicial to human health 

Microbiological and Physio-chemical standards as per the National 

Health and Medical Research Council Guidelines for Managing Risks in 

Recreational Water (2008) - 

n) Cyanobacteria/algae - Karenia brevis: < 10 cells/mL 

o) Intestinal enterocicci: 95 th percentile ≤ 40 organisms per 100 mL. 

The above water quality criteria apply with respect to the finished component 

of the lake, canal and marina within each stage as well as the ultimate 

configuration of the lake, canal and marina. 

In the event that the water quality criteria are not being achieved, and the 

developer can demonstrate that the criteria is not being achieved due to the 

influence of the water quality of in flowing waters from the Lamerough Canal 

system, then the water quality criteria shall default to the median water quality 

values (the “Default Criteria”) sampled and measured in Lamerough Canal at 

the entrance to the Pumicestone Passage at the finish of an incoming tide; 

The “Default Criteria” shall only apply during the monitoring period that water 

quality within the lake / canal / marina system has been detrimentally affected 

by inflowing waters from Lamerough Canal; 

Page 87


36. The developer shall implement a water quality monitoring program which shall: 

a) commence after the first stage of the lake / canal / marina system has 

been constructed; and 

b) continue until the developer is no longer responsible for the 

maintenance of the Southern Lake system; and 

c) be designed such that: 

i) the parameters that are monitored are those that are relevant 

to assessing the requirements specified in Condition 35 and 

ii) the permanent monitoring sites include those sites indicated in 

the management plan approved by Council; and 

iii) the number of permanent monitoring sites in addition to those 

specified in above includes; 

a) two sites minimum for each stage of the lake, canal and 

marina; and 

b) one site located in Lamerough Canal near the entrance 

to the marina; and 

c) one site located at the entrance of Lamerough Canal; 

iv) 

testing is carried out in respect of each monitoring site on a 

monthly basis with analysis of results to be provided to Council, 

including suitably frequent sampling so that several wet periods 

are repres4ented in the sampling program, or as otherwise 

detailed in approved management plan; and 

d) be carried out by a suitably qualified analytical consultant; and 

e) be submitted (the water quality monitoring component of the 

management plan) to and approved by the Council prior to the 

commencement of construction of the first stage of the Southern Lake 

system; and 

f) be amended by the developer if and as necessary in conjunction with 

the construction of the subsequent stages of the Southern Lake 

system and be approved by the Council prior to the commencement of 

construction of the subsequent stages of the Southern Lake system by 

the developer; 

37. The developer shall be responsible for the maintenance of the lake, canal and marina 

system and associated infrastructure until: 

a) the whole of the lake, canal and marina and associated infrastructure 

is completed and been accepted “on maintenance” by Council; and 

b) the results of the water quality monitoring program demonstrate that 

the requirements specified in Condition 35 are being achieved for a 

continuous period of 24 months after the completion of the final stage 

of the lake system and associated infrastructure 

38. While the developer remains responsible for the maintenance of the lake, canal and 

marina system (and its associated infrastructure), the developer shall upgrade or 

modify the design and construction of the lake, canal, marina and associated 

infrastructure to achieve the requirements specified in Condition 35 if the results of 

the water quality monitoring program indicate that the requirements specified in 

Condition 35 are not being achieved. 

Page 88


WETLAND 

39. There is no net loss of wetland habitat and adverse impacts from development are 

avoided. If loss to the wetland or adverse impacts are unavoidable, loss and impacts 

are minimised and offsets are provided at a ratio of 2:1. Offsets are to be like for like 

(i.e. replacement of equivalent Regional Ecosystem vegetation communities that are 

subject to development impacts and removal); 

40. The water quality of any waters in and linked to the wetland is maintained and 

managed to protect the environmental values of the wetland and the water quality 

objectives listed under Schedule 1 of the Environmental Protection (Water) Policy 

2009 are achieved; 

41. The existing water regime (including surface and groundwater) within and linked to a 

wetland is managed to protect existing natural hydrological processes within the 

wetland ecosystem. This includes safeguarding natural fluctuations in size and 

location of the wetland, and retaining and allowing for regeneration of vegetation; 

WATER AND SEWERAGE 

42. Reticulated water and sewerage must be provided to each lot in the development to 

Unitywater requirements and generally in accordance with the approved findings of 

the Water Supply and Sewerage Infrastructure Assessment dated 11 August 2010 

prepared by Cardno Pty Ltd; 

43. In accordance with the Water Supply and Sewerage Infrastructure Assessment dated 

11 August 2010 prepared by Cardno Pty Ltd, the following water and sewerage 

infrastructure must be provided at the developer's expense, in accordance with the 

nominated timing (where applicable): 

• Prior to the sealing of a plan of subdivision for any development within proposed 

stage 1, design and construct a 250 millimetre diameter water main from Pelican 

Waters Boulevard to Michael Street; 

• Sewerage pumping station PW3 must be upgraded prior to the sewerage inflow 

loading reaching an EP count of 4538; 





• Prior to the upgrading of sewerage pumping station PW3 (and the associated 

release of survey plan), a detailed investigation of the impacts on PW12 must be 

provided. Any necessary upgrading works to PW12 must be undertaken by the 

developer; 

44. Existing sewerage pumping stations PW3, PW6, PW8 and potentially PW12, are to 

be upgraded in accordance with the Water Supply and Sewerage Infrastructure 

Assessment dated 11 August 2010 prepared by Cardno Pty Ltd and to current 

Unitywater standards at the developers expense; 

45. Prior to the sealing of the plan of subdivision for each stage, the developer’s 

consulting engineer must provide an EP count statement for sewerage pumping 

stations PW3, PW6 and PW8 to confirm the upgrading triggers will not be exceeded; 

Page 89


46. Proposed sewerage pumping stations are to be located in accordance with the Water 

Services Association of Australia, Sewerage Pumping Station Code and located on 

their own lot, dedicated to Unitywater; 

47. All alteration and connections to the Unitywater live water supply and sewer systems 

must be undertaken by Unitywater at the developers expense; 

48. Earthworks filling operations must be completed to finished surface level prior to any 

water and sewer infrastructure being constructed; 

49. The fire-fighting demand on Unitywater’s water supply system from the development 

must not exceed 15 litres per second; 

OPEN SPACE NETWORK STRATEGY 

50. With the application for the first stage of subdivision associated with this Preliminary 

Approval, the applicant is to submit an Open Space Strategy for the whole of the 

Preliminary Approval Area that addresses but is not limited to the following matters: 

a) open space network that meets the requirements of the Infrastructure 

Agreement and is functional in shape; 

b) preliminary landscape concept plans for each of the major park 

systems; 

i) Central Village Park; 

ii) Neighbourhood Park (south western corner of site, adjacent to 

Boronia Grove; 

iii) Jensen Park extension; 

iv) Walkable waterfront and associated parks 

c) typical cross-sections for the walkable waterfront; 

d) connectivity of the proposed boardwalk / path alignment; 

e) revetment wall, retaining wall, bridge abutments and culvert 

treatments; 

f) timing for the delivery of each piece of Open Space Infrastructure; 

g) identify areas where rehabilitation and revegetation is required; 

h) provide a rehabilitation and revegetation plan for these areas utilising 

locally native species that reflect the pre-clearing regional ecosystem, 

with preference given to endemic species; 

i) provide a weed management strategy including weed control and plant 

maintenance over a minimum three year period; 

j) continuation and linkage with existing coastal path network; 

Note: In regard to Jensen Park the following design requirements apply: 

a) The creation of two zones (passive recreational eastern zone and 

active western zone): 

Eastern Zone 

i) retention and enhancement of existing drain; 

ii) deletion of proposed nature walk; 

iii) cross sections for proposed pier and timber bridge/boardwalk 

at Energex easement linking coastal path; 

iv) details of proposed filling and extent of batter profiles /rock 

walls within park boundaries. 

Western Zone 

Page 90


i) location of all infrastructure above 50 year Average Return 

Interval flood event level (play equipment, BBQs and shelters, 

toilet block, etc, in accordance with Council’s relevant Policy). 

b) General 

i) provision of a report prepared and certified by a biologist or 

equivalent that demonstrates to the satisfaction of Council’s 

Delegate that there are no adverse impacts on the ecological 

values and functioning of the wetland areas; 

ii) details of proposed filling and extent of batter profiles with park 

boundaries / impact on vegetation and wetland; 

iii) exclusion of all stormwater treatment devices, sewerage pump 

stations and padmount transformers from Trunk parks; 

iv) details of coastal pathway; 

v) creation of a continuous 25 metre minimum width open space 

biting insect buffer strip shall be provided along the sites south 

and south eastern interface with the adjacent riparian 

vegetation zone. This 25 metre strip shall be made up by 

provision of road reserve (pavement and verge), pathway and 

open space park. The open space buffer shall be clear of biting 

insect harbouring vegetation, with the exception of 

mown/slashed grass and street trees approved under 

operational works – landscaping; 

vi) rehabilitation of the adjacent riparian corridor (vegetation buffer 

to Bells Creek) with local native species. 

The Open Space Strategy is to be assessed by Council and amendments to the 

Strategy conditioned as part of the first stage of subdivision. 

51. The existing power transmission lines extending from Booker Parade across the tidal 

inlet and along the unnamed road adjacent to Bells Creek must be removed and 

incorporated with the planned electrical reticulation network for the development area 

and undertaken in conjunction with operational works. Relocation works must ensure 

connection with the transmission lines crossing Bells Creek is maintained, with all 

works to comply with the requirements of the electricity authority. Details of 

relocation and reconnection works must be provided as part of the rehabilitation plan 

associated with the Open Space Strategy. 

MOSQUITO AND BITING INSECTS 

52. A continuous 25 metre minimum width open space biting insect buffer strip shall be 

provided along the sites south and south eastern interface with the adjacent riparian 

vegetation zone. This 25 metre strip shall be made up by provision of road reserve 

(pavement and verge), pathway and open space park. The open space buffer shall 

be clear of biting insect harbouring vegetation, with the exception of mown/slashed 

grass and street trees approved under operational works – landscaping; 

53. The layout, design and construction of this development shall be such that the 

development minimises the risk to public health from nuisance biting insects. At the 

time application is made for subsequent development applications, details shall be 

provided for all proposed biting insect mitigation measures which shall include, but 

not be limited to the following; 

I. biting insect proof screens to be fitted to doors and windows of all 

Page 91


residential dwellings; 

II. external street and pathway lighting orientated, shielded and designed 

such that biting insects within adjacent areas are not attracted by direct 

line of sight to the luminaires; 

III. appropriate design of stormwater infrastructure such that is not 

conducive to mosquito breeding and harbourage; 

54. No chemical treatment is to occur on or adjacent to Bells Creek and associated 

waterways and wetlands for the purpose of biting insect control. 

WASTE MINIMISATION STRATEGY 

55. Prior to the registration of the first stage of subdivision, the applicant is required to 

prepare a waste minimisation strategy in conjunction with Council that addresses: 

• Community and business engagement and education; 

• Waste minimisation initiatives, (i.e. community gardens in parks, green waste 

recycling bin trial, etc.); 

• Mutually beneficial recycling collection arrangements for Multi Unit Dwelling 

and Commercial sites; 

• Education programs to make builders aware of where to source information 

and assistance to reduce their construction wastes and their costs. 

To help reduce the amount of domestic, construction and commercial waste that 

enters land fill sites. 

WATER HARVESTING AND RE-USE 

56. Prior to the approval of the first stage of subdivision, the applicant is required to 

submit for assessment a water harvesting and re-use strategy for public areas (parks 

and roads), with the aim of reducing potable water usage in parks for non potable 

purposes (ie; irrigation, non-potable components of public toilets). 

57. In accordance with the Overall Outcomes of the Caloundra City Plan 2004, all 

development, including dwelling houses, multiple dwellings and commercial 

development are required to have on-site water harvesting, for internal and external 

non-potable use, which will decrease reliance on potable water supply. Details will be 

provided with any application for Material Change of Use or Building Work for each 

development. 


The referral agencies applicable to this application are: 

Referral Trigger 

Material Change of use, 

if carrying out the 

change of use will 

involve – 

a) operational works 

carried out 

completely or partly 

in a coastal 

management district; 

Referral 

Status 

Referral Agency 

Concurrence Department of 

Environment & 

Resource 

Management 

Referral Address 

Ecoaccess Customer 

Service Unit 

PO Box 15155 

CITY EAST QLD 4002 

Page 92



or 

b) building work, 

carried out 

completely or partly 

in a coastal 

management district, 

that is – 

(i) the construction of 

new premises with a 

GFA of at least 

1000m²; or 

(ii) the enlargement of 

the GFA of existing 

premises by more 

than 1000m²l 

Development on land 

that— 

(a) is for an aspect of 

development 

identified in schedule 

13C; and 

(b) is for a purpose 

mentioned in 

schedule 13C, column 

1; and 

(c) exceeds the 

threshold 

mentioned in schedule 

13C, 

column 2 for the 

purpose 


that— 

(a) is for an aspect of 

development 

identified in schedule 

13D; and 

(b) is for a purpose 

mentioned in 

schedule 13D, column 

1; and 

(c) exceeds the 

threshold 

mentioned in schedule 

13D, 

column 2 for the 

purpose 


not contiguous to a 

State-controlled road 

that – 

a) is for an aspect 

of development 

identified in 

schedule 5; and 

b) is for a purpose 

or purposes 

mentioned in 

Referral 

Status 



Transport and Main 

Roads 



Roads 



Roads 

Page 93 


Principal Manager (Land 

use) 

Transport Planning Branch 

Queensland Transport 

GPO Box 213 

BRISBANE QLD 4001 

Principal Manager (Land 

use) Transport Planning 

Branch Queensland 

Transport 

GPO Box 213 

BRISBANE QLD 4001 

North Coast (Gympie) 

PO Box 183 

GYMPIE 4570



schedule 5, 

column I; and 

c) exceeds the 

threshold, or 

combined 

threshold, in 

schedule 5, 

column 2 or 3 

for the purpose 

or purposes 

Material change of use 

of a lot that is 2 ha or 

larger, if – 

a) for development for 

which a preliminary 

approval is sought 

under the Act, 

section 3.1.6, the lot 

contains either – 

i) native vegetation 

shown on a regional 

ecosystem map or 

remnant map as 

remnant vegetation 

Removal, Destruction or 

Damage of a Marine 

Plant 

Excavating more than 

1000 cubic metres of 

soil at or below 5m 

Australian Height Datum 

and filling with 1000 

cubic metres with an 

average depth of .5 on 

land, soil or sediment at 

or below 5m Australian 

Height Datum> 

Material Change of Use, 

other than for a 

domestic activity, if any 

part of the lot is situated 

in, or within 100m of a 

wetland 

Material change of use 

for urban purposes if 

any part of the lot is 

situated in, or within 

100m of, any of the 

following- 

(a) a protected 

area, forest reserve, 

critical habitat or area of 

major interest under the 

Nature Conservation 

Act 1992; 

(b) a State forest or 

Referral 

Status 



Environment & 

Resource 

Management 


Employment, 

Economic 

Development & 

Innovation 

Advice Department of 

Environment & 

Resource 

Management 


Environment & 

Resource 

Management 


Environment & 

Resource 

Management 

Page 94 


PO Box 573 

NAMBOUR 4560 

ATTENTION: Jeff Guinea 

Southern Fisheries Centre 

PO Box 76, Deception Bay 

Q 4508 

PO Box 573 

NAMBOUR 4560 

ATTENTION: Jeff Guinea 

Ecoaccess Customer 

Service Unit 

P O Box 15155 

CITY EAST QLD 4002 

Ecoaccess 

Customer Service Unit 

P O Box 15155 

CITY EAST QLD 4002



timber reserve under 

the Forestry Act 1959; 

(c) a marine park 

under the Marine Parks 

Act 2004; 

(d) a recreation 

area under the 

Recreation Areas 

Management Act 2006; 

(e) a world heritage 

area listed under the 

World Heritage 

Convention; 

(f) Brisbane Forest 

Park under the Brisbane 

Forest Park Act 1977 

Development for which 

preliminary approval is 

sought under the IPA 

s3.1.6 

Referral 

Status 


Advice Dept of 

Infrastructure and 

Planning 


Level 4, 63 George Street 

PO Box 15009 

City East QLD 4002 

A copy of any referral agency conditions is attached. 


a) The applicable commercial rates for leases over land owned by Council or held in 

trust by Council (including the lake and marina) are as determined by Council. 

b) The balance of the area referred to in Condition A10 (Lot 959 on SP 235737) of the 

Combined Rezoning and Subdivision (Council File No. 550-002-000/040824) must be 

transferred to Council, prior to registration of the 200 th lot within the Southern Lakes 

Preliminary Approval area. 

c) The Environmental Protection Act 1994 states that a person must not carry out any 

activity that causes, or is likely to cause, environmental harm unless the person takes 

all reasonable and practicable measures to prevent or minimise the harm. 

