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Planning Report · OPW19/0082

Attached to the e-mail Operational Works Application OPW19/0082 - Application - DA Form 1 - Proposal Report - Civil & Landscaping Plans - 396 Lake Cooroibah Rd Coorooibah.

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proposal report

Change to an existing Development Approval (TPC 1903 approved for 25
 Tourist Villas, 2 Managers Residences and a Community Hall) to amend
  the approved layout and design and application for Operational Works

      over Lot 0 on GTP1928 and Lot 2 on GTP1928 located at 396 Lake
                                          Cooroibah Road, Cooroibah




                                               Prepared For: Mr Brian Williams
                                                         Prepared: April 2019
Full text of the other 17 pages

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Prepared by:
Martoo Consulting Pty Ltd

13/6 Bottlebrush Ave, Noosa Heads Q 4567 PO Box 1684, Noosa Heads Q 4567
T +61 7 5447 2550
38 Nash Street, Gympie Q 4570 PO Box 391, Gympie Q 4570
T +61 7 5482 7440


© Martoo Consulting Pty Ltd 2017

The information contained in this document produced by Martoo Consulting Pty Ltd is solely for the use of the Client identified on the
cover sheet for the purpose for which it has been prepared and Martoo Consulting Pty Ltd undertakes no duty to, or accepts any
responsibility to, any third party who may rely upon this document.

All rights reserved. No section or element of this document may be removed from this document, reproduced, electronically stored or
transmitted      in    any     form     without      the    written   permission     of   Martoo      Consulting      Pty      Ltd.




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Contents
1.0     Summary ......................................................................................................................... 4
  1.1 Development application details ................................................................................................. 4
  1.2 Planning instrument details ......................................................................................................... 4
  1.3 Referral agencies ........................................................................................................................ 5
2.0     Site details ....................................................................................................................... 6
 2.1 Site description ........................................................................................................................... 6
 2.2 Surrounding land uses ................................................................................................................. 9
 2.3 Existing Approvals…………………………………………………………………………………………………………………….9
3.0     Proposed development details ....................................................................................... 11
4.0     Planning assessment .................................................................................................... 144
  4.1 Pre-lodgement ........................................................................................................................ 144
  4.2 Minor Change ................................................................................. Error! Bookmark not defined.4
  4.3 Noosa Plan 2006 ..................................................................................................................... 144
5.0      Conclusion .................................................................................................................. 177
6.0      Appendices ................................................................................................................... 18

 Appendix A – Proposal plans
 Appendix B - Operational Works Civil Plans
 Appendix C – Operational Works – landscape plans
 Appendix D – Council Advice
 Appendix E - Bushfire Hazard Assessment




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1.0 Summary

1.1 Development application details
 Type of approval sought:                              Change to existing approval to amend layout and cabin style

                                                       Operational Works – driveway, carparking and access,
                                                       stormwater, sediment and erosion control, effluent
 Site address:                                         396 Lake Cooroibah Road, Lake Cooroibah, 4565
 Real property description:                            Lot 0 and Lot 2 on GTP1928
 Site area:                                            12300m2 and 15950m2
 Assessment manager:                                   Noosa Council
 Owner details:                                        Mr Brian Williams
 Applicant details:                                    Mr Brian Williams C/ Martoo Consulting


1.2 Planning instrument details
State planning policy:                                 Biodiversity; Coastal Environment; Water Quality; Natural
                                                       Hazards Risk
Regional plan:                                         SEQ Regional Plan 2017
Designation:                                           Rural Living Area
Planning scheme:                                       Noosa Plan 2006
Existing approval:                                     TPC1903 – 25 Tourist Villas, 2 Managers Residences and a
                                                       Community Hall
Zone:                                                  Rural Settlement
Locality:                                              Cooroibah
Level of assessment:                                   Minor change - code
Applicable overlays:                                   Biodiversity
                                                       Natural Hazard




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1.3 Referral agencies
Referral requirement                                          Referral agency and role

                                                              Site is mapped as supporting Category A or B
                                                              Endangered Regional Ecosystems and Essential
                                                              Habitat. The Department of State Development,
                                                              Manufacturing, Infrastructure and Planning
                                                              (DSDMIP) has confirmed that referral is not
                                                              required as the site is less than 5 hectares.




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2.0 Site details
Site description
The subject site is located within an existing community titles scheme known as Lakelands Resort
situated at 396 Lake Cooroibah Road, Cooroibah. The community title scheme currently comprises
two lots and common property. Lot 1 has frontage to Lake Cooroibah and currently contains an
existing dwelling and 2 cabins in a vegetated setting. Foundations for an additional 3 cabins are
also located on the lot. Lot 2 contains two glamping tents used by the owner of the site with
vegetation generally restricted to the edges of the site. This application focuses on changes
proposed to occur only on Lot 2.

Lot 0 includes an existing shed and rainwater tank at the front of the site as well as the existing
treatment plant for the site and provides access to both lots.

The site is gently undulating and slopes down from the road frontage to the lake front.


