Minor Change Assessment · 132008.176.06

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Changes to the following conditions are requested:

Condition 1

To ensure consistency with the construction footprint, recently updated Koala Tree Survey
Plan and the purse of State code 25, we request that condition 1 be amended as follows:

No koala habitat trees on the subject site will be removed or disturbed as a consequence of
the operational works except for 82 non-juvenile koala habitat trees identified as ‘Removed’ on
Non-juvenile koala habitat trees within mapped koala habitat areas within the subject site are
only removed in accordance with KTSP04: Trees Retained and Removed, prepared by Litoria
Consulting, drawing reference 22011 KTSP04, issue B C, dated 10/10/2023 30 January 2025.

Refer to Litoria Consulting correspondence within Appendix 1.

Condition 2

To ensure consistency with Councils Decision Notice, which requires a Fauna Management
Plan (including specific koala management measures), we request that condition 2 be
amended as follows:

Prior to any building or operational works being undertaken prepare a Koala Fauna
Management Plan, which must …

AND

(d) Submit the Koala Fauna Management Plan to the Department of Environment and Science
at [email protected]

(e) Implement the management measures contained in the Koala Fauna Management Plan.

Refer to Litoria Consulting correspondence within Appendix 1.

Condition 7

To avoid confusion with the Fauna Management Plan required by Council, which outlines
clearing and construction measures, and to demonstrate compliance with condition 7 by
illustrating koala design measures on a drawing, we request that condition 7 be amended as
follows:

(a) Provide a Fauna Management Rehabilitation Plan prepared by a suitably qualified and
    experienced person, in accordance with the Koala Sensitive Design Guideline (Version 3),
    prepared by the Department of Environment and Science and dated December 2022, to
    minimise impacts to koalas and other wildlife inhabiting or moving through the site …

(b) Submit the Fauna Management Rehabilitation Plan to the Department of Environment and
    Science at [email protected].

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   AND

(c) Implement the management measures contained in the Fauna Management Rehabilitation
    Plan.

Refer to Litoria Consulting correspondence within Appendix 1

Condition 8

Condition 8 requires the development to provide a private bus stop on the Serenity Close
frontage of the site, with a minimum capacity for single unit rigid bus of 14.5m in length.

As detailed in the application material and required by SARA condition 9 and Council condition
38, the hotel will have a minibus service, with the Porte Cochere/ set down area designed to
cater for a minibus. The target market for the hotel does not include tour groups and as such
large buses will not require access to the site or to park within the site or surrounding streets.
This is consistent with the operation of the applicants Calile hotel in James Street, Brisbane
and which does not cater for tour groups or large buses.

Both the applicant and Council have also received concerns from residents in Serenity Close
about the negative impacts that large bus movements will have.

Accordingly, on the basis that a single unit rigid bus of 14.5m in length is not needed to service
the development and will have detrimental impacts upon Serenity Close residents, we request
that condition 8 be deleted. Deletion of the condition will not change the developments
compliance with state code 6.

Condition 9

Condition 9 (a) requires a passenger loading zone adjacent to the check-in lounge and
reception at the location shown on Plan- GA-Ground Floor, prepared by Richards and Spence,
drawing reference SD-A-01- 03-G, revision K, dated 05/07/2023, as amended in red.

The plan reference included in this condition is no longer current and does not reflect the
approved form of development.

The attached Ground floor plan is the most current plan and includes the provision of a
passenger loading zone near to the check-in lounge and reception as required by condition 9.

Accordingly, we request that condition 9 be amended to reference Plan-GA- Ground Floor,
prepared by Richards and Spence, drawing number AR-01-03-G, revision B, dated
30/08/2024.


MINOR CHANGE ASSESSMENT
The Planning Act 2016 defines a minor change as:

A minor change, for a development approval, is a change to the approval that —

      i.   would not result in a substantially different development; and

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The DA Rules state:

In determining whether the proposed change would result in substantially different
development, the assessment manager or referral agency must consider the individual
circumstances of the development, in the context of the change proposed.

 Description / Provisions                  Comment / Response
 A change may be considered to result in a substantially different development if the
 proposed change:

 •   Involves a new use; or                  No new land use is proposed.

 •   Results in the application applying to No new land is included as part of the
     a new parcel of land; or               application.

