Minor Change Report 51989.108.17

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	51989.108.17
Development Approval	51989.108 DNA153
Applicant	Carma Building Group
Request Received On	9 February 2021
Report checked	Patrick – 26 March 2021

PROPERTY DETAILS
Property Address	25 Nannygai St Noosaville Qld 4566
RP Description	Lot 1 SP 141238
Land size	35,230.25m2
Existing Use of Land	Retirement Village (Laguna Retirement Estate)

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Noosaville
Zone	Medium Density Residential
Overlays	Acid Sulfate Soils Overlay Flood Hazard Overlay
Assessment Type	Minor Change to Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to demolish and rebuild existing Units 11, 12 & 33 within the Laguna Retirement Estate. This results in an increase of gross floor area (GFA) and site cover for the site as shown in Table 1 below.

Villa	Existing GFA (m²)	Proposed GFA (m²)	Increase in GFA per villa (m²)	Existing site cover (m²)	Proposed site cover (m²)	Increase in site cover per villa (m²)
11	87.4	112.3	24.9	106.5	152.7	46.2
12	87.4	112.3	24.9	106.5	152.7	46.2
33	80.6	102.7	22.1	107.8	139.8	32
Total	255.4	327.3	71.9			124.4
Table 1 – GFA and site cover

No increase in the number of bedrooms is proposed. The site location and proposal plans are included below.
.

Figure 1: Site Location

Figure 2: Site Plan Units 11 & 12

Figure 3: Site Plan Unit 33
background
A rezoning R139 from Rural to Special Facilities for a retirement village was granted on 21 November 1984.
A Development Notice Approval (DNA 153) for a Retirement Village, Stage 1 was issued on 5 September 1985 and 15 June 1989 for Stage 2. Combined Stage 1 & 2 is referred to as Stage 1 in later stages (Stages 2 & 3) of the development.
A Decision notice for a Material Change of Use for Aged Persons Home and Retirement Facility 132006.259 was issued on 17 August 2006 for 47 aged care accommodation units.
A change to an existing approval 51989.108.02 was approved by Council on 17 October 2007 for an extension to the dining room.
A change to existing approval 132006.259.03 was granted on 17 February 2012 removing community facilities and 47 aged care units and approving 6 independent living units no. 187 – 192.
A change to an existing approval 51989.108.03 was granted on 4 August 2014 for an increase in gross floor area and site cover to Units 36 & 47.
A change to an existing approval 51989.108.04 was granted on 27 October 2014 for an increase in gross floor area and site cover to Units 44, 45, 66 & 67.
A generally in accordance request was approved on 5 February 2015 for a patio roof on Unit 75.
A change to an existing approval 51989.108.05 was granted on 9 March 2015 for an increase in gross floor area and site cover to Units 8, 23 & 114.
A change to an existing approval 51989.108.06 was granted on 17 August 2015 for an increase in gross floor area and site cover to Units 46, 52 & 53.
A change to an existing approval 51989.108.07 was granted on 23 October 2015 for an increase in gross floor area and site cover to Units 34 & 59.
A change to an existing approval 51989.108.08 was granted on 10 June 2016 for an increase in gross floor area and site cover to Units 17, 25, 26 & 55.
A change to an existing approval 51989.108.09 was granted on 12 September 2016 for an increase in gross floor area and site cover to Units 16 & 56.
A change to an existing approval 51989.108.10 was granted on 3 February 2017 for an increase in gross floor area and site cover to Units 32, 42 & 61.
A change to an existing approval 51989.108.11 was granted on 10 July 2017 for an increase in gross floor area and site cover to Units 43, 48 & 72.
A change to an existing approval 51989.108.12 was granted on 28 August 2017 for an increase in gross floor area and site cover to Units 49 & 73 & reduce the approved gross floor area and site cover of Unit 72.
A generally in accordance request 51989.108.13 was approved on 29 March 2018 for a new patio roof to an apartment in the apartment building.
A change to an existing approval 51989.108.14 was approved on 9 May 2019 for an increase in gross floor area and site cover to Units 29, 30 & 31.
A change to an existing approval 51989.108.15 was approved on 24 June 2020 for an increase in gross floor area and site cover to Units 42, 43 & 60.
A change to an existing approval 51989.108.16 was approved on 20 January 2021 for an increase in gross floor area and site cover to Units 21, 37 & 38.

assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.

Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the proposal is minor in nature and the number of units or bedrooms is not changing;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new matters prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.

Statutory Instruments – Planning Scheme
Density, Site Cover and Gross Floor Area
The Planning Scheme in force at the time of the original development application for this site (51989.108) was the 1985 Noosa Planning Scheme. Table 2 below identifies population density, gross floor area and site cover provisions for the site based on the information available in relation to the original approval and the relevant comparison to Noosa Plan 2020.

