Council Report 132005.1133.7

132005.1133.07 REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR 145 Multiple Dwelling Units and Associated Facilities, Shop, Restaurant, Multi-Function Room and Gym FOR 75 RESORT DRIVE NOOSA HEADS

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development

Index	ECM/Application/132005.1133.07

Attachments	1.	Current approved plans
2.	Proposed plans

APPLICATION DETAILS
Applicant	Altum Constructions
Proposal	Material Change of Use - Change to Development Approval
Properly Made Date	29 November 2017
Decision Due Date	4 January 2018

PROPERTY DETAILS
Property Address	75 Resort Drive, Noosa Heads
RP Description	Lot 7 SP178340 (formerly Lot 3 SP221524 & Lot 3 SP 178323)
Land Area	4.262ha
Existing Use of Land	Vacant: vegetation has been removed and earthworks associated with approval have commenced

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Semi-Attached Housing
Overlays	Environmental Enhancement Area Low Potential Acid Sulphate Soils Landslide Hazard Areas Medium Bushfire Hazard Area
Assessment Type	Change to Approval
RECOMMENDATION
That Council note the report by the Coordinator Planning to the General Committee Meeting dated 15 January 2018 regarding Application No. 132005.1133.7 for a Development Permit for a Material Change of Use for a Resort of 145 Multiple Dwelling Units and Associated Facilities - Shop, Restaurant, Multi-Function Room and Gym situated at 75 Resort Drive Noosa Heads, and
A.	Amend the description of the development in the Decision Notice to read Material Change of Use for 137 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym.
B.	Agree to change conditions 1, 2, 8, 33, 47, 64, 72, 81, and 83 as follows:
1.	Prior to the issue of an operational works approval for civil works for each stage of the development, fully detailed architectural proposal plans relevant to each stage must be submitted for Council approval.  Detailed plans must provide the following details as a minimum:
1.1	Full architectural building elevations;
1.2	Detailed roof plans and ground level contours demonstrating compliance with the development’s 8m/12m building height limits above natural and finished ground levels;
1.3	Landscaping areas demonstrating compliance with Condition 5 herein;
1.4	The location of proposed stormwater management/treatment devices;
1.5	Consistency with all management plans for the development;
1.6	Building colour schemes demonstrating compliance with Condition 8 herein; &
1.7	Vehicle manoeuvring areas and temporary turning provisions.
2.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed below and are as amended by the conditions herein.
Plan No.	Rev.	Plan/Document Name	Date
7038-DA01	12	Altum Constrcutions Masterplan Noosa Springs Resort prepared by Blackburne Jackson Design	03-11-17
7038-DA03	10	Carparking/Basement prepared by Blackburne Jackson Design	29-09-17
7038-DA04	11	Ground Floor prepared by Blackburne Jackson Design	29-09-17
7038-DA05	10	First Floor prepared by Blackburne Jackson Design	29-09-17
7038-DA06	10	Second Floor prepared by Blackburne Jackson Design	03-11-17
7038-DA07	08	Site Section prepared by Blackburne Jackson Design	29-09-17
7038-DA08	09	Site Section prepared by Blackburne Jackson Design	29-09-17
7038-DA09	14	Indicative Apartment Layouts prepared by Blackburne Jackson Design	29-09-17
7038-DA10	12	Indicative Apartment Layouts prepared by Blackburne Jackson Design	29-09-17
7038-DA11	08	Perspective sketches prepared by Blackburne Jackson Design	29-09-17
7038-DA12	08	Perspective sketches prepared by Blackburne Jackson Design	29-09-17
7038-DA13	07	Overall staging plan prepared by Blackburne Jackson Design	29-09-17
7038-DA14	06	Finishes Palette prepared by Blackburne Jackson Design	29-09-17
7038-DA15	06	Resort Facilities Floor Plan prepared by Blackburne Jackson Design	29-09-17
7038-DA16	05	Facilities Elevations prepared by Blackburne Jackson Design	29-09-17
7038-DA17	03	Indicative Apartment Layouts prepared by Blackburne Jackson Design	29-09-17
7038-DA19	06	Building 15 Elevations prepared by Blackburne Jackson Design	29-09-17
7038-DA20	06	Block 18 Elevations prepared by Blackburne Jackson Design	29-09-17
7038-DA21	06	Building 3 Elevations prepared by Blackburne Jackson Design	29-09-17
7038-DA23	06	Block 2 Elevations prepared by Blackburne Jackson Design	29-09-17
7038-DA24	02	Block 15 Sections prepared by Blackburne Jackson Design	06-06-17
7038-DA25	03	Block 18 Sections prepared by Blackburne Jackson Design	29-09-17
DD1.1	F	Location Plan prepared by Sparks Architects	08-06-2017
DD1.2	F	Site Plan prepared by Sparks Architects	08-06-2017
DD1.3	H	Unit Type 1 prepared by Sparks Architects	08-06-2017
DD1.4	H	Unit Type 2 prepared by Sparks Architects	08-06-2017
WD1.8	E	Ground Floor Plan Block 7 prepared by Sparks Architects	23-08-2017
DD1.6	E	First Floor Plan Block 7 prepared by Sparks Architects	08-06-2017
DD1.7	D	Roof Plan Block 7 prepared prepared by Sparks Architects	08-06-2017
DD1.8	E	Ground Floor Plan Block 8 prepared by Sparks Architects	08-06-2017
DD1.9	E	First Floor Plan Block 8 prepared by Sparks Architects	08-06-2017
DD1.10	D	Roof Plan Block 8 prepared by Sparks Architects	08-06-2017
DD1.11	E	Ground Floor Plan Block 9 prepared by Sparks Architects	08-06-2017
DD1.12	E	First Floor Plan Block 9 prepared by Sparks Architects	08-06-2017
DD1.13	D	Roof Plan Block 9 prepared by Sparks Architects	08-06-2017
WD2.1	B	Elevations prepared by Sparks Architects	23-08-2017
WD2.2	B	North Elevations Block 7 prepared by Sparks Architects	23-08-2017
WD2.3	B	East Elevations Block 7 prepared by Sparks Architects	23-08-2017
WD2.4	B	South Elevations Block 7 prepared by Sparks Architects	23-08-2017
WD2.5	B	West Elevations Block 7 prepared by Sparks Architects	23-08-2017
WD2.6	B	Elevations Block 8 prepared by Sparks Architects	23-08-2017
WD2.7	B	Elevations Block 9 prepared by Sparks Architects	23-08-2017
DD3.1	D	Sections Block 7 prepared by Sparks Architects	08-06-2017
DD3.2	B	Section Block 7 prepared by Sparks Architects	08-06-2017
DD3.3	D	Section Block 8 prepared by Sparks Architects	08-06-2017
DD3.4	D	Section Block 9 prepared by Sparks Architects	08-06-2017
DD4.1	G	3D prepared by Sparks Architects	08-06-2017
DD4.2	G	3D prepared by Sparks Architects	08-06-2017
DD4.3	G	3D prepared by Sparks Architects	08-06-2017
DD4.4	G	3D prepared by Sparks Architects	08-06-2017
DD4.5	G	3D prepared by Sparks Architects	08-06-2017
DD4.6	G	3D prepared by Sparks Architects	08-06-2017
DD4.7	G	3D prepared by Sparks Architects	08-06-2017
7088_A01-10_04	04	CTS 400 Site Plan – Level 1 prepared by Blackburne Jackson Design	03-10-17
7088_A01-21_B	B	CTS 100 Site Plan – Level 1 prepared by Blackburne Jackson Design	03-10-17
7088_A01-31_B	B	CTS 300 Site Plan – Level 1 prepared by Blackburne Jackson Design	03-10-17
7088_02-01_11	11	Facilities Building Level 1 – Floor Plan prepared by Blackburne Jackson Design	03-10-17
7088_02-02_10	10	Facilities Building – Roof Plan prepared by Blackburne Jackson Design	03-10-17
7088_A02-30_C	C	Block 15 Basement Level – Floor Plan prepared by Blackburne Jackson Design	04-09-17
7088_A02-31_D	D	Block 15 Level 1 – Floor Plan prepared by Blackburne Jackson Design	04-09-17
7088_A02-32_D	D	Block 15 Level 2 – Floor Plan prepared by Blackburne Jackson Design	04-09-17
7088_A02-33_D	D	Block 15 Level 3 – Floor Plan prepared by Blackburne Jackson Design	04-09-17
7088_A02-34_C	C	Block 15 – Roof Plan prepared by Blackburne Jackson Design	04-09-17
7088_A02-01_F	F	Block 3 Basement Level – Floor Plan prepared by Blackburne Jackson Design	03-10-17
7088_A02-02_E	E	Block 3 Level 1 – Floor Plan prepared by Blackburne Jackson Design	03-10-17
7088_A02-03_D	D	Block 3 Level 2 – Floor Plan prepared by Blackburne Jackson Design	03-10-17
7088_A02-04_E	E	Block 3 Level 3 – Floor Plan prepared by Blackburne Jackson Design	03-10-17
7088_A02-05_C	C	Block 3 – Roof Plan prepared by Blackburne Jackson Design	03-10-17
