Queensland Government, Department of State Development

Queensland Our Reference: T3212 Your reference: MCU0?/0089 Government Enquiries: David Heyden Extension: 3247 5413 E-mail address: [email protected]

Department of 18 March 2008 Infrastructure and Planning

John Knaggs Acting Chief Executive Officer Sunshine Coast Regional Council Nambour Office POBox 76 NAMBOUR QLD 4560

Attention: Nicole Joyce

Dear Mr Knaggs

RE: AMENDED DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE (MOTEL) AT YANDINA COOLUM ROAD, COOLUM BEACH

The Office of Urban Management (OUM) was referred the above amended development application on 26 February 2008.

The South East Queensland Regional Plan 2005-2026 Amendment I (SEQ Regional Plan), released and having effect as of 31 October 2006, applies to this application.

The OUM considers the proposal to be an "urban activity" as defined under the regulatory provisions of the SEQ Regional Plan. As the application is for a material change of use for an urban activity on land located in the Regional Landscape and Rural Production Area, Division 2 of the regulatory provisions applies.

The OUM has reviewed the application and considers the proposed development is consistent with Division 2 of the regulatory provisions. Consequently, the OUM wishes to advise Council, as the assessment manager, that the OUM has no requirements.

For further information or assistance on the OUM' s comments in regard to the application, please contact David Heyden by telphone on 3247 5413. Y~urs sine/fly/) j]

Sch. 4(4)(6) David Rowland Principal Planner Regional Planning Office of Urban Management

cc J T Barns Cl- Schomburgk Planning Executive Building 100 George Street PO Box 15009 City East Queensland 4002 Teleplwne +61 7 3247 5413 DSDIP - RTI RelFacsimilee +61a 7 3235s 4563 e Website www.infrastructure.g ld.gov .au

ABN 25 166 523 889 RTI Document No. 1 - " - PMP3521-- ••• Department of Infrastructure and Planning ROCF-250-S$2-0~3 DA REPORT File No: T3212

Location Yandina-Coolum Road, Coolum Beach Property Description Lot 100 on SP 161821 Local Government Maroochy Shire Council Application Type Development Permit- MCU Applicant Mr J T Barnes, C/- Schomburgk Planning Proposed Use Motel and associated restaurant Current Use Detached dwelling Land Area 6 Hectares SEQ Regional Plan Designation Regional Landscape and Rural Production Area Applicable Regulatory Provisions 31 October 2006 Applicable planning scheme: IPA planning scheme c 0 Sustainable Canelands Planning Precinct of the Northern Coastal Plains Planning Area 0 Rural or Valued Habitat PDLU and Agricultural Protection PDLU within the Maroochy Strategic Plan. Date application properly made 14/06/07 OUM Date of Receipt 12 July 2007 and amended application received 5 February 2008 Was an Information Request No Issued Assessing Officer David Heyden

BACKGROUND AND PROPOSAL

On 12 July 2007, the OUM received a development application over the above site for a ( proposed convenience restaurant, hotel, motel and service station. On 26 July 2007, the OUM sought an extension without the applicant's agreement to the information request period, being until 9 August 2007.

However, following a further review of the application it was not determined necessary to issue an information request, going straight into the OUM referral agency assessment period, due on 7 September 2007. The OUM did not provide a response within this timeframe.

RTI Document No. 2 Following this advice, the applicant amended the application removing the proposed hotel component of the original application, which included approximately 1744 m2 gross floor area for dining and gaming area, bottle shop and public bar.

On 15 October 2007, the OUM received the amended acknowledgement notice for a proposed convenience restaurant, motel and service station.

On 23 November 2007, the OUM provided advice to Council recommending refusal of the application as the application failed to demonstrate compliance with Division 2, section 2.5(h) of the regulatory provisions.

Following the OUM response requiring the application to be refused, the applicant amended the application removing the service station component ofthe application.

On 5 February 2008, the OUM received the amended acknowledgement notice for a proposed Motel and associated restaurant. Refer to below table.

gross floor area for the tourist accommodation, including 19 single storey, attached units plus 1 caretaker's residence. o 27 car for the motel Restaurant o adjoins the o 173 m2 gross floor area o 15 car

ASSESSMENT AGAINST THE SEQ REGIONAL PLAN

OUM officers have reviewed the proposal and consider the scale of the proposed Motel is consistent with the definition for a small scale tourist accommodation facility. In addition, the associated restaurant is of a scale which is catering for no more than 100 persons. No permanent residential accommodation is proposed as part of the application.

Therefore, the scale and nature of the application complies with section 2.4(2) of the regulatory provisions.

RECOMMENDATION

That the Assessment Manager (former Maroochy Shire Council) and the applicant be notified that the OUM has no requirements for the development.

David Heyden Senior Urban Regional Planner Office o. f.U· rban, Manage/m:ent

Sch.''COavid 4(4)(6) Rowland Principal Planner Regional Planning OfficeD ofS UrbanD ManagementIP - RTI Release N:\Statutory Planning\Concurrence\Maroochy Shire Council\T3212_Lot 100 Yandina- Coelum Road_Coolum Beach\T3212 Memo Report Mar OB.doc

RTI Document No. 3 Our Ref: 06013 SCHOMBURG! Council Ref: MCU07/0089 PLANNING PTY LT OUM REF: T3212 Town Planning Consultant

20th February 2008

Office of Urban Management PO Box 15009 City East QLD 4002

ATTENTION: CONCURRENCE AGENCY - David Rowland

Dear Sir/Madam, RECEIVED RE: Development Application Proposed Motel 26 Fr:J Luli ~ Yandina-Coolum Road, Coolum Beach Lot 100 on SP161821 OFFICE OF :·RB.;_ .. :·:: · 0 Council Ref: MCU07 /0089 OUM REF: T3212

I refer to the abovementioned development application lodged with Maroochy Shire Council on the 14th June 2007 and the sth Amended Acknowledgment Notice and amended plans, forwarded to DMR on the 4th February 2008.

In accordance with section 3.4.3(2) of the Integrated Planning Act 1997 we hereby notify you that the Information Request period has ended and we now intend to proceed with Public Notification.

Should you have any questions in relation to this matter please do not hesitate to contact me direct.

Yours fa· hfully urgk Planning Pty Ltd 0 Sch. 4(4)(6)

TOWN PLANNER

Phone 07 5444 1888 Fax 07 5444 7506

Email Sch. 4(3)(3) PO Box612 DSDIP - RTI ReleaMooloolabase Q!d 4557 6/ 115A Point Cartwright Drive Buddina Q!d 4575

ABN: 8 1 167 441 088 RTI Document No. 4 ) .. •

SCHOMBURG! PLANNING PTY LT

Our Ref: 06013 Council Ref: MCU07 /0089 OUM REF: T3212

4th February 2008 RECEIVED - 5 FEB 2008 Office of Urban Management PO Box 15009 OFFICE OF URB AN M61 City East QLD 4002

ATTENTION: CONCURRENCE AGENCY - David Rowland

Dear Sir/Madam, c RE: Development Application Proposed Motel Vandina-Coolum Road, Coolum Beach Lot 100 on SP161821 Council Ref: MCU07 /0089 OUM REF: T3212

I refer to the abovementioned development application lodged with Maroochy Shire Council on the 14th June 2007 and the original date of referral to the Office of Urban Management on the 11th July 2007.

In accordance with section 3.3.3(1) of the Integrated Planning Act 1997 we hereby provide the referral agency (concurrence agency) a copy of the 5th Amended Acknowledgment Notice, which was issued by Council on the 24th January 2008, and a copy of the amended development plans.

The application is now for a Material Change of Use for a Development Permit for a Motel.

We trust that this is the information you require to process this application, however should you have any questions in relation to this matter please do not hesitate to contact me direct.