Table 4 Density, site cover and gross floor area provisions
Criteria	Planning Scheme	Existing	With Proposed	Complies
Site Area	35,230m2			
Population Density	352.8 persons max	238.8 persons (no change from previous)	No Change	
Gross Floor Area	15,592m2 max (from previous)	Approx. 8963.6m2 (from previous)	9035.5m2	
Site Cover	40% max 14,112m2 (calculated)	31.06% approx. 10,944.8m2	31.2% approx. 11,008.3m2	

Flooding
Parts of the site are affected by the Flood Hazard Overlay.  The change to the subject villa’s are largely outside of the flood hazard overlay area.  However, flooding of parts of the site have previously been addressed in earlier change applications.  The following is extracted from the assessment report for 51989.108.16:
The most recent flood modelling predicts the 1% AEP level is 2.4m AHD for the subject site. This modelling includes climate change conditions to the year 2100. The minimum floor height required is 2.7m AHD (300mm freeboard above model).
The previous modelling has lesser flood levels (2.0 AHD – 2000 modelling and 1.9m AHD – 2013 Flood Hazard Mapping). It is to be expected the existing development was constructed to the minimum floor levels (floor height and freeboard) required at the time of construction.
The owner of the retirement village is acquiring villas when they become available and are renovating those villas after purchase. The applicant offers the following in response to raising the existing floors to meet the minimum floor level:
‘Obviously being predominantly renovation work then we are limited to what can be changed in relation to floor level. In most instances we keep the existing slab and the existing roof structure of the villa, and then add our extra area to the front and rea of the existing villa. The existing ceiling height in all the villas is 2400mm which is of course the absolute minimum under the Building Code, therefore it is not possible to raise the floor level. So if it come back that the floor level now required for the site is higher than the current villa floor levels I will be pointing out
The site is not being redeveloped en masse, we renovate the villas one at a time and they are attached to other villas
They are mostly renovations so the existing roof usually remains in place as it runs through adjoining villas, so floor level cannot be increased as we are already at the minimum ceiling height permissible;
The existing internal roadway/driveway remain in place at current levels, any increase in villa floor levels would have a severely negative impact on the aged residents access to their villa. The villas are already a considerable height above the existing circulation driveway and some pathways leading into villas are already very steep so an increase in floor level makes this situation even worse
A reasonably substantial amount of the increase in are that we provide in the renovated villas is non-habitable area ie alfresco and patio areas’
The proposed reconstruction of these existing dwellings will not increase the number of people at risk from flooding.  A flood emergency evacuation plan has previously been included as a condition of approval to ensure all residents are familiar with actions required during a flood event.

cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposed demolition and reconstruction of units 11, 12 & 33 results in an additional 71.9m2 GFA and 124.4m2 site cover.  The minor addition to the existing building footprints remain within the overall site cover and GFA provisions for the site.  The minor changes to units 11, 12 & 33 are supported.

RECOMMENDATION
With regard to Application No. 51989.108.17, to make a minor change to an existing approval a retirement village for Villas 11, 12 & 33 situated at 25 Nannygai St Noosaville described as Lot 1 SP 141238, Council on 26 March 2021 decided to:
A.	Approve the change.
B.	Amend Condition 1 to read as follows:
1.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered A444-WD 01A to A444-WD 04A, A368-WD, W368-2 and Proposed Floor Plan, 04122 SD-03 (dated August 2007) and additional approved plans listed in the following table unless otherwise amended by these conditions.

Plan No.	Rev.	Plan/Document Name	Date
August 2014 – Villas 36 & 47
LRV036 WD-02	A	Site Plan, prepared by Carma Building Group	17/03/14
LRV036 WD-03	B	Floor Plan, prepared by Carma Building Group	17/03/14
LRV036 WD-06	C	Elevations Sheet 1 of 2, prepared by Carma Building Group	22/05/14
LRV036 WD-07	C	Elevations Sheet 2 of 2, prepared by Carma Building Group	17/03/14
LRV047 WD-02	A	Site Plan, prepared by Carma Building Group	17/03/14
LRV047 WD-03	E	Floor Plan, prepared by Carma Building Group	09/06/14
LRV047 WD-06	B	Elevations Sheet 1 of 2, prepared by Carma Building Group	22/05/14
LRV047 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	17/03/14
October 2014 – Villas 44, 45, 66 & 67
LRV044 WD-02	A	Site Plan, prepared by Carma Building Group	Sept. 2014
LRV044 WD-03	B	Floor Plan, prepared by Carma Building Group	Sept. 2014
LRV044 WD-06	B	Elevations Sheet 1 of 2, prepared by Carma Building Group	Sept. 2014
LRV044 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	Sept. 2014