Environmental harm includes environmental nuisance. In this regard persons and 

entities, involved in the civil, earthworks and construction phases of this development, 

are to adhere to their ‘general environmental duty’ to minimise the risk of causing 

environmental harm. 

Environmental harm is defined by the Act as any adverse affect, or potential adverse 

affect whether temporary or permanent and of whatever magnitude, duration or 

frequency on an environmental value and includes environmental nuisance. 

Therefore, no person should cause any interference with the environment or amenity 

of the area by reason of the emission of noise, vibration, smell, fumes, smoke, 

vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or 

otherwise, or cause hazards likely in the opinion of the administering authority to 

cause undue disturbance or annoyance to persons or affect property not connected 

with the use. 

Page 95


d) The Environmental Protection Regulation 2008 prescribes specific Environmentally 

Relevant Activities e.g. Extractive & Screening Activities (dredging), Chemical 

Storage (service stations) which require a MCU ERA approval in accordance with the 

Sustainable Planning Act 2009, and Operators Registration Certificate in accordance 

with the Environmental Protection Act 1994. It is the applicant’s responsibility to 

ensure that where these activities are proposed in subsequent development 

applications, referral is made to the appropriate concurrence agency for assessment. 

e) It is a requirement of the Environmental Protection Act 1994 that if an owner or 

occupier of land becomes aware a Notifiable Activity (as defined by Schedule 2 of the 

Environmental Protection Act 1994) is being carried out on the land or that the land 

has been affected by a hazardous contaminant, they must, within 30 days after 

becoming so aware, give notice to the Department of Environment & Resource 

Management’s Contaminated Land Unit. 

f) The property is located within an area identified as a potential area of acid sulfate 

soils. As such, the applicant shall be responsible for implementing all necessary 

measures so as to minimise the disturbance of potential acid sulfate soils. Where it is 

known or suspected that acid sulfate soils are discovered, i.e. during earthworks, 

construction of footings and foundations, etc appropriate measures must be 

implemented to prevent the release of contaminated soils and run-off from the site. 

g) Road reserves widths and indicative cross sections may require widening to cater for 

stormwater treatment devices located within verges. 

Further Permits 

• Development Permit for Reconfiguring a Lot. 

• Development Permit for Operational Works (bulk earthworks). 

Page 96


4.1.3 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE 

(MEDICAL CENTRE, MULTIPLE DWELLING UNITS), 11 BINDAREE CRESCENT, 

MOOLOOLABA 

File No: 

Author/Presenter: 

MCU10/2015 

Development Planner, Planning Assessment, Mitchell Fuller 

Principal Development Planner, Planning Assessment, Stephen 

Whitby 

Appendices: Appendix A - Conditions Of Approval (SPC Pg 111) 

Attachments: Att 1 - Site Map (SPC Att Pg 119) 

Att 2 - Proposal Plans (SPC Att Pg 120) 

Planning Instrument: Maroochy Plan 2000 (11 November 2009) 

Applicant: 

VCU Design Pty Ltd 


KHA Development Managers 


MCU10/2015 

Division: 4 

Properly Made Date: 04/08/2010 

Information Request Date: 15/09/2010 

Information Response Received Date: 08/10/2010 

Proposal: 

Development Permit for Material Change of 

Use of Premises (Medical Centre, Multiple 

Dwelling Units x 4) 


Impact 

No. of Submissions: 31 


11 Bindaree Crescent, Mooloolaba 


RPD: Lot 217 RP 43882 

SEQRP: 


Land Area: 607m 2 


Urban 


4 - Mooloolaba 


4 – Brisbane Road South 


Town Centre Frame 


Existing detached dwelling 

PURPOSE 

The purpose of this report is to seek Council’s determination of an impact assessable 

application for a Development Permit for a Material Change of Use (Medical Centre & 

Multiple Dwelling Units). 

The application is before council as more than 20 submissions have been received within the 

public notification period. 


The development site is located at 11 Bindaree Crescent, Mooloolaba, which lies off the 

southern end of Brisbane Road between Mayes and Tuckers Canals. The application is for a 

Development Permit for a Material Change of Use of premises to allow a 3-storey, multiple 

dwelling unit complex with a small medical centre on the ground floor. 

Page 97


The application is impact assessable by virtue of the development being slightly over the 

preferred residential density for the precinct and having a unit situated on the ground floor. 

The commercial component of the proposal would normally be code assessable however 

defaults to impact assessment with the inclusion of the proposed residential component. A 

total of 31 submissions were received objecting to the proposal. 

The main issues arising from the assessment of the application are: 

• the density proposed is the equivalent of 4.02 x 2 bedroom units. The preferred 

density for this site within the Town Centre Frame Precinct is 3.04 x 2 bedroom units; 

• the proposed front boundary setback for the residential component does not comply 

with the acceptable measure of the Code for Low-rise Residential Premises; and 

• the proposed private open space of the ground floor residential tenancy does not 

comply with the acceptable measures of the Code for Mixed Use Premises. 

Despite the non-compliance with the Precinct’s preferred density and building setback 

provisions, the impacts associated with this unique mixed use building are minimal. 

Importantly, the development is consistent with the desired mixed use character of the 

precinct, provides all design and environmental requirements for the future residents and can 

be provided with all required infrastructure. The non-complying building setbacks will have 

no significant or detrimental impact on the amenity of adjoining residential properties when 

considered with the commercial built form of the 35m 2 tenancy that is code compliant. Any 

loss of visual amenity from the proposal would be substantially less than that of a code 

compliant and assessable 3 storey commercial development built to the front boundary up to 

a height of 12m. The development generally meets all other design requirements relating to 

setbacks, open space, parking, landscaping, building height and can be provided with all 

required infrastructure. 

The precinct intent explicitly encourages ground floor commercial floor space combined with 

residential units above and commercial floor space will assist with the continued growth of 

the health and wellbeing sector of the economy on the Sunshine Coast. The application has 

been assessed against the Strategic Plan, Planning Area and Precinct Intent requirements 

and the relevant Performance Criteria of the applicable codes of Maroochy Plan 2000. The 

proposal complies with the above or can be conditioned to comply and is recommended for 

approval with conditions. 


That Council APPROVE WITH CONDITIONS Application MCU10/2015 by VCU Design 

Pty Ltd and grant a Development Permit for Material Change of Use of Premises 

(Medical Centre, and Multiple Dwelling Units) at 11 Bindaree Crescent, Mooloolaba, 

described as Lot 217 RP 43882 subject to the conditions of approval as outlined in 

Appendix A. 


Should the application be approved, the applicant would be required to pay Infrastructure 

Contributions in accordance with Council’s Policies. 

Page 98


A current estimate of the infrastructure contributions required by this development is outlined 

as follows: 

Infrastructure Network Description 

Contribution Amount 

Network 

DC 2 Bikeways $696.61 

DC 3 Roads $12,887.30 

DC 4 Stormwater $5,146.69 

DC 5 Public Parks $11,413.13 

DC 6 Land for Community Facilities $2,262.75 

The actual amount of the contributions must be calculated and paid in accordance with the 

Planning Scheme Policies current at the time of payment. 

INTRODUCTION 


A pre-lodgement meeting was held on 23 June 2010 with the applicant concerning a 

development concept very similar to the current development proposal. The proposed 

concept was generally acknowledged to have merit as the precinct supports mixed use 

development. The ‘soho’ unit (supporting a small operator to live and work on the ground 

floor) was considered a unique design concept for a small operator which provides a better 

opportunity for the commercial tenancy to be successful. Along with the standard carparking 

and building siting and design requirements, the applicant was advised that particular 

attention was needed in relation to the additional density proposed and to address the 

relevant performance criteria of the planning scheme. 


The subject site is located at 11 Bindaree Crescent, Mooloolaba, on the north-western side 

of the street with a south-eastern outlook over the canal waterways of Mooloolaba. The lot 

has an area of 607m 2 and a road frontage of 15.088 metres to Bindaree Crescent. The site 

is located to the east of Brisbane Road and gains access from the south bound lane of 

Brisbane Road. 

A single detached dwelling (post 1945) currently exists on the site and will be removed to 

accommodate the proposed development. 


The site is surrounded by a mix of residential and commercial uses of various ages, building 

height and character. The most notable complexes are the ‘Anchorage’ and ‘Bindaree 

Mooloolaba’, which adjoin the site to the southwest. Both of these are low-rise multi-unit 

developments gaining access from Bindaree Crescent. Bindaree Mooloolaba, comprising 6 

x 3-bedroom units and 2 x 2-bedroom units, was approved in 2003 (MCU02/0269). 

The Anchorage comprising of 9 units, was constructed in the early 1990s and was ‘as of 

right’ under the 1985 Town Planning Scheme. The Anchorage is a 3-storey unit complex 

(incorporating roof terrace) with an access driveway from Bindaree Crescent along the 

common boundary with the subject site, which services basement level parking spaces. 

The lot adjoining the site to the north-east accommodates a single, 2-storey dwelling. To the 

north of the site is a number of existing commercial developments. 

Page 99


Proposal 

The application seeks a Development Permit to establish a Material Change of Use (Medical 

Centre & Multiple Dwelling Units). 

The proposed building is 3 storeys in height and is below the precinct height limit of 12m. 

The multiple dwelling component of the proposal will consist of 1 x 1 bedroom unit (studio) on 

the ground floor, 2 x 2 bedroom units on the first floor, and 1 x 3 bedroom unit on the second 

floor. The medical centre component will be located on the ground floor and consists of a 

single tenancy comprising 35m 2 GFA. 

A breakdown of what is proposed is provided in the table below: 

Site Area 607m 2 

GFA 583m 2 

Site Coverage 56.5% 

Parking Provision 8 (including 1 

disabled bay) 

Landscaping and Recreation Area 230m 2 (37.8%) 

On-site bicycle storage facilities will allow for the secure provision of 6 bicycles. 

The applicant proposes a waste storage and wash down area towards the rear of the site. 

Eight wheelie bins are proposed. Waste collection will be serviced from the Bindaree 

Crescent kerbside via existing waste service arrangements. 

ASSESSMENT 

State Planning Policies/Management Plans 

No State Planning Policies apply to the application. 


The site is located within the Urban Footprint of the South East Queensland Regional Plan. 

The proposed development is consistent with the Desired Regional Outcomes of the SEQ 

Regional Plan for the Urban Footprint designation and will provide a range of housing 

options. 


Strategic Plan/Desired Environmental Outcomes 

The subject site is located within the ‘Urban’ land use designation of the Strategic Plan and is 

generally consistent with the applicable objectives for the Town Centre Frame locality. 

The proposal will contribute towards consolidating residential development within existing 

urban areas that have sufficient infrastructure capacity. The increased density and 

commercial space within this concentrated walkable community will further encourage the 

use of public and active transport to reach nearby schools, shops and centres. Increased 

populations within close proximity to bus stops will facilitate a more viable and efficient 

transport system and further strengthen existing commercial centres. 

The proposed development, with a mix of unit types and unique commercial space, will 

contribute to the achievement of a diversity of housing types and commercial uses within the 

region. 

Page 100



The subject site is located in Planning Area 4 - Mooloolaba, Planning Precinct 4 – Brisbane 

Road South, Precinct Class Town Centre Frame. 

The preferred and acceptable uses within this precinct are those referred to in the Table of 

Development Assessment for the Town Centre Frame Precinct Class. The Supplementary 

Table of Development for this precinct supports uses including Accommodation Building, 

Motel, Multiple Dwelling Units, Convenience Restaurant, Fast Food Store, Medical Centre, 

Office, Restaurant, Shop, and a Showroom. 

With particular regard to the proposed development, the Mooloolaba precinct provisions 

clearly state that: 

• This precinct has the potential to become a more vibrant business and community centre; 

• Redevelopment is expected over time, particularly on properties close to canals; 

• Future development should improve the identity and amenity of the precinct and reinforce 

its dual role as a Local Centre and significant place of employment and services; and 

• Redevelopment of older small-scaled premises for mixed-use development incorporating 

apartments above street floor businesses will be encouraged on appropriate sites. 

The proposal is generally compatible with the existing and preferred development of the area 

and provides a well designed and unique mixed use development that is consistent with the 

desired precinct intent. The proposed small single-bed unit on the ground floor and small 

medical centre, offer a unique opportunity for a small medical operator to live and work on 

the site. 


The site is approximately 250m walking distance from two existing bus stops on Brisbane 

Road and is regularly serviced every 15 minutes. 

The site is within 150m of existing shops and convenience stores along Brisbane Road and 

approximately 850m from existing services within the Mooloolaba Town Centre. Numerous 

retail facilities, restaurants, businesses and services are accessible within these local 

centres. 

As existing public transport services are readily accessible to the site, no requirements are 

recommended in relation to public transport facilities. The proposed medical centre is a 

small commercial tenancy (35m 2 ) and will have no impact on traffic. 

The frontage of the site incorporates existing kerb and channel. A 1.8m footpath currently 

exists along the frontage of the residential premises “Bindaree Mooloolaba” to the north of 

the subject lot. A condition requiring the construction of a footpath along the frontage of the 

site will be imposed. 


The following Codes are applicable to this Application: 

• Code for Waterways and Wetlands; 

• Code for Assessment and Management of Acid Sulphate Soils; 

• Design Code for Community Safety and Security; 

• Code for Landscaping Design; 

Page 101


• Code for Transport, Traffic and Parking; 

• Operational Works Code; 

• Code for Integrated Water Management; 

• Code for Low-rise Multi-unit Residential Premises; 

• Code for Town and Village Centres; 

• Code for Mixed Use Premises; and 

• Code for Waste Management in Commercial and Community Uses. 

The application has been assessed against each of the above applicable codes and found to 

be compliant or can be conditioned to comply with each. The pertinent issues arising out of 

assessment against the codes are discussed below: 

Site Location 

The Performance Criteria P1 of the Code for Low-Rise Multi Unit residential premises 

requires low-rise multi dwelling unit premises in residential areas within close or convenient 

access to: 

• Village and/or Town Centres; 


• Public Open Space; and 

• Public transport and other infrastructure. 

The subject site is located approximately 850m from Mooloolaba Town Centre Core precinct, 

which contains all standard community facilities. Public Open Space is available directly in 

front of the site on the opposite side of Bindaree Crescent and regular public transport 

services are available on Brisbane Road, approximately 250m from the subject site. 