Yours faithfully scC:{iJi;;""i"g y Ltd

Sch. 4(4)(6) Cameron Adams

Associate Phone 07 5444 t 888 Fax 07 5444 7506 Enc: Maroochy Shire Council Acknowledgement Not ice Amended development plans Email Sch. 4(3)(3) cc : Maroochy Shire Council - Development Assessment PO Box 6 12 DSDIP - RTI ReleaMoosloolabea Qld 4557 6/1 t SA Point Cartwright Drive Buddina Qld 4575

ABN: 8 1 167 441 088 RTI Document No. 5 Your Reference: 0~ 01;, Our Reference: MCU07/0089 Enquiries: Nicole Joyce Direct Telephone: (07) 5475 9813 Direct Fax No.: (07) 5475 9827 ABN 60 983 072 606 Email: 24 January 2008

Mr JT Barns Cl- Schomburgk Planning PO Box 612 MOOLOOLABA QLD 4557

5TH AMENDED ACKNOWLEDGMENT NOTICE Integrated Planning Act 1997 Sections 3.2.3, 3.2.4, 3.2.5 & 3.2.6

PROPOSAL: MOTEL

APPLICATION NO: MCU07/0089

PROPERTY NO: 93549

PROPERTY DESCRIPTION: LOT 100 SP 161821

ADDRESS: YANDINA-COOLUM RD COOLUM BEACH QLD 4573

APPLICANT: JAMES THOMAS BARNS

Development Approval

The application seeks development approval for the following:

Development Permit for Material Change of Use of Premises (Motel)

Development Application (Superseded Planning Scheme)

Is the application for a Development Application (Superseded Planning No Scheme)?

Code Assessment

Will Code Assessment be required? Yes

Applicable Codes:

Code for Nature Conservation and Biodiversity 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 Code for Transport, Traffic and Parking Operational Works Code Code for Integrated Water Management

Please quote our file reference number on your reply for fast tracking within Council Address: Maroochy Shire Council Postal: The Chief Executive Officer DCnr CurrieS & BuryD StreetsI NambourP Qld Australia- R TI MaroochyRe Shire Councille ase Telephone: (07) 5475 850 I PO Box 76 Facsimile:(07) 5441 8338 Nambour Qlcl Australia 4560 Email: [email protected] Website: www.maroochy.qld.gov.au PD-DA-FM56/8-26/10/2007 RTIMade Document from recycled No.materials 6 Page 1 of4 Code for the Development and Use of Motels Code for Mixed Use Premises Code for Waste Management in Commercial and Community Uses Code for Service Stations and Car Washing Stations

Impact Assessment

Will Impact Assessment be required? Yes

Public Notification Details

Is Public Notification required? Yes

• Refer Attachment 1 for Public Notification requirements. • Public notification procedures must not be completed until the information and referral stage has been completed. • Details of adjoining landowners will be provided on request at the time of commencement of advertising.

Referral Agencies

Are Referral Agencies applicable? Yes

Concurrence

Clearing Vegetation Department Of Natural Resources & Water South East Region Attention: Jeff Guinea PO Box 573 NAMBOUR QLD 4560

State Controlled Road Matters Department Of Main Roads North Coast (Gympie) PO Box 183 GYMPIE QLD 4570

SEQ- Regional Plan Office of Urban Management PO Box 15009 CITY EAST QLD 4002

DSDIP - RTI Release

RTI Document No. 7 PD-DA-FM56/8-2611012007 Paoe 2 of 4 Acid Sulphate Soils Matters Department Of Natural Resources & Water South East Region Attention: Jeff Guinea PO Box 573 NAMBOUR OLD 4560

Coastal Management (Wetlands) and Conservation Estate Environmental Protection Agency Ecoaccess Customer Service Unit PO Box 15155 CITY EAST OLD 4002

3'd Party Advice

Environmental Protection Agency Contaminated Lands Unit GPO Box 2771 BRISBANE OLD 4001

It is the responsibility of the applicant to give each referral agency within three (3) months of this acknowledgment notice a copy of:

• The application (including application form and supporting material) • This acknowledgment notice • Any applicable concurrence agency application fee

After complying with the above the applicant must give the assessment manager written notice of the day the applicant referred the application to each referral agency.

Note: Council officers will carry out the internal referral of the application for the ERA.

Information Request

The assessment manager may make a further Information Request.

Note: Regardless of this advice, any concurrence agency for the application may make an information request.

Should the assessment manager not make an information request within the Integrated Planning Act 1997 timeframes, the applicant can proceed to the next IDAS stage of development.

Project Manager: Nicole Joyce

Sch. 4(4)(6) NICOLE JOYCE SENIOR PLANNER DSDIP - RTI Release

RTI Document No. 8 PD-DA-FM5618-26110/2007 Page 3 of4 ..

ATTACHMENT 1

PUBLIC NOTIFICATION

1. The applicant must: (a) Publish a notice at least once in a newspaper circulating generally in the local government's area; and (b) Place a notice on the land in the way prescribed under a regulation for 30 business days where the application is identified within section 6.7.1A(1) of the Integrated Planning Act 1997 as follows:

6. 7.1 A Notification period for particular applications (1) This section applies to a development application if- (a) it requires public notification under chapter 3, part 4; and (b) it is made after the commencement of the Integrated Planning and Other Legislation Amendment Act 2006, section 26; and (c) any of the following apply for the application- (i) there are 3 or more concurrence agencies; (ii) all or part of the deve/opment- (A) is assessable under a planning scheme; and (B) is prescdbed under a regulaUon; (#i) all or part of the development is the subject of an appfication for a preliminary approval mentioned in section 3. 1. 6. (2) Despite section 3.4.5(a), the notification period, under that section, for the application is 30 business days starting on the day after the fast action under section 3.4.4(1) is carried out.

{c) Any business days between and inclusive of 20 December and 5 January in the following year are not included within the advertising period; and (d) Give a notice to the owners of all land adjoining the land; and (e) Ensure all advertising actions (a-c) are completed within 5 business days after the first of the actions is carried out; and (f) Be aware that the advertising period begins the day after the last action (a-c) is carried out; (g) Commence advertising within 20 business days of the day on which you are entitled to commence; (h) Within 3 months of the completion of the notification period the applicant must give written notice to the assessment manager that the applicant has complied with the requirements of the Act

2. The notices must be in the approved form.

3. Requirements for placing public notices on land- Act, s 3.4.4 (a) The notice must be: • Placed on, or within 1.5 metres of the road frontage for the land; and Mounted at least 300mm above ground level; and Positioned so that it is visible from the road; and • Made of weatherproof material; and Not les than 1200mm x 900mm. (b) The lettering on the notice must be: For lettering in the heading, as indicated on the approved form of the notice- at least 50mm in height and in a bold style; or • For lettering in the subheadings, as indicated on the approved form of the notice- at least 25mm in height and in a bold style; or • For lettering not mentioned in paragraphs (a) and (b)- at least 25mm in height, of regular weight and in sentence case. (c) Each sentence in the notice must start on a new line. (d) If the land has more than 1 road frontage, a notice must be placed on each road frontage for the land. (e) The applicant must maintain the notice from the day it is placed on the land until the end of the notification period. (f) In this section 11 road frontage", for land, means- • The boundary between the land and any road adjoining the land; or • If the only access to the land is across other land- the boundary between the other land and any road adjoining the other land at the point of access.

DSDIP - RTI Release

PD-DA-FM56/8-26/10/2007 RTI Document No. 9 Page 4 of 4 BUILDING SITE COVERAGE HOTEl BIO.Os.m. ( RESTAURANT 113.0s.m.

iOTAl BUILDING SITE (OVERAGE 9B3.0s.m.

CARPARKING HOTEL 17 RESTAURANT 11 TOTAL 42

YANOJNA COOLUM ROAD

PROPERTY DESCRIPTION DSDIP - RTI Release LOT 100 ON SP161B21 PARISH Of HAROOCHY SITE PLAN COUNTY OF CANNING AREA • 6.0ha.

)m 0 :

mu-u-r.J 11'1 SPWHR ST., SCAU !SOO GAlTON. OlD. 4l(l Pit tnt s~b1 ns

------RTI Document No. 10 JB.O

BUll DING SITE COVERAGE HOTEL - 81G.Os.m. RESTAURANT - 173.0s.m. TOTAl BUilDING SITE COVERAGE - 983.0s.m.

