L01 to NSC -lodge CA

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Those conditions in the existing development approval as relevant to this change application include the
following:

   Condition Carparking
   Off Street

   284. A Car Parking Management Plan shall be submitted to Council and shall be to the reasonable
   satisfaction of the Manager Land Use prior to the issue of a development permit for Operational Works
   detailing, at a minimum:

       284.1. Compliance with AS2890.1-2004,

       284.2. Construction parking provisions,

       284.3. Operational on-site carpark provisions addressing the following issues:
              284.3.1. Parking spaces within the Resort will not be titled, other than Resort Villa (Block A, B,
                       C, E, F & J) Garage spaces. Resort Villa Car parking spaces shall remain within the
                       pool of car parking spaces for the resort at all times;
              284.3.2. The theatrette located in Building D will be used for resort operations only and will not
                       be available for public use;
              284.3.3. At check-in, guests (with cars) will be allocated a parking bay for the duration of their
                       stay. Guests will be advised of their allocated parking bay location and provided with
                       details how to access this parking space;
              284.3.4. At check-in guests will be advised that any external visitors they may invite to the site
                       shall utilise the available at-grade parking spaces or contact reception to be allocated
                       a short-term parking space;
              284.3.5. During peak times guest carparking spaces may not be located within the same
                       building as their accommodation unit (if staying within Buildings D, G, H or I);
              284.3.6. All tandem carspaces shall be managed by valet carparking or other arrangements
                       satisfactory to Council;
              284.3.7. Persons without cars shall be allocated rooms wherever possible in Buildings I or H.
              284.3.8. Carspaces in Building V and I shall be made available and directions erected for
                       restaurant and conference room external customer use in order to meet demand;
              284.3.9. A 22 seat bus shall be available to provide a shuttle service at all times as required;
              284.3.10. The 4 car spaces located in the immediate vicinity of resort reception will be limited
                       to drop-off and pick-up and reception functions;
              284.3.11. Staff carparking will be allocated whenever possible to tandem spaces including
                       those in Building V or otherwise in basement carparks.
              284.3.12. A minimum of 20 spaces in the immediate vicinity of the Health Spa will be clearly
                       signed for Health Spa Parking only. When booking spa treatments, external guests
                       will be advised of the proximity of Health Spa to Hastings Street, the direct pathway
                       network between the Spa and Hastings Street and the limited amount of parking
                       provided on site.
              284.3.13. Upon booking a reservation, guests (particularly inter-state or international visitors)
                       will be encouraged not to use a motor vehicle (i.e. hire car) during their stay. The
                       guest will be advised of the provision of all essential services within close walking
                       distance of the resort;
              284.3.14. An airport pick-up/drop-off service between the site and Maroochy Airport will be
                       provided. This service will be offered on an as-needed basis.
              284.3.15. Conference attendees not utilising on-site accommodation and not located within
                       walking distance of the site will be advised that there is no on-site parking facilities
                       and offered a morning and afternoon shuttle bus service;
              284.3.16. The resort will provide a minimum of 10 scooters for the exclusive use of guests;
                       and
              284.3.17. Resort staff will be encouraged to utilise non-private car modes such as walking,
                       cycling and public transport. It is noted that the site is well positioned with relation to
                       Noosa’s public transport and pathway network.

       285.   Carparking shall be provided within the site as shown on drawing number 1013 DA-01-09
              Issue 5 dated 28 November 2006 prepared by JMA Architects Pty Ltd, except as modified
              herein.

       286.   A minimum of 319 carpark spaces, of which 293 are covered carpark spaces, 26 are
              uncovered; maximum 64 (32 x 2), are tandem spaces, shall be provided on site, including 9
              clearly defined disabled carpark space. Parking spaces within the Resort shall not be titled,
              with exception of the Villa Garages Car parks, which may be titled however shall remain as
              part of the Resort car parking pool.

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       287.    A minimum of 39 scooter park spaces will be provided on site.

       288.    The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for
               user class 2 with allowance for vehicles to enter and leave the site in a forward gear and with
               a minimum head clearance (headroom) at any point of 2.2m.