Density 

The proposal includes a 1 x 1-bedroom studio unit, 2 x 2-bedroom units and a 1 x 3-bedroom 

unit with a dwelling unit factor of 4.02. 

The preferred density for the subject site is the equivalent of 3.04 x 2-bedroom units. The 

applicable regulatory provisions are contained in Element 2, Performance Criteria P2 of the 

Code for Low Rise Multi Unit Residential Premises which stipulates that “the number of 

dwelling and/or rooming units developed on the site must be consistent with the desired 

character of the precinct in which it is situated, and the site’s physical conditions, 

environmental characteristics setting and infrastructure provision”. 

Despite the proposal exceeding the preferred dwelling unit factor by one, 2-bedroom unit, it is 

considered to comply with Performance Criteria P2 for the following reasons: 

• The proposal is consistent with the desired character and Precinct Intent which 

encourages mixed use developments; 

• The proposal’s density is consistent with the two existing low-rise, multi-storey, 

residential developments (Anchorage & Bindaree Mooloolaba) adjoining the site to 

the south-west, both of which exceed the dwelling unit factor specified within the 

precinct. Bindaree Mooloolaba has 6 x 3-bedroom units and 2 x 2-bedroom units and 

exceeds the dwelling unit factor by 1.9 two-bedroom units. The Anchorage 

Page 102


comprises of 9 units but was constructed ‘as of right’ under the 1985 Planning 

Scheme; 

• The proposal would have a lesser impact on the amenity of the adjacent residential 

uses than a complying, code-assessable, 3-storey commercial development that 

could be built to the front boundary up to a height of 12m; 

• The building design satisfies the code requirements relating to gross floor area, plot 

ratio, building height, landscaping, open space and parking provisions; 

• The site is within close proximity of the Mooloolaba Town Centre and is regularly 

serviced by public transport facilities; and 

• The proposed private open space on the ground floor consists of 14m 2 and the 

second floor unit comprises 44m 2 . Units on the first floor contain private open space 

of 45m 2 for Unit 1 and 41m 2 for Unit 2. 

The proposal is consistent with the desired character and intent of the Precinct and complies 

with the overall height requirement in both metres and storeys (12 metres/3 storeys). The 

desired intent acknowledges that properties close to the canals will be developed in the 

future and that future development should improve the identity and amenity of the precinct 

and reinforce its dual role as a local centre and a significant place of employment and 

services. 

Although the proposal exceeds the desired dwelling unit factor by one, additional, 2-bedroom 

unit, there is sufficient space on the property to provide the associated parking and open 

space requirements for the future unit owners. Furthermore, the proposal’s orientation, 

architectural style and landscaping are also consistent with the precinct intent. The building 

is designed to respond to the climate with the provision of generous balconies overlooking 

the canal and nearby public park while also maintaining the privacy of adjoining residences. 

Setbacks 

Element 3, Performance Criteria P1 stipulates that “the premises must be sited and designed 

taking into account its relationship with adjoining premises, as well as the contextual 

relationship with the street and locality which establish the overall setting of the site, including 

the location and amenity of adjacent buildings and sites; streetscape character and context; 

and views and vistas”. 

The scheme nominates preferred setbacks for the Town Centre Frame precinct in the Code 

for Low Rise Multi-unit Residential Premises and the Code for Mixed Use Premises. The 

table below compares the proposal with the setbacks required: 

Boundary Setback required (m) 

under Maroochy Plan 2000 

Front (Southern) Zero setback for commercial 

uses on the ground floor 

6m for residential uses 

Setback Proposed (m) 

Ground floor – 2.2m to the studio unit 

First floor - 8m to building face with the 

exception of the balconies to the front 

boundary over the commercial tenancy 

Second floor – 8m to the building face, 

6m to the front balcony and 5m to the 

building (roof) overhang 

Medical Centre 

Zero setback to the front boundary 

Page 103


Boundary Setback required (m) 

under Maroochy Plan 2000 

Side & Rear Residential 

Setbacks 1.5m where a height of 4.5m 

or less 

2m where the height is 

greater then 4.5m but no 

more than 7.5m 

3m for a height between 

7.5m and 12m 

Commercial 

No side and rear setbacks 

nominated 

Setback Proposed (m) 

Eastern Side 

Ground floor - 1m at lobby, 2m for the 

medical centre and 3m for the remainder 

of the floor 

First floor - 2m 

Second floor - 3m 

Western Side 

Ground floor - 3.6m to the western wall of 

the studio unit 

First floor - 2m to the western side of unit 

1, and approximately 4.6m to the first floor 

balcony of unit 1 

Second floor - 2m to the study wall of unit 

3, and 3m for the remainder of the floor 

Northern Side (Rear) 

6.3m to the rear balcony of the first and 

second floor units 

With respect to the building setback for the residential component to Bindaree Crescent, 

Acceptable Measure A1.3 of the Code for Low-rise Multi-unit Residential Premises specifies 

a setback of 6m or a setback equal to the average of the setback of the adjoining buildings, 

provided the road frontage setback is not less than 3.0 metres. 

The average front setback of existing premises on Bindaree Crescent is 5 metres. Setbacks 

of existing development within Bindaree Crescent range from zero (commercial premises 

located north of the subject site) to 8m (multi-unit developments also north of the site). The 

existing dwelling adjoining the site to the south comprises a 2.5m setback to the front 

boundary. In this case, the minimum residential front setback allowed by Acceptable 

Measure A1.3 for a residential unit is 5m. The ground floor of the building has a 2.2m front 

setback to the main building face of the residential component of the development and a zero 

front setback to the medical centre component. The main building face of the first floor is set 

back 8m from the front property boundary, with the exception of the solid divider wall 

between the balconies at first floor level which will be conditioned to be no greater than 

balustrade height within the 5m front setback. 

While the first floor balconies are located in the required front setback, they will have minimal 

impact on the views and vistas or amenity of adjacent premises when compared to a roof of 

the medical centre at the same code complying height. Therefore, it is considered 

acceptable that the balconies can be located within the 6 metre front setback on the first 

floor, provided they incorporate external glass balustrading and no solid walls (with the 

exception of the dividing wall at the standard balustrade height). To improve the visual 

amenity of this balcony design element, conditions are recommended which will require a 

minimum 2 metre landscaping be provided at the front of the first floor balconies to soften the 

visual impact of the building on the street and provide greater visual interest. 

The proposal plans show the ground floor lobby being set back approximately 1m from the 

eastern boundary, contrary to Acceptable Measure A1.4, which requires a side setback of 

1.5m. The proposal provides a setback of 2 metres to the side boundaries for the remainder 

of the ground floor and a setback of 3 metres to the first and second floors. 

Page 104


The reduced side setback of the lobby is a small part of the overall elevation of the building 

and the building generally complies with P1 in terms of side setbacks despite this minor noncompliance 

with the Acceptable Measure. 

Visual Amenity 

Element 3, Performance Criteria P1 of the Code for Low Rise Multi-unit residential premises 

requires “that premises must be sited and designed taking into account their relationship with 

adjoining premises, as well as the contextual relationship with the street and locality which 

establish the overall setting of the site”. 

Due to the proposed building projecting further forward than the adjoining premises, the solid 

dividing wall between the two balconies (private open space) at first floor and the solid 

balustrades of these balconies will obstruct the views of the adjoining multi-unit premises to 

the west, contrary to P1. 

To ensure compliance with Element 3, Performance Criteria P1 of the Code for Low Rise 

Multi-unit Residential Premises, conditions are recommended that will require the applicant 

to: 

• replace the solid balustrades of the first floor balconies with glass; 

• the solid dividing wall between the two balconies above the maximum balustrade 

height at first floor level must be set back a minimum of 5m from the front boundary. 

The remainder of the dividing wall is to have a height no greater than the maximum 

balustrade height; 

• a minimum 2 metre wide landscaping bed must be established at the front of the 

balconies at the first floor level; and 

• temporary shade structures are not permitted on the front balconies at the first floor. 

Casual Surveillance 

Performance Criteria P2 of the Design Code for Community Safety and Security requires that 

buildings must be designed to overlook areas which are accessible to the public. 

Public entry to the medical centre and the ground floor lobby of the units is proposed via a 

pathway along the eastern boundary of the site. There are no windows which overlook this 

pathway at present. To ensure compliance with P2 of the Design Code for Community Safety 

and Security, a condition is recommended which will require the building wall of the eastern 

side (medical centre) to include 40% glazing to assist with improved solar access and assist 

in perceived building bulk reduction. 

Lively and Interesting Frontages to Urban Spaces 

Element 2, Performance Criteria P2 of the Code for Town and Village Centres requires that 

development must be developed in a way which enliven and enrich the experience of people 

using Centres. 

Given that the ground floor of the proposed building projects further forward than any 

adjoining building in the street, its side facades will be highly prominent within the 

streetscape of Bindaree Crescent. The western elevation of the ground floor of the building 

currently consists of a blank concrete wall which is contrary to Element 2 P2 of the Code for 

Town and Village Centre. In order to ensure compliance with P2, it is recommended that this 

wall be amended to be a rock clad feature wall to improve visual amenity and appearance 

from Bindaree Crescent. 

Page 105


Landscaping 

Acceptable Measure A1 of the Code for Landscaping Design requires that landscaping shall 

be sited and designed to respond appropriately to site specific conditions in accordance with 

an approved Landscape plan which demonstrates the proposals satisfaction of the 

performance criterion. 

A total of 230m 2 of landscaped area or 37.8% of the site (in accordance with the definition in 

volume 1 of Maroochy Plan 2000) is proposed. Landscaping is proposed to screen all walls 

within close proximity of adjoining properties and soften building appearance. A planting bed 

of a minimum 1 metre width is proposed down both the eastern and western property 

boundaries in accordance with the Code. A 2 metre wide landscaping buffer will also be 

conditioned along the front of the first floor balconies. Landscaping details, include planting 

species and densities will be confirmed at the operational works application stage. Overall, 

sufficient areas of landscaping are proposed in appropriate locations on the site in 

accordance requirements of the code. 

Private Open Space 

Element 4 – A1.2 of the Code for Mixed Use Premises requires that private open space at 

ground level have a total minimum area of 25m 2 with no dimension less than 3m. 

The proposed ground floor unit provides a total of 14m 2 of private open space (8m 2 at the 

front and 6m 2 at the rear), contrary to the requirements of the QRDG. 

Element 4 – Performance Criteria P1 of the Code for Mixed Use Premises Private stipulates 

that open space must be provided for each dwelling unit (or potential dwelling unit) to suit 

expected user needs by: 

• being clearly defined or private use; 

• being directly accessible from a main living area; 

• having dimensions capable of accommodating a variety of domestic outdoor 

recreational activities; and 

• addressing privacy, outlook and maximum year round use. 

Despite the non compliance with A1.2, the ground floor studio unit satisfies P1, by: 

• being an area clearly defined for private use; 

• being directly accessible from a main living area of the unit; 

• having dimensions capable of accommodating a variety of domestic outdoor 

recreational activities; 

• addressing privacy, outlook and maximum year round use; and 

• the unit is located directly opposite the open space provided along the Bindaree 

Crescent canal. 

Parking and Access Width 

The proposal provides 8 parking spaces; 2 for the medical centre use, 5 for the residential 

units and 1 disabled space, and is consistent with the requirements of Schedule 2 of the 

Code for Transport Traffic and Parking. Schedule 2 of the Code for Transport Traffic and 

Parking requires service vehicle provision to be made for regular (street) Small Rigid Vehicle 

access and occasional Long Rigid Vehicle access. The proposal does not provide for on-site 

service vehicle access. 

Page 106


This is considered acceptable given the small scale of the medical centre, the availability of 

on-street space for service vehicles and the small number of residential units proposed. 

The proposed 1-way driveway will be conditioned to meet the requirements of Australian 

Standards AS2890.1. While the driveway has a minimum width of 3.6m through the site, it is 

recommended that it be conditioned to taper out to a width of 5.5m where it meets the kerb 

and channel to allow vehicles to pass on the driveway crossover. 

In order to ensure that pedestrian safety is maintained, a condition is recommended which 

will require the removal of the wall between the driveway at the stairs to the front entrance of 

the studio unit to provide a line of sight to the east for vehicles exiting the driveway. 

REFERRALS 



• Infrastructure 

• Maroochy Water Services 

• Environment 

• Hydrology and Hydraulics 

• Landscaping 





SUBMISSIONS 

The application was publicly notified in accordance with the requirements of the Sustainable 

Planning Act 2009. 31 properly made submissions and no not properly made submissions 

were received. 


Issues 

Planning and Precinct Intent 

The development exceeds the 

dwelling unit factor and is 

considered to adversely affect 

the residential amenity of the 

area. 

Landscaped and Recreation 

Areas 

Unacceptable level of 

landscaped and recreation area 

highlights the overdevelopment 

of the site. The intent of this 

performance Criteria is to 

Comments 

As discussed the proposal exceeds the preferred dwelling 

unit factor identified in the Precinct Intent by one 2- 

bedroom unit. The design of the proposal demonstrates 

that a slight increase in density will have no impact on the 

amenity of the adjoining premises. 

The development proposes 37.8% of the site as 

landscaped and recreation areas in accordance with 

Acceptable Measure A3 of the Code for Low Rise Multi 

Dwelling Unit Residential premises. The planning scheme 

definition of Landscaped Areas allows the inclusion of 

balconies and private open space in the calculation. 

Page 107


Issues 

establish landscape and 

recreation areas at the ground 

floor. Private balconies and 

landscaping on first floor should 

be removed from applicant’s 

calculation. 

Landscaped and recreation 

areas on the ground floor 

should be increased to a 

minimum of 30% of the site 

area. 

Building Siting and Design 

The proposed front boundary 

building setbacks are 

inconsistent with the adjoining 

premises and the wider 

Bindaree Crescent streetscape, 

and should be increased to a 

minimum 6 metres. 

Southern side boundary 

includes support columns and 

cable trellises built to the 

boundary. Setbacks are taken 

from the outermost projection of 

the building or structure. 

Setbacks should comply with 

A1.4 of the Code for Low-rise 

residential premises. The use 

of the trellises may encourage 

unlawful access to the buildings 

which is inconsistent with P14 

of the Design Code for 

Community Safety and 

Security. 

Medical Centre Design 

The applicant’s redesign of the 

ground floor creates 

concealment opportunities and 

presents a shop-like frontage 

which is inconsistent with the 

residential streetscape. The 

proposed medical centre has its 

building entrance located 

approximately nine (9) metres 

from the property boundary 

which is inconsistent with P4, 

P5, P11 & P13 of the Design 

Comments 

The Code for Town and Village Centres allows for the 

medical centre component of the development to 

incorporate a zero front boundary setback. 

The residential component will be set back by more than 

6m above ground level and conditions will be imposed to 

remove the privacy screen within the front setback above 

the commercial tenancy to ensure the provision of 

additional landscaped design elements to reduce the 

visual impact of the development. 

The reduced front setback of the ground floor studio unit is 

justified by the fact that it is physically integrated with the 

proposed medical centre, which includes a compliant zero 

front setback. 

The proposed setbacks satisfy the performance criteria 

and will not impact on the amenity of adjoining premises. 

The proposed trellis features enable the provision of a 

sufficiently wide driveway and provides additional shading 

and visual interest. The structures are light weight and 

have minimal bulk. 

The potential for unlawful access is unlikely over these 

overhead horizontal wires as they are suspended from the 

support beams at ground level. 