(ARPARKING HOHL 11 RESTAURANT 15 TOTAl 41

YANDINA COOlUM ROAD

PROPERTY DESCRIPTION lOT 100 ON SP161821 DSDIP - RTI Release PARISH OF HAROOCHY SITE PlAN COUNTY OF CANNING AREA - 6.0ha.

Sm G Sr> \On l)m 10m 2S11 1HG>i!~tiot~r;u011 I.U 0<>'1 ~~ ~t~~ 119 SPWCER ST., SCALE lSG~ GAHOII. Olti. <343 PII.!Ol!S,621JS 5

RTI Document No. 11 ~------· :'~ -': ' '~ ' ~~ I : '

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't/ ~ ~ DSDIP7fff: - R7fff:T I Release

MOTEL FLOOR PLAN ~------'

a;s.o.o(.eu:;fltG D!WO .... I~l\11 I ~ \ l 3 4 5,. C

~~;J 119 SPH{{R ST., GATTON. OtO. 4lH SUlE 11&0 IAl "H.107))462ilS

RTI Document No. 12 ~ lOP Of (EILI!l(j I

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f.L SHUlL% WllH APPLIED fUliSH

EAST ELEVATION

RIDGE .,..--~

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DSDIPNORTH ELEVATION- RTI Release NOTE FENEE NOT SHOWN ON ELEVATIONS FOR (LARITY

Cl~l(.llWl•~ t<%'!IS<-1 1 ~ 1 l J ~ Sn Oft M( O•~l

119 SP[N([R ST •• GAllO!!. OLD. 'lH S(AlE 1111 !All PH. 1071 S461118

RTI Document No. 13 WJfE:©IT:JlWlbffil JUl 1 0 OCT 2007 Jj/j BY: Your Reference: ------Our Reference: NSJ:MAV:MCU07/0089 Enquiries: Nicole Joyce Direct Telephone: (07) 5475 9813 DirectFaxNo.: (07) 5475 9827 ABN 60 983 072 606 Email: 9 October 2007

MrJTBams C/- Schomburgk Planning PO Box 612 MOOLOOLABA QLD 4557

4TH AMENDED ACKNOWLEDGMENT NOTICE Integrated Planning Act 1997 Sections 3.2.3, 3.2.4, 3.2.5 & 3.2.6

PROPOSAL: CONVENIENCE RESTAURANT, MOTEL & SERVICE STATION

APPLICATION NO: MCU0?/0089

PROPERTY NO: 93549

PROPERTY DESCRIPTION: LOT 100 SP 161821

ADDRESS: YANDINA-COOLUM ROAD COOLUM BEACH QLD 4573

APPLICANT: JAMES THOMAS BARNS

Development Approval

The application seeks development approval for the following:

Development Permit for Material Change of Use of Premises (Convenience Restaurant, Motel and Service Station)

Development Application (Superseded Planning Scheme)

Is the application for a Development Application (Superseded Planning No Scheme)?

Code Assessment

Will Code Assessment be required? Yes

Please quote our file reference number on your reply for fast tracking within Council Address:D SMaroochyD Shire ICouncilP - RTI Postal:R Thee Chiefl Executiveea Officers e Cnr Currie & Bury Streets Nambour Qld Australia Maroochy Shire Council Telephone: (07) 5475 8501 P0Box76 Facsimile: (07) 5441 8338 Nambour Qld Australia 4560 EJ>l3ib~ft.:g@fflllly>Ochy.qld.gov.au Website: www.maroochy.qlfl~v1 '\ll 4 RTI~A.,A Document .. f"rnm ..,.,.",..J.,...J No.m<>fPri<>lc 14 Applicable Codes:

Code for Nature Conservation and Biodiversity Code for WateJWays and Wetlands Code for Assessment and Management of Acid Sulphate Soils Design Code for Community Safety and Security Code for Landscaping Design Code for Transport, Traffic and Parking Operational Works Code Code for Integrated Water Management Code for the Development and Use of Motels Code for Mixed Use Premises Code for Waste Management in Commercial and Community Uses Code for Service Stations and Car Washing Stations

Impact Assessment

Will Impact Assessment be required? Yes

Public Notification Details

Is Public Notification required? Yes

Referral Agencies

Are Referral Agencies applicable? Yes

Concurrence

Clearing Vegetation J Department Of Natural Resources & Water South East Region Attention: Jeff Guinea PO Box573 NAMBOUR QLD 4560

State Controlled Road Matters Department Of Main Roads North Coast (Gympie) PO Box 183 GYMPIE QLD 4570

...! SEQ - Regional Plan Office Of Urban Management PO Box 15009 CITY EAST QLD 4002 DSDIP - RTI Release

RTI Document No. 15 Paoe 2 of4 Acid Sulphate Soils Matters .j Department Of Natural Resources & Water South East Region Attention: Jeff Guinea PO Box573 NAMBOUR QLD 4560

Coastal Management (Wetlands) and Conservation Estate .J Environmental Protection Agency Ecoaccess Customer Service Unit PO Box 15155 CITY EAST QLD 4002

3'd Party Advice

Environmental Protection Agency Contaminated Lands Unit GPO Box 2771 BRISBANE QLD 4001

It is the responsibility of the applicant to give each referral agency within three (3) months of this acknowledgment notice a copy of:

• The application (including application form and supporting material) • This acknowledgment notice • Any applicable concurrence agency application fee

After complying with the above the applicant must give the assessment manager written notice of the day the applicant referred the application to each referral agency.

Note: Council officers will carry out the internal referral of the application for the ERA.

Information Request

( The assessment manager will not make a further Information Request.

Note: Regardless of this advice, any concurrence agency for the application may make an information request.

Project Manager: Nicole Joyce

Sch. 4(4)(6) tfer SENIOR PLANNER

DSDIP - RTI Release

RTI Document No. 16 ATTACHMENT 1

PUBLIC NOTIFICATION

1. The applicant must:

(a) Publish a notice at least once in a newspaper circulating generally in the local government's area; and (b) Place a notice on the land in the way prescribed under a regulation for 15 (or 30 where involving development listed in Schedules 7 and/or 8 of the Integrated Planning Regulation 1998) business days (not including any business days between and inclusive of 20 December and 5 January in the following year); and (c) Give a notice to the owners of all land adjoining the land; and (d) Ensure all advertising actions (a-c) are completed within 5 business days after the first of the actions is carried out; and (e) Be aware that the advertising period begins the day after the last action (a-c) is ( carried out; (f) Commence advertising within 20 business days of the day on which you are entitled to commence; (g) Within 3 months of the completion of the notification period the applicant must give written notice to the assessment manager that the applicant has complied with the requirements of the Act.

2. The notices must be in the approved form.

3. Requirements for placing public notices on land - Act, s 3.4.4

(a) The notice must be: • Placed on, or within 1.5 metres of the road frontage for the land; and • Mounted at least 300mm above ground level; and • Positioned so that it is visible from the road; and • Made of weatherproof material; and • Not less than 1200mm x 900mm. (b) The lettering on the notice must be: • For lettering in the heading, as indicated on the approved form of the notice - at least 50mm in height and in a bold style; or • For lettering in the subheadings, as indicated on the approved form of the notice -at least 25mm in height and in a bold style; or • For lettering not mentioned in paragraphs (a) and (b) - at least 25mm in height, of regular weight and in sentence case. (c) Each sentence in the notice must start on a new line. (d) If the land has more than 1 road frontage, a notice must be placed on each road frontage for the land. (e) The applicant must maintain the notice from the day it is placed on the land until the end of the notification period. (f) In this section "road frontage", for land, means- • The boundary between the land and any road adjoining the land; or • If the only access to the land is across other land - the boundary between the other land and any road adjoining the other land at the point of access.

DSDIP - RTI Release

RTI Document No. 17 D:::.n"' .4 nf Ll. '.