7088_A02-90_C	C	Block 16 Basement Level – Floor Plan prepared by Blackburne Jackson Design	04-09-17
7088_A02-91_D	D	Block 16 Level 1 – Floor Plan prepared by Blackburne Jackson Design	04-09-17
7088_A02-92_D	D	Block 16 Level 2 – Floor Plan prepared by Blackburne Jackson Design	04-09-17
7088_A02-93_D	D	Block 16 Level 3 – Floor Plan prepared by Blackburne Jackson Design	04-09-17
7088_A02-94_C	C	Block 16 – Roof Plan prepared by Blackburne Jackson Design	04-09-17
7088_A04-01_07	07	Elevations prepared by Blackburne Jackson Design	03-10-17
7088_A04-10_D	D	Block 15 - Elevations prepared by Blackburne Jackson Design	04-09-17
7088_A04-11_D	D	Block 15 - Elevations prepared by Blackburne Jackson Design	04-09-17
7088_A04-01_D	D	Block 3 - Elevations prepared by Blackburne Jackson Design	03-10-17
7088_A04-02_D	D	Block 3 - Elevations prepared by Blackburne Jackson Design	03-10-17
7088_A04-30_D	D	Block 16 - Elevations prepared by Blackburne Jackson Design	04-09-17
7088_A04-31_D	D	Block 16 - Elevations prepared by Blackburne Jackson Design	04-09-17
7088_05-01_06	06	Sections prepared by Blackburne Jackson Design	03-10-17
7088_A05-10_C	C	Block 15 - Sections prepared by Blackburne Jackson Design	04-09-17
7088_A05-15_C	C	Block 16 - Sections prepared by Blackburne Jackson Design	04-09-17
7088_AA05-20_03	03	Sections prepared by Blackburne Jackson Design	29-05-17
7088_AO17-01_01	01	Facilities Buildings Perspectives prepared by Blackburne Jackson Design	19-05-17
7088_AO17-03_01	01	Quarry Café Views prepared by Blackburne Jackson Design	19-05-17
7088_AO17-03_02	02	Parkside Residences prepared by Blackburne Jackson Design	06-06-17
7088_AO17-04_02	02	Parkside Terrace 15 prepared by Blackburne Jackson Design	29-09-17
7088_AO17-05_02	02	Parkside Terrace 15 prepared by Blackburne Jackson Design	29-09-17
7088_AO17-06_02	02	Parkside Residences 3 prepared by Blackburne Jackson Design	06-06-17
8.	The development’s external colour scheme shall use muted environmental tones of browns, greens and greys to integrate the development with its landscape setting and ensure the development does not visually impact on the vegetated skyline. All buildings shall utilise the finishes palette detailed on Plan 7038- DA14 Issue 06 Dated 29-09-17. The use of paint finish Taubmans Tahira White is to be minimised.
33.	Carparking shall be provided within the site generally as shown on the approved plans. Carparking shall include 285 carpark spaces with 250 of these to be covered carpark spaces, and include 10 clearly defined disabled carpark spaces for the unit component of the development. Five carparking spaces for staff in addition to resident and visitor spaces are to be provided on site. Visitor and staff carparking, including all at grade car parking situated between Blocks 2 and 3 must be maintained in common property and be available to all units. Motorcycle/scooter parking spaces may be incorporated at a rate of 4 spaces equivalent to 1 car space.
47.	All stormwater drainage shall be managed so that:
a.	there is no net increase in 1 year ARI peak stormwater flows from the site at any stage of the development that will cause scour at any point in the receiving environment. Where there is an increase in 1 year ARI peak stormwater flows, a Hydraulic Engineer must certify that the increase will not be responsible for any scour in the receiving environment; and
b.	the discharge of stormwater from construction or completed stages of the site does not affect the approved design residence time of the Noosa Springs Golf Course lake system.
64.	Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading various infrastructure at the rates applicable at the time of payment.  An estimate only of the amended contribution amounts relating to this “Change to an Existing Approval” dated 18 January 2018 under the Council policies and requirements applied on the original approval is outlined in the table below:
Contribution Required For:	PSP12 – Public Open Space Contributions	PSP16 – Sewerage Headworks Contributions	PSP17 – Water Supply Headworks Contributions	PSP20 – Pathway Trunk Network Contributions	TOTAL Contribution Amount per Stage
	(Not applicable in accordance with Council letter dated 24 January 1996 and Council Decision of 1 November 2007)				
Stage CTS 100	$0	$51,653	$173,751	$27,538	$252,942
Stage CTS 200	$0	$17,315	$57,735	$8,919	$83,969
Stage CTS 300	$0	$32,283	$108,935	$17,211	$158,429
Stage CTS 400 Resort Facilities	$0	$8,516	$23,239	$3,599	$35,354
Stage CTS 500	$0	$39,033	$129,632	$20,002	$188,667
Stage CTS 600	$0	$17,756	$59,914	$9,466	$87,136
Stage CTS 700	$0	$18,929	$63,182	$9,779	$91,890
Stage CTS 800	$0	$17,756	$59,914	$9,466	$87,136
Stage CTS 900	$0	$14,527	$49,021	$7,745	$71,293
TOTAL Contribution Amount =	$0	$217,768	$725,323	$113,725	$1,056,816
Please note that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from September 2017 until the date of payment.
All contributions must be paid prior to commencement of the use.
Water Supply and Sewerage contributions are payable directly to Unitywater.
72.	The development must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including:
a.	an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
b.	a bin wash area with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet is to be designed to prevent storm water entry to the sewerage system which can be achieved by a bunded area, with a nib wall height of 100mm maximum, enclosing a wash area of 700mm x 700mm minimum (max 0.7m²).  Alternatively, the waste area can be roofed, or another appropriate design approved by Council.
81.	Noise emission from mechanical equipment (air conditioners, refrigeration equipment, or pool pumps etc) shall comply with the following requirements:
a.	A person must not use equipment on any day if it makes or causes noise to be made:
i.	From 10pm to 7am: Not more than the higher of either:
a.	40 dB(A)
b.	3 dB(A) above the background noise level
No audible noise for pool pumps apply during these hours
ii.	From 7am to 7pm: Not more than the lower of either:
50 dB(A)
dB(A) above the background noise level
iii.	From 7pm to 10pm:
b.	Not more than 3 dB(A) above the background noise level.
83 	The development shall comply with the noise management strategies contained in the report prepared by Ron Rumble Pty Ltd and dated November 2006, with the following additional details to be provided prior to issue of Operational Works to the reasonable satisfaction of Manager, Environmental Health Noosa Council: -
83.1 	The necessary and appropriate noise control measures incorporated into the façade of the apartments and within the restaurant. These measures shall include:
83.1.1	Upgraded glazing and air-conditioning to the potentially affected apartments;
83.1.2	Strategically placed wing walls on balconies to screen the apartment and balconies from alfresco dining areas;
83.1.3	Installation of a roof over the outdoor dining area with absorption to the underside should be explored;
83.1.4	Revised hours of operation to no later than midnight;
83.2	Formulate and implement a Noise Management Plan to deal with noise emissions from the premises including patron noise.
83.3	The applicant must advise prospective purchasers that a noise management plan has been prepared to manage noise emissions related to the development.
83.4	The Noise Management Plan referred to in Condition 83.2 shall be incorporated in perpetuity in the By-Laws of the Body Corp for the building.
83.5	The Noise Management Plan shall include a process for dealing with complaints and specify that the Restaurant Management and Body Corp Manager be responsible for dealing with any noise complaints.
C.	Refuse to amend conditions 4 and 96.
D.	Delegate the powers of Council under the Planning Act 2016 for minor change applications for this development to the Chief Executive Officer.
E.	Note that the report is provided in accordance with Section 63(5) of the Planning Act, 2016.