While Bindaree Crescent is predominantly residential in 

character, it is located in a precinct in which commercial 

development on active street frontages exists and is 

encouraged. Conditions are recommended to ensure 

appropriate lighting and casual surveillance will exist 

around the eastern side of the medical centre to ensure it 

does not provide concealment opportunities. 

Landscaping will screen the impacts of the built form. The 

medical centre use is only intended for a small private 

practice with minimal potential (due to the size) for large 

numbers of customers. 

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Issues 

Code for Community Safety 

and Security. The orientation of 

the medical centre encourages 

pedestrian movements along 

the side boundary and through 

the development site. 

Building Lobby 

The building lobby is 

approximately 23m from the 

front boundary and is accessed 

either by the carpark or side 

pathway. This reduces the 

sites’ opportunities for casual 

surveillance, and is not obvious 

or easily identifiable from the 

street, conflicting with P4, P11 

& P13 of the Code for 

Community and Safety and 

Security 

Mailboxes are at the lobby 

entrance, being unclear and 

unsuitable for Australia Post 

access and manoeuvrability. 

Private Open Space 

The Acceptable Measures of 

the Code for Mixed Use 

Premises within Maroochy Plan 

requires secure and 

conveniently accessible private 

open space for each dwelling 

unit, having a minimum area of 

25m 2 where at the ground floor, 

with no dimension less than 

3m. 

The ground floor studio unit has 

a private courtyard with an area 

less than 10m 2 , and a minimum 

width of 2 metres. This is an 

unacceptable outcome, 

particularly given the courtyard 

is adjoined by a car park and 

hardstand areas, and should be 

increased to comply. 

Landscaping 

The building should be set back 

from the front boundary to allow 

feature landscaping along the 

property frontage. There is an 

existing mature gum tree along 

the property's front boundary 

which adds to the natural 

landscape qualities of the area, 

particularly the adjoining open 

Comments 

Conditions are recommended to ensure the windows in 

the eastern elevation of the medical centre remain clear or 

unglazed, therefore, allowing for casual surveillance down 

the eastern side boundary. Further, conditions are 

recommended to ensure sufficient lighting and additional 

glazing to the medical centre is provided for the pathway 

along the eastern boundary of the site. 

Conditions are recommended to relocate the mailbox 

structure to the front property boundary for ease of access 

by Australia Post. 

The ground floor studio unit does not comply with the 

acceptable measures of the Code for Mixed Use Premises 

in relation to private open space. However, it is considered 

to comply with the associated Performance Criteria for the 

following reasons:- 

• being an area clearly defined for private use, 

• being directly accessible from a main living area of the 

unit, 

• having dimensions capable of accommodating a 

variety of domestic outdoor recreational activities; 

• addressing privacy, outlook and maximum year round 

use; and 

• the unit is located directly opposite the open space 

provided along the Bindaree Crescent canal. 

Conditions are recommended to ensure that a 2m wide 

dense landscaping buffer is provided at first floor level 

along the street frontage. The existing tree at the front of 

the site is not identified as significant vegetation nor 

protected under Local Law 19, and the planning scheme 

does not provide sufficient grounds to warrant preservation 

of this tree as it would significantly reduce the size of the 

building which could be built on the site. It could also 

decline in health and pose a safety hazard following the 

works associated with the development. 

Page 109


Issues 

space and waterway reserve. 

This tree provides habitat and 

food for many of the local native 

species that inhabit the area 

and should be maintained and 

protected. By increasing the 

front building setback to comply 

with the provisions of the 

Maroochy Plan, it will allow this 

mature gum tree to be 

protected and will provide 

feature planting. 

Service Vehicle Parking 

While the proposed 

development has provided the 

minimum number of car parking 

bays spaces in accordance with 

the Code, it has not made 

provision onsite for parking of 

service vehicles. 

Increase in Traffic Generation 

Vehicle traffic and on-street 

parking is an existing issue in 

Bindaree Crescent, which will 

be exacerbated by the 

proposed development. 

Access to Brisbane Road at the 

northern end of Bindaree 

Crescent, is restricted to left in/ 

left out, and can be very difficult 

during peak times. While it is 

acknowledged that any 

redevelopment of the subject 

site will add to the traffic 

impacts, the proposed density 

should be consistent with the 

provisions of the Maroochy 

Plan 2000. 

Comments 

A service vehicle bay is not required for this small scale 

commercial premise. These matters are further discussed 

in the assessment section of this report. 

The proposal provides the required on site parking spaces. 

The increase in density is minor in nature and within the 

acceptable design parameters of the site. 

CONCLUSION 

This proposal is an integrated, mixed-use development providing a range of housing types 

and a commercial tenancy allowing an opportunity in the health and wellbeing sector of the 

economy for a small scale operator. The design of the building (as conditioned) successfully 

integrates both residential and commercial uses into a restrictive site and will be respectful of 

the surroundings and minimise potential amenity impacts. The design elements satisfy the 

performance criteria of all applicable Codes. The proposed use is identified as a preferred 

and acceptable use for the precinct in which it is situated and is consistent with the precinct 

intent. 

The application is recommended for approval. 

Page 110



Development Application Number MCU10/2015 





• Development Permit for Material Change of Use of Premises (Medical Centre, 

Multiple Dwelling Units) 


The relevant period of this Development Permit is 4 years from the date that this 

Development Permit takes effect. 



conditions: 

GENERAL 

1 The applicant must comply with all of the conditions of this Development Permit for a 

Material Change of Use (Medical Centre, Multiple Dwelling Units) prior to the 

commencement of use, unless otherwise stated 

2 The applicant must undertake the development generally in accordance with the 

approved plans and approved documents (subject to the required amendments) and 

Maroochy Plan 2000 

3 Site development works including earthworks, roadworks, stormwater drainage, water 

supply and sewerage infrastructure, electrical reticulation, lighting, landscaping, 

revegetation and other relevant services must be designed and constructed in 

accordance with the Codes and Policies of the Maroochy Plan 2000 unless 

specifically directed otherwise in the conditions contained herein 

4 The applicant must comply with all of the conditions of this Development Permit for a 

Material Change of Use of premises prior to the commencement of use, unless 

otherwise stated 

5 The currency period of this Development Permit is 4 years 

APPROVED USE 

6 The approved development is Medical Centre (35m 2 ) and Multiple Dwelling Units (1 x 

1 bedroom unit, 2 x 2 bedroom units and 1 x 3 bedroom unit) in accordance with the 

definitions within Maroochy Plan 2000 

AMENDMENTS TO APPROVED PLANS AND DOCUMENTS 

7 The applicant must, prior to lodgement of a Building Work application, provide to 

Council amended plans and documents which incorporate the amendments listed 

within this Decision Notice 

Page 111


INFRASTRUCTURE CONTRIBUTIONS 

8 The applicant must pay contributions towards trunk infrastructure in accordance with 

the following Planning Scheme Policies: 

(a) Planning Scheme Policy DC2 - Provision of Bikeways and Bicycle Facilities; 

(b) Planning Scheme Policy DC3 - Roads Infrastructure; 

(c) Planning Scheme Policy DC4 - Stormwater Quality; 

(d) Planning Scheme Policy DC5 - Public Parks Infrastructure; 

(e) Planning Scheme Policy DC6 - Land for Community Facilities; 

(f) Planning Scheme Policy DCA – Administration. 

For Material Change of Use of premises approvals the contributions must be paid prior 

to the commencement of use. 

The actual amount of the contribution must be calculated and paid in accordance with 

the Planning Scheme Policies and variations due to indexation current at the time of 

payment. 

FUTURE COMMUNITY TITLES SCHEME 

9 The applicant must ensure that the following are provided prior to the commencement 

of use: 

(a) 

A letterbox for each unit and one for the Body Corporate clearly marked with 

the street and unit number. The letterbox structure must be located within the 

property at the front boundary and integrated with the proposed landscaping 

(b) Clothes drying areas and facilities for each unit (external clothes drying areas 

must not be visible from the road) 

(c) Separate electricity meters for each unit 

10 Prior to Council’s endorsement of any Community Titles Scheme in relation to the 

subject land, all Council donated infrastructure required by this approval, and as 

defined in conditions contained herein, must be completed and have been accepted 

‘On Maintenance’ in accordance with Council’s Planning Scheme Policy No. 5 - 

Operational Works 

UTILITIES 

11 The applicant is responsible for the alteration, relocation or re-instatement of public 

utility services, stormwater drainage structures, driveways, landscaping and other 

features affected by the development works. Any alterations or repairs of existing 

infrastructure required as a result of the development are to be completed at no 

expense to Council or the service provider 

12 The applicant must ensure the development site is connected to supply in 

accordance with Planning Scheme Policy No.5 – Operational Works and must be 

designed by a Registered Professional Engineer of Queensland (RPEQ) experienced 

in electrical reticulation engineering 

COMMUNITY SAFETY AND SECURITY 

13 The applicant must amend the plans to replace the solid building facade of the 

eastern side (Medical Centre) with glass or clear glazed windows 

14 The proposed pathway along the eastern boundary of the site must be adequately lit 

at night to prevent concealment opportunities 

VISUAL AMENITY 

15 The applicant must amend the plans in accordance with the following requirements: 

(a) Replace the solid balustrades of the first floor balconies with glass 

(b) The solid dividing wall between the two balconies above the maximum 

balustrade height at first floor level must be set back a minimum of 5m from 

the front boundary. The remainder of the dividing wall is to have a height no 

greater than the maximum balustrade height 

Page 112


(c) A minimum 2 metre wide landscaping bed must be established at the front of 

the balconies at the first floor level 

(d) The building wall of the medical centre (eastern side) must include 40% 

glazing 

(e) The building wall of the ground level studio unit (western side) must consist of 

rock cladding 

(f) A minimum 1 metre wide landscaping bed must be established on the eastern 

side of the lobby on the ground level 

16 Temporary shade structures are not permitted on the front balconies at the first level 

EXCAVATION & FILLING 

Retaining Walls 

17 Structural design certification is to be provided for all retaining walls by an 

experienced and qualified civil engineer 

18 All retaining walls are to be designed and constructed in accordance with the 

requirements of Council’s Planning Scheme Policy No. 5 – Operational Works 

CONSTRUCTION & TRAFFIC MANAGEMENT PLAN 

19 A Construction and Traffic Management Plan must be submitted and approved prior 

to any works commencing on the site in accordance with Section 6 of Planning 

Scheme Policy No. 5 - Operational Works. The Construction Management Plan must 

specifically address the requirements defined in Section 6.1.1 of this policy as well as 

the following: 

(a) Traffic Management during all aspects of the construct phase including; 

(i) A Traffic Management Control Plan in accordance with Manual of 

Uniform Traffic Control Devices detailing all temporary signage and 

traffic control measures prior to construction 

(ii) Maintenance of safe pedestrian access across the frontage of the site 

both during daily construction and after daily construction has ceased 

(iii) Proposed fencing to the site during the construction phase of the 

development 

(b) Identify the process for the management of construction vehicle parking 

associated with the development 

(c) Maintenance and protection of water quality and existing drainage lines 

through the construction site through the implementation of appropriate 

erosion and sediment control measures 

(d) Works programme identifying key components of the works and their 

respective durations 

(e) Establishment of a communication protocol with the general public, adjoining 

owners, emergency services and local businesses to advise of agreed 

construction times, impacts on traffic and services and other relevant issues 

(f) Identification of complaint management procedures including; 

(i) Contact details for the on-site manager 

(ii) Dispute resolution procedures 

(g) Details on the location of external fill sites/sources, the haulage route, type of 

vehicle to be utilised during filling operations and frequency of usage. NB any 

damage to the existing road system as a result of haulage operations shall be 

fully repaired at the applicant’s expense 

TRANSPORT, TRAFFIC AND PARKING 

Site Access Requirements 

20 In conjunction with an application for Operational Works, site access must be 

provided in accordance with Section 5 of Planning Scheme Policy No. 6 -Transport 

Traffic and Parking. The access shall: 

Page 113


(a) Be constructed in accordance with the physical and structural requirements of 

Council Standard Drawing IPWEAQ R-0051 (Current Version) 

(b) Have a minimum width of 5.5 metres at the kerb and channelling excluding 

flares, tapering to a width of 3.6m at the property boundary. Where possible, 

the width shall link to the adjacent southern driveway 

21 The proposed driveway and structural elements of the proposed building are to be 

designed to ensure that pedestrian sight distance is provided to meet the 

requirements of section 3.2.4 of AS2890.1:2004 

22 Provision of appropriate warning signs and devices at the site driveway at the 

property boundary to suit AS2890.1:2004 section 4.3.4 and 5.3 

23 The wall between the driveway at the stairs to the front entrance of the studio unit 

must be removed to provide a line of sight to the east for vehicles exiting the driveway 

Car Parking 

24 On-site car parking facilities must be designed and constructed in accordance with 

Section 9 of Planning Scheme Policy No. 6 - Transport Traffic and Parking. The 

layout for parking shall be generally in accordance with Sprout Architects Drawing 

10012-SD01 Revision E dated 22/12/2010 (as amended), including: 

(a) The car parking facilities must include the following: 

(i) 5 bays complying with AS2890.1 class 1A for resident – In the current 

layout these shall be car parking spaces 4 to 8 

(ii) 1 disabled bay complying with AS2890.6:2009 – In the current layout 

this shall be car parking space 3 and the adjacent shared zone 

(iii) 2 bays with a minimum width as defined in the current layout to cater 

for short term parking for visitor use and the medical centre – In the 

current layout this shall be car parking spaces 1 and 2. The bays shall 

remain as common property in the ownership of the body corporate 

(b) Car parking spaces and access driveways are sealed and line-marked 

(c) The car parking areas and access driveways shall be maintained in a tidy, 

proper and safe condition at all times 

(d) Short term visitor and medical centre parking is to be signed for car park 1 and 

2 

(e) Modification of the width for car park spaces 3 to 8 to provide a minimum 

(f) 

width of 2.7m for the shared zone 

The Shared Zone adjacent car park 3 is to be established to allow for the 

majority of the bay to be used for a turning bay. The bollard required as part 

of the disabled bay establishment will need to be located accordingly. 

