Minor Change Council Report MCU19 0030.01

MCU19/0030.01 – MINOR CHANGE APPLICATION FOR A Material Change of Use - Multiple Housing - Type 4 Conventional (3 Units) – 217 and 219 gympie terrace, noosaville

Document information

Author	Development Planner, Tara Norley
Environment and Sustainable Development Department

Index	ECM/Application/MCU19/0030.01

Attachments	1. 	Approved Plans
2. 	Proposed Amended Plans

APPLICATION DETAILS
Application No.	MCU19/0030.01
Development Approval	Material Change of Use - Multiple Housing - Type 4 Conventional (3 Units)
Applicant	Gympie Terrace Noosaville Pty Ltd
Request Received On	30 October 2019

PROPERTY DETAILS
Property Address	217 and 219 Gympie Terrace, Noosaville Qld 4566
RP Description	Lot 1 on RP66483 and Lot 1 on RP70165
Land Area	Lot 1 on RP66483 – 524.36m² Lot 1 on RP70165 – 559.32m2
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Visitor Mixed Use
Overlays	Natural Hazards (Flood Hazard and Acid Sulfate Soils)
Assessment Type	Minor Change to Development Approval
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 10 December 2019 regarding Application No. MCU19/0030.01 to make a minor change to an existing approval for Multiple Housing - Type 4 Conventional (3 Units) situated at 217 and 219 Gympie Terrace, Noosaville Qld 4566 and:
A.	Approve the change.
B.	Amend Condition 2 to read as follows:
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
C1.0	N/A	Site Plan	16/05/19
C2.0	F	Basement	07/08/19
C3.1	F	Level 1	07/08/19
C3.2	D	Level 2	07/08/19
C5.0	N/A	Level 3	16/05/19
C6.0	F	Elevations	07/08/19
C6.1	F	Elevations	07/08/19
C7.0	N/A	Building Section – Terrace	07/08/19
C7.1	E	Building Section – Dining & Pool	07/08/19
C60.0	F	Pool Details – Level 1 (Ground)	07/08/19
C71.1	B	Stair Details (Fire Escape)	07/08/19
C71.2	N/A	Stair Details Perspective	07/08/19
C73.0	N/A	Pump House	07/08/19
28292-C1.1	A	Preliminary Driveway Plan, as amended and dated by SCG Consulting	17/04//2019
28292-OW5.2	A	Driveway Levels and Sections, prepared by SCG Consulting	17/04//2019
C.	Amend Condition 17 to read as follows:
17.	The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area. Landscaped planter boxes to extend along the length of the eastern and western façade of the building in accordance with Approved Plans MCU19/0030 Noosa Council 15 August 2019.
D.	Include the following additional conditions:
Fire Pump
46. 	The diesel fire pump housing is to be of a muted tone, with signage of a contrasting colour and easily distinguishable.
Meter Assembly
47.	The outlet side of the meter assembly located in the north western corner of the lot must be setback a minimum of 2 metres from the northern boundary.
E. 	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks approval to change to an existing development approval. The application material states:
This application seeks to change the approved plans in the following manner:
Basement:
New fire stairs exit. Fire services have advised that a further fire exit is required from the basement and that the existing driveway grade is too steep for use as an exit. The fire stair exit has been located to minimise impacts on the surrounding area and complies with side boundary setbacks and fire requirements.
Level 1:
Modified garden beds at front of site
Details of meter and booster areas at front of site
New fire stair exit along eastern side of building
Relocate bin area to rear of site
Diesel pump in south-western corner of site
Pool window to Gympie Terrace removed
Changes to ground level planters and pathways
Disable ramp at rear of building for access to lift
Level 2:
Drop down pelmet provided to ceiling of each unit which results in height of windows reducing 200mm.
Planter beds reduced along side of building.
Level 3
Drop down pelmet provided to each ceiling of each unit, which results in height of windows reducing 200mm.
Planter beds reduced along side of building.
The proposed changes are a result of further design and development and fire service regulations.
Additionally, changes are proposed to the eastern and western façade of the building, including a change in landscaping and articulation of the building.
background
A development approval for a Material Change of Use - Multiple Housing - Type 4 Conventional (3 Units) was approved by Council at the Ordinary Meeting on 15 August 2019. The Minor Change application is back before Council due to the original decision being made by Council. Three submissions were received in relation to the original application. The main planning issues with the original application were in regards to setbacks, height, view lines and privacy of adjoining properties. These issues were addressed throughout the assessment process and appropriately conditioned.
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.
The following codes from the Noosa Plan are applicable to this development:
Noosaville Locality Code;
Residential Uses Code;
Landscaping Code; and
Natural Hazard Overlay Code
The minor change application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.
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 changes are relatively minor in nature and do not result in a change of use or a dramatic change to the built form in terms or scale, bulk and appearance;
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 mattes prescribed by regulation;
the original application was impact assessable, therefore the change would not cause the application to change the level of assessment.
Applicant’s Request
The minor change application requests to change Condition 2 to reflect updated plans for the development. The applicant states that the proposed changes are a result of further design and development and fire service regulations.
Existing Condition
Condition 2
Approved Plans
2.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
C1.0	NA	Site Plan	16/05/19
C2.0	NA	Basement	16/05/19
C3.0	NA	Level 1	16/05/19
C4.0	NA	Level 2	16/05/19
C5.0	NA	Level 3	16/05/19
C6.0	NA	Elevations	16/05/19
C7.0	NA	Elevations	16/05/19
28292-C1.1	A	Preliminary Driveway Plan, as amended and dated by SCG Consulting	17/04//2019
28292-OW5.1	A	Driveway Levels and Sections, prepared by SCG Consulting As Annotated by Council	17/04//2019
Assessment of Request
The updated suite of plans has been assessed, with the following changes proposed:
New Fire Stairs from the Basement to Ground Level
New stairs are proposed in the south eastern corner of the building, along the eastern façade, providing a fire exit from the basement to ground level (exterior to the building).