REPORT
PROPOSAL
The application seeks approval to change the approved plans for the development of Precinct F of Noosa Springs.
The applicant has provided the following schedule of changes to the plans:
It is proposed to change the description of the development to reflect the proposed reduction in dwelling unit numbers anticipated by this permissible change request. The new description of development will be as follows:-
Material Change of Use – 137 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi- Function Room and Gym
Reduce the overall number of dwelling units from 145 to 137;
Amend the overall number of persons from 426.5 to 425.6. This proposed density remains consistent with the anticipated density under the Noosa Plan of 100 persons / hectare (i.e. 4.262ha x 100 = 426.2 persons);
Minor increase in overall gross floor area from 20.046.5m2 to 20,083m2 (nb. the original approved GFA was 21,950m2);
Minor redesign of central communal facilities, wherein such changes are generally contained to the arrangement of ‘back of house’ servicing facilities, with no significant changes to either the scale or the external appears of the built form;
Rationalisation of pedestrian networks across the development;
Minor amendments to the driveway and parking arrangements in the southern part of the site to achieve access arrangements and reflect other changes proposed in Precinct E2. It is recognised that the amendments to the driveway will also necessitate a consequential amendment to the approval over the adjacent Precinct E2 (Council Ref: MCU15/0109).
Minor amendments to the orientation of unit blocks 13 and 14 to increase the efficiency of the layout and function of these buildings;
Introduction of a new 3 bedroom unit type into Block 14 and 3 new unit types into Block 2;
Minor variations to the building heights generally as follows:-
Block 3 – the height of this building has been increased by approximately 350mm generally as a consequence of minor changes to the floor to floor heights of individual levels of the building. The purpose of this change in floor to floor heights was to introduce greater acoustic treatment between levels. Notwithstanding this change, the overall building height remains below 12m;
Blocks 16 and 17 – the floor to ceiling heights of individual levels has increased slightly for these units blocks, however the overall height remains under the maximum RL approved (i.e. RL44.7) under the most recent change approval. This is achieved by a minor change to the roof pitch for these buildings;
Block 20 – the overall height of this building has marginally increased as a consequence of associated proposed civil works, wherein the upper level of the building has been shifted to align with the level of adjacent driveway to facilitate convenient and pedestrian access to the dwellings;
Minor amendments to the staging of the development to generally align with anticipated construction and titling program of delivery. Notwithstanding the proposed staging amendments, these have been notated for identification purposes only. The order of construction of individual stages has not been confirmed. Our client is seeking to retain flexibility in the approval conditions to allow stages to proceed individually, simultaneously or not in sequential order.
The proposed new dwelling configuration for individual stages can be summarised as follows:-

The proposed changes will require consequential changes to conditions to reflect the amended site layout, proposed staging amendments and updated building number references. Accordingly, it is requested to amend conditions 1, 2, 8, 33, 64 and Advisory Notes 1, 2 and 11
The application also proposes to amend Conditions 4, 47, 83 and 96.
The application also identifies formatting issues with existing conditions 72 and 81 and it is requested that these be rectified as part of this application. Based on feedback from Council’s Environmental Health Department it is also recommended to remove reference to a Local Law which is no longer applicable within Condition 81.
Summarised versions of the current approved and proposed development plans are included as Attachments 1 & 2. A comparison of the layout from the original, subsequent approved changes to the development and the current proposal are shown in Figures 1 – 5 below.
The application is before Council due to the scale and significance of the development. However, the proposed amendments are generally considered relatively minor and do not result in significant change to the overall form of the development.