JS.O

PROPERTY DESCRIPTION LOT mo ON SPI61821 PARISH OF MAROOCHY SRVIHRV COUNTY OF CANNING AREA • 6.0ha. S£RVIH ARIA

ERVICE RESTAURANT TAllON

I ••1 BUILOJNG SITE COVERAGE _.-----· MOTEL ~~-- SERVICE STATION ' ' I I SERVICE ST AliON • 126.0s.m. RESTAURANT - 316J_s.m __ _ TOTAL AREA <:F.~2.0s.m. "~ ~- DSDYANDINAIP COOLUM - R 0 AR D TI Release TOTAL BUILDING SITE COVERAGE -1227.0s.m. CARPARKING MOTEL 21 SERVICE STATION/RESTAURANT 41 TOTAL 70 w--u-u S[AlE m ruJ~:~: 1\9 SI'£HWl 51., GATTON. OtO. 43H Pll.f15~6111!S

RTI Document No. 18 ------'

SERVICE AREA

' ' -, ' ri-~rr~~~IF~~~~~~~~Tr~~~~ : ' ' ' ' ' ~------{ ' ' ' KITCHEN

' ' ' RESTAURANT ' ,------' ' ' SERVICE STATION ' ' SHOP ' ' ' ' ' ' ~~----l __ : 6 BOWSER SERVICE STATION ' ' ' 'r------, ' ' ' ' '' ' ' ' ' ' ' VERANDAH FOY:ER : VERANDAH ' ' ------"------"'------"------"------+- ' - .L' ------"------..... ------'-+------j--.1 ' ' ' ' ~--~--~~··~ ,-~~--~--~--,

' 19. :------~ 28. DSDIP - RTI Release SERVICE STATION AND RESTAURANT FLOOR PLAN

1 0 1 2 l 4 }m ~ scm HlG tAl ll'J !if'tflHR 51 •• GATTOfl. OlD. ~31.3 PIL 11 )4~1 4785

RTI Document No. 19 I·--·'"'"' S.H.S. COUJK'lS

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SERVICE STATION RESTAURANT HOI!IIOIITAL WSTOM ROO \o'Atl CLADDalG

EAST ELEVATION

- _X ~~"' HEIGHT"''~ "l~~l r LlL

HORIZONTAL WSI0!1 ORB WAll (LAOOIH!i DSDIP RESTAURANT- ANDR SERVICE STATIONT NORTHI ELEVATION R elease

I , ' ·• c~firtt:= SCALE. 1:100 lA 1) U.N.O • I D "H[IGH!S • G1-t6-0 TOWN PLAWli!IG •• 13-0S-00 0 l So [Q) ~ooily&f •~• wom DATE. JUN 0 .. ' ' ' ' f1.-..i'in DRN. J D KO. SXECTH2 .. 21·0~-0i II.;II;;IUoooU- 0 1 B-13-0' IFCQllfi J. IM!fiiNJ~ SKETCH! .. eSu!lJiill I.UJU SHEET l OF Ho. OESCRil'TIDII 6Y DATE SCAH 11tl0 IAI ((:(OJ((i)I!J!II;'IJ iftl.l GA!TO~ OLD 'lLl ~'"""'''""

RTI Document No. 20 ( ~·~.. ~~ ~ ~.. ~ ~·~ o : / )------~:)-----). ····----:-----::: /------::-~:--'L _____ r~.~:.------· .. :>---,---<: /------::~-~--t ______: / / / / / ', ', / / /: i/ /:>'' ~ : ' UNIT1 // ' '/,.-' -~1--..

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DSDIP - RTI Release MOTEL FLOOR PLAN

1 a 1 2 1 ~ Sm ~ SWfU~I!AI II~ SPE~CER ST., ijATIO!I.liLD. 4343 Pit 07 5462 4755

RTI Document No. 21 TOP Of CEil!N~ ~ HEIGIH ~-;~~~ f.f.t.

MOTEL NORTH ELEVATION

J, ~I f.f.L

f .C. SH([TING WITH APPUED FINISH DSDIP - MOTELR EAST ELEVATIONT I Release

NOTE· FENCE NOT SHOWN ON ElEVATIONS FOR ClARITY

119 SP[N[ER ST •. liATlOH. OlD. 4343 PH. 11 ~62 478S

RTI Document No. 22 Queensland Government

Our Reference: T3212 Council Reference: MCU07/0089 Enquiries: David Heyden E~mail address: [email protected] Office of Urban Management

Department of Infrastructure 23 November 2007

Mr John Knaggs Chief Executive Office Maroochy Shire Council PO Box76 NAMBOUR QLD 4560

Attention: Nicole Joyce

Dear Mr Knaggs

APPLICATION FOR MATERIAL CHANGE OF USE FOR A PROPOSED CONVENIENCE RESTAURANT, MOTEL AND SERVICE STATION AT YANDINA-COOLUM ROAD, COOLUM BEACH.

Dear Mr Knaggs

The Office of Urban Management (OUM), as a concurrence agency, received the above amended development application on 15 October 2007.

The South East Queensland Regional Plan 2005-2026 Amendment 1 (SEQ Regional Plan), released and having effect as of 31 October 2006, applies to this application.

The OUM has reviewed all information provided about the proposal against section 2.4 and 2.5 of the regulatory provisions. An assessment determined the application failed to demonstrate compliance with all of the requirements under section 2.5(c) of the regulatory provisions, as the proposal does not predominately cater for a local demand outside both the Urban Footprint and a rural village.

Level 4 Executive Annex 102 George St Brisbane PO Box 15009 City East Queensland 4002 Australia FreecaU t8oo o21 818 Telephone +61 7 3247 5446 Facsimilie +61 7 3235 4563 Email [email protected] DSDIP - RTI RelWebsitee www.oum.qld.gov.auas e ABN 25 166 523 889

RTI Document No. 23 CONCURRENCE AGENCY RESPONSE (OUM)

In accordance with Section 3.3.18 of the Integrated Planning Act 1997 (IPA), I require the assessment manager (Maroochy Shire Council) to refuse the application as it has:

(a) failed to demonstrate appropriate locational requirements or environmental impacts of the material change of use which necessitate its location outside the Urban Footprint; and

(b) not sufficiently justified an overriding need for the development in the public interest.

As per Section 3.5.15 (1) of the IPA, you are also requested to supply OUM with a copy of the decision notice for this application.

To discuss this matter further, please contact David Heyden by telephone (3247 5413) ore mail.

7 Yours sincerely

Sch. 4(4)(6) · David Rowland Principal Planner, Regional Planning Office of Urban Management

cc- Cameron Adams, Schomburgk Planning

(

DSDIP - RTI Release

RTI Document No. 24 DA REPORT

MATERIAL CHANGE OF USE FOR A PROPOSED CONVENIENCE RESTAURANT, MOTEL AND SERVICE STATION AT YANDINA-COOLUM ROAD, COOLUM BEACH (T3212)

Application Type Development Permit Proposed Use Convenience Restaurant, Motel and Service Station Current Use Detached dwelling Property Description Lot 100 on SP 161821 Location Yandina-Coolum Road, Coolum Beach Land Area 6 hectares SEQ Re2ional Plan Desi2nation RLRPA Applicable Re2ulatory Provisions 31 October 2006 version (Amendment I) Local Government Maroochy Shire Council Applicable planning scheme: IPA planning scheme 0 Sustainable Cane lands Planning Precinct of the Northern Coastal Plains Planning Area 0 Rural or Valued Habitat PDLU and Agricultural Protection PDLU within the Maroochy Strategic Plan. Date lodged and considered 14 June 2007 properly made by Council: OUM Date of Receipt 15 October 2007 (receipt of amended application) Assessing Officer David Heyden

1. BACKGROUND

On 12 July 2007, the OUM received a development application over the above site for a proposed convenience restaurant, hotel, motel and service station.

On 26 July 2007, the OUM sought an extension without the applicant's agreement to the information request period, being until 9 August 2007.

