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Minor Change Application Report · MCU15/0111.03

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26 August 2019

Chief Executive Officer
Noosa Shire Council
PO Box 141
Tewantin QLD 4565


Via email: [email protected]


Dear Sir/Madam

         REQUEST FOR A MINOR CHANGE TO A DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF
         USE FOR MULTIPLE HOUSING – TYPE 3 – RETIREMENT AND SPECIAL NEEDS (22-
         INDEPENDENT LIVING UNITS, COMMON FACILITIES, CARETAKERS RESIDENCE AND AGED
         CARE FACILITY) AND RECONFIGURING A LOT – 4 LOTS INTO 3 LOTS AT 2 & 4 LAMONTS ROAD
         AND 19 & 20 TRADING POST ROAD – LOTS 101, 102 AND 103 SP287641 (COUNCIL
         REFERENCE: MCU15/0111 & REC15/0031)

In accordance with Section 78 of the Planning Act 2016 (PA) and on behalf of Palm Lake Resort Pty
Ltd, it is proposed to make a change to the abovementioned approval at 2 & 4 Lamonts Road and 19
& 20 Trading Post Road.

The changes would require amendments to the Development Approval issued by Noosa Shire Council
on 21 July 2016 (MCU15/0111 & REC15/0031). Noosa Shire Council are therefore the responsible
entity for the purposes of the request.

The following documents accompany this application:

         Attachment A – PA Form 5 – Change Application Form;
         Attachment B – Proposal Plans – Amended Site and Staging and new Recreational Building
         Floor and Elevation Plans;
         Attachment C – Current Development Approval and Stamped Approved Plans MCU15/0111;

BRIEF

The purpose of this Change Application (minor) is to replace the current approved on-site Caretakers
Residence with an additional communal facility, a Recreational Building. The Recreational Building
will form part of the common facilities available to all residents of Palm Lake Resort Cooroy-Noosa.




 (07) 5552 1300                                                                        Palm Lake Works
 Southport Central Tower 3, 9 Lawson Street, Southport QLD 4215                   Palm Lake Works Pty Ltd
 PO Box 10479, Southport BC QLD 4215                                                    ACN 095 986 119
Full text of the other 7 pages

Page 2

BACKGROUND

Walter Elliott Holdings (now known as Palm Lake Resort) purchased the development site off RLS
Care in mid 2014.

24 June 2014 – At the time of purchase the site featured an existing approval for Multiple Housing –
Type 3 (retirement and special needs) including 159 independent living units, two storey 20 unit
apartment building, two storey 120 bed aged care facility and village community center (Council
application no. 132007.2398.01).

2 March 2015 – A Change Application was approved by Council for Multiple Housing Type 3 –
Retirement and Special Needs for 164 independent living units, single storey 120 bed aged care and
ancillary facilities including a clubhouse, tennis court, covered bowling green, workshop and outdoor
pool (Council application no. 132007.2398.02).

22 July 2016 – Council approved an extension to the resort for an additional 56 independent living
units (220 total), aged care (120 bed) and ancillary facilities. The approval also included a
Reconfiguration of Lots (Boundary Realignment) for a 4 into 3 lot subdivision (MCU15/0111 &
REC15/0031).

21 June 2018 – An application for a further extension for an additional 10 independent living units
(230 total) was approved by Council over an adjoining property (MCU17/0551).

The following minor change application proposes to change MCU15/0111 & REC15/0031 as this
Decision Notice specifically approves the Caretakers Residence, which is proposed to be replaced as
part of this application.

EXISTING APPROVAL

On 22 July 2016 Noosa Shire Council issued a Decision Notice for a Material Change of Use for
Multiple Housing – Type 3 Retirement & Special Needs (for 220 independent living units, common
facilities, caretaker’s residence and aged care facility) and Reconfiguring a Lot – 4 Lots into 3 Lots at
2 & 4 Lamonts Road and 19 & 20 Trading Post Road, Cooroy (MCU15/0111 & REC15/0031).

The approved development involves the establishment of an on-site caretaker’s residence as part of
the multiple housing retirement development. The caretaker’s residence was to be established on
Lot 102 (resort allotment), adjacent to the caravan storage area, to the east of the approved Bowling
Green facility in accordance with the approved Site and Staging Plans. No separate floor or elevation
plans for the caretaker’s residence were provided or stamped as approved. To date, no caretaker’s
residence has been constructed.



