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Minor Change Report 132008 478 02 {As Published}

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author                  Maxwell Potter
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                     132008.478.02

                    Development Approval                132008.478 Educational Establishment – Secondary School
                                                        (Stage 5)

                    Applicant                           Greenline Group Pty Ltd

                    Request Received On                 19 February 2021

                    Decision Due Date                   19 March 2021

                    Reviewed By                         Patrick Murphy on 18 May 2021


                    PROPERTY DETAILS

                    Property Address                    St Teresa's Catholic College
                                                        45 Sea Eagle Drive Noosaville

                    RP Description                      Lot 801 SP 153455

                    Land Area                           6,9986m2

                    Existing Use of Land                Education Establishment


                    STATUTORY DETAILS

                    SEQRP Designation                   Urban Footprint

                    Locality                            Noosaville

                    Zone                                Community Facility

                    Overlays                            Acid Sulfate Soils Overlay
                                                        Bushfire Hazard Overlay

                    Assessment Type                     Minor Change to Development Approval



               1.      PROPOSAL
               The applicant seeks approval to change existing development approval 132008.478 for
               Educational Establishment – Secondary School (Stage 5). It is proposed to add a PVC Barrel Vault
               Double Basketball Court Cover to existing basketball courts. The courts are not currently lit, new
               lighting is proposed on the underside of the roof.

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Page 2

               The figures below demonstrate the proposal.




                                                     Figure 1 – Site Plan




                                                    Figure 2 – Elevations




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                                                      Figure 3 – Elevations




                                                      Figure 4 – 3D Image

               2.     BACKGROUND
               At the Ordinary meeting of 6 February 2003 Council approved an application for:
                   A preliminary approval for material change of use and lot reconfiguration for 181 dwelling
                    houses, group housing development of 66 dwelling units and an educational establishment
                    (secondary school of 750 students); and
                   A development permit to reconfigure the subject lots into 2 lots, comprising one for the
                    residential development and a second lot for the school.
               The applicants made representations to the approval conditions with a negotiated decision notice
               issued on 22 May 2003. An appeal was subsequently lodged seeking further clarification of
               conditions with the consent order made on 5 September 2003.
               A Plan of Development forms part of the preliminary approval, which requires lodgement of further
               code assessable applications for the secondary school, the group housing developments and an
               impact assessable application for the forest cluster development. The Plan of Development also
               stipulates development requirements applicable to each of the approved uses, governing their
               density and design, with conditions of approval requiring the lodgement of various management
               plans for the site’s development.
               The first stage of the school for approximately 21 staff and 210 students was approved on 18
               December 2003, with a Negotiated Decision Notice issued 26 February 2004, with the second
               stage of the school approved on 17 August 2005 bringing the total number of staff on site to 26,
               students to 332. The third stage was approved on 7 March 2006 bringing the total number of staff
               to 36 and students to 470 and the fourth stage was approved on the 14 March 2007 bringing the
               total number of staff to 54 and students to 631. Stage 5 was approved on 8 May 2008 providing a

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               maximum number of 740 students and 74 staff. Several minor changes to the original approvals
               have occurred, these include:
                     132005.304.01 – Educational Establishment Stage 2 - Minor Change for a new Chapel and
                      new Teaching Room.
                     132005.304.02 – Educational Establishment Stage 2 – Minor Change for a new Bus Shelter
                     132008.478.01 – Education Establishment Stage 5 – Minor Change for an extension to the
                      Multipurpose Hall and a new Lecture Theatre.
               3.     ASSESSMENT
               3.1. 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:
                     Communities Activities Code
               3.2. 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 change does
                      significantly change the built form;
                     the change does not increase the hours of which the educational establishment will be
                      used;
                     the change does not include prohibited development;
                     the change would not require the application to be referred to an additional referral agency
                      or cause a referral agency to have regard to new matters prescribed by regulation;
                     where the original application was code assessable, the change would not cause the
                      application to become impact assessable.
               3.3. Statutory Instruments – Planning Scheme
               The development at the time of the original approval complied with all the relevant provisions of
               the superseded planning scheme. The superseded planning scheme parameters are similar to that
               of the Noosa Plan 2020 provisions.
               Plan of Development
               The Plan of Development identifies the developable area for the secondary school precinct, with
               setbacks for the protection of the site’s environmental values located in the open space precincts.
               The proposed development is fully located within the secondary school precinct and within the
               existing footprint of the school building clusters.
               The plan of development also contains development requirements applicable to the secondary
               school, establishing the maximum number of students, site cover, gross floor area, landscaped
               setbacks, building design, height, parking and on-site water usage. An assessment against these
               requirements is included in the Table 1 below.