LRV045 WD-02	A	Site Plan, prepared by Carma Building Group	Sept. 2014
LRV045 WD-03	A	Floor Plan, prepared by Carma Building Group	Sept. 2014
LRV045 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	Sept. 2014
LRV045 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	Sept. 2014

LRV066 WD-02	A	Site Plan, prepared by Carma Building Group	Sept. 2014
LRV066 WD-03	A	Floor Plan Type 2B, prepared by Carma Building Group	Sept. 2014
LRV066 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	Sept. 2014
LRV066 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	Sept. 2014

LRV067 WD-02	A	Site Plan, prepared by Carma Building Group	20/10/14
LRV067 WD-03	A	Floor Plan, prepared by Carma Building Group	20/10/14
LRV067 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	20/10/14
LRV067 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	20/10/14
March 2015 – Villas 8, 23 & 114
LRV008 WD-02	A	Site Plan, prepared by Carma Building Group	28/01/15
LRV008 WD-03	A	Floor Plan, prepared by Carma Building Group	28/01/15
LRV008 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	28/01/15
LRV008 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	22/01/15

LRV023 WD-02	A	Site Plan, prepared by Carma Building Group	13/02/15
LRV023 WD-03	A	Floor Plan, prepared by Carma Building Group	13/02/15
LRV023 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	13/02/15
LRV023 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	13/02/15

LRV114 WD-02	A	Site Plan, prepared by Carma Building Group	22/01/15
LRV114 WD-03	A	Floor Plan, prepared by Carma Building Group	22/01/15
LRV114 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	22/01/15
LRV114 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	22/01/15
August 2015 – Villas 46, 52 & 53
LRV046 WD-02	A	Site Plan, prepared by Carma Building Group	09/06/15
LRV046 WD-03	A	Floor Plan, prepared by Carma Building Group	09/06/15
LRV046 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	09/06/15
LRV046 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	09/06/15

LRV 052 WD-02	A	Site Plan (villas 52 & 53), prepared by Carma Building Group	09/06/15
LRV 052 WD-03	A	Floor Plan (villas 52 & 53), prepared by Carma Building Group	09/06/15
LRV 052 WD-06	A	Elevations Sheet 1 of 2 (villas 52 & 53), prepared by Carma Building Group	09/06/15
LRV 052 WD-07	A	Elevations Sheet 2 of 2 (villas 52 & 53), prepared by Carma Building Group	09/06/15
October 2015 – Villas 34 & 59
LRV 034 WD-02	A	Site Plan, prepared by Carma Building Group	28/09/15
LRV 034 WD-03	A	Floor Plan, prepared by Carma Building Group	28/09/15
LRV 034 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	28/09/15
LRV 034 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	28/09/15

LRV 059 WD-02	A	Site Plan, prepared by Carma Building Group	28/09/15
LRV 059 WD-03	A	Floor Plan, prepared by Carma Building Group	28/09/15
LRV 059 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	28/09/15
LRV 059 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	28/09/15
June 2016 – Villas 17, 25, 26 & 55
LRV 017 WD-02	A	Site Plan, prepared by Carma Building Group	24/05/16
LRV 017 WD-03	A	Floor Plan, prepared by Carma Building Group	24/05/16
LRV 017 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	24/05/16
LRV 017 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group 24/05/16

LRV025 WD-02	A	Site Plan, prepared by Carma Building Group	24/05/16
LRV025 WD-03	A	Floor Plan, prepared by Carma Building Group	24/05/16
LRV025 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	24/05/16
LRV025 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	24/05/16

LRV055 WD-02	A	Site Plan, prepared by Carma Building Group and as annotated by Council	24/05/16
LRV055 WD-03	A	Floor Plan, prepared by Carma Building Group	24/05/16
LRV055 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	24/05/16
LRV055 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	24/05/16
September 2016 – Villas 16 & 56
LRV016 WD-02	A	Site Plan, prepared by Carma Building Group	15/08/2016
LRV016 WD-03	A	Floor Plan, prepared by Carma Building Group	15/08/2016
LRV016 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	15/08/2016
LRV016 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	15/08/2016

LRV056 WD-02	A	Site Plan, prepared by Carma Building Group	15/08/2016
LRV056 WD-03	A	Floor Plan, prepared by Carma Building Group	15/08/2016
LRV056 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	15/08/2016
LRV056 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	15/08/2016
February 2017 – Villas 32, 42 & 61
LRV032 WD-02	A	Site Plan, prepared by Carma Building Group	12/12/2016
LRV032 WD-03	A	Floor Plan, prepared by Carma Building Group	12/12/2016
LRV032 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	12/12/2016
LRV032 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	12/12/2016