However, following a further review of the application it was not determined necessmy to issue an information request, going straight into the OUM referral agency assessment period, due on 7 September 2007. The OUM did not provide a response within this timeframe.

Nevertheless, on 18 September 2007, the OUM provided advice to Council recommending appropriate weight should be given to the principles and policies of the SEQ Regional Plan, in particular Desired Regional Outcome 3 Regional Landscape Areas, Policy 5.2- Rural Planning and Policy 8.1 - Urban Structure. The OUM also advised the scale of proposed "urban activity" within the Regional Landscape and Rural Production Area (RLRP A) requires the application to demonstrate compliance with Section 2.5(h) of the regulatory provisions.D SThe applicantD IwasP given a -copy ofR this letter.T I Release N:\Statutory Planning\Concurrence\Maroochy Shire Councii\T3212_Lot 100 Yandina ~ Coelum Road_Coolum Beach\T3212 Memo Reportdoc RTI Document No. 25 Fallowing this advice, the applicant amended the application removing the proposed hotel component of the original application, which included approximately 1744 m2 gross floor area for dining and gaming area, bottle shop and public bar.

On 15 October 2007, the OUM received the amended acknowledgement notice for a proposed convenience restaurant, motel and service station.

2. PROPOSAL

The proposal involves the development of the following uses:

o 785 m gross floor area for the tomist accommodation, including 19 Single storey, attached units o 25 car arks for the motel Service o 126 m gross floor area for the service station and associated retail station areas Restaurant £ross floor area

3. ASSESSMENT AGAINST THE SEQ REGIONAL PLAN

The OUM considers the material change of use to be an "urban activity" as defined under the regulatory provisions of the SEQ Regional Plan. As the application is for a material change of use for an urban activity on land located in the RLRP A, Divisions 2, section 2.4 and 2.5 of the regulatmy provisions apply.

The proposed Motel is considered to comply with the definition of a small scale tourist accommodation facility for the purposes of the regulatmy provisions. Therefore, this component of the application complies with one of the exceptions i.e. section 2.4(2)(£), to triggering assessment against section 2.5 of the regulatory provisions. As such the gross floor area and associated outdoor area linked to the small scale tourist accommodation facility do not contribute towards the total scale of the proposal.

It should be noted that it is the OUM position that only one of the seven exceptions under section 2.4(2) to triggering the OUM's assessment against section 2.5 can be used for a particular application. Therefore, the proposed service station and restaurant require assessment by the OUM against 2.5 of the regulatory provisions. The applicant has misunderstood the application of section 2.4(2) and has attempted to justifY the proposal against subsection (e) - restaurant and tavern less than 100 persons, in addition to subsection (f)- small scale tourist accommodation facility.

DSDIP - RTI Release N:\Statutory Planning\Concurrence\Maroochy Shire Councii\T3212_Lot 100 Yandina - Coo/um Road_Coo/um Beach\T3212_Memo Report. doc RTI Document No. 26 The applicant has also attempted to justify the application against the assessment criteria for section 2.5( c) - catering for a local demand. However, it has been determined that although its nature and scale of development is consistent with section 2.5(c )(i),(ii) and (iii), i.e. less 2 than 500m , the service station will not predominately cater for a local demand outside both the Urban Footprint and a rural village. The service station is likely to generate demand from the adjacent Urban Footprint of Coolum Beach and its proximity to the Sunshine Motorway interchange may also be attractive to passing motorists from surrounding areas within the region. Attachment I provides further information on this matter.

In light of this determination, sections 2.5(a) to (g) of the regulatory provisions do not apply, requiring the application to demonstrate compliance with Section 2.5(h).

Refer to Attachment 1 for the OUM assessment of the application against section 2.5(h) of the regulatory provisions.

5. RECOMMENDATION:

That the assessment manager (Maroochy Shire Council) and the applicant be notified that ( the material change of use application is required to be refused as to refuse the application has:

(a) failed to demonstrate appropriate locational requirements or environmental impacts of the material change of use which necessitate its location outside the Urban Footprint; and

(b) not sufficiently justified an overriding need for the development in the public interest.

David Heyden Senior Planner

David Rowland Principal Planner

DSDIP - RTI Release N:\Statutory Planning\Concurrence\Maroochy Shire Councii\T3212_Lot 100 Yandina - Coolum Road_Coo/um Beach\T3212_Memo Report.doc RTI Document No. 27 Attachment 1: OUM assessment of the application against Section 3 (3)(c) of the Draft Regulatory Provisions

Applicant's justification

Local demand

The applicant has advised that the location of the proposed development will Through the OUM's assessment of the application against section 2.5(c), it was determined provide desired community facilities for existing rural residential communities the proposal is not catering for a predominate local demand. It is acknowledged a portion of and industrial development located on the western side of the Western the trade generated by the development, particularly the service station, will come from local Motorway. It was also outlined that the proposal will create a liveable residents to the west of the Motorway, outside the Urban Footprint. However, the OUM is not community, which will entice people to the northern portion of Maroochy Shire. satisfied the development, i.e. service station, will predominantly cater for a local demand generated outside the Urban Footprint or rural village. This is further confirmed by the outcomes of the Economic Needs Assessment undertaken by the applicant stating the site is "expected to cater to visitors and business travellers passing the Yandina Coo/urn and Sunshine Motorway interchange".

Proximity to key road infrastructure and urban development Proximity to key road infrastructure and urban development

The applicant has attempted to justify the location of the development outside The site's location to key infrastructure and urban development within and outside the Urban the Urban Footprint and in this particular location due to it being an orderly and Footprint is irrelevant to the assessment of the proposed development against this test. As timely pattern of development, which is considered to be well located in relation outlined above, the OUM's assessment of the application against section 2.5(c) determined to key road infrastructure (i.e. Sunshine Motorway, Yandina-Coolum Road) and that the proposal is not catering for a predominate local demand. proximity to the existing population and jobs within Maroochydore.

Direct spatial association Direct spatial association In regards to the locational requirements test, the proposal has no direct spatial association The applicant has not outlined any direct special association which would with an environmental feature, natural resource, item of regional infrastructure or rural require the proposal to be located outside the Urban Footprint. activity located outside the Urban Footprint.

Environmental impacts Environmental impacts The applicant has not outlined any environmental impacts necessitating its The proposed service station and restaurant outside the urban footprint does not have location outside of the Urban Footprint. environmental impacts which necessitate its location outside of the Urban Footprint.

N:\Statutory Planning\Concurrence\MaroochyDS ShireD Councii\T3212_LotIP 100 Yandina- -Coelum Road_CoolumR TBeach\T3212_MemoI Report.docR elease

RTI Document No. 28 OUM summary in regard to compliance with Section 2.5(h)(i)

Locational Reguirements : The proposed development is an urban activity which has the ability to occur without a direct or specific association with an environmental feature, natural resource, item of regional infrastructure or rural activity located outside the Urban Footprint. Additionally, the proposed development outside the urban footprint does not have environmental impacts which necessitate its location outside of the Urban Footprint. Therefore, the proposal does not achieve compliance with this section.

regulatory provisions, the environmental impacts of the proposal is

o Good quality agricultural land o Existing biodiversity values o waterways, wetlands or significant vegetation o remnant vegetation or wildlife corridors.

The applicant has also advised the proposed development will be designed to be consistent with the existing visual amenity values in the locality.

Schedule 3: (a)( ii) conflicts with the desired outcomes of the regional plan, especially in relation to promoting consolidation of development within the Urban Footprint and preventing land fragmentation in the Regional Landscape and Rural Production Area or Investigation Area

The applicant has advised that the proposal is consistent with the Rural or Valued The subject site has a rural type zoning and the application is considered to be an urban habitat PDLU within the Maroochy Strategic Plan and Desired Environmental activity, i.e. retail/commercial activity, within the RLRPA requiring assessment against the Outcome 1 within the Maroochy planning scheme, through stating the service regulatory provisions. station and motel are consistent with rural areas and that the proposed uses are not strictly urban uses.