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               It is important to note Table 1 does not include the assessment of grade 7 student numbers or
               building parameters related to building work undertaken to include the grade 7 cohort into the
               secondary school in 2015. In 2013, the Queensland Government introduced the Flying Start
               Program which amended the Sustainable Planning Regulation 2009 to assist schools with the
               transition of year 7’s into secondary schooling. The amendment exempted school development for
               year 7’s from assessment against a local government planning scheme providing any works
               required met certain criteria in the regulations. The building works for the grade 7 cohort complied
               with those provisions at the time. The current Year 7 cohort has around 145 students.
               Table 1 - Development parameters


                           Plan of Development                  Proposed Development                 Complies
                              Requirements
                The School shall have a maximum The school currently has 740 students                  Yes
                student population of 750 students;
                Maximum site cover of all buildings The proposed site cover for all stages             Yes
                shall not exceed 15%;                     is approximately 11.8% (includes a
                                                          total 657m² of additional site cover for
                                                          this current proposal)
                Maximum gross floor area shall not The gross floor area for all stages is              Yes
                exceed 9000m2;                            8,213m2. (includes a total 586m² of
                                                          additional GFA for this current
                                                          proposal)
                Minimum landscaped setback to 10m wide landscaped setbacks are                         Yes
                residential properties shall be not less provided. No change to the setbacks
                than 10 metres;                           are proposed as the development is
                                                          within the school sports courts
                                                          footprint
                All building design shall incorporate The proposed development is for a                Yes
                pitched roofs, eave overhangs and a shade sail and not a building.
                mix of materials, including zincalumn /
                colourbond roofing.
                A 1 lane access way shall be No change to the existing conditions.                     Yes
                permitted across the head of the
                school site’s gully along the site’s
                southern boundary;
                The secondary school shall be fitted No change to the existing conditions.             Yes
                with a rainwater collection and reuse
                system with a minimum capacity of
                100,000L.      This system will be
                appropriately designed such that
                runoff from major roof areas is
                collected and delivered to a rain water
                tank(s) for use for non-potable (non
                drinking water) to supply toilet flushing
                at a minimum;
                A maximum building height of 8.0 The proposal complies with this                       Yes
                metres or 2 storeys, save for any provision. Whilst the shade sail
                multi-purpose building where the comprises a height of 10.5m it is not
                height can extend to 10.0 metres considered a building.
                above natural ground line;
                Parking is to be provided in                                                           Yes
                                                          Parking is not altered by the proposed
                accordance with The Noosa Plan that
                                                          shade structure.
                being 1 space per employer, plus 1
                space per 10 students, plus a sealed
                area making provision for buses;

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                The development shall comply with an      The most recent EMP was prepared              Yes
                approved EMP for the site with            by Callaghan and Toth for the
                specific attention being given to water   Corporation of the Trustees of the
                quality control.                          Roman Catholic Archdiocese of
                                                          Brisbane, February 2020 (Ref 1923
                                                          IWMP.doc).

                                                          The proposed shade sails will
                                                          increase the amount of water on the
                                                          drainage systems and in turn the
                                                          storm water basins.