LRV042 WD-02	A	Site Plan, prepared by Carma Building Group	12/12/2016
LRV042 WD-03	A	Floor Plan, prepared by Carma Building Group	12/12/2016
LRV042 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	12/12/2016
LRV042 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	12/12/2016

LRV061 WD-02	A	Site Plan, prepared by Carma Building Group	16/01/17
LRV061 WD-03	B	Floor Plan, prepared by Carma Building Group	03/0217
LRV061 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	16/01/17
LRV061WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	16/01/17
July 2017 – Villas 43, 48,& 72
LRV043 WD-02	A	Site Plan, prepared by Carma Building Group	12/06/2017
LRV043 WD-03	A	Floor Plan, prepared by Carma Building Group	12/06/2017
LRV043 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	12/06/2017
LRV043 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	12/06/2017

LRV048 WD-02	A	Site Plan, prepared by Carma Building Group	12/06/2017
LRV048 WD-03	A	Floor Plan, prepared by Carma Building Group	02/05/2016
LRV048 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	12/06/2017
LRV048 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	12/06/2017

LRV072 WD-02	B	Site Plan, prepared by Carma Building Group	05/09/17
LRV072 WD-03	B	Floor Plan, prepared by Carma Building Group	05/09/17
LRV072 WD-06	B	Elevations Sheet 1 of 2, prepared by Carma Building Group	05/09/17
LRV072WD-07	B	Elevations Sheet 2 of 2, prepared by Carma Building Group	05/09/17
September 2017 – Villas 49 & 73
LRV049 WD-02	A	Site Plan, prepared by Carma Building Group	21/08/17
LRV049 WD-03	A	Floor Plan, prepared by Carma Building Group	21/08/17
LRV049 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	21/08/17
LRV049WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	21/08/17

LRV073 WD-02	B	Site Plan, prepared by Carma Building Group	05/09/17
LRV073 WD-03	B	Floor Plan, prepared by Carma Building Group	05/09/17
LRV073 WD-06	B	Elevations Sheet 1 of 2, prepared by Carma Building Group	05/09/17
LRV073WD-07	B	Elevations Sheet 2 of 2, prepared by Carma Building Group	05/09/17
May 2019 – Villas 29, 30, & 31
LRV029 WD-03	A	Floor Plan, prepared by Carma Building Group	01/04/2019
LRV029 WD-06	A	Elevations, Sheet 1 or 2 prepared by Carma Building Group	01/04/2019
LRV029 WD-07	A	Elevations, Sheet 2 or 2, prepared by Carma Building Group	01/04/2019
June 2020 – Villas 42, 43 & 60
LRV042 WD-02	A	Site Plan, prepared by Carma Building Group	01/05/20
LRV042 WD-03	B	Floor Plan, prepared by Carma Building Group	17/06/20
LRV042 WD-06	B	Elevations Sheet 1 of 2, prepared by Carma Building Group	17/06/20
LRV042 WD-07	B	Elevations Sheet 2 of 2, prepared by Carma Building Group	17/06/20

LRV060 WD-02	A	Site Plan, prepared by Carma Building Group	01/05/20
LRV060 WD-03	A	Floor Plan, prepared by Carma Building Group	01/05/20
LRV060 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	01/05/20
LRV060 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	05/09/17
January 2021 – Villas 21,37 & 38
LRV021 WD-02	A	Site Plan, prepared by Carma Building Group	09/11/20
LRV021 SD-03	A	Floor Plan, prepared by Carma Building Group	09/11/20
LRV021 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	09/11/20
LRV021 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	09/11/20
LRV037 WD-02	A	Site Plan, prepared by Carma Building Group	09/11/20
LRV037 SD-03	A	Floor Plan, prepared by Carma Building Group	09/11/20
LRV037 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	09/11/20
LRV037 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	09/11/20
March 2021 – Villas 11, 12 & 33
LRV011 WD-02	A	Site Plan, prepared by Carma Building Group	08/02/21
LRV011 SD-03	A	Floor Plan, prepared by Carma Building Group	08/02/21
LRV011 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	08/02/21
LRV021 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	08/02/21
LRV033 WD-02	A	Site Plan, prepared by Carma Building Group	08/02/21
LRV033 SD-03	A	Floor Plan, prepared by Carma Building Group	08/02/21
LRV033 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	08/02/21
LRV033 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	08/02/21

C.            Note the report is provided in accordance with Section 83(9) of the Planning Act 2016

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EXISTING VILLAS 11 & 12
TO BE DEMOLISHED

& REBUILT

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SITE ENTRY

 

 

 

 

LAKE WEYBA DRIVE

 

 


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EXISTING VILLA 33
TO BE DEMOLISHED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SITE ENTRY

LAKE WEYBA DRIVE