Figure 1: New Fire Stairs Exit (Basement and Level 1)

Figure 2: New Fire Stairs Exit Render
The proposed stairs are considered a relatively minor addition, and do not dramatically change the built form of the building. The stairs have been designed to taper down towards the rear of the building to incorporate a screened waste storage area, and are to be clad with aluminium battens to provide further articulation to the eastern façade of the building. The fire stair slightly increases overall site cover, however the development still complies with site cover requirements of the planning scheme. In addition, at a 1.7 metre setback, the stairs comply with setback requirements under the planning scheme. The change is considered necessary and will improve the safety of the residents onsite.
Waste Storage Area
A waste storage area is proposed in the south eastern corner of the building, along the southern façade, providing room for the storage of six waste bins (refer to Figure 2, Figure 3 and Figure 4). The proposed waste storage area is provided in order to comply with Waste Storage conditions included in the original Development Permit.

Figure 3: New Waste Storage Area

Figure 4: Southern elevation
It is noted the area does not provide for green waste bins, however the applicant has provided the following statement:
As part of the Administration fund (which is a statutory requirement) the maintenance of the gardens and landscaped areas will be undertaken by a contractor who will take the green waste to the dump. This is significant as the upper two levels don’t have any private landscaped open space at ground level that would necessitate the need for a green bin.
The waste storage area is an imperviously paved area, correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties, therefore complying with the condition of the original Development Permit. The proposed waste storage area is considered a relatively minor addition, and does not impact the built form of the building.
Diesel Pump in South Western Corner of the Site
A diesel pump is proposed in the south western corner of the subject site (refer to Figure 5). The application material states:
The approved plans have been assessed by MRP Hydraulic and Fire Services Consultants who have advised that a diesel pump is required for the development. The consultant advised;
The pump is required to ensure satisfactory D-T-S fire hydrant flows and pressures are achieved in accordance with the BCA and AS2419 and located at the rear because it was considered less favourable from a building design perspective at the front of the development.
These diesel fire pump will be run and tested weekly in accordance with AS1851.
Standpipes at the front of the development will be limited to the standard Unity water standpipes. All other fire fighting standpipes will be contained within the H-patter Booster Cabinet.

Figure 5: Proposed Diesel Pump
The pump, at 3.6m wide, 1.2m deep and approximately 2.1m in height, is located to the rear of the property within a screened 2.2m high enclosure. The fence forming the rear and western portion of the enclosure is an existing 2.8m block fence. The pump requires a hardstand area to comply with fire requirements. The pump is not anticipated to have any adverse impacts on amenity from the street frontage, however due to proximity to the rear boundary, it is recommended the pump be painted in subdued tones. Advice from the applicant stated:
The pump housing is not required to be painted red, it can be painted out. Signage will be required to be painted in a contrasting colour and easily distinguishable
Therefore, the following additional condition is recommended:
Fire Pump
46. 	The diesel fire pump housing is to be of a muted tone, with signage of a contrasting colour and easily distinguishable.
The change is considered necessary and will improve the safety of the residents’ onsite and is therefore recommended to be supported.
Meter and Booster Assembly in North Western Corner of the Site
A meter assembly and booster assembly are proposed in the north western corner of the lot, along the street frontage.

