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Martoo Representations to NC

Attached to the e-mail MCU18/0009 - Representations to conditions of approval.

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Council’s Reference:   MCU18/0009
Our Reference:         02187 L12 NG
Our Contact:           Nadine Gorton




2nd October 2018




Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565



ATTENTION: PLANNING DEPARTMENT – PATRICK MURPHY


Dear Sir/Madam,

RE:     CHANGE REPRESENTATIONS TO COUNCIL CONDITIONS
Development Approval – Material Change of Use – Multiple Housing Type 3 Retirement and
Special Needs over land described as Lot 2 on RP148228 and situated at 186 Cooroy Noosa
Road, Tewantin


We refer to Council’s Decision Notice dated 21st August 2018 regarding the above development application
and the subsequent suspension of the appeal period on 31st August 2018 in order to make change
representations.

Please find below change representations Councils decision:


Decision Type: – Preliminary Approval for a Material Change of Use - Multiple Housing Type 3- (Retirement
& Special Needs)

Representation to Decision Type – The applicant has prepared amended plans that address the conditions
of approval and require the development to be located outside of the mapped Q100 flood area.

Proposed new Decision Type – Issue a Development Permit for a Material Change of Use - Multiple Housing
Type 3- (Retirement & Special Needs)



Condition 1 – Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are numbered 1717 DA 01 – DA 15 prepared
by Middap Architecture and dated November 2017. These plans must be amended in accordance with
the conditions.

Representation to condition 1 – As required by condition 2 of the approval, the applicant submits amended
plans that relocate all development above the Q100 flood line. The condition is requested to be altered to
reflect the new plans. Refer Attachment A.

Proposed new condition 1: Development undertaken in accordance with this approval must generally
comply with the approved plans of development. The approved plans are numbered MCU 02A prepared
by Middap Architecture Pty Ltd.
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Page 2

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Condition 2 – Amended plans and associated reports must be submitted to Council prior to any further
development applications being made and must include the following to the reasonable satisfaction of
the Manager, Development Assessment:
     2.1 All development and associated vegetation removal and fire management measures must be
     located outside the Q100 flood line and not extend further east from the existing carpark footprint
     to protect the existing wetland vegetation and Swamp Crayfish habitat.
     2.2. Car parking must be provided at a rate of 0.92 car spaces per bed. Of these, 0.21 spaces per
     bed are for event days and must be provided in temporary areas on the site. The layout must
     comply with Australian Standard AS/NZS 2890.1-2004 and may include the existing 18 car parking
     spaces in the road reserve.
     2.3. All additional car parking required for the development must be provided on site.
     2.4. New buildings must be set back at least 6.0 metres from the front and the rear boundary.
     2.5. A minimum landscape setback of 6.0 metres must be provided to all boundaries, apart from
     existing development, with existing vegetation retained and reinforced in the setbacks to maintain
     the amenity of adjoining residents and a visual screen to Cooroy Noosa Road.
     2.6. Noise attenuation measures must be incorporated into the building design to mitigate traffic
     noise impacts from Cooroy Noosa Road. The design criteria for the development must be
     63dB(A)L10(18hours)
     2.7. All buildings and works must be sited in a manner that provides for retention of some healthy
     groupings of significant trees to the west of the Q100 flood line to the reasonable satisfaction of the
     Manager, Development Assessment.

Representation to condition 2 – Condition 2 requires the submission of amended plans and reports. The
applicant submits the following:

    2.1 Revised plans that detail development outside the Q100 flood line Refer Attachment A.
    2.2 Revised plans that comply with carparking requirements. Refer Attachment B. A revised Carparking
        Management Plan for events is also included Refer Attachment C.
    2.3 As above
    2.4 Revised plans provide 6.0 metre setbacks. Refer Attachment A.
    2.5 As above
    2.6 Proposal able to comply with requirement.
    2.7 Existing vegetation will be retained where possible. It is noted that the applicant is dedicating a
        substantial portion of the site considered by Council to have environmental values and that this area
        includes significant trees which addresses Council requirements. Refer Attachment A.

The requirement for the amended plans and additional reports is no longer relevant and the condition is
requested to be deleted or amended to detail car parking, setback and noise attenuation matters.

The applicant also submits a statement from Rob Friend & Associates Pty Ltd that examines the amended
proposal against bushfire requirements. Mr Friend indicates that the proposed bushfire measures to be
implemented on site including construction standards are over specified for the risk however will ensure risk
is mitigated to an acceptable standard. (Refer Attachment D).