                                                       The development approval will be
                                                       conditioned in order to ensure the
                                                       increased volume of water will not
                                                       adversely impact the drainage
                                                       system.
                The     development     shall    make No change to existing conditions.                 Yes
                provision for a minimum 6.0 metre
                landscaped buffer to the road reserve.
                Subject to Council consent, this
                setback may be varied where it is
                demonstrated that a lesser buffer will
                not impact on the amenity of the
                streetscape.
               The table above demonstrates the proposal complies with the Plan of Development’s requirements
               applicable to the school’s development.
               Height
               Acceptable Outcome AO17.1 of the Community Facilities Zone Code requires that within urban
               boundaries buildings and other structurers are no more than 8 metres in building height. The
               proposed shade sail structure exhibits a maximum height of 10.5 metres (refer to Figure 5) and
               therefore does not comply with AO17.1
               The corresponding Performance Outcome PO17 seeks buildings and structures:
                    (a) Are low rise and have a visual bulk and architectural scale consistent with the character of
                        the area;
               The proposed shade sail structure will cover the existing basketball courts and is supported by 8 x
               5.1m pillars. The predominant bulk of the structure is located above the basketball courts, while
               the support pillars run adjacent to the longest section of the courts. Further, the basketball courts
               are located 2 metres from the newly renovated sports hall, which is of a similar scale to the
               proposed shade sail structure.


                    (b) Do not visually dominate the street and surrounding spaces;
               The proposed shade sail structure is within the educational establishment site and setback
               approximately 40 metres from the closest street, Alyxia Court. Further, the shade sail is of a
               consistent height with the nearby sports hall and a mature vegetation buffer is situated between
               the closest dwelling houses and the proposed structure.


                    (c) Preserve the amenity of surrounding development including privacy, views and access to
                        sunlight to residential dwellings;
               The proposed shade sail structure is to simply provide protection to the basketball court from the
               weather and allow for prolonged usage of the courts for periods beyond what are currently possible.

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               The proposed shade sail structure will not act as a viewing platform and will therefore not raise
               privacy concerns. In addition, the shade sail is located to the south of the closest dwelling houses
               and will not intrude on the properties access to sunlight.


                    (d) Respect the scale of the surrounding vegetation, maintaining a vegetated skyline;
               The proposed shade sail is not of an overall greater height than the vegetation to the north, of
               which consists of mature trees and shrubs. As such, the vegetation maintains a vegetated skyline.


                    (e) Have a maximum building height of two storeys.
               The proposed structure is of a building height of one storey.
               The proposed shade sail complies with Performance Outcome PO17 of the Community Facilities
               Zone Code.




                                                                    10.5m




                                                     Figure 5 – Structure height


               Amenity
               Hours of Operation
               Acceptable Outcome AO8.5 of the Community Activities Code states, with the exception of
               emergency services, where the site directly adjoins land in a residential zone, the use or activity is
               to operate between the hours of 7:00am to 9:00pm seven days a week.
               The proposed PVC Barrel Vault Double Basketball Court Cover is located approximately 10 meters
               south of a Low Density Residential Zone (Figure 5). The proposal is to protect the existing
               basketball courts from the weather and allow for prolonged usage of the courts for periods beyond
               what are currently possible.
               In regards to Acceptable Outcome AO.8.5, the business manager for St Teresa’s Catholic School
               provided the following statement.
               The Courts will be used daily as part of teaching and learning curriculum for our students. The
               courts are for school use only. There will be no additional use of the courts it will remain the same
               as. School hours are 7:30AM – 3:00PM Monday – Friday.
               The statement provided by the business manager confirms the proposal will not increase the hours
               of use for the basketball courts and therefore complies with Acceptable Outcome AO8.5 of the
               Communities Activities Code.