Economic activity and employment growth Economic activity and employment growth The applicant has advised that the proposed development does not detract from It is acknowledged a key outcome for economic activity and employment growth within DSDIP -an SEQ.R ras outlinedT in DesiredI ReqionalR Outcomee 9-lEconomice Development)as is toe N:\Statutory Planning\Concurrence\Maroochy Shire Councii\T3212_Lot 100 Yandina- Coo/urn Road_Coolum Beach\T3212_Memo Report.doc

RTI Document No. 29 alternative to the identified centres, at a much smaller scale. to provide land for economic activity that creates employment close to where people live. However, the proposed development is on land outside the Urban Footprint, which is not The applicant also outlined the proposed development will provide further consistent with the intent of the SEQ Regional Plan, specifically the RLRPA. employment/economic opportunities to the surrounding residents.

Intent of the RLRPA: Intent of the RLRPA: As outlined above, the applicant has advised that the site has no significant By allowing urban development to encroach into the RLRPA, the intent of the SEQ natural or environmental values. Regional Plan for these areas will be compromised. The RLRPA identifies lands that have regional landscape, rural production or other non-urban values and protects these areas from encroachment by inappropriate urban development.

It is acknowledged the site may no longer be viable for rural production, however, this does not justify it being development for urban development.

Schedule 3 (b) the community would experience significant adverse economic, social or environmental impacts if the development proposal were not to proceed.

The applicant advised the proposed development provides further The Economic Needs Assessment has identified that there are a number of service employment/economic opportunities to the surrounding residents, increase stations located within short distance of the site, including three within a three minute drive. holiday accommodation availability and increase social opportunities for the surrounding residents. Therefore, the applicant has not provided sufficient evidence to indicate that the community would experience significant adverse economic, social or environmental The applicant has also advised the proposed service station will have positive impacts if the development proposal were not to proceed. benefits for convenience with the current situation requiring local residents to travel into other urban centres for fuel. Schedule 3 Could the development reasonably occur in the Urban Footprint?

The applicant has attempted to justify the location of the development outside the As addressed above in section 2.5(h)(i), there is no justified reason why the development Urban Footprint and in this particular location due to it being an orderly and could not occur within the Urban Footprint. timely pattern of development, which is considered to be well located in relation to key road infrastructure (i.e. Sunshine Motorway, Yandina-Coolum Road) and proximity to the existing population and jobs within Maroochydore.

··- ·- ··-- -· ·--- DSDIP - RTI Release N:\Statutory Planning\Concurrence\Maroochy Shire Counci/\T3212_Lot 100 Yandina- Coolum Road_Coo/um Beach\T3212_Memo Report.doc

RTI Document No. 30 /'~

OUM Summary in regard to compliance with Section 2.5(h)(ii).

Overriding need in the public interest : The proposal has not sufficiently demonstrated an overriding need in the public interest.

DSDIP - RTI Release N:\Statutory P/anning\Concurrence\Maroochy Shire Councii\T3212_Lot 100 Yandina- Coo/um Road_Coolum Beach\T3212_Memo Report.doc

RTI Document No. 31 David Heyden From: David Heyden Sent: Friday, 16 November 2007 1:52PM To: Sch. 4(3)(3) Subject: 100 Yandina Coolum Road, Coolum Beach

Cameron,

I apologise for not getting back to you. I just got your message and will call back later this afternoon, when I am back in the office.

It is noted the OUM has not sought additional information to assess the application, therefore, the OUM's referral agency assessment period expires on 23/11/07 (receipt of changed application on 15/1 0/07). In light of no information request, the following advice is provided.

The OUM considers the material change of use to be an "urban activity" as defined under the regulatory provisions of the SEQ Regional Plan. As the application is for a material change of use for an urban activity on land located in the RLRPA, Divisions 2, section 2.4 and 2.5 of the regulatory provisions apply.

The proposed Motel is considered to be defined as a small scale tourist accommodation facility for the purposes of the regulatory provisions. Therefore, this component of the application complies with section 2.4(2)(f) of the regulatory provisions. Nevertheless, the service station and restaurant requires assessment against 2.5 of the regulatory provisions.

The report has attempted to justify the application against section 2.5(c)- catering for a local demand. However, it has been determined that the service station and restaurant component of the proposed development will not predominately cater for a local demand outside both the Urban Footprint and a rural village. The service station is likely to generate demand from the adjacent Urban Footprint of Coolum Beach and its proximity to the Sunshine Motorway interchange may also be attractive to passing motorists from surrounding areas within the region.

In light of this determination, sections 2.5(a) to (g) of the regulatory provisions did not apply, requiring the OUM to assess the application for compliance against Section 2.5(h). This is a very difficult test.

I trust this clarifies the situation in regards to the OUM's current assessment of the application.

Regards

David Heyden Office of Urban Management Department of Infrastructure and Planning DSDIP - RTI Release

RTI Document No. 32 Queensland Government Level 4, 102 George Street (Executive Annexe), Brisbane PO Box 15009 City East OLD 4002 Ph: 324 75413 Fax: 3235 4563 Email: [email protected]

www.infrastructure.qld.gov.au

This advice is provided by the Office of Urban Management ('OUM') as an information resource only and should not be treated as an exhaustive statement on the matter discussed.

While OUM believes that this information will be of assistance to you, it is provided on the basis that you are responsible for making your own assessment of the topics discussed.

OUM expressly disclaims all liability (including but not limited to liability for negligence) for errors or omissions of any kind whatsoever or for any loss (including direct and indirect losses), damage or other consequence which may arise from your reliance on the information provided. c OUM is not, through the issuance of this information, engaging in rendering to you any legal or other professional service. You are encouraged to seek independent advice.

DSDIP - RTI Release

RTI Document No. 33 1 •

JM Received SCHOMBURGK PLANN I NG PTY LTD 1 5 OCT l001 Town Planning Consultant! Our Ref: 06013 Council Ref: MCU07/0089 OUM RE F: T3212

12th October 2007

Office of Urban Management PO Box 15009 City East QLD 4002

ATTENTION: CONCURRENCE AGENCY - David Rowland

Dear Sir/Madam, c RE: Development Application Proposed Convenience Restaurant, Motel and Service Station Yandina-Coolum Road, Coolum Beach Lot 100 on SP161821 Council Ref: MCU07 /0089 OUM REF: T3212

In accordance with section 3.3.3(1) of the Integrated Planning Act 1997 we hereby provide the referral agency (concurrence agency) a copy of the 4th Amended Acknowledgment Notice, which was issued by Council on the gth October 2007, and a copy of the amended ( ; development plans.

The application is now for a Material Change of Use for a Development Permit for Convenience Restaurant, Motel and Service Station.

We trust that this is the information you require to process this application, however should you have any questions in relation to this matter please do not hesitate to contact me direct.

Yours faithfully Schomburgk Planning Pty Ltd

Sch.Cameron 4(4)(6) Adams Phone 07 5444 1888 Associate Fax 07 5444 7506

Web www .schomplan.com.au Enc: Maroochy Shire Council Acknowledgement Notice Amended development plans PO Box 612 cc: DMaroochyS ShireD CouncilI P- Development - AssessmentR TI ReleaMooloolabase Qld 4557 6/ 115A Point Cartwright Drive Buddina Qld 45 75

RTI Document No. 34 A8No81 167441 088 Queensland Government

Office of Urban Management Please quole: File No T3212/TN122849/DR23/DIP Council reference: MCUOl/0089 Department of Infrastructure Enquiries: David Heyden E-mail address: [email protected]

18 September 2007

Mr John Knaggs Chief Executive Office Maroochy Shire Council PO Box 76 NAMBOUR QLD 4560

Attention: Nicole Joyce

Dear Mr Knaggs

APPLICATION FORMA TERIAL CHANGE OF USE FOR A PROPOSED CONVENIENCE RESTAURANT, HOTEL, MOTEL AND SERVICE STATION AT YANDINA-COOLUM ROAD, COOLUM BEACH

The Office of Urban Management (OUM), received the above development application on 12 July 2007.