 (07) 5552 1300                                                                            Palm Lake Works
 Southport Central Tower 3, 9 Lawson Street, Southport QLD 4215                       Palm Lake Works Pty Ltd
 PO Box 10479, Southport BC QLD 4215                                                        ACN 095 986 119

Page 3

PROPOSED CHANGES TO DEVELOPMENT

This application proposes to replace the approved caretaker’s residence with an additional resort
facility, a recreational building. The recreational building is located where the caretaker’s residence
is currently identified on the approved plans (Attachment 3). The centre will adjoin the approved
caravan parking area and be connected by pedestrian pathway to the main communal hub of the
resort, to the east of the covered Bowls Green. The building will have minimum setback of 7.7m, tot
eh north-eastern property boundary, clear of an existing drainage easement.

The recreational building includes the following elements:

    1.   371.54m2 of Gross Floor Area;
    2.   Large common room;
    3.   Small kitchenette;
    4.   Amenities (including disabled);
    5.   Store room; and
    6.   Wrap around veranda

The recreational building has been designed to be of a similar low scale nature as the caretaker’s
residence ensuring consistency with resort character and built form. Please refer to the below floor
plan extract (Figure 1).




Figure 1: Proposed Floor Plan of Recreation Building, Palm Lake Works Pty Ltd.




 (07) 5552 1300                                                                          Palm Lake Works
 Southport Central Tower 3, 9 Lawson Street, Southport QLD 4215                     Palm Lake Works Pty Ltd
 PO Box 10479, Southport BC QLD 4215                                                      ACN 095 986 119

Page 4

Palm Lake Resort Cooroy-Noosa residents have provided comments on the proposed facility
indicating they wish to use the space for activities including yoga, pilates, craft and game nights. The
recreational building has been specifically designed on the basis of residents’ feedback.

Justification for removal of on-site Caretakers Residence

Palm Lake Works consider the deletion of the caretaker’s residence to be a reasonable proposal, as
the caretakers for the resort currently reside at 1 Prospect Place, Cooroy, a property purchased by
Palm Lake Resort in 2016. The below figure depicts the locations of the current off-site caretakers
residence and location of approved on-site caretakers residence.



                                                                  On-site Caretakers to be replaced
                                                                  with Recreational Building




                               Palm Lake Resort
                               Cooroy-Noosa




                                                                          Off-site Caretakers




Figure 1: Current off-site Caretaker’s Residence and approved on-site Caretaker’s Residence

Palm Lake Works consider the deletion of the caretaker’s residence to have negligible impacts upon
the functioning of the resort for the following reasons:
    1. The caretakers currently reside at 1 Prospect Place, and will continue to reside here upon the
       developments completion;



 (07) 5552 1300                                                                              Palm Lake Works
 Southport Central Tower 3, 9 Lawson Street, Southport QLD 4215                         Palm Lake Works Pty Ltd
 PO Box 10479, Southport BC QLD 4215                                                            ACN 095 986 119

Page 5

    2. The caretakers are within close proximity to the development, being located adjacent to the
       front entry providing passive surveillance and security for the resort and directions to
       emergency services if required;
    3. The on-site clubhouse features a manager’s office that is manned by a caretaker during
       business hours and caretakers are on-call 24-7; and
    4. The resort’s operations have been running under this program (with “off-site” caretakers)
       since 2016 with no complaints about their location reported by residents of the resort or the
       general public.

Proposed Changes to Approved Plans

The below table (Table 1) sets out the amendments required to approved plans and identifies new
proposal plans to be approved. Plans to be replaced are struck through, proposed amended plans
are in blue text, and new plans are blue and underlined.

 Table 1 – Proposed Amendments to Approved Plans
 Plan No.                                 Rev.      Document Name                                     Date Drawn
 CO-000-2014 Sheet 1 of 2                 H         Overall Site Plan, prepared by Palm Lake Works 13/11/2015
 CO-000-2014 Sheet 1 of 2                 I         Overall Site Plan, prepared by Palm Lake Works 30/07/2019
 CO-000-2014 Sheet 2 of 2                 H         Staging Plan, prepared by Palm Lake Works         12/11/2015
 CO-000-2014 Sheet 2 of 2                 I         Staging Plan, prepared by Palm Lake Works         30/07/2019
 CO-RR-019 Sheet 1 of 4                   A         Recreational Building Site Plan, prepared by 30/07/2019
                                                    Palm Lake Works
 CO-RR-019 Sheet 2 of 4                   A         Recreational Building Floor Plan, prepared by 30/07/2019
                                                    Palm Lake Works
 CO-RR-019 Sheets 3 & 4 of A                        Recreational Building Elevations, prepared by 30/07/2019
 4                                                  Palm Lake Works

Consequential Changes to Conditions

The following condition of the Development Approval will require amending as a result of the
proposed changes.