Specific design for this zone and adjacent bay 3 shall be verified as part of the 

development’s Operational Works application 

Any change in use of the site from that authorised herein will necessitate a 

recalculation of car parking requirements 

25 Vertical clearances from any point on the floor level to the immediate underside of the 

lowest obstruction above that point must be provided in accordance with AS2890.1 

and AS2890.6 throughout the ground level car park and for the full length of the 

access ramp 

26 As part of the Operational Works application for the development the applicant shall 

outline the measures undertaken to manage the one-way site access. Measures 

shall include, as a minimum, a visual signal must be established to indicate when a 

vehicle is exiting the site via the one-way driveway ramp 

Service Vehicle Requirements 

27 Service vehicle loading and unloading shall be limited to daylight hours between 

7:00am and 6:00pm 

Page 114


Cyclist Facilities 

28 Bicycle parking facilities must be provided in accordance with Sprout Architects 

Drawing 10012-SD01 Rev E dated 22/12/2010. The facility will need to be 

maintained as publicly accessible spaces 

MOVEMENT NETWORKS 

Frontage Works 

29 All pedestrian facilities must be designed to ensure that the requirements of AS1428 

for disability provisions have been complied with 

30 A loading zone must be established across the site frontage. Specific details are to 

be finalised as part of the development permit for Operational Works application 

WATER SENSITIVE URBAN DESIGN 

31 The development must be provided with a Stormwater Quality Improvement Device 

treatment train that is planned, designed and constructed in accordance with 

Council’s Development Design Planning Scheme Policy, the Water Sensitive Urban 

Design Technical Design Guidelines for South East Queensland (Healthy Waterways, 

2006) 

32 In conjunction with the submission for an application for Operational Works approval, 

a Stormwater Management Plan with detailed engineering drawings and supporting 

calculations for each stormwater quality improvement device proposed must be 

provided. Detailed design is to be undertaken in accordance with the Water Sensitive 

Urban Design Technical Design Guidelines for South East Queensland (Healthy 

Waterways, 2006), Council’s Integrated Water Management Guidelines, and must 

address the following outstanding major issues 

33 The bio-filter component must be redesigned to include a drainage layer and 

transitional layer as described in the Healthy Waterways Construction and 

Establishment Guidelines for Vegetated Systems 

34 Overflow pits as described in the Healthy Waterways Construction and Establishment 

Guidelines for Vegetated Systems must be provided to the bioretention component 

35 To prevent lateral flow, an impermeable wall must be provided between the two 

bioretention and detention components with water directed via piping from the 

overflow pits to the infiltration system to prevent short circuiting of filtrate through 

lateral flow and subsequent leaking out of untreated water 

36 In conjunction with the submission of an application for Operational Works Approval 

for the subject site, provide and have endorsed by Council’s Delegate a detailed 

Maintenance Manual for all stormwater treatment devices proposed to be located on 

the subject site. The maintenance manual shall comply with the requirements of the 

Council’s Integrated Water Management Guidelines and the maintenance plan 

provisions of the WSUD Technical Design Guidelines for South East Queensland 

(Healthy Waterways, 2006) 

37 In conjunction with the submission of an application for Operational Works Approval, 

provide detailed drawings showing the design of the signage that must be erected to 

educate the public of the function of the bioretention device(s). The dimensions, 

standard and presentation of construction and locations of such signage must be 

detailed on the drawings 

WASH-DOWN FACILITY 

38 As part of the Operational Works (Roads and Drainage) application for the 

development, the detailed stormwater management plan to be submitted must depict 

a treatment device as deemed suitable by Unitywater’s Trade Waste Section for 

pretreatment of effluent from the wash-down bay prior to its release to sewer 

39 Waste water from wash down operations must be directed to the sewerage system 

under the conditions of a Trade Waste Permit 

Page 115


WASTE MANAGEMENT 

40 A visually screened hardstand waste storage area (for general and recyclable 

material wheelie bins) and wash-down area must be provided as shown on the 

approved plans 

41 The on-site access path to the kerbside waste container service point must provide 

for the ease of movement of the wheelie bins with unobstructed access provided to 

the service point 

ACOUSTICS 

42 Fixed plant and equipment must be enclosed or shielded with acoustically rated 

materials or positioned to ensure the equipment will not cause environmental harm to 

the occupiers of adjacent residential premises. The sound pressure levels (adjusted 

for tonality in accordance with AS 1055.1-1997 ‘Acoustics – Description and 

Measurement of Environmental Noise – General Procedures’) from plant and 

equipment must be less than the recommended internal design sound levels 

referenced in AS 2107:2000 ‘Acoustics – Recommended design sound levels and 

reverberation times for building interiors’ for ‘Houses and Apartments near minor 

roads’. The relevant levels are: 

(a) Living areas 40 dB(A) Leq 

(b) Sleeping areas 35 dB(A) Leq 

(c) Work areas 40 dB(A) Leq 

43 Plant and equipment causing intermittent time varying noise events must be enclosed 

or shielded with acoustically rated materials or positioned to ensure they will not 

cause environmental harm to the adjoining residential premises. Sound levels from 

such sources must not exceed 50 dB(A) L max at any window opening to a sleeping 

area 

OUTDOOR LIGHTING 

44 Lighting must be of the appropriate type and positioned to ensure spill and obtrusive 

light does not exceed the recommended maximum values of AS 4282-1997 ‘Control 

of the obtrusive effects of outdoor lighting’ Table 2.1 & 2.2 (level 1 control) in regard 

to surrounding residential land use 

UNITYWATER CONDITIONS 

45 Construction activities must not impede the access of Unitywater or Fire Brigade 

personnel to vital infrastructure (eg. valves, fire hydrants and sewer access 

chambers) 

46 The fire-fighting demand on Unitywater’s water supply system from the development 

must not exceed 15 litres per second 

47 A single Unitywater installed primary water meter must be provided immediately 

inside the property boundary. Additional water meters must be installed for each title 

of a community title or sub-lease scheme. Meters must be Unitywater approved, 

installed in accordance with Unitywater requirements and remain accessible at all 

times for reading and maintenance purposes 

48 Water meters must be located on alternative boundaries to electrical pillars 

49 Buildings and other structures must maintain a minimum clearance of 1.5 metres from 

Unitywater sewer mains, and 1.0 metre from sewer manhole chambers and 

inspection openings 

50 Storm water retention systems and gross pollutant traps must maintain a minimum 

clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure 

51 Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from 

Unitywater water mains and 1.5 metres from Unitywater sewerage mains. 

Landscaping plants within these clearances must be low growing when mature and 

suitable approved varieties 

Page 116


52 A 3.0 metre wide easement must be provided over all Unitywater sewers located in 

private property. Easements must be located centrally over the main 

53 The level of the existing sewer manhole must be adjusted to suit the proposed 

finished surface levels. Work must be undertaken by Unitywater at the applicant’s 

cost 

54 The proposed masonry wall crossing the Unitywater sewer main must be self 

supporting for a minimum of 1.0 metre each side of the sewer pipe and piered below 

the zone of influence of the sewer 

55 Construction works undertaken in the vicinity of Unitywater water supply or sewerage 

infrastructure must not adversely affect the integrity of the infrastructure. All costs 


applicant 




The approved plans for this development approval are listed in the following tables: 

APPROVED PLANS 


10012 SD02 C Second Floor and Roof Plans, drawn by MS 

of Sprout Architecture 

22.12.10 

PLANS REQUIRING AMENDMENT 


10012 SD00 C Site Plan, drawn by MS of Sprout 22.12.10 

Architecture 

Amendments 1 The solid dividing wall between the two balconies above the 

maximum balustrade height at first floor level must be 

setback a minimum of 5m from the front boundary. The 

remainder of the dividing wall is to have a height no greater 

than the maximum balustrade height 

2 A minimum 2 metre wide landscaping bed must be 

established at the front of the balconies at the first floor level 


10012 SD01 E Ground Floor and First Floor Plans, drawn 22.12.10 

by MS of Sprout Architecture 

Amendments 1 Replace the solid balustrades of the first floor balconies 

with glass; 

2 The solid dividing wall between the two balconies above 

the maximum balustrade height at first floor level must be 


remainder of the dividing wall is to have a height no 

greater than the maximum balustrade height 


established at the front of the balconies at the first level 


10012 SD03 D Elevations, drawn by MS of Sprout 22.12.10 

Page 117



Architecture 

Amendments 1 Replace the solid balustrades of the first floor balconies with 

glass; 

2 The solid dividing wall between the two balconies above the 

maximum balustrade height at first floor level must be set 

back a minimum of 5m from the front boundary. The 




established at the front of the balconies at the first level 

4 The building wall of the medical centre (eastern side) must 

include 40% glazing; 

5 The building wall of the ground level studio unit (western 

side) must consist of rock cladding; and 


established on the eastern side of the lobby on the ground 

level 


10012 SD04 D Sections, drawn by MS of Sprout 22.12.10 

Architecture 

Amendments 1 Replace the solid balustrades of the first floor balconies with 

glass; 

2 The solid dividing wall between the two balconies above the 

maximum balustrade height at first floor level must be 





established at the front of the balconies at the first level; and 

4 The building wall of the ground level studio unit (western 

side) must consist of rock cladding 


Drawing No. B Stormwater Management Plan – Job Ref No 01.10.10 

MODEL 

SC2650, Drawn by SFD, August 2010 

Amendments 1 The bio-filter component must be amended to include a 

drainage layer and transitional layer as described in the 

Healthy Waterways Construction and Establishment 

Guidelines for Vegetated Systems 

2 Overflow pits as described in the Healthy Waterways 

Construction and Establishment Guidelines for Vegetated 

Systems must be provided to the bioretention component 

3 To prevent lateral flow, an impermeable wall must be 

provided between the bioretention and detention/infiltration 

components. Water that exceeds the extended detention 

depth needs to be directed via piping from the overflow pits to 

the infiltration system to prevent short circuiting of filtrate 

through lateral flow and subsequent leaking out of untreated 

water 

Page 118



These Advisory Notes do not form part of this approval or the conditions attached thereto. 

The following Advisory Notes are intended to provide guidance to the applicant where 

necessary and inform the applicant of actions that Council may take with respect to the 

development site or the approval: 

Infrastructure Contributions 

(a) An advice notice outlining the estimated infrastructure contributions payable and the 

basis for their calculation under the current Planning Scheme Policies is attached with 

this Development Permit. 

(b) For properties located in the catchment area for Unitywater’s “SEQ Infrastructure 

Charges Schedule (Water Supply & Wastewater)”, this development permit may trigger 

an Infrastructure Charge (if applicable) to be issued in accordance with the 

Infrastructure Charges Schedule and the “Sustainable Planning Act 2009". 

(c) Please contact Council's Infrastructure Charges Officer (email: 

icinfo@sunshinecoast.qld.gov.au) a minimum of 5 business days prior to payment of 

the infrastructure contributions so a payment advice detailing the amounts applicable at 

the time of payment may be issued to accompany the payment. 

(d) Payment of infrastructure contributions and charges will not be accepted by credit card 

transaction. 

Water Meters 

(e) As of 1 January 2008, sub-metering of new multi-unit residential and non-residential 

premises is a mandatory requirement under the Queensland Development Code 

(QDC). Refer to the following website for more information – 

http://www.lgp.qld.gov.au/planning/?id=7035 

Unitywater 

(f) 

Connection to Unitywater live water mains must be undertaken by Unitywater at the 

applicant’s cost. 

(g) A 100mm diameter AC watermain is located within the road boundary fronting the 

development site in Bindaree Crescent. Construction works, heavy traffic crossing the 

main, excessive vibration and excavation close to the main may cause damage to the 

pipe. Extreme care is required when working close to this infrastructure. All costs 


applicant. 

Integrated Water Management 

(h) The development is required to be provided with stormwater quality improvement 

devices and stormwater harvesting devices, in accordance with the approved plans, in 

order to demonstrate compliance with the Stormwater Management Code. Therefore, 

the approval of the hydraulics plans as part of this development permit extends only to 

the stormwater quality and stormwater harvesting/re-use concept of the design but not 

the detailed plumbing and drainage design included in those plans. Those aspects will 

require further approval at the time a building application is submitted for approval of 

plumbing and drainage works. 

(i) Internal water and sewer design drawings lodged with this application are not 

approved. A development permit for plumbing and drainage works must be obtained 

from Council’s Building Services and Plumbing Services Branches in relation to these 

works. 

(j) To assist Council to undertake an integrated assessment of the operational works 

application, all aspects of the works should be included in 1 application. 

Page 119


(k) 

Rainwater reuse has been conceptually assessed as part of this application in the 

context of determining compliance with the Code for Integrated Water Management. 

The Queensland Development Code (MP 4.2) specifies Water Saving Targets which 

will also apply to this development. Assessment against the Queensland Development 

Code has not been undertaken as part of this operational works application. As part of 

the further approvals for this site compliance with the Queensland Development Code 

(MP 4.2) is likely to be required. Where the requirements of the Queensland 

Development Code and the conditions of this approval are inconsistent then the most 

stringent requirements (ie. greatest rainwater storage volume, greatest number of reuse 

fixtures) should take precedence in order to ensure that the intent of both this approval 

and the Queensland Development Code are complied with. 

Supporting Information for an Operational Works Application 

(l) Operational Works applications are occasionally lodged with the Sunshine Coast 

Regional Council not containing supporting information such as: 

(a) Construction & Traffic Management Plan 

(b) Integrated Water Management Plan 

(c) Engineering Certification (Generally to format within Appendix A of Planning 

Scheme Policy 5) 

(d) Erosion and Sediment Control Plans, including E&SC Certification 

(e) Detail for the payment of Q-Leave 

It is in the interests of the applicant to assess the requirements of the Material Change 

of Use approval, refer to the requirements of the Planning Scheme and submit an 

Operational Works application which includes all the information required by Council. 

Section 2.1 of Planning Scheme Policy No.5 - Operational Works should be used as a 

checklist to ensure the best supporting information for the submission of an Operational 

Works application. 

This will reduce the likelihood of a Further Information Request being issued for the 

Operational Works and in turn likely reduce the timeframe for the assessment to be 

completed. 

Q-Leave 

(m) From 1 January 2000, the Building and Construction Industry (Portable Long Service 

Leave) Levy must be paid prior to the issue of a development permit where one is 

required for the 'Building and Construction Industry'. This applies to Building Works, 

Operational Works and Plumbing and Drainage Works applications, as defined under 

the Sustainable Planning Act 2009, where the works are $80,000 or more and matching 

the definition of 'Building and Construction Industry' under the Building and 

Construction Industry (Portable Long Service Leave) Act 1991. 

Council will not be able to issue a Decision Notice without receipt of details that the 

Levy has been paid. Should you require clarification in regard to the amendments to 

the Building and Construction Industry (Portable Long Service Leave) Act 1991, you 

should contact QLeave on 1800 803 481 (free call) or (07) 3212 6855 

Equitable Access And Facilities 

(n) The plans for the proposed building work have NOT been assessed for compliance with 

the requirements of the Building Code of Australia – Part D3 as they relate to people 

with disabilities. Your attention is also directed to the fact that in addition to the 

requirements of the Building Code of Australia – Part D3 as they relate to people with 

disabilities, one or both of the following may impact on the proposed building work: 

(a) The Disability Discrimination Act 1992 (Commonwealth) 

(b) Anti-Discrimination Act 1991 (Queensland) 

Page 120


Sunshine Coast Regional Council recommends that the following matters be 

considered to address equitable access and facilities in the building: 

(a) The building and environs should be designed to meet the requirements of the 

Human Rights and Equal Opportunity Commission “Advisory Notes on Access 

to Premises” and AS 1428.2 

(b) Applicants should be aware that a “Disability Standard on Access to premises” 

is currently being developed and most likely will impose changes on the 

Building Code of Australia 

(c) Any services and facilities in the building complex should allow independent, 

dignified and equitable use of the services and facilities for all people. 

Aboriginal Cultural Heritage Act 2003 

(o) There may be a requirement to establish a Cultural Heritage Management Plan and/or 

obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003. 

The ACH Act establishes a cultural heritage duty of care which provides that: “A 

person who carries out an activity must take all reasonable and practicable measures 

to ensure the activity does not harm Aboriginal cultural heritage.” It is an offence to fail 

to comply with the duty of care. Substantial monetary penalties may apply to 

individuals or corporations breaching this duty of care. Injunctions may also be issued 

by the Land and Resources Tribunal, and the Minister administering the Act can also 

issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural 

heritage or the cultural heritage value of Aboriginal cultural heritage. 




The following property record notation applies to the development site: 

1 The development of this site has been approved subject to ongoing compliance with 

specific Stormwater Management performance requirements. It is the owner’s 

responsibility to maintain and manage the site to ensure that discharges from the site 

comply with the appropriate water quality standards (EPP (Water) 1997), in 

accordance with the conditions of development. Authorised personnel may, at any 

time in the future, audit the performance of the stormwater management system and 

the quality of discharges from the site to ensure compliance with the conditions of 

development. For further information or advice about the ongoing management of 

stormwater runoff from the site, please call Council’s Environment Department 

(Council reference: MCU10/2015). 