       289.    The proposed turning area at the end of any aisle shall be line-marked with chevrons and
               have the words “No Parking” painted on the pavement. A sign shall also be provided to
               indicate that the area is a “Turning Area Only” and that “No Parking is Permitted”.

       290.    All carparking shall be kept, maintained and line-marked in a condition fit for use.

       291.    The parking areas and access to the areas must be paved or sealed to the reasonable
               satisfaction of the Manager - Land Development.

       292.    The operator of the Resort shall provide adequate carparking spaces on site for staff of the
               Resort, alternatively staff may utilise the 22 constructed street-side bays on Viewland Drive
               detailed in SK 2004 Issue C. The operator shall not instruct staff to park elsewhere off-site.
               The community management statement for any or all bodies corporate having control of any
               part of the Resort shall reflect this condition.

The following conditions in the existing development approval are also noted:-

Condition 2 required development to be …’ undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans as may be amended by these conditions are prepared by
JMA Architects; and dated; and numbered as listed in’ … that table included in the existing development approval.

Condition 20 required the Development to….’ be undertaken strictly in accordance with the development
parameters specified’… in that condition for each approved building, except where otherwise specified in the
development approval.

Condition 134 required a Landscape Management Report to ….’be prepared for the site by an experienced
landscape architect in conjunction with a person holding appropriate horticultural qualifications. The
Landscape Management Report shall be prepared to the reasonable satisfaction of the Manager – Land
Use.’

The Car Park Management Plan as required by Condition 284 was compiled by S&K Car Park Management
Pty Ltd and understood to have been accepted by Council.


The Proposed Changes

The changes proposed in this change application can be summarised as follows:-

 1.    To create three (3) new car parking spaces in Common Property the Viridian Noosa CTS41478 (refer to
       Attachment A).

 2.    To use two (2) existing parking spaces (i.e. spaces numbered 16 and 17 on approved plans) in common
       property under the approved Restaurant and Conference Room Facility Building V (i.e. V Block) for cold
       storage ancillary to the approved Entertainment & Dining - Type 1 Food & Beverages (Conference Room &
       Restaurant) use (refer to Figure 1).

 3.    To use one (1) existing parking space (i.e. space numbered 29 on approved plans) also in common
       property under the approved Restaurant and Conference Room Facility Building V (i.e. V Block) for storage
       ancillary to the approved Visitor Accommodation - Type 4 Conventional (Resort) use (refer to Figure 1).

An insulated storage containers for cold and dry storage as an ancillary to the approved Entertainment & Dining -
Type 1 Food & Beverages (Conference Room & Restaurant) use will be positioned within carparking spaces
numbered 16 and 17 on approved plans in the existing development as illustrated in Figure 1 above.

That car parking space numbered 29 on approved plans will be used for storage that is ancillary to the approved
Visitor Accommodation - Type 4 Conventional (Resort) use.

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Figure 1: The Approved Plan for Parking in Common Property Under V Block showing proposed changes
to three carparking spaces.



Statutory Requirements

Minor change for an existing development approval is defined in the Planning Act 2016 as:

   ‘minor change means a change that—
   ….

   (b) for a development approval
        (i) would not result in substantially different development; and

       (ii) if a development application for the development, including the change, were made when the change
            application is made would not cause –

          (A) the inclusion of prohibited development in the application; or
          (B) referral to a referral agency, other than to the chief executive, if there were no referral agencies for
              the development application; or
          (C) referral to extra referral agencies, other than to the chief executive; or
          (D) a referral agency, in assessing the application under section 55(2), to assess the application against,
              or have regard to, a matter, other than a matter the referral agency must have assessed the
              application against, or had regard to, when the application was made; or
          (E) public notification if public notification was not required for the development application.’