Delete condition


Condition 26 – All works must be constructed and work procedures undertaken in accordance with:
   a. The approved plans, the approved amended plans and the conditions detailed in this Decision
   Notice.
   b. The document ‘Proposed Cartwright Village Extension – Carramar, Noosa Care Integrated Water
   Management Plan Version 0’ by Callaghan & Toth dated 12 February 2018.
   c. The document ‘Noosa Care Inc Cartwright Village Extension Carramar, Cooroy Noosa Road,
   Tewantin Preliminary Design of Stormwater Detention Volume’ by BSM dated 21 December 2017.
   d. The document ‘Flood Study Noosa Care – Carramar’ by Cardno dated 24 July 2017.
   e. The Addendum Letter by Cardno (document number WE17064) dated 23 March 2018.
   f. The Technical Memorandum by Cardno (ref WE17064_Carramar_TM01) dated 13 July 2018.
   g. A minimum Finished Floor Level (FFL) of the Aged Care Facility and any associated facilities at
   8.80m AHD.
   h. A minimum Finished Floor Level (FFL) of the Independent Living Units of 8.80m AHD.
   i. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications
   and guidelines are to be adhered to.

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   Page 3

     Prior to the issue of a Development Permit for Material Change of Use these reports must be
     amended to reflect the amended development proposal as required by Condition 2.

Representation to condition 26 – The applicant submits the following revised reports to address the
condition:
    a) Amended plans are submitted that located all buildings outside the Q100 flood line as required by
         condition 2.1 Refer Attachment A.
   b) A revised Integrated Water Management Plan prepared by Callaghan and Toth will be submitted to
         address the amended development proposal.
   c) Refer b) above
   d) A technical memorandum reviewing the revised proposal with reference to flooding has been
         prepared by Cardno. Refer Attachment E.
   e) Refer d) above.
   f) Refer d) above.
   g) Proposal able to comply with minimum floor heights.
   h) Proposal able to comply with minimum floor heights.

The amended plans and further addendums to the specialist reports addresses the condition above.

Proposed amended condition Update condition to reflect additional documentation provided.



Condition 27 – An easement for drainage purposes must be registered against the titles of the
properties in favour of Council over the land area identified as being below the post development 1%
AEP flood level on the subject site from flooding sources external to the site (excluding proposed
structures). The easement width must be in accordance with Noosa Council’s DDPSP. The easement
must be granted at no cost to Noosa Council. The wording of the easement documentation must be in
accordance with Council’s Standard Easement document.

Representation to condition 27 – Condition not required as the area below Q100 is to be dedicated to
Council as per condition 36.

Request - delete condition



Condition 36 – Prior to obtaining a Development Permit for Operational Works the land area identified
as occurring at or below the 1 in 100 ARI (Q100) and to the east of the existing car park footprint must
be dedicated to Council in fee simple on trust for the purpose of an Environmental Park. The land to be
dedicated is “non-trunk infrastructure” for the purposes of the Planning Act 2016.

Representation to condition 36 – Following issue of Councils decision notice, the applicant met with Council
staff to address the requirements and conditions of the preliminary approval. During these discussions the
applicant noted that the condition required the dedication of an area of the site that included existing pathways,
seating and lawn areas that were used for passive and active recreation by residents. This area is clear of the
crayfish habitat and is a landscaped area that will be maintained in its current state.

As this area is part of the landscaped setting and is not in its natural state, the applicant requests that this
landscaped area be excluded from the area required to be dedicated to Council for environmental park as
detailed on Middap Architecture Pty Ltd - Plan MCU. 02A. (excerpt below). The applicant notes that a 2.1
metre high pool fence will be required to be constructed along this boundary for the safety of residents. Advice
has been received from Cardno that the proposed fence and revised building layout will lessen the potential
for negative impacts or blockages.

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   Page 4



                                                                       Proposed wetland fence




                                                                                   Existing landscaped area with
                                                                                   pathways and seating




                                                                                           Q100 Flood Line




                                                                                          Crayfish habitat




Proposed amended condition – that the condition be amended for the wetland fencing to reflect the location
as detailed on Middap Architecture Pty Ltd Plan MCU 02A with regard to the landscaped and pathways areas
to the north of the carpark.


Due to the time frames detailed under the Planning Act 2016, the applicant lodges these representations
without the revised Integrated Water Management Plan which will be submitted shortly.

Please do not hesitate in contacting our Sunshine Coast office if Council requires any further information and/or
clarification in relation to these representations.


Yours faithfully,




Nadine Gorton
Senior Planner
martoo consulting pty ltd

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