Development Permit for Operational Works (Frontage Works, Landscaping, Stormwater 

Management, Car Parking) 

Development Permit for Building Work 

Development Permit for Plumbing and Drainage Work 

Page 121



The applicant must comply with the following codes for self-assessable development related 

to this development approval: 

For Advertising Devices: 

• Code for the Siting and Design of Advertisements 





Page 122


4.1.4 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE OF 

PREMISES - PRELIMINARY APPROVAL TO OVERRIDE THE PLANNING 

SCHEME TO ESTABLISH A LOW IMPACT INDUSTRY (STRUCTURE PLANNING 

APPROVAL) OVER LOT 1 SP145632, 345 PIERCE AVENUE, BELLS CREEK 

File No: 2007/510006 

Author/Presenter: Principal Development Planner, Planning Assessment, John 

Borthwick 

Appendices: Appendix A - Conditions of approval (SPC Pg 134) 

Attachments: Att 1 - Aerial Photo (SPC Att Pg 125 ) 

Att 2 - Precinct Plan (SPC Att Pg 126) 

Att 3 - Proposed 345 Pierce Avenue Structure Plan Nov 2010 

(SPC Att Pg 127) 

Att 4 - Referral Agency Conditions (SPC Att Pg 142) 

Planning Instrument: Caloundra City Plan 2004 

Applicant: 

RC Rowley, BA Rowley 


Dillon Folker Stephens Pty Ltd 

Application Number: 2007/510006 

Division: 1 

Properly Made Date: 2 March 2007 

Information Request Date: 

Referral Coordination Department of Local 

Government Sport and Recreation issued 

Information request 10 April 2007. 

Changed Application 7 July 2010 

Department of Infrastructure and Planning 

Issued Information Request 17 November 

2010. 

Information Response Received Date: 24/11/2010 

Proposal: Preliminary Approval to Override the 

Planning Scheme to Establish a Low Impact 

Industry Development. (Structure Planning 

Approval) 


Impact 

No. of Submissions: 

Nil 


345 Pierce Ave, Bells Creek 


RPD: Lot 1 SP 145632 

SEQRP: 


Land Area: 

16,97ha 




Caloundra South 


Core Industry 


Vacant 

PURPOSE 

The purpose of this report is to seek council’s determination of an application for a 

Preliminary Approval to Override the Planning Scheme to Establish a Low Impact Industry 

(Structure Plan Approval) in accordance with Section 3.1.6 of the Integrated Planning Act. 

Page 123



The subject site is located within the Caloundra South Core Industrial Area. The applicant 

has an existing Planning and Environment Court approval for the reconfiguration of Lot 1 SP 

145632 into 20 Core Industry Lots and a Reserve for Environmental Purposes. The approved 

Core Industry lots vary in size from 1,263m² to 3,481m². The survey plan for this 

development has not been sealed and no works have occurred on the site. 

The current application seeks a Section 3.1.6 Preliminary Approval under the Integrated 

Planning Act 1997 to override the planning scheme to allow for Low Impact Industry uses to 

occur over the approved sites. Essentially, the applicant is requesting the preliminary 

approval to allow for a greater variety of business and industry uses to occur over these 

smaller lots rather than those more intensive industries permitted by the Core Industry 

designation. 

The applicant has prepared a Structure Plan and the 345 Pierce Avenue Code, which will 

guide future development on the proposed sites, as well as form the ‘Applicable Code’ for the 

assessment of future development applications. The proposed 345 Pierce Avenue Structure 

Plan also refers to the Low Impact Industry Development Assessment Table of the 

Caloundra City Plan 2004 for the relevant level of assessment and codes required for future 

land uses. 

The application was subject to the public notification process and no submissions were 

received. 



(a) grant a Preliminary Approval, for Application 2007/510006 by RC Rowley and 

BA Rowley, to Override the Planning Scheme to Establish a Low Impact 

Industry Development at 345 Pierce Ave Bells Creek, described as Lot 1 SP 

145632 subject to the conditions of approval as outlined in Appendix A; 

(b) find the following are sufficient planning grounds to justify the decision, 

despite the conflict with the Planning Scheme: 

(i) the lots have already been approved through a code assessable 

reconfiguration of a lot application process; 

(ii) 

(iii) 

(iv) 

(v) 

the application is consistent with the Desired Environmental Outcomes 

of the Caloundra City Plan 2004; 

the proposal complies substantially with the relevant codes and policies 


the proposed 345 Pierce Avenue Structure Plan and Code only changes 

the level of assessment for future development of the site, all other 

codes and policies of the Caloundra City Plan 2004, will still apply to 

future development; 

the proposed 345 Pierce Avenue Code against which all future 

development applications will be assessed upholds all the requirements 


Page 124


(vi) 

(vii) 

(viii) 

(ix) 

the proposal is consistent with the immediately adjacent Low Impact 

industry in the Caloundra Regional Business and Industry Park to the 

east and forms a natural extension of this through Claude Boyde 

Avenue; 

the proposal provides linkage through the site to the industry site to the 

west; 

the proposed Low Impact Industry uses would also be appropriate with 

the approved small lots ranging in size from 1,263m² to 3,481m²; and 

the proposal will create the opportunity for a greater range of industry 

uses to establish in the area. 


There are no financial implications associated with this application. Infrastructure 

contributions are required as a condition of the approved Reconfiguration of a Lot 

application. 2005/520055. Future development applications will be subject to infrastructure 

contributions in accordance with the Caloundra City Plan 2004 Infrastructure Contributions 

Planning Scheme Policies. 

INTRODUCTION 


The subject site is included within the Core Industry Precinct of the Caloundra South 

Planning Area Code - Caloundra City Plan 2004 (see Attachments 1 and 2). The original 

code assessable Reconfiguration of a Lot application for 21 Lots (Business and Industry) 

was submitted on 6 October 2005). That application proposed lots adjacent to Pierce 

Avenue to be ‘used for business and low impact industrial uses.’ 

Council officers in that information request pointed out that the reconfiguration application 

would not secure land use rights or protect future arrangements, other than the most basic 

Core Industry development rights. It was suggested that the most appropriate way to 

develop the controls necessary to ensure appropriate development of the site (for Business 

and Low Impact Industry) was to lodge a development application for a Preliminary Approval 

Overriding the Planning Scheme in accordance with section 3.1.6 of the Integrated Planning 

Act 1997. 

This proposal would allow for the current range of core industrial uses (currently preferred) to 

be altered as well as establish the necessary controls over future development of the site for 

low impact industry purposes. The development would also be consistent with the Low 

Impact Industry to the immediate east of the site in the Caloundra Regional Business & 

Industrial Park. The proposed development forms a natural extension of this area through 

the extension of Claude Boyde Parade. Furthermore, low impact type industry would be 

consistent with and would complement the small lots that were proposed at the time and now 

approved. 

In response, the applicant lodged the current application for a preliminary approval to run 

concurrently with the reconfiguration of a lot application appeal. The reconfiguration of a lot 

application was approved in part and then was subject to an appeal. The preliminary 

approval application was put on hold pending the outcome of the Planning and Environment 

Court Appeal (Appeal No.281 of 2007) relating to the reconfiguration of the lot on the subject 

site. The appeal was decided and the Courts final order was handed down on 15 April 2010. 

Page 125


As a result of the Court decision, a number of changes had to be made to the proposed 

structure plan for the site in order to make it consistent with the Court Order. On 7 July 2010, 

the applicant submitted a changed application prior to a decision being made which meant 

the application reverted back to the acknowledgment stage and was subject to the referral 

coordination process again. An information request was issued by the Department of 

Infrastructure and Planning on 17 November 2010 and the applicant provided a response to 

council on 24 November 2010. 


The site is located at 345 Pierce Avenue, Bells Creek. The site has an area of approximately 

16.97ha with frontage to Pierce Avenue of about 246 metres. The site is currently vacant. 

The site is recognised as holding significant vegetation. However, the proposed development 

avoids these areas. The site falls from the north to the south and contains a mix of moderate 

to gentle slopes. A tributary of Lamerough Creek traverses the site from west to east 

approximately one third of the way southwards on the site from Pierce Avenue. Parts of the 

site are subject to inundation and an extensive wetland is located predominantly to the south 

of the tributary. 


• East - The Caloundra Regional Business and Industry Park, Low Impact Industrial 

Lots; 

• South - Open Space – Conservation and Waterways; 

• West - Vacant Core Industrial Lot (Existing Application for a Truss Manufacturing 

Plant (MCU10/2062)); and 

• North – Pierce Avenue and then Park Reserve. 

Proposal 

The application is for a Preliminary Approval Overriding the Planning Scheme for a Material 

Change of Use to Establish a Low Impact Industry (Structure Plan), and proposes that 

development of the site proceed in accordance with the 345 Pierce Avenue Structure Plan 

(Attachment 3 – 345 Pierce Avenue Structure Plan and Code). 

The abovementioned component is explained in greater detail below. 

Preliminary Approval – Structure Plan – 345 Pierce Avenue 

Under the Caloundra City Plan 2004, the subject site is identified as Core Industry and a 

natural extension of the Caloundra Regional Business and Industry Park to the east. 

The 345 Pierce Avenue Structure Plan overrides the provisions of the Caloundra City Plan 

2004 to alter the current range of preferred uses (Core Industry) and establishes a set of 

measures to control the future development of the site for Low Impact Industrial uses. 

The site will be subject to the 345 Pierce Avenue Structure Plan, which has been prepared to 

satisfy the requirements of the Structure Plan Code of the Caloundra City Plan 2004 and to 

ensure that the development on the subject site integrates with that to the west (future 

industrial development) and with the Caloundra Regional Business and Industry Park to the 

east. 

Page 126


The Structure Plan does the following: 

(a) 

(b) 

(c) 

(d) 

(e) 

divides the site into three (3) separate Land Use Areas (Low Impact Industry, 

Reserve for Environmental Purposes and Drainage Reserve); 

proposes alternative Development Assessment Tables for each of these Land Use 

Areas; 

identifies a transport and circulation network for the site; 

incorporates specific measures designed to manage any potential environmental 

impacts; and 

includes a Code (345 Pierce Avenue Code), which will apply to development within 

the site and provide additional and/or alternative specific outcomes and probable 

solutions to the Caloundra City Plan 2004. 

The proposed Master Plan consists of the following: 

(i) 

345 Pierce Avenue Structure Plan 

Key Elements 

The 345 Pierce Avenue Structure Plan is applicable to all proposed development over 

the subject site. 

The Structure Plan provides additional and/or alternative planning provisions to the 

Caloundra City Plan 2004. Where any proposed development conflicts with the 

requirements of the Caloundra City Plan 2004, the Structure Plan will take 

precedence. The Structure Plan comprises the following: 

• a description of Key Elements of the Structure Plan; 

• development assessment tables; and 

• a code to control development of the subject site. 

The Site Development Plan identifies three different Land Use Areas. These include:- 

• Land Use Area 1 – Low Impact Industry 

• Land Use Area 2 - Reserve for Environmental Purposes 

• Lands Use Area 3 – Drainage Reserve 

Land Use Area 1 is intended for smaller scale low impact service and light industry 

activities (subject land currently intended for Core Industrial uses). 

Land Use Area 2 is intended to protect those parts of the site with the most 

significant ecological values which includes essential habitat and vegetation mapped 

as part of the regional Ecosystems 12.3.4 (remnant, not of concern) and 12.3.13 

(remnant, of concern). Land Use Area 2 will also provide a vegetation and habitat link 

to the conservation areas to the east and west. 

Land Use Area 3 is intended to detain and treat stormwater collected from the 

development within Land Use Area 1. Parts will used for maintenance and fire 

access. Minimal development is intended within this land use area apart from 

facilities associated with stormwater management, maintenance and fire access and 

rehabilitation works. 

Page 127


Development Assessment Tables 

The assessment categories and assessment criteria as set out in Part 4, Section 

4.2.2, Table 4.2.2 (c) Low Impact Industry Precinct of the Caloundra City Plan 2004 

will apply to Land Use Area 1. In addition to the “Applicable Codes: outlined in Part 4, 

Section 4.2.2, Table 4.2.2 (c) Low Impact Industry Precinct of the Caloundra City Plan 

2004, the 345 Pierce avenue Structure plan shall also form an “Applicable Code” for 

the assessment of future development applications. 

For Land Use Area 2 - Reserve for Environmental Purposes and Land Use Area 3 - 

Drainage Reserve, the assessment categories and assessment criteria as set out in 

Part 4, Section 4.2.2, Table 4.2.2(f) Open Space Conservation and Waterways 

Precinct of the Caloundra City Plan 2004 apply. In addition to the “Applicable Codes” 

outlined in Part 4, Section 4.2.2, Table (f) Open Space Conservation and Waterways 

Precinct of the Caloundra City Plan 2004, the 345 Pierce Avenue Code will also form 

an “Applicable Code” for assessment of future development applications. 

345 Pierce Avenue Code 

This code provides assessment criteria for development in the Structure Plan Area. It 

is intended to act as an additional code to the Caloundra City Plan 2004 and is to be 

read in conjunction with the Caloundra City Plan 2004 - Caloundra South Planning 

Area Code and Industry Code for the subject site. Where any proposed development 

conflicts with the requirements of the Caloundra City Plan 2004, the Structure Plan 

will take precedence. 

It is drafted in a similar fashion to a planning area code and contains overall 

outcomes, specific outcomes, probable solutions for code assessable development 

and acceptable solutions for self assessable development. This code is not intended 

to replace the detailed development requirements contained within the various 

“Overlay Codes”, “Use Codes” and “Other Codes” in the Planning Scheme. 

ASSESSMENT 

State Planning Policies 

The following State Planning Policies are applicable to this application: 

• SPP1-02 – Development in the Vicinity of Certain Airports and Aviation Facilities; 

• SPP1-03 – Mitigating the Adverse Impacts of Flood, Bushfire and Landslide; and 

• SPP2-02 – Planning & Managing Development Involving Acid Sulfate Soils. 

Caloundra City Plan 2004 has been drafted with regard to the provisions of the 

abovementioned State Planning Policies. The Aviation Affected Area Code, the Acid Sulfate 

Soils Code and the Flood Management Code within Caloundra City Plan 2004 are relevant to 

the development proposal and an assessment against these codes has been undertaken. 

The proposal is not impacted by these policies. Future development applications will be 

required to consider these policies. 


The subject site is included in the ‘Urban Footprint’ in the South East Queensland Regional 

Plan. The Regulatory Provisions of the Regional Plan do not apply to this development 

application. 

Page 128


Growth Management Position Paper 

The Sunshine Coast Growth Management Position Paper was prepared as a basis for a 

submission to the State government for consideration in its review of the South East 

Queensland Regional Plan 2005 - 2026. The Growth Management Position Paper is a 

summary document that confirms and modifies the draft Local Growth Management 

Strategies. Each Local Growth Management Strategy acts as a background document for 

this Position Paper. 

This document identifies the State government’s Sunshine Coast Regional Business and 

Industry Park and its extension under the draft Caloundra City Local Growth Management 

Strategy. The approach of the Position Paper is that the focus for future industrial 

development is contained within the existing enterprise and industrial areas to 2031. The 

Position Paper recommends that the South East Queensland Regional Plan 2009 – 2031 

provisions recognise opportunities on the Sunshine Coast for alternative business and 

industry activity including clean, green, innovative industries. 

This application supports that objective by allowing Low Impact Industry to occur, thus, 

providing a greater variety of business and industrial uses to establish, while utilising existing 

designated industrial land. 