Condition 2 currently reads as follows:

         Nature and Extent of Approved Use
         2. The approved development comprises the following:


 (07) 5552 1300                                                                                      Palm Lake Works
 Southport Central Tower 3, 9 Lawson Street, Southport QLD 4215                                 Palm Lake Works Pty Ltd
 PO Box 10479, Southport BC QLD 4215                                                                  ACN 095 986 119

Page 6

                   220 Independent Living Units (each having a maximum of 2 bedrooms + study), associated
                    common facilities and 1 caretaker’s residence; and
                   120 Bed Aged Care Facility.

It is proposed that Condition 2 be amended to read as follows (over page):

         Nature and Extent of Approved Use
         2. The approved development comprises the following:
                   220 Independent Living Units (each having a maximum of 2 bedrooms + study) and
                    associated common facilities and 1 caretaker’s residence; and
                   120 Bed Aged Care Facility.

MINOR CHANGE CRITERIA

The Planning Act 2016 defines a minor change as the following:
         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.

Schedule 1 of the Development Assessment Rules provides guidance on the term ‘substantially
different development’. An assessment of the proposed changes against the substantially different
development criteria is included in the below Table (2).




 (07) 5552 1300                                                                                              Palm Lake Works
 Southport Central Tower 3, 9 Lawson Street, Southport QLD 4215                                         Palm Lake Works Pty Ltd
 PO Box 10479, Southport BC QLD 4215                                                                          ACN 095 986 119

Page 7

Table 2 – Substantially Different Criteria Response

 Guideline Criteria                                               Response
      a) involves a new use; or                                   The proposed change removes the
                                                                  Caretaker’s Residence and includes an
                                                                  additional common facility. Therefore no
                                                                  new use is proposed. The additional
                                                                  common facility is ancillary to the defined
                                                                  land use of ‘Multiple Housing – Type 3’.
      b) results in the application applying to a new             No additional land forms part of the change
         parcel of land; or                                       application.
      c) dramatically changes the built form in terms             The scale, bulk and appearance of the
         of scale, bulk and appearance; or                        Caretaker’s Residence and proposed
                                                                  Recreational Building are interchangeable.
                                                                  No dramatic changes is built form are
                                                                  proposed.
      d) changes the ability of the proposed                      The overall development will operate as
         development to operate as intended; or                   normal, with additional communal space for
                                                                  residents’ enjoyment. As the Caretakers
                                                                  currently live off-site, the resort will operate
                                                                  as normal.
      e) removes a component that is integral to the              The Caretaker’s Residence is not considered
         operation of the development; or                         integral to the operation of the resort. The
                                                                  resort operations are managed by the
                                                                  Caretakers currently living off-site.
      f)   significantly impacts on traffic flow and the          The proposed changes will not increase
           transport network, such as increasing traffic          traffic to the site, as the facility is open to
           to the site; or                                        residents of the resort only.
      g) introduces new impacts or increase the                   No new impacts or increases to known
         severity of known impacts; or                            impacts will occur as part of the proposed
                                                                  change.
      h) removes an incentive or offset component                 The change application does not involve
         that would have balanced a negative impact               removing any incentive or offset component
         of the development; or                                   of the development.
      i)   impacts on infrastructure provisions.                  The change will have no impacts upon
                                                                  infrastructure provisions.

In addition to satisfying the definition of Minor Change under the Planning Act, the following points
are noted in relation to the proposed change:
    1. The replacement of the Caretaker’s Residence with the Recreational Building will provide
        more communal space and an additional facility for residents;

 (07) 5552 1300                                                                                       Palm Lake Works
 Southport Central Tower 3, 9 Lawson Street, Southport QLD 4215                                  Palm Lake Works Pty Ltd
 PO Box 10479, Southport BC QLD 4215                                                                   ACN 095 986 119

Page 8

    2. No floor plan or elevations for the caretaker’s residence was approved as part of the original
       Development Approval;
    3. There are no town planning consequences as a result of the proposed facility; and
    4. The facility will be exclusively for the use of residents of the resort only. The proposed
       facility is only of benefit for those who reside in the resort and is a desired facility of the
       existing residents.

CONCLUSION

It has been demonstrated that the proposed changes constitute a minor change to the current
development approval (MCU15/0111) under Section 78 of the PA.

Please do not hesitate to contact me on 5552 1313 or via email [email protected] should
you have queries relating to this request to change a development approval.

Yours sincerely,




Matilda Kaveney
Town Planning and Construction Assistant




 (07) 5552 1300                                                                          Palm Lake Works
 Southport Central Tower 3, 9 Lawson Street, Southport QLD 4215                     Palm Lake Works Pty Ltd
 PO Box 10479, Southport BC QLD 4215                                                      ACN 095 986 119

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