“Substantially different development” is referenced in Schedule 1 of the State Development Assessment
Rules (”DA Rules”) includes any of the following:

   ‘4. A change may be considered to result in a substantially different development if any of the following apply to
       the proposed change:
       (a) involves a new use; or
       (b) results in the application applying to a new parcel of land; or
       (c) dramatically changes the built form in terms of scale, bulk and appearance; or
       (d) changes the ability of the proposed development to operate as intended;27 or
       (e) removes a component that is integral to the operation of the development; or
       (f) significantly impacts on traffic flow and the transport network, such as increasing traffic to the site; or
       (g) introduces new impacts or increase the severity of known impacts; or
       (h) removes an incentive or offset component that would have balanced a negative impact of the
               development; or
       (i)   impacts on infrastructure provisions.’

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It is considered that the proposed changes are a minor change under the Planning Act and the resulting
development will not be a substantially different development as defined above under the DA Rules.


Development Assessment

In assessing this Change Application, Council as its assessment manager must consider that planning scheme as in
effect when the original development application was properly made (S81 of Planning Act 2016). This change
application refers to this planning scheme as the originating planning scheme above. The Planning Act also provides
for Council to be able to give appropriate weight to, among other things, the planning scheme when the change
application was made. This is the current version of the 2020 Noosa Plan.

The site is currently included in the Visitor Accommodation Zone in the Noosa Heads Local Plan Area under the 2020
Noosa Plan.

The following comments are offered in relation to the assessment of this change application:

     1. This change application maintains the same number of total onsite parking spaces as required by
        Condition 246 in the existing development approval.

     2. The three proposed parking spaces remain to be on common property and are not titled nor within
        an exclusive use area as required by Condition 286 in the existing development approval.

     3. The three (3) proposed carparking spaces have been designed to comply with the provisions of AS
        2890.1-2004 for user class 2 as required by Condition 286 in the existing development approval.

     4. The proposed changes do not impact on access to/from and/or maneouvring associated with other
        parking spaces including those used by guests, visitors, staff, buggies, scooters, parking spaces for
        people with disabilities or access by service vehicles and the like, as required by the above conditions
        in the existing development approval and the originating planning scheme or current 2020 Noosa
        Plan.

     5. The provision of three (3) uncovered parking spaces to replace the three covered parking spaces is
        not considered to conflict with planning outcomes in the originating planning scheme or in the 2020
        Noosa Plan. These three proposed spaces could be signed to be utilised for staff parking if
        considered necessary by Council. In any regard, Condition 286 in the existing development stated
        that …’The operator of the Resort shall provide adequate carparking spaces on site for staff of the
        Resort, alternatively staff may utilise the 22 constructed street-side bays on Viewland Drive detailed
        in SK 2004 Issue C.’

     6. The small areas of landscaping utilised by the three proposed car parking spaces are not considered
        to conflict with planning outcomes in the originating planning scheme or in the 2020 Noosa Plan.
        These landscaped areas being utilised are well within the development and not being specifically
        utilised for purposes associated environmental management or buffer/screen planting.



Summary and Closure

The applicant proposes a minor change to the existing development approval (DA 132006.823) by those proposed
changes identified above. It is considered that the proposed changes comply with the relevant planning outcomes
in both the originating planning scheme and the 2020 Noosa Plan.

As a result it is requested that this change application be approved by Council by amending the existing
development approval to approve those changes identified above.

The following three (3) documents are attached as part of this change application:
   1.          The proposal plans by SCG Consulting Engineers for the three new parking spaces (Attachment A)
   2.          A completed Planning Act Form 5 (Attachment B)
   3.          A completed landowner’s consent to the making of this change application (Attachment C)


It is considered that the landowner’s consent to the making of this change application is only required from the Body
Corporate of Viridian Noosa CTS41478 and is not required from any owners of those lots created in the
completed development of the existing development approval over the site under S79 (1A) of the Planning Act

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2016. Such a position has been established due to these lots being considered to be “excluded premises” and that
the change application does not materially affect these excluded premises.

It is requested that Council issue Martoo Consulting a payment made out to the applicant for Council’s assessment
fees of this change application so that the applicant can pay Council directly.

Please contact me on mobile 0409632830 or [email protected] if Council requires any further information
and/or clarification in relation to this change application.


Yours faithfully,




Greg Martoo
Principal
martoo consulting pty ltd


Encl (3)