 •   Dramatically changes the built form in The proposed changes do not
     terms of scale, bulk and appearance; dramatically change the built form in
     or                                     terms of scale, bulk and appearance.

 •   Changes the ability of the proposed No changes are made to the proposed
     development to operate as intended development to impede its operations.
     (for example, reducing the size of a
     retail complex may reduce the
     capacity of the complex to service the
     intended catchment); or

 •   Removes a component that is integral The proposed changes do not involve
     to the operation of the development; removal of a component that is integral
     or                                   to the operational of the development.

 •   Significantly impacts on traffic flow The proposed changes do not result in
     and the transport network, such as significant impacts on traffic flow and the
     increasing traffic to the site; or    transport network, such as increasing
                                           traffic to the site.

 •   Introduces new impacts or increases The proposed change does not
     the severity of known impacts; or   introduce any new impacts, nor will it
                                         increase the severity of known impacts.

 •   Removes an incentive or offset No incentive or offset components
     component that would have balanced incorporated.
     the   negative   impact   of   the
     development; or

 •   Impacts on infrastructure provisions.   The proposed development does not
                                             impact upon infrastructure provisions.

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     ii.     if a development application for the development, including the change, were
             made when the change application is made would not cause—

           Description / Provisions                  Comment / Response

           A. the   inclusion   of    prohibited No prohibited development proposed.
              development in the application; or

           B. referral to a referral agency, other The application triggered referral.   No
              than to the chief executive, if there additional referrals are required.
              were no referral agencies for the
              development application; or

           C. referral to extra referral agencies, No extra referrals are required.
              other than to the chief executive; or
           D. a referral agency to assess the No additional referral assessment
              application against, or have regard triggers/aspects are required.
              to,    matters     prescribed     by
              regulation under section 55(2),
              other than matters the referral
              agency must have assessed the
              application against, or have had
              regard to, when the application was
              made; or

           E. public     notification if  public No change.
              notification was not required for
              the development application.


Accordingly, the subject change is a minor change.


CONSISTENCY ASSESSMENT
Pursuant to Clause 81 (4) & (5) the responsible entity must consider the statutory
instrument, or other document, as in effect when the development application for the
development approval was properly made.

However, the responsible entity may give the weight the responsible entity considers is
appropriate, in the circumstances, to—
   (a)    the statutory instrument or other document as in effect when the change
          application was made; or
   (b)    if the statutory instrument or other document is amended or replaced after
          the change application is made but before it is decided—the amended or
          replacement instrument or document; or
   (c)    another statutory instrument—
          (i)     that comes into effect after the change application is made but before
                  it is decided; and
          (ii)    that the responsible entity would have been required to consider if the
                  instrument had been in effect when the development application for
                  the development approval was properly made.

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Comment: There has been no change to the Planning Act, Planning Regulation or relevant
state codes since the lodgement and assessment of the “other change’ application associated
with the current approval.

The development remains consistent with all relevant outcomes.


CONCLUSION
The requested changes do not compromise the outcomes required under the state codes and
will reconcile minor discrepancies between the Council and SARA conditions.

Approval of the change is warranted.


Should you have any questions with respect to the above, please do not hesitate to contact
me direct.


Yours faithfully
PROJECT URBAN




Scott Sobey
DIRECTOR
Email: [email protected]

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APPENDIX 1
Litoria Consulting correspondence


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PROJECT
URBAN

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APPENDIX 1

 

Litoria Consulting correspondence

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litoria consulting
PO Box 461
Paddington 0 4064

Level 3/22 Wandoo Street
Fortitude Valley 0 4006

T 07 3852 4855

Our Ref; 22011 [email protected]
litoria.com.au

10 February 2025

Scott Sobey

Director

Project Urban

via email: [email protected]

Dear Scott,

RE: MINOR CHANGE APPLICATION SUPPORTING INFORMATION - 3 AND 7 SERENITY CLOSE,
NOOSA HEADS (LOT 11 SP195871 AND LOT 10 SP 335472).

| refer to the State Assessment Referral Agency (SARA) referral agency response with
conditions (dated 26 October 2023) (SARA Ref.: 2210-31715 SRA) for the aforementioned
property and provide the following information to support a minor change application.