Desired Environmental Outcomes 

Caloundra City Plan 2004 contains six Desired Environmental Outcomes which relate to: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

Economic Development; 

Community Life and Wellbeing; 

Natural Assets and Systems; 

Character and Identity; 

Access and Mobility; and 

Infrastructure. 

The Desired Environmental Outcomes are based on ecological sustainability as defined by 

the Integrated Planning Act 1997 and are the basis for the measures contained within 

Caloundra City Plan 2004. An assessment of the proposal against the Desired 

Environmental Outcomes finds that the proposed 345 Pierce Avenue Structure Plan is 

consistent with and complements the Desired Environmental Outcomes. 


The subject site is located in the Caloundra South Planning Area, and the Core Industry 

Precinct. 

The applicable overall outcomes of the Caloundra South Planning Area include: 

Industrial development within the Planning Area is consolidated and contained to the 

Core Industry Precinct allocated to the Caloundra Road Industrial Estate and the 

proposed Caloundra Regional Business and Industry Park south of Pierce Avenue. 

The proposed application will consolidate industrial development in the area as it forms a 

natural extension of Claude Boyd Parade. It will also allow Low Impact Industry development 

adjacent to what are already approved Low Impact Industry sites. 

The Caloundra regional business and industry park provides a modern and visually 

appealing industry park with a high level of environmental performance and design. 

Page 129


The industry park is protected from incompatible development that may adversely 

affect operations and avoids significant adverse affects on adjoining residential areas. 

Access to the industry park is supported by regular public transport services and the 

cycle pathway to Caloundra and Landsborough. 

The proposed 345 Pierce Avenue Structure Plan and Code includes Overall Outcomes, 

Specific Outcomes and Acceptable measures that will ensure that the future development of 

the lots will have a high level of environmental performance and design. In addition, the 

range of proposed uses is compatible with the adjacent Caloundra Regional Business and 

Industry Park to the east of the site. 

Development in the Planning Area implements best practice environmental 

management to achieve a high standard of water quality entering the Moreton Bay 

Marine Park and Pumicestone Passage catchment. 

This is achieved in the approved reconfiguration of a lot approval. However, the 345 Pierce 

Avenue Structure Plan and Code provides for stormwater retention and treatment areas 

within Drainage Reserve – Land Use Area 3. In addition, each individual lot will be required 

to incorporate stormwater quality improvement devices designed to meet current best 

practice reductions in mean annual pollutant load leaving the individual lot. 

Development in the Planning Area does not adversely affect the continued operation 

and viability of infrastructure. 

The proposed development will connect to the existing infrastructure network in the 

Caloundra Regional Business and Industrial Park. The decision notice for the approved 

reconfiguration of a lot includes a condition requiring infrastructure contributions to be made 

as part of that subdivision. Future development applications will be subject to infrastructure 

contributions in accordance with the Caloundra City Plan 2004 Infrastructure Contributions 

Planning Scheme Policies. 

PREFERRED AND ACCEPTABLE USES 

The preferred and acceptable uses are in currently accordance with the Precincts and Other 

Elements Code for the existing Core Industry Precinct. However, the 345 Pierce Avenue 

Structure Plan proposes assessment against the Low Impact Industry Precinct designation. 

This will allow some flexibility in types of land uses and levels of assessment for various 

business and industry uses. However, it will also make some Core Industrial Uses 

inconsistent in the Low Impact Industry designation such as “industry high impact” uses. 

LANDSCAPE AND BUILT FORM 

The 345 Pierce Avenue Structure Plan Code requires that development on this site is 

modern and visually appealing and has a high standard of environmental performance. 

Buildings are to be designed to achieve a high standard or architectural design 

commensurate with industrial uses. Development is to be designed to maximize energy 

efficiency and exhibit a high standard of architectural and landscape design. This is exactly 

the same requirement under the existing Core Industry designation. 

OVERLAYS/SPECIAL MANAGEMENT AREAS 

The site is subject to the following Overlays. 

• Acid Sulfate Soils 

• Natural Waterways and Wetlands 

Page 130


• Biting Insects 

• Aviation Affected Area 

• Bushfire Hazard Management 

These overlays were assessed as part of the reconfiguration of a lot application number 

2005/520055, and form part of that approval. This application does not impact on these 

overlays. However, future development applications over the approved sites will be subject to 

assessment against these overlays. 

TRAFFIC AND TRANSPORT CONSIDERATIONS 

Traffic and Transport linkages were assessed as part of the approved reconfiguration of a lot 

application number 2005/520055. The approved reconfiguration forms an extension of 

Claude Boyd Parade and provides future linkage through the subject site to the industrial 

lands to the west. Section 2.2 of the 345 Pierce Avenue Structure Plan and Structure Plan 

Map 3 provides details of the transport and circulation network. 


The application is required to be assessed against the entire Planning Scheme. However, 

the following Codes are particularly relevant: 

Planning Area Codes 

• Caloundra South Planning Area Code 

Overlay Codes 

• Acid Sulfate Soils Code; 

• Aviation Affected Area Code; 

• Biting Insects Code; 

• Flood Management Code; 

• Habitat and Biodiversity Code; and 

• Natural Waterways and Wetlands Code. 

Other Codes 

• Industry Code; 

• Civil Works Code; 

• Climate and Energy Code; 

• Filling and Excavation Code; 


• Nuisance Code; 

• Stormwater Management Code; 


• Filling and Excavation Code; and 

• Structure Planning Code. 

Page 131


The Low Impact Industry designation is considered appropriate within this development 

because of the small lots approved under the reconfiguration of a lot application 

2005/5200055. In addition, the Low Impact Industry designation is compatible with the 

already approved Low Impact Industry designation in the Caloundra Regional Business and 

Industry Park to the east. That area provides a large area of Core Industry land for more 

intensive industrial uses at its southern end. 

The application generally complies with all of the above applicable codes. Most of these 

codes plus the 345 Pierce Avenue Structure Plan Code will be applicable for the assessment 

of future development applications over this site. 

REFERRALS 



• Engineering; 

• Hydrology and Hydraulics; 

• Environment; 

• Environmental Health; and 

• Strategic Planning. 




This application was submitted under the Integrated Planning Act 1997, and at the time was 

required to follow the referral coordination process. The application was therefore referred to 

the Department of Infrastructure & Planning to coordinate the information and referral 

process. The following Referral Agencies are applicable to this application. 

Advice 

• Department of Infrastructure and Planning 

No requirements. 

• Department of Environment and Resource Management 

By letter 26 November 2010, The Department of Environment and Resource 

Management provided conditions of approval (Attachment 4 - Department of 

Environment and Resource Management - Conditions) 

SUBMISSIONS 

The application was publicly notified in accordance with requirements of the Integrated 

Planning Act 1997. No submissions were received. 

Page 132


CONCLUSION 

The assessment has found that the development proposed in the Structure Plan and 345 

Pierce Avenue Code is consistent with the Desired Environmental Outcomes and the 

relevant codes within the Planning Scheme. Approval of the application subject to conditions 

is recommended. 

Page 133







• Development Permit for a Material Change of Use of Premises – Preliminary Approval to 

Override the Planning Scheme to Establish a Low Impact Industry 


The relevant period of this development approval is four (4) years from the date that this 

development approval takes effect. 



conditions: 

PLANNING 

1. development is to be in accordance with the endorsed 345 Pierce Avenue Structure 

Plan (November 2010) and Code (except where varied by these conditions of 

approval); 

2. the level of assessment and applicable codes for defined uses are set out in Section 

3 of the 345 Pierce Avenue Structure Plan; 

‘Defined uses’ and ‘use classes’ are as defined in Part 3 – Interpretation of Caloundra 

City Plan 2004; 

3. the development of this site must comply with all the applicable codes (including 

overlay codes) and policies of the Caloundra City Plan 2004, as well as the 345 

Pierce Avenue Structure Plan Code; 

4. where there is any potential conflict with the applicable codes of the Caloundra City 

Plan 2004, the Overall Planning Outcomes set out in Section 4.4 – Overall Outcomes 

of the 345 Pierce Avenue Structure Plan take precedence; 


The approved plans and / or documents for this development approval are listed in the 

following tables: 

Plan/Document Rev. Plan/Document Name Date 

Structure Plan - - Structure Plan - 345 Pierce Avenue, November 

345 Pierce Avenue 

prepared by Dillon Folker Stephens 2010 

Town Planners 

Map 1 - Land Use Areas – 345 Pierce Avenue, 

Caloundra, prepared by Dillon Folker 

Stephens Town Planners 

Page 134 

November 

2010


Plan/Document Rev. Plan/Document Name Date 

Map 2 - Site Development Plan - 345 Pierce 

Avenue, Caloundra, prepared by Dillon 

Folker Stephens Town Planners 

Map 3 - Transport & Circulation - 345 Pierce 

Avenue, Caloundra, prepared by Dillon 

Folker Stephens Town Planners 

Plant Schedule 

As 

amended 

by SCRC 

345 Pierce Avenue Structure Plan – 

plant Schedule 

November 

2010 

November 

2010 

January 

2011 


(a) 

the relevant period for the development approval (preliminary approval overriding the 

planning scheme for a Material Change of Use of Premises to Establish a Low Impact 

Industry (Structure Planning Approval) shall be four (4) years starting the day the 

approval is granted or takes effect. In accordance with Section 3.5.21A of IPA, the 

development approval lapses if the development of the whole of Structure Plan area 

has not been completed within the abovementioned relevant period. However, if 

there are one or more related approvals for the development approval, the relevant 

period is taken to have started on the day the latest related approval takes effect. 

(Please refer to Section 3.5.21(7) of IPA for the meaning of related approval). 

An applicant may request Council to extend the relevant period provided that such 

request is made in accordance with Section 3.5.22 of IPA and before the 

development approval lapses under Section 3.5.21of IPA; 

(b) 

(c) 

(d) 

(e) 

(f) 

no development shall take place on the subject land without the appropriate 

development permit. To remove doubt, it should be noted that this approval does not 

authorise development to occur; 

this preliminary approval functions as part of the Integrated Development Assessment 

System and assessment of future development is to be in accordance with Chapter 6 

of the Sustainable Planning Act 2009 (SPA); 

a probable solution identified for a specific outcome provides a guide for achieving 

that outcome in whole or in part, and does not limit the assessment manager’s 

discretion under the Sustainable Planning Act 2009 to impose conditions on a 

development approval; 

acceptable solutions are the criteria comprising a code that self- assessable 

development must comply with; 

a ‘defined use’ which is identified in Section 3 of the 345 Pierce Avenue Structure 

Plan Code as self assessable development: 

(i) 

(ii) 

must comply with the acceptable solutions for self assessable development; 

and 

is code assessable if the defined use does not comply with the acceptable 

solutions for self assessable development; 

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(g) Aboriginal Cultural Heritage Act 2003 

There may be a requirement to establish a Cultural Heritage Management Plan 

and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003. 

The Aboriginal Cultural Act establishes a cultural heritage duty of care which provides 

that: “A person who carries out an activity must take all reasonable and practicable 

measures to ensure the activity does not harm Aboriginal cultural heritage.” It is an 

offence to fail to comply with the duty of care. Substantial monetary penalties may 

apply to individuals or corporations breaching this duty of care. Injunctions may also 

be issued by the Land and Resources Tribunal, and the Minister administering the 

Act can also issue stop orders for an activity that is harming or is likely to harm 

Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural 

heritage. 




No Applicable 


A preliminary approval under section 3.1.6 of IPA has been granted and as such any 

development resulting from this approval will be as set out in the approved documents 

accompanying the preliminary approval. 


• Material Change of Use 

• Operational Works 

• Building Works 

• Plumbing & Drainage Works 







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REFERRAL AGENCY CONDITIONS 

External Referral Conditions 

The following external referral conditions and advice apply: 

(a) The Department of Environment and Resource Management by letter dated 26 

November 2010, Ref. IC0307NAM0008_CAL7213/445311 consisting of 7 pages 

advised conditions to be attached to the Development Permit for:- 

Vegetation, DERM Permit No.eLVAS:2007/003264 – TJ:IC0307NAM0008 

Wetlands, DERM Permit No. IPAR02784710 – TJ: IC0307NAM0008; AN445311 

Page 137



Page 138


4.1.5 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE - SERVICE & 

UTILITY – TYPE 3 TOWER (TELECOMMUNICATION TOWER) AT 1 ILLOURA 

PLACE, COOROIBAH 

File No: 

MCU10/2041 

Author/Presenter: Senior Development Planner, Denis Wallace 

Attachments: Att 1 - Locality Plan (SPC Att Pg 149) 

Att 2 - Proposed Plan (SPC Att Pg 152) 

Att 3 - Zoning Map (SPC Att Pg 155) 

Planning Instrument: 

The Noosa Plan 

Applicant: 

Telstra Corporation Pty Ltd 


Aurecon Australia Pty Ltd 


MCU10/2041 

Division: 12 

Properly Made Date: 7 September 2010 

Information Request Date: 4 October 2010 

Information Response Received Date: 15 October 2010 

Proposal: 

Material Change of Use for Service & 

Utility – Type 3 Tower 

(Telecommunication Tower) 


Impact 

No. of Submissions: 

21 Properly Made & 

24 Not Properly Made 


1 Illoura Place, Cooroibah 

RPD: 

Lot 2 SP213298 

SEQRP 

Rural Living Area 

Land Area: 

2.01ha 

Locality: 

Cooroibah 

Zone: 

Rural Settlement 

Overlays: 

Low Potential Acid Sulphate Soils Area 



PURPOSE 

The purpose of this report is to seek council’s determination of an application for a Material 

Change of Use for a 30 metre high telecommunication tower at 1 Illoura Place, Cooroibah. 

The application is before council as the proposal received more than 20 public submissions. 


The application seeks approval for a new 30 metre high telecommunication tower to provide 

3G coverage for mobile phone and broadband internet users on both the Telstra and Optus 

networks. The applicant identifies a need for improved coverage in the Cooroibah area and 

a number of submissions have been received in support of the proposal, reinforcing this 

view. 

The tower use is identified as an inconsistent use within the entire Cooroibah locality under 

the Noosa Plan, including the Rural Residential zone where the site is located. 

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While the applicant is able to demonstrate a degree of planning need for the proposal, to 

overcome the planning scheme conflict, the site is not considered large enough or sufficiently 

vegetated to be able to adequately buffer the tower to reduce visual and residential amenity 

impacts on nearby properties. Furthermore, conditions of approval cannot adequately 

address these issues. 

The application is therefore recommended for refusal. 


That Council REFUSE application MCU20/2041 (Telstra Corporation Pty Ltd) for a 

Material Change of Use for Service & Utility – Type 3 Tower situated at 1 Illoura Place, 

Cooroibah described as Lot 2 SP213298 for the following reasons: 

1. the proposal will significantly impact on the visual and residential amenity of 

nearby properties; 

2. the site is insufficiently vegetated and sized to be able to adequately reduce the 

proposal’s impacts on nearby properties; 

3. conditions of approval cannot be applied to adequately address the impacts on 

the nearby properties; and 

4. the proposal conflicts with the Noosa Plan, in particular, provisions of the 

Cooroibah locality code, Infrastructure Uses Code and Landscaping Code. 


Infrastructure Policy Branch indicates the proposal triggers contributions totalling $205 

(based on the September 2010 Consumer Price Index), comprising trunk pathway, public 

open space and rural roadwork contributions. 

INTRODUCTION 


The subject site, and the adjoining allotment to the southeast, were created by development 

approval 07/0695 for a 1 into 2 lot subdivision. 