Figure 1 –Original Approved Layout

Figure 3 Layout Modified December 2016

Figure 4 Layout Modified September 2017

Figure 5 – Proposed Layout – Current Change (Revised plan submitted 29.11.2017)
site details
Background
The site is located within Precinct F of the Noosa Springs development at Noosa Springs Drive, Noosa Heads. Noosa Springs is a master planned residential golf resort, with most development on the site completed.  The subject resort site and an adjoining multiple dwelling site (Precinct E2) have remained undeveloped and were recently purchased by the applicant.
On the 30 August 2007 Council approved the application for a Material Change of Use - Resort of 155 Multiple Dwelling Units & Associated Facilities (Theatre, Restaurant, Shops & Function Rooms), which was assessed under the Superseded Planning Scheme.
Representations were then made, and on the 5 November 2007, Council agreed to amend or delete 18 of the 102 total conditions pertaining to the development.
On 6 April 2011 an extension to the currency period of the approval for 4 years to 1 November 2015 was agreed.
On 10 September 2015 an extension to the currency period of the approval for 2 years to 1 November 2017 was agreed.
On 10 March 2016 a modification to the approval was granted which altered the general redesign of building layouts to increase efficiency and consolidate non-residential components and remove the theatre and function room components of the approval.
On 15 December 2016 a modification of the approval was granted which changed the description of the approval from Material Change of Use - 155 Multiple Dwelling Units and Associated Facilities - Theatre, Restaurant, Shops & Function Rooms to Material Change of Use for a Resort of 151 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym. This change also included a redesign of the building layouts and a change to a number of conditions.
On 21 September 2017 Council agreed to further modification of the approval which changed the description of the approval from Material Change of Use - 151 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym to Material Change of Use for 145 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym. This change also included a redesign of the building layouts and a change to a number of conditions.
Site Description
The site is a 4.262ha irregularly shaped allotment located on the western slopes of a high dune on the eastern side of the Noosa Springs development and has a frontage to Resort Drive of approximately 315 metres. Most of the site was used as a sand quarry in the past and the terrain varies from gentle slopes on the quarry floor to very steep slopes on the excavated batters. Undisturbed ground surrounding the quarry slopes moderately, averaging roughly 12-15%.
A band of mature open forest is present around the extremities of the quarry area, varying in width from 10 to 30m along Resort Drive and containing some mature trees. An area of 0.8ha of remnant vegetation exists in the north of the site which is to be cleared for the development. Native vegetation is also found along the ridgeline of the escarpment to the eastern boundary, adjacent to the car park and Resort Drive to the north. Species present include koala feed trees and koalas have been observed in the area by Noosa Springs residents, though the site is excluded from the State’s koala habitat mapping.
The site is bounded by Council land to the east, the Noosa Springs clubhouse to the northwest and Residential Precincts E1 to the west and Residential Precinct E2 to the south. Precinct E1 has been developed for 42 multiple dwelling units, with Precinct E2 subject to representations to a current development application for 44 units (MCU15/0109). The representations also seek to amend the plans and reduce the number of units to 37.  The Noosa Heads sewerage treatment plant is located to the north of the site, with land further to the south of the site being National Park adjacent to Lake Weyba. A 3 metre wide pathway reserve runs along the eastern boundary.
Aerial photographs of the site and its surrounds are shown in Figures 6 & 7 below.

Figure 6 – Aerial Photograph of Locality

Figure 7 – Aerial Photograph
STATUTORY PROCESS
The proposed change to the development approval requested by the applicant is determined to constitute a minor change in accordance with Schedule 2 of the Planning Act 2016 on the grounds that:
The change would not result in a substantially different development as the use remains the same as that approved and the scale and bulk of the development remains generally consistent with the current approval. There are no new uses proposed that would create different or additional impacts.
The changes do not create a new referral trigger to the State Assessment and Referral Agency.
The proposed changes do not vary the level of assessment the original development application was impact assessable; and
The changes do not involve prohibited development.
assessment
Plans
The submitted plans provide for a reduction in the number of units from 145 to 137 and the amended configuration of the units. The resultant changes accord with the allowable population density and provide for a development with a scale and bulk consistent with the current approval.
The overall form of the approval is consistent with the previous approval in that the application maintains the multiple dwelling development, together with minor ancillary activities including a shop, café/restaurant and communal recreation facilities. The built form is maintained as the buildings will remain a mix of 2-3 storeys with basement car parking.
The slight reduction in the number of dwelling units has not significantly altered the scale of the multiple dwelling component of the development. The change to dwelling unit composition involves a reduction in the number of 1 and 2 bedroom dwelling units, an increase in the number of 3 bedroom dwelling units and the deletion of the 4 bedroom dwelling units. The reduction in 1 and 2 bedroom units results in a loss of housing diversity however there is no provision within the planning scheme requiring a mix of bedroom numbers for new dwellings. It is likely that the amended mix of dwelling types is in response to market demand. The minor change to the GFA is still below that originally approved over the site.
A comparison of the proposed amendment against both the original approval and the most recently modified approval is provided in the table below:-