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                                                Figure 6 – Proximity to Low Density Residential


               Light Pollution
               Acceptable Outcome AO27.2 of the Community Activities Code states:
                      For a lit sports court,
                           a) the court is located at least 60 metres form the external wall of an existing or approved
                              residential dwelling on adjoining or nearby premises (as measured form the centre
                              line of the court);

                           b) and the vertical illumination resulting from the direct, reflected or other incidental light
                              emanating from the site does not exceed 9 lux when measured at any point 1.5
                              metres outside the boundary and at any level from ground level upward; and any
                              flood lighting is restricted to the types that give no upward component of light where
                              mounted horizontally (i.e. a full cut off luminaire).
               Performance Outcome PO27 of the Community Activities Code seeks ancillary outdoor recreation
               uses do not have an adverse impact on the amenity enjoyed by users of adjacent or nearby
               residential uses.
               A site visit undertaken by Council allowed for a further analysis of the proximity of the courts to the
               neighbouring dwelling house. Figure 6 demonstrates the centre of the basketball court is
               approximately 35 metres from the nearest wall of the nearest dwelling. Upon visiting the site, it was
               considered that there is adequate vegetation between the neighbouring houses and the basketball
               courts. The vegetation was of a mature nature and provided a physical buffer between the courts
               and dwelling houses and will mitigate any light pollution that will affect the amenity of the Low
               Density Residential Zone.




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                                                Figure 7 – Proximity to nearest resident


               The proposed roof includes 13 x 200W LED lights at various mounting heights. The direction of
               the proposed lights face towards the court, thus soften light pollution towards the adjacent dwelling
               houses. Further, the proposed use of the basketball court is between 7:30am and 3pm and
               therefore it is unlikely the lights will be used on a regular basis. The mature vegetation and direction
               of the proposed lights facing away from the nearby dwelling houses will not result in the proposal
               adversely affecting the amenity enjoyed by nearby residential uses and complies with
               Performance Outcome PO27 of the Community Activities Code.
               Stormwater Runoff
               The application proposes to change the current drainage arrangements for runoff from the
               basketball courts towards the bioretention basin.
               The application proposes to direct an additional 550m2 of catchment area towards the outlet pipe
               into the drainage swale. This area already shows evidence of scour alongside the edges of the
               outlet of the drain, suggesting that the velocity of flows in that area are resulting in the scour.
               Additional catchment will increase this existing scour.
               Further, the application proposes to direct an additional 265m2 to the concrete spoon drain to the
               west. No information has been provided regarding whether the additional flows are within the
               capacity of the drain, or whether they will overflow and cause scour.




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                          Figure 7 – Existing catchments over the basketball court and direction of stormwater runoff




                      Figure 8 – Proposed new catchment drainage arrangement and stormwater runoff direction




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                                Legend
                                       Eastern Pipe to Drain
                                       Exposed Drain
                                       Spoon Drain

                                                       Figure 9 – Approximate Drain Locations


               Table 1, shows the current, proposed and change of the area over the basketball courts, of which
               drain to concrete spon drain, via eastern drain pipe to the exposed drain and overland flow to
               exposed drain the drain.

                       Area over basketball courts draining:                  Current           Proposed   Change

                       To concrete spon drain                                 435m2             700m2      +265m2

                       Via eastern pipe to drain                              320m2             700m2      +380m2

                       Overland flow to the exposed drain                     550m2             0m2        -550m2

                                             Table 1 – Area over basketball courts draining changes


               The applicant was issued a further advice letter on 22 March 2021, regarding the hours of operation
               for the basketball court, whether the shade sail will alter the existing drainage catchments such
               that will result in scour within each receiving drain, and if the eastern drain was constructed and
               maintained as per the approved design. The applicant failed to provide an adequate response to
               the stormwater questions in the further advice letter. Council requested the applicant engage
               advice form the stormwater engineer that designed the existing system that the proposed shade
               sail structure will drain to. In turn, the applicant provided insufficient information to Council for what
               is considered to be a minor and resolvable issue.
               A new condition is therefore proposed to facilitate the installation of the proposed shade sails and
               as such will not overload the existing drainage system, thus generating scour, water ponding and
               mosquito breeding.