The South East Queensland Regional Plan 2005-2026 Amendment 1 (SEQ Regional Plan), released and having effect as of 31 October 2006, applies to this application. ·

The OUM considers the proposal to be an "urban activity" as defined under the regulatory provisions of the SEQ Regional Plan, on land located in the Regional Landscape and Rural Production Area (RLRPA). On this basis, the OUM provide the following advice.

Advice Principles and Policies of the SEQ Regional Plan As the assessment manager, Maroochy Shire Council is required to assess.the proposal against the SEQ Regional Plan. The OUM recommend Maroochy Shire Council give appropriate weight to the relevant principles and policies of the SEQ Regional Plan, in particular those relating to Regional Landscape areas (DRO 3), Rural planning (Section 5.2) and Urban structure (Section 8.1). Level 4 Executive Annex 102 George St Brisbane PO Box 15009 City East Queensland 4002 Australia FreecalltSoo 0~1 818 Telephone +617 3247 5446 .. Facslmllle +61 T3235 4563 Email [email protected] DSDIP - RTI ReWebsitele www.oum.qld.gov.auas e ABN 25 166 523 889

RTI Document No. 35 Sections 2.4 and 2.5 of the regulatory provisions of the SEQ Regional Plan The planning report submitted by the applicant attempted to justify the proposed development against section 2.5(c) of the regulatory provisions. Following a review of the application, the OUM considers the use of the exclusions referred to in Section 2.4(2) have been misinterpreted.

The OUM advise that subsections (b) to (f) do not operate in a cumulative fashion and, consequently, the combined scale of the proposed development far exceeds the scale of development allowed within the RLRPA under section 2.4(2) of the regulatory provisions. As a result, the proposed development did not comply with the requirements of section 2.5(c).

More specifically, the proposed development did not comply with Section 2.5(c) for the following reasons:

1. Catering for a local demand (section 2.5(c))

The proposed development will not predominately cater for a local demand outside both the Urban Footprint and a rural village. The service station and Hotel is likely to generate demand from the adjacent Urban Footprint of Coelum Beach and its proximity to the Sunshine Motorway interchange may also be attractive to passing motorists from surrounding areas within the region.

2. Gross floor area and associated outdoor area (section 2.5(c)(ii) and (iii))

The gross floor area and associated outdoor area for the proposed 2 development both far exceeds the required 500 m .

Under this provision, the gross floor area of only one of the identified activities in section 2.4(2) (c) to (f) can be excluded from the total gross floor area. The same applies for the associated outdoor area requirements. Therefore, the gross floor area and associated outdoor area is not limited to just the service station and restaurant, as referred to in the report.

Accordingly, sections 2.5(a) to (g) did not apply, requiring the application to demonstrate compliance with Section 2.5(h), which has not been demonstrated by the applicant.

To discuss this matter further, please contact David Heyden by telephone (3247 5413) or e-mail.

Yours sincerely

Sch. 4(4)(6) David Rowland Principal Planner Regional Planning Office of Urban Management DDepartmentSD of IInfrastructureP - and R PlanningT I Release N:\CTS\2007\122849 Maroochy Shire Council Application Coelum Beach.doc Page 2 of 2

RTI Document No. 36 Our Reference: T3212 Council Reference: MCU07/0089 Enquiries: David Heyden E-mail address: [email protected]

26 July 2007

Mr JT Barns C/- Schomburgk Planning PO BOX 612 MOOLOOLABA QLD 4557

Attention: Cameron Adams ( APPLICATION FOR MATERIAL CHANGE OF USE FOR A PROPOSED CONVENIENCE RESTAURANT, HOTEJ-, MOTEL AND SERVICE STATION AT YANDINA-COOLUM ROAD, COOLU BE ACH.

Dear Cameron

The Office of Urban Ma n~ement (OU~). as a concurrence agency, received the above development application o ~ 13 July 2007. The following advice and request for additional information is provided.

ADVICE

Regulatory Provisions

The application was lodged with Maroochy Shire Couneil on 14 June 2007 and therefore the South East Queensland Regional Plan 2005-20l6 Amendment 1 (SEQ Regional Plan), released and having effect as of 31 October 2006, aP,plies to this application. ( As the application involves a material change of use for an urban activity in the Regional landscape and Rural Production Area of the SEQ Regional Plan, it is assessable development that requires impact assessment under Division 2 (sections 2.4 and 2.5) of the regulatory provisions.

Assessment criteria under Section 2.5 of the regulatory provisions

The planning report has attempted to justify the proposed development against section 2.5(c) of the regulatory provisions. Following a review of the application, the use of the exclusions referred to in Section 2.4(2) ~ ~as been misinterpreted. Therefore, the combined scale of the proposed development far exceeds the scale of development allowed within the RLRPA underj· tlle;re~~As a result, the proposed development does not comply with the re uirements of section 2.5(c~nd is not supported by the OUM. -...... v, \ 1D· SDIP - RTI Release ~--(.. \11> 2·4-(-,) t - ( ~

RTI Document No. 37 More specifically, the proposed development does not comply with Section 2.5(c) for the following reasons:

1. Catering for a local demand (section 2.5(c))

2. Gross floor area and associated outdoor area (section 2.5(c)(ii) and (iii))

The gross floor area and associated outdoor area for the proposed development both far 2 exceeds the required 500 m .

Compliance with the regulatory provisions

Due to the proposed development not catering for a local demand, Section 2.5(a) to (g) do not apply. Accordingly, the application will be required to demonstrate compliance with Section 2.5(h).

INFORMATION REQUEST

1. Demonstrate how the proposal complies with the locational requirements and overriding need in the public interest tests in Section 2.5(h). The following guidance is provided:

Schedule 3: How to determine overriding need in the public interest

To determine an overriding need in the public interest an applicant must establish- (a) the overall social, economic and environmental benefits ofthe material change of use weighed against- (i) any detrimental impact upon the natural values of the site; and (ii) conflicts with the desired outcomes of the Regional Plan, especially in relation to promoting consolidation of development within the Urban Footprint and preventing land fragmentation in the Regional Landscape and Rural Production Area or Investigation Area; and (b) that the community would experience significant adverse economic, social or environmental impacts if the material change of use proposal were not to proceed.

This may require an assessment to determine if the material change of use could reasonably be located within the Urban Footprint. DSDIP - RTI Release

RTI Document No. 38 The following do not establish an overriding need in the public interest- (a) activities with relatively few locational requirements such as residential development and shopping centres; or (b) interests in or options over the site; or (c) the site's availability or ownership.

Locational requirements necessitating its location outside the Urban Footprint

In considering whether an activity has a locational requirement necessitating its location outside the Urban Footprint it will be necessary to demonstrate the proposed use can not occur without a direct spatial association with an environmental feature, natural resource, item of regional infrastructure or rural activity located outside the Urban Footprint.

For further information or assistance on the OUM's comments in regard to the application, please contact David Rowland by telephone on 3237 1789.

Yours sincerely

Meredith Sinclair Manager Regional Planning Office of Urban Management

cc - Nicole Joyce, Maroochy Shire Council

DSDIP - RTI Release

RTI Document No. 39 SCHOMBURGK r- PLANNING PTY LTD ~~ , Town Planning Consultant! Our Ref: 06013 Council Ref: MCU0?/0089

11th July 2007

Office of Urban Management - PO Box 15009 City East QLD 4002

ATTENTION: CONCURRENCE AGENCY

Dear Sir/Madam,

RE: Development Application 0 Proposed Convenience Restaurant, Hotel, Motel and Service Station Yandina-Coolum Road, Coolum Beach Lot 100 on SP161821 Council Ref: MCU07/0089

I refer to the abovementioned development application lodged with Maroochy Shire Council on the 14th June 2007 and the Acknowledgement Notice from Council dated sth July 2007.