The minor redesign of the central communal facilities is generally contained within the back of house areas with the building appearance and scale being maintained.
The changes to the alignment of the internal roads, parking arrangements and pedestrian pathways are supported as they are minor and of no significant consequence.
The re-alignment of blocks 13 and 14 will be of little consequence as separation is maintained between the two buildings.
The minor change to the staging of the development retains the flexibility in the approval conditions to allow stages to proceed individually, simultaneously or not in sequential order.
With regards to the proposed changes to the heights of buildings 3, 16, 17 and 20:
Block 3 is proposed to be increased by approximately 350mm to introduce greater acoustic treatment between levels. The overall building height remains below 12 metres with the majority of the roof form being well below this height. This minor increase in height is supported.
It is proposed to increase the floor to ceiling heights of Blocks 16 and 17. The overall height is to remain under the maximum RL approved (i.e. RL44.7) and this has been achieved by lowering the roof pitch for these buildings. This minor change is supported.
The applicant advises that the overall height of Block 20 is increased due to proposed civil works, wherein the upper level of the building has been shifted to align with the level of the adjacent driveway to allow for pedestrian access to the dwellings. The civil works reduce the extent of excavation required for the road thereby reducing the height of retaining walls adjacent to the north-eastern boundary.  The resultant change in height for Block 20 is 900mm and results in a section of the building being in excess of 8.0 metres. The height of this building is 3.80 metres lower than the adjoining building (Block 19) to the north and 7.6 metres lower than Block 18 further north.  The proposed increase in height does not compromise the vegetated backdrop provided by Girraween as evidenced by the visual assessment that was provided with the original application.
Accordingly, the amendments to the plans are supported.
Conditions
Condition 1
1.	Prior to the issue of an operational works approval for civil works for each stage of the development, fully detailed architectural proposal plans relevant to each stage must be submitted for Council approval.  Detailed plans must provide the following details as a minimum:
1.1	Full architectural building elevations;
1.2	Detailed roof plans and ground level contours demonstrating compliance with the development’s 8m/12m building height limits above natural and finished ground levels;
1.3	Landscaping areas demonstrating compliance with Condition 5 herein
1.4	The location of proposed stormwater management/treatment devices;
1.5	Consistency with all management plans for the development;
1.6	Building colour schemes demonstrating compliance with Condition 8 herein; &
1.7	Vehicle manoeuvring areas and temporary turning provisions.
1.8	Plans demonstrating compliance with the allowable population density of 426.2 persons.
Applicant’s requested change
The applicant requests that this condition be amended as the current set of plans demonstrate compliance with Condition 1.8.
Assessment
The proposed amendment to condition 1 will reflect the new set of plans and is therefore supported.
Condition 2
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed below and are as amended by the conditions herein.
Plan No.	Rev.	Plan/Document Name	Date
7038-DA01	10	Project summary prepared by Blackburne Jackson Design	06-06-17
7038-DA03	09	Carparking/Basement prepared by Blackburne Jackson Design	06-06-17
7038-DA04	10	Ground Floor prepared by Blackburne Jackson Design	06-06-17
7038-DA05	09	First Floor prepared by Blackburne Jackson Design	06-06-17
7038-DA06	08	Second Floor prepared by Blackburne Jackson Design	06-06-17
7038-DA07	07	Site Section prepared by Blackburne Jackson Design	06-06-17
7038-DA08	08	Site Section prepared by Blackburne Jackson Design	06-06-17
7038-DA09	13	Indicative Apartment Layouts prepared by Blackburne Jackson Design	06-06-17
7038-DA10	11	Indicative Apartment Layouts prepared by Blackburne Jackson Design	06-06-17
7038-DA11	07	Perspective sketches prepared by Blackburne Jackson Design	06-06-17
7038-DA12	07	Perspective sketches prepared by Blackburne Jackson Design	06-06-17
7038-DA13	07	Overall staging plan prepared by Blackburne Jackson Design	14-06-17
7038-DA14	05	Finishes Palette prepared by Blackburne Jackson Design	06-06-17
7038-DA15	05	Resort Facilities Floor Plan prepared by Blackburne Jackson Design	06-06-17
7038-DA16	04	Facilities Elevations prepared by Blackburne Jackson Design	06-06-17
7038-DA17	02	Indicative Apartment Layouts prepared by Blackburne Jackson Design	06-06-17
7038-DA19	05	Building 15 Elevations prepared by Blackburne Jackson Design	06-06-17
7038-DA20	05	Block 18 Elevations prepared by Blackburne Jackson Design	06-06-17
7038-DA21	05	Building 3 Elevations prepared by Blackburne Jackson Design	06-06-17
7038-DA23	05	Block 2 Elevations prepared by Blackburne Jackson Design	06-06-17
7038-DA24	02	Block 15 Sections prepared by Blackburne Jackson Design	06-06-17
7038-DA25	02	Block 18 Sections prepared by Blackburne Jackson Design	06-06-17
DD1.1	F	Location Plan prepared by Sparks Architects	08-06-2017
DD1.2	F	Site Plan prepared by Sparks Architects	08-06-2017
DD1.3	H	Unit Type 1 prepared by Sparks Architects	08-06-2017
DD1.4	H	Unit Type 2 prepared by Sparks Architects	08-06-2017
WD1.8	E	Ground Floor Plan Block 7 prepared by Sparks Architects	23-08-2017
DD1.6	E	First Floor Plan Block 7 prepared by Sparks Architects	08-06-2017
DD1.7	D	Roof Plan Block 7 prepared prepared by Sparks Architects	08-06-2017
DD1.8	E	Ground Floor Plan Block 8 prepared by Sparks Architects	08-06-2017
DD1.9	E	First Floor Plan Block 8 prepared by Sparks Architects	08-06-2017
DD1.10	D	Roof Plan Block 8 prepared by Sparks Architects	08-06-2017
DD1.11	E	Ground Floor Plan Block 9 prepared by Sparks Architects	08-06-2017
DD1.12	E	First Floor Plan Block 9 prepared by Sparks Architects	08-06-2017
DD1.13	D	Roof Plan Block 9 prepared by Sparks Architects	08-06-2017
WD2.1	B	Elevations prepared by Sparks Architects	23-08-2017
WD2.2	B	North Elevations Block 7 prepared by Sparks Architects	23-08-2017
WD2.3	B	East Elevations Block 7 prepared by Sparks Architects	23-08-2017
WD2.4	B	South Elevations Block 7 prepared by Sparks Architects	23-08-2017
WD2.5	B	West Elevations Block 7 prepared by Sparks Architects	23-08-2017
WD2.6	B	Elevations Block 8 prepared by Sparks Architects	23-08-2017
WD2.7	B	Elevations Block 9 prepared by Sparks Architects	23-08-2017
DD3.1	D	Sections Block 7 prepared by Sparks Architects	08-06-2017
DD3.2	B	Section Block 7 prepared by Sparks Architects	08-06-2017
DD3.3	D	Section Block 8 prepared by Sparks Architects	08-06-2017
DD3.4	D	Section Block 9 prepared by Sparks Architects	08-06-2017
DD4.1	G	3D prepared by Sparks Architects	08-06-2017
DD4.2	G	3D prepared by Sparks Architects	08-06-2017
DD4.3	G	3D prepared by Sparks Architects	08-06-2017
DD4.4	G	3D prepared by Sparks Architects	08-06-2017
DD4.5	G	3D prepared by Sparks Architects	08-06-2017
DD4.6	G	3D prepared by Sparks Architects	08-06-2017
DD4.7	G	3D prepared by Sparks Architects	08-06-2017
7088_A01-10_03	03	CTS 4 Site Plan – Level 1 prepared by Blackburne Jackson Design	06-06-17
7088_A01-21_05	05	CTS 1 Site Plan – Level 1 prepared by Blackburne Jackson Design	06-06-17
7088_A01-31_05	05	CTS 3 Site Plan – Level 1 prepared by Blackburne Jackson Design	06-06-17
7088_A02-01_06	06	Facilities Building Level 1 – Floor Plan prepared by Blackburne Jackson Design	06-06-17