On 24 October 2024, Noosa Shire Council issued a decision notice for an Other Change
(Council Ref.: 132008.176.05). This minor change application arises from further changes
to the development layout approved by Council following the Referral agency response -
with conditions (dated 26 October 2023) (SARA Ref.: 2210-31715 SRA). The plans
approved by Council are enclosed and include minor amendments compared to SARA's
approval, such as refined pedestrian access in the northern extent of the site; however, the
development location is generally the same. In addition, a construction footprint, which
includes all works required to construct the approved development (e.g., building
footprint, scaffolding, construction routes for vehicles, earthworks, services installation),
has been provided by the project architects and engineers to address operational work
requirements as a result of Council’s decision notice. A plan of the construction footprint is
enclosed.

The reasons for this minor change application are two-fold:

1. To provide updated plans, including an updated Koala Tree Survey Plan (Litoria
Consulting, Issue C, 30 January 2025) (encl.) which provides a reassessment of
impacts to non-juvenile koala habitat trees based on the construction footprint;
and,

2. To reconcile minor inconsistencies between the Council and SARA permit
conditions.

Based on the above items, we request the following changes in regard to SARA’s
conditions:

102 £88 429 2p NAV

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Condition 1

No koala habitat trees on the subject site will be removed or disturbed as a
consequence of the operational works except for 82 non-juvenile koala habitat trees
identified as ‘Removed’ on KTSPO4: Trees Retained and Removed, prepared by
Litoria Consulting, drawing reference 22011 KTSPO4, issue B, dated 10/10/2023.

To ensure consistency with the construction footprint, recently updated Koala Tree Survey
Plan and the purpose of State Code 25, we request that Condition 1 be amended as
follows:

Non-juvenile koala habitat trees within mapped koala habitat areas within the subject
site are only removed in accordance with KTSPO4: Trees Retained and Removed;
prepared by Litoria Consulting, drawing reference 22011 KTSPO4, Issue C, dated 30
January 2025.

Condition 2

Prior to any building or operational works being undertaken prepare a Koala
Management Plan, which must...

AND

(da) Submit the Koala Management Plan to the Department of Environment and
Science at [email protected]
(e) Implement the management measures contained in the Koala Management Plan.

To ensure consistency with Council’s decision notice, which requires a Fauna Management
Plan Cincl. specific koala management measures), we request that Condition 2 be amended
as follows:

Prior to any building or operational works being undertaken prepare a Fauna
Management Plan, which must...

AND

(ad) Submit the Fauna Management Plan to the Department of Environment and
Science at Koala, Compliance@des, g/d. gov.au,

AND

(e) Implement the management measures contained in the Fauna Management Plan.

LORI 213

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Condition 7

(a) Provide a Fauna Management Plan prepared by a suitably qualified and
experienced person, in accordance with the Koala Sensitive Design Guideline
(Version 3), prepared by the Department of Environment and Science and
dated December 2022, to minimise impacts to koalas and other wildlife
inhabiting or moving through the site...

(b) Submit the Fauna Management Plan to the Department of Environment and

Science at [email protected]

(c) Implement the management measures contained in the Fauna Management
Plan.

To avoid confusion with the Fauna Management Plan required by Council, which outlines
clearing and construction measures, and to demonstrate compliance with Condition 7 by
illustrating koala design measures on a drawing, we request that Condition 7 be amended
as follows:

(a) Provide a rehabilitation plan prepared by a suitably qualified and experienced
person, in accordance with the Koala Sensitive Design Guideline (Version 3),
prepared by the Department of Environment and Science and dated
December 2022, to minimise impacts to koalas and other wildlife inhabiting or
moving through the site...

(b) Submit the rehabilitation plan to the Department of Environment and Science
at [email protected]
(c) Implement the management measures contained in the rehabilitation plan.
If there are any matters that you wish to discuss, please do not hesitate to contact me.

Sincerely,

Ut

Daniel Clowes BAppSc (EnvSc) DipArb MEIANZ MESA MISA
Director

Encl.: Site Plan - Proposed - Tree Survey (Richards & Spence, Drawing No. AR-001.05,
Rev. D, 20/01/2025)
Koala Tree Survey Plan (Litoria Consulting, Issue C, 30 January 2025)

LORI 313