In accordance with section 3.3.3(1) of the Integrated Planning Act 1997 we hereby provide the referral agency (concurrence agency) outlined in the Acknowledgment Notice (Office of Urban Management) with the following;

(a) A copy of the application (including application forms); (b) A copy of the Acknowledgment Notice; and (c) The concurrence agency's prescribed application fee (no fee applies). C> The application is for a Material Change of Use for a Development Permit for Convenience Restaurant, Hotel, Motel and Service Station.

We trust that this is the information you require to process this application, however should you have any questions in relation to this matter please do not hesitate to contact me direct.

Yours faithfully Schomburgk Planning Pty Ltd

Sch. 4(4)(6) Cameron Adams Associate Phone 07 5444 1888 Fax 07 5444 7506 Enc: Development Application - Schomburgk Planning Pty Ltd Web www.schomplan.com.au Maroochy Shire Council Acknowledgement Notice cc: Maroochy Shire Council - Development Assessment POBox612 DSDIP - RTI ReleaMooloolabase Qld 4557 6/ 11 SA Point Cartwright Drive Buddina Qld 4575 RTI Document No. 40 ABN: 81 167 441 088 .

J~ ' ,, I

Your Reference: BY:··--·--·---···--·--- Our Reference: MCU07/0089 Enquiries: Nicole Joyce Direct Telephone: (07) 5475 9813 Direct Fax No.: (07) 5475 9827 ABN 60 983 072 606 Email: 5 July 2007

Mr JT Barns C/- Schomburgk Planning PO Box612 MOOLOOLABA OLD 4557

FIRST AMENDED ACKNOWLEDGMENT NOTICE Section 3.2.3 Integrated Planning Act 1997

PROPOSAL: CONVENIENCE RESTAURANT; HOTEL; MOTEL & ( SERVICE STATION

APPLICATION NO: MCU07/0089

PROPERTY NO: 93549

PROPERTY DESCRIPTION: LOT 100 SP 161821

ADDRESS: YANDINA-COOLUM RD COOLUM BEACH QLD 4573

APPLICANT: JAMES THOMAS BARNS

Development Approval

The application seeks development approval for the following:

Development Permit for Material Change of Use of Premises (Convenience Restaurant, Hotel, Motel and Service Station) l ~ Development Application (Superseded Planning Scheme)

Is the application for a Development Application (Superseded Planning No Scheme)?

Code Assessment

WiH Code Assessment be required? Yes

Applicable Codes:

Please quote our file reference number on your reply for fast tracking within Council Address: Maroochy Shire Council Postal: The Chief Executive Officer DCnr CunieS & BuryD StreetsI NambourP Q ld -Australia R TI MarooRchye Shirel Councile ase Telephone: (07) 5475 8501 POBox76 Facsimile: (072 5441 8338 Nambour Qld Australia 4560 ffrtiflf'·K:M?861C~®6fla% ochy.qld. gov.au Website: www.maroochy. cfffi~o\8/u4 RTIMade Document from recycled No. mate 41rials if' '

Operational Works Code Code for Integrated Water Management Code for the Development and Use of Motels Code for Mixed Use Premises Code for Waste Management in Commercial and Community Uses Code for Service Stations and Car Washing Stations

Impact Assessment

Will Impact Assessment be required? Yes

Public Notification Details

Is Public Notification required? Yes

Referral Agencies

Are Referral Agencies applicable? Yes

Concurrence

Clearing Vegetation Department Of Natural Resources & Water South East Region Attention: Jeff Guinea PO Box573 NAMBOUR QLD 4560

State Controlled Road Matters Department Of Main Roads North Coast (Gympie) PO Box 183 GYMPIE QLD 4570

SEQ - Regional Plan Office Of Urban Management PO Box 15009 CITY EAST QLD 4002

Department Of Natural Resources & Water South East Region Attention: Jeff Guinea PO Box573 NAMBOUR QLD 4560 DSDIP - RTI Release

PD-DA-FM56/6-24/5/2007 Page 2 of4 RTI Document No. 42 It is the responsibility of the applicant to give each referral agency within three (3) months of this acknowledgment notice a copy of:

• The application (including application form and supporting material) • This acknowledgment notice • Any applicable concurrence agency application fee

After complying with the above the applicant must give the assessment manager written notice of the day the applicant referred the application to each referral agency.

Note: Council officers will carry out the internal referral of the application for the ERA.

Information Request

The assessment manager may make a further Information Request.

Note: Regardless of this advice, any concurrence agency for the application may make an information request.

Project Manager: Nicole Joyce

Sch. 4(4)(6) TERRI BELL SENIOR PLANNER

DSDIP - RTI Release

PD-DA-FM56/6-24/5/2007 Page 3 of 4 RTI Document No. 43 ATTACHMENT 1

PUBLIC NOTIFICATION

1. The applicant must:

(a) Publish a notice at least once in a newspaper circulating generally in the local government's area; and (b) Place a notice on the land in the way prescribed under a regulation for 15 (or 30 where involving development listed in Schedules 7 and/or 8 of the Integrated Planning Regulation 1998) business days (not including any business days between and inclusive of 20 December and 5 January in the following year); and (c) Give a notice to the owners of all land adjoining the land; and (d) Ensure all advertising actions (a-c) are completed within 5 business days after the first of the actions is carried out; and (e) Be aware that the advertising period begins the day after the last action (a-c) is carried out; (f) Commence advertising within 20 business days of the day on which you are entitled to commence; (g) Within 3 months of the completion of the notification period the applicant must give written notice to the assessment manager that the applicant has complied with the requirements of the Act.

2. The notices must be in the approved form.

3. Requirements for placing public notices on land - Act, s 3.4.4

(a) The notice must be: • Placed on, or within 1.5 metres of the road frontage for the land; and • Mounted at least 300mm above ground level; and • Positioned so that it is visible from the road; and • Made of weatherproof material; and • Not less than 1200mm x 900mm. (b) The lettering on the notice must be: • For lettering in the heading, as indicated on the approved form of the notice - at least 50mm in height and in a bold style; or • For lettering in the subheadings, as indicated on the approved form of the notice- at least 25mm in height and in a bold style; or • For lettering not mentioned in paragraphs (a) and (b) - at least 25mm in height, of regular weight and in sentence case. (c) Each sentence in the notice must start on a new line. (d) If the land has more than 1 road frontage, a notice must be placed on each road frontage for the land. (e) The applicant must maintain the notice from the day it is placed on the land until the end of the notification period. (f) In this section "road frontage", for land, means- • The boundary between the land and any road adjoining the land; or • If the only access to the land is across other land - the boundary between the other land and any road adjoining the other land at the point of access.

DSDIP - RTI Release

PD-DA-FM56/6-24/5/2007 Page 4 of4 RTI Document No. 44 Queensland Government

Our Reference: T3212 Council Reference: MCU07/0089 Enquiries: David Heyden E-mail address: [email protected] Office of Urban Management Department of Infrastructure 26 July 2007

MrJT Barns C/- Schomburgk Planning PO BOX612 MOOLOOLABA QLD 4557

Attention: Cameron Adams

APPLICATION FOR MATERIAL CHANGE OF USE FOR A PROPOSED CONVENIENCE RESTAURANT, HOTEL, MOTEL AND SERVICE STATION AT YANDINA-COOLUM ROAD, COOLUM BEACH.

Dear Cameron

The Office of Urban Management (OUM) is extending the information request period by a further 10 business days without the app/icanfs agreement, pursuant to section 3.3.6(6) of the Integrated Planning Act 1997.

The OUM's information request period is now extended until 9 August 2007.

To discuss the application, please contact me on telephone on 3237 1789.

Yours sincerely

Sch. 4(4)(6) David Rowland Principal Planner, Regional Planning Office of Urban Management

cc- Nicole Joyce, Maroochy Shire Council

Level 4 Executive Annex 102 George St Brisbane PO Box 15009 City East Queensland 4002 Australia Freecall t8oo 021 818 Telephone +61 7 3247 5446 Facsimilie +61 7 3235 4563 Email [email protected] DSDIP - RTI RelWebsitee www.oum.qld.gov.auase ABN 25 166 523 889

RTI Document No. 45