7088_A02-02_06	06	Facilities Building – Roof Plan prepared by Blackburne Jackson Design	06-06-17
7088_A02-30_05	05	Block 15 Basement Level – Floor Plan prepared by Blackburne Jackson Design	06-06-17
7088_A02-31_06	06	Block 15 Level 1 – Floor Plan prepared by Blackburne Jackson Design	06-06-17
7088_A02-32_05	05	Block 15 Level 2 – Floor Plan prepared by Blackburne Jackson Design	06-06-17
7088_A02-33_05	05	Block 15 Level 3 – Floor Plan prepared by Blackburne Jackson Design	06-06-17
7088_A02-34_04	04	Block 15 – Roof Plan prepared by Blackburne Jackson Design	06-06-17
7088_A02-60_06	06	Block 3 Basement Level – Floor Plan prepared by Blackburne Jackson Design	06-01-17
7088_A02-61_06	06	Block 3 Level 1 – Floor Plan prepared by Blackburne Jackson Design	06-01-17
7088_A02-62_06	06	Block 3 Level 2 – Floor Plan prepared by Blackburne Jackson Design	06-01-17
7088_A02-63_06	06	Block 3 Level 3 – Floor Plan prepared by Blackburne Jackson Design	06-01-17
7088_A02-64_06	06	Block 3 – Roof Plan prepared by Blackburne Jackson Design	06-01-17
7088_A02-90_02	02	Block 16 Basement Level – Floor Plan prepared by Blackburne Jackson Design	06-06-17
7088_A02-91_02	02	Block 16 Level 1 – Floor Plan prepared by Blackburne Jackson Design	06-06-17
7088_A02-92_02	02	Block 16 Level 2 – Floor Plan prepared by Blackburne Jackson Design	06-06-17
7088_A02-93_02	02	Block 16 Level 3 – Floor Plan prepared by Blackburne Jackson Design	06-06-17
7088_A02-94_02	02	Block 16 – Roof Plan prepared by Blackburne Jackson Design	06-06-17
7088_A04-01_04	04	Elevations prepared by Blackburne Jackson Design	06-06-17
7088_A04-10_03	03	Block 15 - Elevations prepared by Blackburne Jackson Design	06-06-17
7088_A04-11_03	03	Block 15 - Elevations prepared by Blackburne Jackson Design	06-06-17
7088_A04-20_04	04	Block 3 - Elevations prepared by Blackburne Jackson Design	06-01-17
7088_A04-21_04	04	Block 3 - Elevations prepared by Blackburne Jackson Design	06-01-17
7088_A04-30_02	02	Block 16 - Elevations prepared by Blackburne Jackson Design	06-06-17
7088_A04-31_02	02	Block 16 - Elevations prepared by Blackburne Jackson Design	06-06-17
7088_A05-01_04	04	Sections prepared by Blackburne Jackson Design	06-06-17
7088_A05-10_03	03	Block 15 - Sections prepared by Blackburne Jackson Design	06-06-17
7088_A05-15_01	01	Block 16 - Sections prepared by Blackburne Jackson Design	06-06-17
7088_AA05-20_03	03	Sections prepared by Blackburne Jackson Design	29-05-17
7088_AO17-01_01	01	Facilities Buildings Perspectives prepared by Blackburne Jackson Design	19-05-17
7088_AO17-03_01	01	Quarry Café Views prepared by Blackburne Jackson Design	19-05-17
7088_AO17-03_02	02	Parkside Residences prepared by Blackburne Jackson Design	06-06-17
7088_AO17-04_01	01	Parkside Terrace 15 prepared by Blackburne Jackson Design	19-05-17
7088_AO17-05_01	01	Parkside Terrace 15 prepared by Blackburne Jackson Design	19-05-17
7088_AO17-06_02	02	Parkside Residences 3 prepared by Blackburne Jackson Design	06-06-17
Applicant’s requested change
The applicant requests that condition 2 be updated to reflect the new set of plans.
Assessment
The proposed amendment to condition 2 will reflect the new set of plans and is therefore supported.
Condition 4
4.	The ancillary shop, restaurant/cafe, multi-function room, gym and other ancillary facilities shall be operated and maintained as a Resort. A letting pool service promoting and managing short term accommodation must also be established on site and made available to all owners of multiple dwelling units. The community management statement for any or all bodies corporate having control of the Resort or any part thereof shall incorporate this condition. Where the development is staged, the common resort facilities must be completed and operational as part of the first stage or after construction of the 64th Unit.
Applicant’s requested change
The current wording of this condition is somewhat ambiguous as to when the common resort facilities are to be completed and operational. As per previous discussions with Council, and as reflected in the previous Council assessment report (i.e. Planning & Environment Committee Meeting Agenda of 6 December 2016) it is requested that this condition be amended as follows to require that the facilities be constructed and operational prior to the commencement of use of the 64th dwelling unit:-
4.	The ancillary shop, restaurant/cafe, multi-function room, gym and other ancillary facilities shall be operated and maintained as a Resort. A letting pool service promoting and managing short term accommodation must also be established on site and made available to all owners of multiple dwelling units. The community management statement for any or all bodies corporate having control of the Resort or any part thereof shall incorporate this condition. Where the development is staged, the common resort facilities must be completed and operational as part of the first stage or after construction prior to the commencement of use of the 64th Unit.
Assessment
It is not reasonable to change the wording of this condition as proposed by the applicant. The intent of the condition is to ensure the development of the resort facilities and that the development of these facilities occurs in a timely manner. This will also allow the initial occupants of the resort to use the facilities. Furthermore the use of the 64th unit could occur a considerable time after its development. Therefore, it is recommended that the wording of condition 4 remain unchanged.
Condition 8
8.	The development’s external colour scheme shall use muted environmental tones of browns, greens and greys to integrate the development with its landscape setting and ensure the development does not visually impact on the vegetated skyline. All buildings shall utilise the finishes palette detailed on Plan 7038- DA14 Issue 05 Dated 06.06.2017. The use of paint finish Taubmans Tahira White is to be minimised.
Applicant’s requested change
To reflect the colours and finishes palette submitted as part of the change request the applicant requests the condition be amended to:
8.	The development’s external colour scheme shall use muted environmental tones of browns, greens and greys to integrate the development with its landscape setting and ensure the development does not visually impact on the vegetated skyline. All buildings shall utilise the finishes palette detailed on Plan 7038- DA14 Issue 05 Dated 06.06.2017 06 Dated 29-09-17. The use of paint finish Taubmans Tahira White is to be minimised.
Assessment
The colours and finishes palette provides for exactly the same colour finishes as previously approved – the only change relates to the issue number and the date on the plans. Accordingly, this minor change is supported.
Condition 33
33.	Carparking shall be provided within the site generally as shown on the approved plans. All at grade carparking shown on the approved plans must be maintained in common property and available to all units. Carparking shall include 261 carpark spaces with 205 of these to be covered carpark spaces, and include 10 clearly defined disabled carpark spaces for the unit component of the development. Five carparking spaces for staff in addition to resident and visitor spaces are to be provided on site. Motorcycle/scooter parking spaces may be incorporated at a rate of 4 spaces equivalent to 1 car space.
Applicant’s requested change
It is requested that this condition be amended to reflect new car parking numbers triggered by the proposed new unit mix as reflected on the amended architectural plans. We note that proposed car parking numbers are in excess of the minimum requirements for both resident and visitor parking under the Noosa Plan, as reflected in the following table:-