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               4.     CONSULTATION
               4.1. Referral Agencies
               Not Applicable.
               4.2. Other Referrals
               The application was forwarded to the following internal Council specialists:
                     Environmental Officer
               5.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme.
               Amenity issues have been discussed and comply with the planning scheme, whilst the stormwater
               issues will be addressed by a condition. The application is therefore recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. 132008.478.02, to make a minor change to an existing approval for
               an Education Establishment – Secondary School (Stage 5), situated at St Teresa's Catholic
               College 45 Sea Eagle Dr Noosaville Qld 4566 described as Lot 801 SP 153455, Council on 18
               May 2021 decided to:
               A.     Approve the change.
               B.     Amend condition 1 to read:
                      Approved Plans
               1.     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

                         DG-500-001.1       C      PVC Barrel Vault Double Basketball Courts, 10.03.2021
                                                   prepared by Greenline

                         DG-500-001.2       C      PVC Barrel Vault Double Basketball Courts 10.03.2021
                                                   Site Plan, prepared by Greenline

                         DG-500-001.3       C      PVC Barrel Vault Double Basketball Courts 10.03.2021
                                                   Design Considerations, prepared by Greenline

                         DG-500-001.4       C      PVC Barrel Vault Double Basketball Courts 10.03.2021
                                                   Setout Plan, prepared by Greenline

                         DG-500-001.5       C      PVC Barrel Vault Double Basketball Courts 10.03.2021
                                                   Structure Plan, prepared by Greenline

                         DG-500-001.6       C      PVC Barrel Vault Double Basketball Courts 10.03.2021
                                                   Elevations, prepared by Greenline

                         DG-500-001.7       C      PVC Barrel Vault Double Basketball Courts 10.03.2021
                                                   Existing Conditions, prepared by Greenline

                         DG-500-001.8       C      PVC Barrel Vault Double Basketball Courts 10.03.2021
                                                   Site Access and Security, prepared by
                                                   Greenline


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                         DG-500-001.9       C      PVC Barrel Vault Double Basketball Courts 10.03.2021
                                                   Roof Plumbing Plan, prepared by Greenline

                         DG-500-001.10      C      PVC Barrel Vault Double Basketball Courts 10.03.2021
                                                   Stormwater Drainage Plan, prepared by
                                                   Greenline

                         DG-500-001.11      C      PVC Barrel Vault Double Basketball Courts 10.03.2021
                                                   Illuminance Plan, prepared by Greenline

                         DG-500-001.12      C      PVC Barrel Vault Double Basketball Courts 10.03.2021
                                                   Electrical Plan, prepared by Greenline


               C.     Include the following additional condition:


                      Stormwater Management
               61.    Runoff from outlets of the downpipes of the shade sails must not exceed the available
                      capacity of the drainage systems the downpipes are directed towards. To achieve this, a
                      100% pervious roof must be installed or alternatively prior to the issue of a Development
                      Permit for Building Works provide to the satisfaction of Council:
                      a) Certification from a suitably qualified and experienced RPEQ engineer who is familiar
                         with the existing drainage system and approved Integrated Water Management Plan for
                         the site prepared by Callaghan and Toth for the Corporation of the Trustees of the Roman
                         Catholic Archdiocese of Brisbane, February 2020 (Ref 1923 IWMP.doc), that the
                         additional 265m2 of catchment directed to the western concrete lined spoon drain and
                         additional 380m2 directed to the outlet into the drain that receives flows from the eastern
                         catchment will not exceed the capacity of those respective existing drainage systems;
                         and

                      b) Design and certification by a suitably qualified and experienced RPEQ engineer (i.e.
                         including who is familiar with the existing drainage system and approved Integrated
                         Water Management Plan for the site prepared by Callaghan and Toth for the Corporation
                         of the Trustees of the Roman Catholic Archdiocese of Brisbane, February 2020 - Ref
                         1923 IWMP.doc) of any works necessary to increase the capacity of the drains that
                         receive discharges from downpipes, to facilitate their free drainage towards the bio
                         retention basin, and incorporation of appropriate scour protection in line with QUDM and
                         Noosa Plan PSP6 Engineering Design Standards where necessary to prevent scour.

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




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