The subject site is located at the corner of Illoura Place and Jirrima Crescent and is 

approximately 2.1 ha in size. The allotment has frontages of approximately 130 metres to 

Illoura Place and 100 metres to Jirrima Crescent, with the land sloping gently to the southeast. 

The site has been partially cleared with some remaining mature and regrowth vegetation, 

including melaleucas, eucalypts, acacias and pines, scattered throughout the lot. The 

vegetation has a maximum height of between 10 to 15 metres. 

Existing development on the site consists of a detached house and shed near the Illoura 

Place frontage. Access is gained via a gravel driveway from that frontage. 

Attachment 1 shows a locality plan for the site. 


Surrounding development is largely characterised by detached houses on Rural Settlement 

zoned allotments. Some tracts of Open Space Conservation land are located to the east and 

west and an existing private airstrip is located on Rural zoned land 500 metres to the east. 

Page 140


Proposal 

The application seeks to establish a 30 metre high telecommunications tower to provide 

wireless 3G network coverage for mobile phones and broadband internet in the Cooroibah 

area. The tower will carry both Telstra and Optus antennae, providing coverage for both 

their networks. The proposal involves the construction of a steel monopole with 16 panel 

and 1 parabolic antennae mounted on the top of the pole. Two small equipment shelters are 

proposed at the base of the tower, which is contained within a 90m 2 secured lease area. 

The lease enclosure provides a 1.4 metre buffer to the south eastern boundary and 16 

metres to the south western boundary. The tower itself provides a minimum setback of 6.5 

metres to the south eastern boundary. 

In the original application, the tower was proposed at 25 metres high. The applicant 

subsequently amended the application to increase the tower height to 30 metres to allow for 

the co-location of both Telstra and Optus antennae on the monopole. 

The proposed plans of development are included as Attachment 2. 

ASSESSMENT 

Noosa Iconic Panel 

The Noosa Iconic Panel has reviewed the proposal and advised that Council is to remain the 

Assessment Manager for this application. 

State Planning Policies/Management Plans 

The following State Planning Scheme Policies are applicable to this Application: 

- SPP2/02 Planning and Managing Development Involving Acid Sulfate Soils 

This State Planning Policy has been deemed by the Minister for Local Government and 

Planning as being appropriately reflected in Council’s planning scheme and, therefore, does 

not warrant a separate independent assessment. 


The development site is within the Rural Living Area of the South East Queensland Regional 

Plan. The proposed use is consistent with the strategies sought by the Plan for the Rural 

Living Area and does not trigger further assessment. 

Planning Scheme – The Noosa Plan 

Consistent Uses 

The site is located within the Cooroibah locality and is zoned Rural Settlement. The 

proposed Infrastructure Use Type 3 (Tower) is identified as an inconsistent use within the 

Locality Code. The proposed use is required to follow an impact assessable application 

process. An assessment against the relevant codes is provided below. 

Cooroibah Locality Code 

The use is identified as an inconsistent use within the zone and, therefore, conflicts with the 

Code. The applicable Overall Outcomes sought for the locality are: 

5.8.2 a) New uses and works are located, designed and managed to— 

i be compatible with other uses and works; 

ii maintain the safety of people and works; 

iii avoid significant adverse impacts on the amenity enjoyed by users of other 

premises, including impacts on acoustic and visual qualities; and 

Page 141


iv avoid significant impacts to native habitat including fragmentation, attrition, 

or removal of vegetation or significant habitat features; 

5.8.2 v) For the Rural Settlement Zone—detached housing on large lots— 

i is the dominant building form, to the general exclusion of other uses; 

ii incorporates designs that respond to, and are integrated with site 

characteristics including steep slopes and native vegetation; 

iii offers a relaxed rural lifestyle for residents; 

iv contributes to the rural or semi-rural character and amenity of the area; 

v may be located in close proximity to working farms or other rural industries; 

vi offer convenient access to Tewantin via sealed roads; 

vii include associated home-based businesses on large lots such that 

neighbours are not impacted upon; and 

viii are dominated by native vegetation and landscaping; 

The application raises some significant concerns in relation to Overall Outcome 5.8.2 a), 

primarily due to the relatively small size of the site (2.01ha) and the limited buffers available 

to surrounding premises. The tower will exceed the height of existing vegetation, between it 

and nearby lots, by approximately 15 metres and will be highly visible from Lot 30 SP136462, 

Lot 22 SP213298 and Lot 11 SP148 to the west and southeast of the site (see lot layout plan 

included in Attachment 2). Further afield, and in all other directions, it is acknowledged that 

only filtered views or the top of the tower will be available due to vegetation in the area. The 

visual or amenity impacts on premises further afield are not considered significant. 

Although conditions could be applied to relocate the tower to provide increased buffers to the 

nearby allotments, the limited height and density of existing vegetation within these buffer 

areas is such that the impacts would not be significantly reduced. 

Overall Outcome 5.8.2 v) generally excludes most uses, other than detached housing, within 

the zone. As such it is reasonable for residents within the zone to expect new development 

to create limited impacts on the rural residential and visual amenity they enjoy. It is also 

noted that the tower use is inconsistent within the entire Cooroibah Locality. The application 

material generally submits the following grounds to support the proposal: 

“… to improve mobile phone coverage and broadband access in the Cooroibah 

locality a telecommunications facility is required in the area. Unfortunately within this 

locality there were no compatible zones to locate the proposed use which would still 

achieve adequate mobile phone coverage for the area. This site represented the 

most appropriate location to minimise any adverse effects while providing coverage to 

the surrounding area.” 

It is recognised that if new telecommunications facilities are to be sited within the locality, a 

conflict with the planning scheme will be unavoidable. However, in this case, the issues of 

inappropriate site selection and visual and residential amenity impacts on nearby premises 

are too significant to support the development. 

Additional Applicable Codes 

Infrastructure Uses Code 

Health & Safety 

The applicant has provided a summary of the maximum cumulative radiofrequency and 

electromagnetic energy levels at ground level emitted from the proposed telecommunications 

tower, assuming full power usage. 

Page 142


The summary indicates the proposed tower will emit a maximum electromagnetic energy 

level from the tower of 0.45% of the Australian Radiation Protection and Nuclear Safety 

Agency’s regulated acceptable maximum radiation levels. 

The proposal, therefore, does not raise any significant concerns in relation to the health 

effects of radiofrequency and electromagnetic energy emissions. 

Co-Location Opportunities 

The Infrastructure Uses Code requires towers to be co-located with existing Infrastructure 

Uses, where practical. The applicant has provided a coverage map of the existing towers 

within a 20km radius, which confirms that there are no nearby towers to allow co-location. 

The amended development proposal submitted by the applicant has addressed council’s 

concerns in regard to this aspect by increasing the tower height by 5 metres. This will allow 

both Telstra and Optus antennae to be co-located on the tower and avoid the risk of an 

additional tower in the area. 


The Probable Solution of the Code requires that any tower is co-located on an existing 

telecommunications tower; AND the height of the tower does not exceed 25 metres where on 

land in the Rural Zone. The proposed telecommunications tower is to be located in the Rural 

Settlement Zone and is 30 metres in height. 

There is no mention within the Code for acceptable heights within the Rural Settlement Zone, 

as towers were not envisaged to occur on smaller rural-residential-type lots. The tower raises 

significant concerns with visual amenity impacts on nearby premises, in particular the three 

adjoining or adjacent allotments. With very little existing vegetation available to screen the 

tower from these properties, this issue cannot be adequately addressed by conditions. 

Landscaping Code 

The conditioning of increased landscaped buffers and new plantings to address amenity 

impacts on nearby premises would be insufficient, due to the substantial length of time 

involved for visual screening of the 30 metre high tower to take effect. 

Driveways and Carparking Code 

The proposal does not raise any concerns with regard to this code and can be conditioned to 

comply. 


The proposed tower will be accessible via an internal access track. There are no further 

traffic or transport considerations for the proposed development. 

REFERRALS 


The application was referred to the following internal specialists: 

• Operational Works Assessment Branch; and 

• Economic Development Branch. 

Page 143


Their comments are provided below. 

Operational Works Assessment Branch Comments 

The Branch has no objection to the proposal, provided that appropriate access and 

engineering conditions are applied to any approval. 

Economic Development Branch 

The Economic Development Branch indicates that it supports the approval of this application, 

as it will significantly address the mobile telephony and mobile broadband shortfall in this 

area. The construction of this tower is part of the Connecting the Coast project and will assist 

in achieving part 6.3.1 of the Corporate Plan (Facilitate access to affordable, high speed 

communication networks for all residents and businesses) and 6.3.2 (Advocate for better 

telecommunications in rural areas). 

Economic Development recommends that any approval include a condition to the effect that 

the new tower incorporate a preferred wireless tower location layer with corresponding radio 

mapping to support locations and adequacy of coverage from development through to full 

capacity. Telstra and Optus both support this approach. 



No Referral Agencies are applicable to this application. 

SUBMISSIONS 

The application was publicly notified in accordance with requirements of the Sustainable 

Planning Act 2009. 21 properly made submissions and 24 not properly made submissions 

were received. Of the 45 total submissions, there were 30 supportive and 15 opposing the 

proposal. 



Issues 

Inconsistent Use in the Rural 

Settlement Zone 

• The proposal is not compatible 

with other consistent uses in 

the zone; 

• Contrary to the Desired 

Environmental Outcomes; 

and 

• not made a consistent use by 

the policy pertaining to 

Telecommunication Towers 

(PSP23) 

Comments 

The response from two-thirds of the submitters are 

supportive of the proposed tower. This indicates that there 

is a need for the use within the area. However, it is also 

recognised that the proposal is an inconsistent use within 

every zone within the Cooroibah Locality, and the site 

selection process requires careful consideration of 

neighbouring uses. Although the applicant has considered 

8 other sites, before determining to locate the facility at 

the subject site, no consideration was given to any other 

site outside of the Rural Residential Zone. 

Considering the concerns of adjoining residents and the 

expectations of future uses within the zone set out in the 

Desired Environmental Outcomes (and Overall Outcomes 

of the Locality Code), the proposed tower is too close to 

Page 144


Issues 


• Obtrusive to the nearby 

properties and streets; and 

• Will extend beyond the 

existing vegetation canopy. 

Height 

• No height requirement for the 

zone in the Infrastructure 

Uses Code, indicating that 

the tower is inappropriate in 

the zone; and 

• Three times the maximum 

height allowed of 8m within 

the Locality Code. 

Health & Safety 

• Inconclusive science on the 

issue; and 

• Precautionary standard of not 

constructed within a 300m 

radius should apply. 

Community Need 

• Insufficient demand in the 

locality to warrant the need; 

and conversely 

• Supportive of improved 

services to assist small 

business and emergency 

services. 

Alternative Sites 

• This proposal is too close to 

homes 

• Other suitable sites include: 

o Council/State Land 

o Existing Quarry Site 

• More evidence required for 

indentifying opportunities for 

co-location. 

Reduction in House Prices 

Comments 

neighbouring premises and is an incompatible use. 

Agreed. Notwithstanding that a telecommunications 

tower needs to be above the canopy height to achieve 

reception, there is limited vegetation between the 

proposed tower and nearby premises. 

No conditions can be applied to assist in screening the 

development from this neighbour, and the proposal will 

adversely affect the visual amenity of this Rural 

Settlement zoned allotment. 

Agreed. No height limit is specified for the Rural 

Residential Zone, as the Infrastructure Uses Code does 

not envisage the use within that zone. 

The associated code outcome requires towers to be 

visually integrated with their setting and not visually 

dominant or obtrusive. The proposed tower does not allow 

for adequate screening between it and the adjoining 

premises. Therefore, the proposal does not meet the 

requirements of the Code in relation to height. 

The cumulative radiofrequency and electromagnetic 

energy summary for the tower, indicates the proposed 

tower will emit a maximum electromagnetic energy level 

which is 0.45% of the Australian Radiation Protection and 

Nuclear Safety Agency’s regulated acceptable maximum 

radiation levels. The proposal, therefore, does not raise 

any significant concerns in relation to the health effects of 

radiofrequency and electromagnetic energy emissions. 

There is a recognised need for this type of infrastructure 

within the area. The application material and the positive 

response for the tower during the notification period 

indicate the need for the improved network reception 

within the locality. Council’s Economic Development 

Branch also indicates that this area has been identified 

within the Connecting the Coast Project as requiring 

further telecommunications infrastructure. 

As part of the application, Telstra included their site 

selection decision making. This included 9 sites 

surrounding the subject site, with none of the sites 

investigated outside the Rural Settlement Zone (See 

Attachment 3). Most of the alternative sites were rejected 

by the applicant because a lease could not be negotiated 

with the owner or the site had poor coverage 

performance. It is agreed that further alternate sites 

should be investigated by the applicant. 

No details were provided to substantiate that the tower 

will devalue property values in the general area, though it 

is agreed that the tower’s impacts on nearby premises are 

significant and could potentially affect those property 

values. 

Page 145


CONCLUSION 

The application raises significant planning concerns due to the proposed use’s conflicts with 

the provisions of the Noosa Plan, and the likely visual and residential amenity impacts on 

nearby properties. Finding a suitable site in the area is problematic for the applicant, as the 

proposed tower use is inconsistent within the entire Cooroibah Locality it seeks to provide 

coverage for. As such, if a new tower is to be approved within the locality, then some degree 

of conflict with the Noosa Plan must be accepted. Council has also received a number of 

public submissions in support of the proposal, which appears to confirm the applicant’s 

assertions that existing telecommunications coverage in the area is poor and thereby 

establishes a degree of need for the use. 

Notwithstanding the grounds in favour of the proposal, the site selected is inappropriate to 

adequately preserve the visual and residential amenity of nearby properties, with the 

inclusion of conditions inadequate to reduce these impacts. The application is, therefore, 

recommended for refusal. 

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4.1.6 UPCOMING SIGNIFICANT DEVELOPMENT APPLICATIONS 

File No: 

Author: 

Appendix: 

ECM 

Manager, Planning Assessment, Michael Bismire 

Regional Strategy and Planning 

App A - List of Upcoming Significant Development Applications 

(SPC Att Pg 157) 

PURPOSE 

The purpose of this report is to inform council, in advance, about significant issues arising 

from key development applications lodged with council. 


It is appropriate that a list of all significant development applications, with brief description 

and brief update on the status of the applications, be reported to council on a bi-monthly 

basis, refer Appendix A. 

Councillors who wish to raise issues of concern on particular applications can give feedback 

at the Strategy and Planning Committee meeting, and questions which require a reply, will be 

sent to all Councillors and relevant officers so that the matters of interest and the response 

are known to all Councillors. 

All applications listed in Appendix A are available for viewing on Planning and Development 

(PD) Online. 

Preliminary notification of all development applications to Councillors will continue, as is the 

current practice. 

All applications listed in Appendix A will continue to be reported to council until they appear 

as a council report on an agenda. 



(a) receive and note the report titled ‘Upcoming Significant Development 

Applications’; and 

(b) note the List of Upcoming Significant Development Applications (Appendix A). 


There are no finance and resourcing implications. 

Page 147


CORPORATE PLAN 

Corporate Plan Theme: 

Managing Growth 

Emerging Priority: 7.1 The areas for growth and renewal are clearly defined 

Strategy: 7.1.5 Make decisions on development applications in 

accordance with the planning scheme and defend those 

decisions 

Page 148


5 CONFIDENTIAL REPORTS 

6 NEXT MEETING 

The next meeting of the Strategy and Planning Committee will be held on 9 March 

2011 in the Caloundra Council Chambers, 1 Omrah Avenue, Caloundra. 

7 MEETING CLOSURE 

Page 149

AGENDA - Sunshine Coast Council

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