In addition to the number of carparks triggered for the proposed units identified in the table above, an additional 6 car spaces are also intended to be allocated for staff parking.
Based on the above, there is an overall surplus in car spaces (circa 51 uncovered car spaces) anticipated by the development, and it is requested that the opportunity be provided that these surplus car spaces be able to be allocated to individual units by the developer, as exclusive use spaces. This would increase the marketability of units without adversely impacting upon visitor parking arrangements across the development.
In light of this, it is requested that this condition be amended to read:-
33.	Carparking shall be provided within the site generally as shown on the approved plans. All at grade carparking shown on the approved plans must be maintained in common property and available to all units. Carparking shall include 261 285 carpark spaces with 205 250 of these to be covered carpark spaces, and include 10 clearly defined disabled carpark spaces for the unit component of the development. Five carparking spaces for staff in addition to resident and visitor spaces are to be provided on site. Motorcycle/scooter parking spaces may be incorporated at a rate of 4 spaces equivalent to 1 car space
Assessment
The provision of car parking significantly exceeds the amount required under the Noosa Plan. The applicant’s request that the surplus car parking spaces be made exclusively available to individual units is not unreasonable, as the minimum required number of visitor spaces (35) will remain available. In order to maintain visitor car spaces within common property, thereby providing surety to car parking for non-residents, it is recommended that the applicant’s proposed wording be generally accepted with a minor modification to read:
33.	Carparking shall be provided within the site generally as shown on the approved plans. Carparking shall include 285 carpark spaces with 250 of these to be covered carpark spaces, and include 10 clearly defined disabled carpark spaces for the unit component of the development. Five carparking spaces for staff in addition to resident and visitor spaces are to be provided on site. Visitor and staff carparking, including all at grade car parking situated between Blocks 2 and 3, must be maintained in common property and be available to all units. Motorcycle/scooter parking spaces may be incorporated at a rate of 4 spaces equivalent to 1 car space.
Condition 47
47.	All stormwater drainage shall be managed so that:
a.	there is no net increase in 1 year ARI peak stormwater flows from the site at any stage of the development; and
b.	the discharge of stormwater from construction or completed stages of the site does not affect the approved design residence time of the Noosa Springs Golf Course lake system.
Applicant’s requested change
This condition currently requires no net increase in 1 year ARI peak stormwater flows from the site at any stage of the development. As discussed through the detailed design process, and associated operational works package associated with the development, there is a minor net increase in the 1 year ARI event from the site of 0.08m3/s. This increase is considered minor when compared to the total site 1 year ARI event flow of 1.709m3/2.
Although there is a minor increase in flow, it should be noted that the site is 51% impervious which is generally in keeping with the 50% imperviousness assumed in the master drainage plan report for the site. The pipe drainage infrastructure in Resort Drive and the stormwater property connections to the site have been designed for the minor (10 year ARI) storm events so that the minor net increase in the 1 year ARI can be accommodate without negatively impacting the existing drainage infrastructure. Furthermore, the minor increase in the 1 year ARI Flow from the site will be mitigated by the storage provided within the extensive pipe network, bio-retention basins and swales within the site.
In light of the above, it is requested that Condition 47 be amended to read:-
47.	All stormwater drainage shall be managed so that:
a.	there is no net increase in 1 year ARI peak stormwater flows from the site at any stage of the development; and
b.	the discharge of stormwater from construction or completed stages of the site does not affect the approved design residence time of the Noosa Springs Golf Course lake system.
Assessment
The request to amend this condition was referred to Council’s Environment Officer who advised:
Condition 47(a) is applied to ensure the development meets the State Planning Policy, therefore we cannot remove its intention completely.
The condition can be reworded to achieve the same outcome of the State Planning Policy being that the applicant will need to demonstrate the Peak 1 year flows will not cause scour to any receiving water ways.
Condition 47(a) can be reworded as follows:
a) there is no net increase in 1 year ARI peak stormwater flows from the site at any stage of the development that will cause scour at any point in the receiving environment. Where there is an increase in 1 year ARI peak stormwater flows, a Hydraulic Engineer must certify that the increase will not be responsible for any scour in the receiving environment
It is recommended that condition 47(a) be reworded in accordance with the advice of Council’s Environment Officer.
Condition 83
83.	The development shall comply with the noise management strategies contained in the report prepared by Ron Rumble Pty Ltd and dated November 2006, with the following additional details to be provided prior to issue of Operational Works to the reasonable satisfaction of Manager, Environmental Health:
83.1	The necessary and appropriate noise control measures incorporated into the façade of the apartments and within the restaurant.  These measures should include:

