L01 to NSC -Amended lodge CA (003) · 51989.338.01

Page 2

         for Sport & Recreation use (Par 3 golf Course Extension).

         TPC2811 included 18 conditions of approval and attached the approved plan as included in
         Attachment B. The use approved in TPC2811 has commenced and complied with relevant
         conditions required prior to commencement of use. The use approved in TPC2811 has not been
         abandoned since its commencement and as such TPC2811 remains current.

        MCU14/0068 issued in 2014 approved the extension and amendment of the Par 3 golf course
         fairways within Lots 2 and 3 RP 223289. No new golf course buildings were approved in this
         existing development approval. There were no conditions requiring additional parking spaces to be
         provided. The plans approved in MCU14/0068 are included in Attachment C and confirm that the
         development approval did not change the layout of that part of the golf course approved either
         TPC2262 or TPC2811. The extension golf course use approved in MCU14/0068 has not been
         abandoned since its commencement and as such MCU14/0068 remains current. This change
         application does not seek to change MCU14/0068.

It should be noted that Easement A on RP223289 has an area of 6637m2 and registered over Lot 3 on RP223289 in
favour both Lots 4 and 5 on RP223289 and Easement B on RP223289 has an area of 250m2 and registered over
Lot 2 on RP223289 in favour both Lots 3, 4 and 5 on RP223289.


The Proposal

The majority of the approved put put area as shown on the plan in TPC2262 (refer to Attachment A) that is covered
by the biodiversity overlay in the current Noosa planning scheme (‘2020 Noosa Plan’) as shown in Figure 1 below.


Figure 1: The approved put put area shown on an aerial photograph and the diversity mapping in the 2020 Noosa Plan




The landowner saw merit in relocating the approved put put area away from Council’s overlay mapping and has
investigated alternative sites. A pre-lodgement meeting was held on-site with a Council DA planner and engineer to
identify Council’s preferences for an alternative site on the 10th March, 2022.

Page 3

With the benefit of advice provided by Council at that meeting, the landowner now proposes that site for the proposed
mini golf area as shown on the proposed site plan by Richard Chamberlain Golf Design included in Attachment D.

The proposed min golf area includes the following proposed development:-

      a)     18 min golf greens and an associated warm-up green
      b)     ancillary kiosk/mini golf administration
      c)     three (3) ancillary seating areas for players of the proposed min golf
      d)     25 additional parking spaces
      e)     alterations to the existing 1st, 9th and 10th holes of the Par 3 course
      f)     an additional walkway servicing the 1st, 9th and 10th holes
      g)     associated buffer and amenity landscaping for the proposed min golf area, the 9th hole, and additional
             parking spaces
      h)     that area in which the put put golf was approved in TPC2262 will remain in its current condition.


The applicant is currently preparing more detailed proposal plan for the kiosk.

The proposed min golf area will involve the following operations:-

      a)     The mini golf area will be administered and supervised from a proposed ancillary kiosk that will also offer
             light food/refreshments. The kiosk will only offer light food/refreshments on weekends, public holidays and
             potentially school holidays. Outside of this time the administration of the min golf and other purchases will
             be made in the existing clubhouse. The kiosk will not be open to the general public.

      b)     Mini golf activities will be limited to the proposed mini golf area and will not extend onto the greens in the
             Par 3 golf course.

      c)     Hours of operation of the proposed mini golf will be as follows (in addition to ongoing maintenance):-
                      Sunday, Monday, Tuesday, Wednesday:- 9:00am to 6:00pm
                      Thursday to Saturday & Public Holidays & School Holidays:- 9:00am to 9:00pm

      d)     There will be additional night lighting over the proposed mini golf area to allow mini golf to be played until
             9pm.

      e)     There will be subtle background (only) music on the mini golf course however no announcements will be
             made across any public address system as is common in golf courses for obvious reasons.

      f)     Alterations to the 1st, 9th and 10th holes in the existing Par 3 golf course comprise mainly minor tee
             flattening which will be undertaken by the green keeping staff currently on site and not involve bringing any
             external fill or disposal of fill within the site.

      g)     The applicant does not propose any additional fencing.


The Proposed Changes to TPC2262 & TPC2811

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

 1.        To amend the plans approved in both TPC2262 and TPC2811 to allow the development shown on the
           proposal plan in Attachment D.

 2.        To amend the operations approved in both TPC2262 and TPC2811 to allow those operations proposed
           above.

 3.        The applicant also request the deletion of existing condition 11 in TPC2262 that requires the amalgamation
           of titles. If considered necessary by Council, an additional condition could be added requiring all existing
           lots to be used as part of the approved use and as provided by in the remaining conditions of approval. It is
           relevant in this regard that there are no buildings approved over or near existing cadastral boundaries. The
           condition was particular common at the time that TPC2292 was issued due to complications associated with
           then State planning legislation, planning scheme and their respective by-laws binding successors in title with
           development approvals.

Page 4

Statutory Requirements

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

   ‘minor change means a change that—
   ….

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

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

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

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

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

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


Development Assessment

In assessing this change application, Council, as its assessment manager, must consider that planning scheme as
in effect when the original development applications were properly made (S81 of Planning Act 2016). This change
application refers to this planning scheme as the 1985 Noosa planning scheme for both TPC2262 and TPC2811.
The Planning Act also provides for Council to be able to give appropriate weight to, among other things, the planning
scheme when the change application was made. This is the current version of the 2020 Noosa Plan.

The site is currently included in the Rural Residential Zone under the 2020 Noosa Plan.

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

     1. This change application proposes to relocate the approved put put area out of that part of the site
        covered mostly by Council’s biodiversity overlay mapping under the 2020 Noosa Plan to an area
        which is not covered by any such overlay mapping in the 2020 Noosa Plan.

     2. That area in which the put out golf was approved will remain in its current condition.

     3. The proposed mini golf area within that land already approved for Par 3 golf and only minor alterations
        are necessary to three existing holes in the approved Par 3 golf course.

     4. The proposed min golf area is central within the site and clear of any biodiversity overlay mapping in
        the 2020 Noosa Plan.

     5. An additional 25 car parking spaces are proposed as part of this change application.

Page 5

     6. This change application does not introduce a new use given that a put put area was approved within
        the site in TPC2262.

     7. This change application reduces the potential for impacts of the put put activity on any biodiversity
        values by increasing the separation of the proposed mini golf from the surrounding biodiversity
        overlay mapping.

     8. The proposed mini golf is better positioned than the approved put put area in relation to access to
        the existing access driveway, both existing and proposed car parking spaces, and the existing
        clubhouse.

     9. There is no need for this change application to also seek a change to MCU14/0068.


Summary and Closure

This change application is seeking to a minor change to two existing development approvals (Council’s references:
TPC2262 and TPC2811) by those proposed changes identified above. It is considered that the proposed changes
comply with the relevant planning outcomes in both the originating 1985 Noosa planning scheme and the 2020 Noosa
Plan.

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

The following five (5) documents are attached as part of this change application:
   1.      Approved Plan in TPC2262 (Attachment A)
   2.      Approved Plan in TPC2811 (Attachment B)
   3.      Approved Plan in MCU14/0068 (Attachment C)
   4.      Proposed site plan by Richard Chamberlain Golf Design (Attachment D)
   5.      A completed Planning Act Form 5 (Attachment E)


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

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


Yours faithfully,




Greg Martoo
Principal
Martoo consulting pty ltd


Encl (5)