Figure 6: Proposed Booster Assembly and Meter Assembly

Figure 7: Proposed Booster Assembly and Meter Assembly Render
The booster assembly is approximately 1.8m in height, whilst the meter assembly is approximately 1.1m in height (refer to Figure 7). The assembly areas are required to be at the road frontage due to fire regulations, with both pieces of equipment proposed to be setback approximately 1.4m from the front boundary. It is noted however that South East Queensland Water and Unitywater requires the meter assembly to be a maximum distance inside the boundary of 2m to the outlet side of the meter assembly. Therefore, the following condition is recommended to increase the proposed setback of the meter assembly to a minimum of 2m from the road boundary, complying with South East Queensland Water and Unitywater requirements whilst reducing the visual impact of the assembly areas from the street frontage.
Meter Assembly
47.	The outlet side of the meter assembly located in the north western corner of the lot must be setback a minimum of 2 metres from the northern boundary.
The change is considered necessary and will improve the safety of the residents’ onsite, and is therefore recommended to be supported.
Window Height Reduction on Each Unit
The change includes a 200mm drop down of the pelmet provided to ceiling, reducing the window height on each unit.

Figure 8: Reduced Pelmet
The change is considered a minor aesthetic change and is recommended to be supported.
Change to Eastern and Western Façades
The application includes a change to the eastern and western façade of the development.

Figure 9: Approved and Proposed Eastern Façade

Figure 10: Approved and Proposed Western Façade
The change is considered aesthetic only and relatively minor in nature. The wall does not exceed the maximum wall length of 15m allowable under The Noosa Plan, and each external wall plane incorporates at least one design element to add visual interest and amenity, including louvers and a mix of building material, creating diversity and visual interest.

Figure 11: Render of proposed façade changes
Change to Landscaping (Planters and Pathways)
Although indicative landscaping was shown on the original approved plans, the original Development Permit did not include an approved Landscaping Plan. An Operational Works application (OPW19/0205) has been lodged for landscaping. The landscaping plan lodged does not include planter boxes along the eastern and western façade of the upper level units, as was indicatively shown on the original approved proposal plans. Council has issued an Information Request requesting amended plans be provided that comply with the original approved plans for MCU19/0030.

Figure 11: Render of façade with planter boxes removed
The removal of the planter boxes along the Level 2 and Level 3 east and west façades is not supported, as the proposed landscaping was taken into consideration in the original assessment of the application, and was considered to provide additional visual interest and amenity to the side façades, particularly for adjoining properties. It is recommend Condition 17 be amended to read as follows:
17.	The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area. Landscaped planter boxes to extend along the length of the eastern and western façade of the building in accordance with Approved Plans MCU19/0030 Noosa Council 15 August 2019.
Change to Pool
The ‘window’ located in the side of the pool facing Gympie Terrace (refer to Figure 12) is proposed to be removed (refer to Figure 123).

Figure 12: Approved Pool Fence

Figure 13: Proposed Pool Fence
The change is considered minor and is recommended to be supported. An Operational Works application (OPW19/0205) has been lodged for landscaping, therefore any proposed landscaping along the road frontage in front of the pool fence will be assessed as part of the OPW application. The front fence is proposed to be setback 1m from the property boundary, and it is considered landscaping along the road frontage will soften the appearance and screen the bulk of the proposed front block wall fence.
Administrative Change
It is noted the original Approved Plans table listed in Condition 2 of the Development Permit included an error. This error will be corrected as part of this minor change application.

28292-OW5.1	A	Driveway Levels and Sections, prepared by SCG Consulting As Annotated by Council	17/04//2019
Figure 14: Incorrect Plan listed in original Development Permit
28292-OW5.2	A	Driveway Levels and Sections, prepared by SCG Consulting	17/04/2019
Figure 15: Corrected Plan to be included in updated Condition 2
draft planning scheme
Under the draft New Noosa Plan, the subject site is located within the Tourist Accommodation Zone, which reflects the intent of the current Visitor Mixed Use Zone under the existing Noosa Plan. No change in the assessment would result under the draft New Noosa Plan.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council specialists:
Development Engineer, Development Assessment
conclusion & reasons for decision
The application seeks a Minor Change to a Development Permit for a Material Change of Use - Multiple Housing - Type 4 Conventional (3 Units) at 217 and 219 Gympie Terrace, Noosaville. A number of the proposed changes are in response to requirements relating to fire safety, and are therefore considered necessary and are supported. The remainder of the changes are considered minor aesthetic changes, complying with planning scheme requirements, and do not raise any concerns by Council. The proposed changes to the approved plans are considered relatively minor and will not result in substantially different development. The changes are minor and supported.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services		Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service		Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	10 December 2019

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