83.1.1	Upgraded glazing and air-conditioning to the potentially affected apartments, and which apartments

83.1.2	Strategically placed wing walls on balconies to screen the apartment and balconies from alfresco dining areas;

83.1.3	The possibility of a roof over the outdoor dining area with absorption to the underside should be explored;

83.1.4	Revised hours of operation to no later than midnight;

83.2	Formulate and implement a Noise Management Plan to deal with noise emissions from the premises including patron noise.
83.3	Prospective purchasers of the apartments to be advised of the noise control features, which have been incorporated into the design of the apartments and the hours of operation of the adjacent restaurant.
83.4	The Noise Management Plan referred to in Condition 82.1.4 shall be incorporated in perpetuity in the By-Laws of the Body Corp for the building.
83.5	The Noise Management Plan shall include a process for dealing with complaints and specify that the Restaurant Manager and Body Corp Manager be responsible for dealing with any noise complaints.
Applicant’s requested change
This condition requires that a Noise Management Plan be prepared to deal with noise emissions associated with the common resort facilities, wherein such strategies comply with an acoustic report prepared by Ron Rumble Pty Ltd and dated 2006. We note that the Ron Rumble Pty Ltd report was prepared for and supported the original approval over the site which incorporated resort facilities of a scale and form that were more significant than the scale of the current approved common resort facilities. It is understood that this reduction in scale has previously been acknowledged by Council. The gross floor area of the proposed Community facilities has now reduced from approximately 1,341sqm (as originally approved) to (circa) 600sqm.
To advise prospective purchases of the particular noise control features that have been implemented into the design of individual apartments is an onerous requirement given the small scale of the facilities now proposed. Acoustic mitigation measures can be readily incorporated into the required noise management plan. We can confirm that a noise management plan is currently being prepared to this effect and is anticipated as being provided to Council under separate cover.
As such, it is requested that:-
clause 83.3 be amended to require the prospective purchasers be advised of the noise management plan to manage potential noise emissions associated with the development;
the cross referencing error in clause 83.4 be amended; and
the noise control measures identified in clause 83.1 may not all necessarily be required to achieve appropriate acoustic levels, and this should be reflected in the drafting of this condition.
In light of the above, it is respectfully requested that this condition be amended as follows:-
83 	The development shall comply with the noise management strategies contained in the report prepared by Ron Rumble Pty Ltd and dated November 2006, with the following additional details to be provided prior to issue of Operational Works to the reasonable satisfaction of Manager, Environmental Health:-
83.1 	The necessary and appropriate noise control measures incorporated into the façade of the apartments and within the restaurant. These measures should may include:
83.1.1	Upgraded glazing and air-conditioning to the potentially affected apartments, and which apartments;
83.1.2	Strategically placed wing walls on balconies to screen the apartment and balconies from alfresco dining areas;
83.1.3	The possibility of a roof over the outdoor dining area with absorption to the underside should be explored;
83.1.4	Revised hours of operation to no later than midnight;
83.2	Formulate and implement a Noise Management Plan to deal with noise emissions from the premises including patron noise.
83.3	Prospective purchasers of the apartments to be advised of the noise control features, which have been incorporated into the design of the apartments and the hours of operation of the adjacent restaurant The applicant must advise prospective purchasers that a noise management plan has been prepared to manage noise emissions related to the development.
83.4	The Noise Management Plan referred to in Condition 82.1.4 83.2 shall be incorporated in perpetuity in the By-Laws of the Body Corp for the building.
83.5 The Noise Management Plan shall include a process for dealing with complaints and specify that the Restaurant Management and Body Corp Manager be responsible for dealing with any noise complaints.
Assessment
A Noise Management Plan (NMP) was submitted with the application and reviewed by Council’s Environmental Health Department. Based on review of the NMP it is recommended that Condition 83.3 be reworded in accordance with the applicant’s request. It is also recommended that the cross referencing error in Condition 83.4 be rectified and an error within the wording of Condition 83.1.1 also be rectified.
However the applicant’s request to alter the wording of Condition 83 from “should” to “may” is not recommended. The Environmental Health Unit has recommended that the term “should” be replaced with “shall” and minor changes to wording of Condition 83.1.3 such that the amended Condition is now recommended to read:
83	The development shall comply with the noise management strategies contained in the report prepared by Ron Rumble Pty Ltd and dated November 2006, with the following additional details to be provided prior to issue of Operational Works to the reasonable satisfaction of Manager, Environmental Health:-
83.1 	The necessary and appropriate noise control measures incorporated into the façade of the apartments and within the restaurant. These measures shall include:
83.1.1	Upgraded glazing and air-conditioning to the potentially affected apartments;
83.1.2	 Strategically placed wing walls on balconies to screen the apartment and balconies from alfresco dining areas;
83.1.3	 Installation of a roof over the outdoor dining area with absorption to the underside should be explored;
83.1.4	 Revised hours of operation to no later than midnight;
83.2	Formulate and implement a Noise Management Plan to deal with noise emissions from the premises including patron noise.
83.3	The applicant must advise prospective purchasers that a noise management plan has been prepared to manage noise emissions related to the development.
83.4	The Noise Management Plan referred to in Condition 83.2 shall be incorporated in perpetuity in the By-Laws of the Body Corp for the building.
83.5	 The Noise Management Plan shall include a process for dealing with complaints and specify that the Restaurant Management and Body Corp Manager be responsible for dealing with any noise complaints.
Condition 96
The rear 2 metres of Blocks 7, 8 and 9 is to be extensively landscaped and no structures or swimming pools are to be located in these areas. No access is to be provided from the rear of these Blocks to Resort Drive
Applicant’s requested change
It is noted that this condition has been introduced as a consequence of the most recent change approval, and we note that previous representations were made that this condition should be either deleted or amended to allow structures and / or swimming pools in the rear 2 metres of these blocks. We maintain our previous position, and reiterate that this has significant design implications for these buildings as well as will adversely impact on the area of useable outdoor open space for future occupants of these units.
As reflected in the approved plans of development, there are only 6 plunge pools intended along the rear of these blocks, each of which have been intentionally sited to ensure a seamless integration into the overall design of the development, whilst also achieving a high quality presentation to the adjacent Resort Drive.
It is understood that Council imposed the requirement that no structures or swimming pools are to be located within a 2m landscape setback primarily to ensure that existing vegetation (including koala food trees) along the Resort Drive frontage are retained. The proposed development achieves this landscape outcome without the need to setback pools and structures an additional 2 metres. In particular, a significant number of trees will be retained along the Resort Drive frontage as required by conditions 5.5 and 6 of the most recent decision notices.
An updated Vegetation Management Plan (VMP) has been prepared (refer attached) which demonstrates the number of trees able to be retained, subject to arborist certification during the detailed engineering phase of the project. As reflected in the VMP “tree protection zones” and a “tree protection fence” are proposed to delineate those trees anticipated as being retained, the majority of which are generally clear of the construction zone for the plunge swimming pools and boundary fences. Of those trees that are nominated as being removed by the VMP, they are generally located within the areas of private open space for units 7, 8 & 9 and sited such that they would significantly impede on the usability of those spaces. It is understood that buffer planting is intended to be provided along Resort Drive in proximity of where trees are anticipated as being removed.
In addition, in respect of trees proposed to be retained, where it is practical to do so directional drilling techniques will be utilised to construct utility services along Resort Drive, to ensure tree retention.
To assist Council’s assessment of the proposed change to condition 96, the following information will be submitted under separate cover:-
Arboricultural assessment of trees to be retained;
Landscape Concept Plan demonstrating landscaping outcomes along the site frontage and within the private open space of Blocks 7 – 9.
In addition to the above, it is proposed to maintain the opportunity for occasional pedestrian access to the rear of Blocks 7, 8 & 9 for garden and pool maintenance only. The proposed restriction to access to Resort Drive will be included within the Community Management Statement for the development.
We therefore request that this condition be amended to read as follows:-
96.	The rear 2 metres of Blocks 7, 8 and 9 is to be extensively landscaped and no structures or swimming pools are to be located in these areas. No access is to be Access, where provided from the rear of these Blocks 7, 8 and 9 to Resort Drive, is limited to garden and pool maintenance access only. No vehicular access is permitted.
Assessment
The proposed change to Condition 96 is not supported as the provision of pedestrian access for pool and garden maintenance will result in the on-going use and disturbance of the slope of road reserve. This vegetation in the road reserve has koala habitat values and is required to be retained and protected so these values can persist into the future. The intent of the 2m wide landscape setback area within the development site is to ensure a development buffer to the protected road reserve vegetation (including roots zones) is maintained. The applicant has not provided sufficient justification to warrant accepting the proposal and sufficient doubts exists as to the benefits their proposal brings to the retention and protection of the vegetation.
The provision of pools in the 2m landscape area, rear lot access and an informal pathway will not preserve the koala habitat values in the road reserve and will lead to their degradation.
Accordingly, it is recommended that Condition 96 remains unchanged.
Consequential Amendments to Conditions
The amended plans will require consequential amendments to condition 64 which relates to Infrastructure Charges, Advisory Notes 1, 2 and 11 will also be required to be updated. These changes are required to reflect the proposed new mix of units and overall reduction in yield. Conditions 72 and 81 require minor amendments to rectify minor formatting issues and to remove reference to a Local Law which is no longer applicable.
cONSULTATION
The application was not required to be referred to any external agencies.
future potential minor changes
The current application is the fourth minor change application to come before Council in the past 2 years. Given the scale of the development it is understood that further minor changes will be proposed. In order to facilitate efficient decision making on these minor matters it is recommended that Council delegate its powers under the Planning Act 2016 for minor change applications to the Chief Executive Officer. Applications involving more complex changes will continue to be presented to Council for decision making.
conclusion & REASONS FOR DECISION
The application seeks to change the existing development approval for a resort of 145 multiple dwellings and associated facilities within Precinct F of the Noosa Springs master planned estate. The changes seek to reduce the number of dwelling units to 137, alter the density and GFA and update several conditions. The proposed changes are consistent with the original development parameters of the approval and the changes are considered to be supportable under the Planning Act provisions.
The intent of the existing approval was for multiple dwellings with integrated resort components and booking/management functions. The amended development will remain subject to the approved use type and still retains common resort-type facilities of a simpler, rationalised nature.
The application is recommended for approval, subject to amended conditions. A number of consequential changes to conditions are also required.
The proposed changes to Conditions 4 and 96 are not supported as they would result in uncertainty with regards to the timing of the development of the resort facilities and compromise screening vegetation within the Noosa Springs road reserve.
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
		x	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	x	Economic Development		Civil Operations
	People and Culture	x	Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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GENERAL COMMITTEE MEETING REPORT	15 JANUARY 2018

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cTs PHASE BUILDING DWELLING CONFIGURATION
101 Block 15 = 11
100 102 Block 16 - 11
103 Block 17 = 11
201 Block 7 2 2
200 202 Block 8 2 2 4
203 Block 9 2 2 4
301 Block 3 = 11 11
300 302 Block 4 7 9 9
Main - - -
400 401 Communal
Facilities
500 501 Block 5 4 8 15
502 Block 6 1 8 13
600 601 Block 22 11 11
700 701 Block 2 6 7 13
801 Block 13 = 6 6
800 802 Block 14 = 5 5
901 Block 18 = 2 2
902 Block 19 - 2 2
900 903, Block 20 = 3 3
904 Block 21 - 2 2
TOTAL 17 113 137,

 

 

 

 

 

 


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Covered | Uncovered | TOTAL
Existing approval — existing condition 33 205 56 261
Changes Application — car parking detailed on amended architectural plans 253 92 335
Noosa Plan (July 2017) requirements — based on proposed new unit mix 250 35 285

reflected on amended architectural plans

 

 

 

 

 


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NOOSA SPRINGS

 

Proposed Development
of Precinct F
‘Starco Development its Ply Lid
GROUND FLOOR

(SHOWING AMENDED CONTOURS ‘nan sianay Associates
RIOR TO CONSTRUCTION) ‘sae: 11000 atu 2007
Dwg No: 433-SK0s B


[Attachment: image3.png (image text)]
 

 

 

PROPOSED PRECINCT F DEVELOPMENT Aro
NOOSA SPRINGS, NOOSA HEADS ‘crow nooe Fowonoe

  

Figure 2— Layout Modified March 2016


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Original Approval Current approval Proposal
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nits = 20,6095qm

‘community Facies =
4434isam

 

 

 

 

 

 

er Covered
Parking [Block 15 2 2
Block 36 ea 2» 2 16 27 6
Block 47 2 2
‘Block 7 o 6
Block = Be 2 é 2 6 2