Council archive · source document
Minor Change Application Report · MCU15/0111.03
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
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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
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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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