Table 1: Site description
Site                           Description
characteristic

Existing use                   Lot 0: common property – existing biocycle treatment plant, shed, water tank
                               and access
                               Lot 1: existing dwelling and two cabins
                               Lot 2: camping tents used by owner

Frontage             and Site has 40 metre frontage to Lake Cooroibah Road from which all access is
access                   obtained. Existing access to lot 1 extends down eastern boundary of the site.

Topography           and Site is relatively level and slopes from the road frontage down to the Lake
views                    Cooroibah frontage.

Existing vegetation            Site includes native Eucalypt species with some exotic species around the
                               existing dwelling on Lot 1.

Existing waterways             The site adjoins Lake Cooroibah to the south.




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Figure 1: Site Identification                                    Source: DA Mapping System




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Figure 2: satellite view and site identification                 Source: Noosa Council mapping




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2.2 Surrounding land uses
The site is located in an area that is characterised by rural residential lots with dwellings in a
vegetated setting.

Table 2: Surrounding land uses
Surrounding land uses

North           Opposite the site - National Park

South           Lake Cooroibah

East            Dwelling on Rural Residential Lot and accommodation buildings

West            Dwelling on Rural Residential Lot




2.3 Existing Approvals

The site was approved 21st October 1987 by Noosa Council for 25 Tourist Villas, 2 Managers’
Residences and a Community Hall. A number of conditions were imposed including a maximum
gross floor area of the villas of 100m2, side boundary setbacks and effluent disposal requirements.
A copy of this original approved plan is detailed in Figure 3 below.




              Figure 3: Original Approval

In 2007 the owner of the site applied to Council to change the approved plans however, after
negotiation with Council, the application was withdrawn and Council determined under an
Infrastructure Agreement that the submitted plans were generally in accordance with the approval.



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A copy of these plans are included in Figure 4 below.




Figure 4: Infrastructure Agreement - Generally in Accordance Plans




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3.0 Proposed development details
The owner of Lot 2 now seeks approval to change the existing approved plan to provide for a more
appropriate and responsive layout for the site. The main change is the style of cabins proposed for
the site which now includes a glamping tent style of accommodation rather than the previously
approved cabin.

Original cabin design:




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Proposed Changes - Glamping style cabin




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As detailed by the figures above, the cabins have been altered to reflect a more environmentally
sustainable form of accommodation through the use of glamping tents for the site. The glamping
tents comprise insulated canvas walls and ceilings and are located on a solid timber platform base
constructed above ground. The tent style of construction is to be used for all new buildings on site
including the reception area and managers cabin.

The recreation centre and caretakers residence have also been modified to reflect the glamping
style of accommodation proposed for the site.

The changes proposed relate to the cabins and facilities approved on Lot 2 and include:

        Approved timber cabins to be replaced with glamping tents comprising canvas walls and
         solid timber platform base
        Two storey community facility building replaced with single storey building
        Cabin location altered to be focus around central oval
        Swimming pool
        Revised carparking area at front of site reduces vehicle use further across the site

Appendix A provides a copy of the proposal plans.

The applicant also seeks approval for Operational Works carparking, access, stormwater, erosion
and sediment control and landscaping refer Appendix B and C.




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4.0 Planning assessment

4.1 Pre-lodgement
The applicant has had a number of meetings with Council officers concerning the proposed
changes to the development approval. Written advice from Council (refer Appendix D) confirms
that a changes application will be required to be lodged with Council and that where there is a
material change of use to the common property, the consent of the body corporate must be
provided.

The applicant submits that the development application does not propose any changes to the
existing infrastructure within the common property and that Body Corporate approval is not
required. As demonstrated all changes are located on Lot 2.

4.2 Minor Change
The applicant seeks to make a minor change to the existing development approval under Section
78 of 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 as requested by the applicant is determined to
constitute a minor change in accordance with the definition under the Planning Act as detailed
below:

   (i) would not result in substantially different development;

A comparison of the proposed changes against the requirements detailed in the DA Rules for a
change that is substantially different are detailed below:

           involves a new use; - No new uses proposed on site.

           results in the application applying to a new parcel of land; - No new parcel of land
            included as part of the application.

           dramatically changes the built form in terms of scale, bulk and appearance; - The
            existing approval details 19 tourist villas/cabins on Lot 2 and 6 tourist villas/cabins on
            Lot 1. No changes are proposed to the number of cabins on the site and further the
            size of the cabins is proposed to be reduced from 100m2 to be between 57m2 and
            94m2. The proposed changes therefore do not dramatically change the built form and
            provide a design that is more suited to the character of the area.

           changes the ability of the proposed development to operate as intended; – the
            proposed changes to the style and design of the cabins and reduction in built form
            does not impact on the operation of the site.

           removes a component that is integral to the operation of the development; - No
            components removed. Changes relate to design of the buildings on site and overall
            layout




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          significantly impacts on traffic flow and the transport network, such as increasing traffic
           to the site; - No change to traffic flow or transport network and numbers of approved
           cabins maintained.

          introduces new impacts or increase the severity of known impacts; - No new uses
           proposed on the site and the proposed alterations to the design and layout provide a
           smaller built form across the site. Carparking has also been consolidated and located
           in one area to the front of the site reducing the number of vehicles travelling down the
           existing driveway and to encourage walking around the site.

              Two pools are detailed as part of the changes to the plans. These pools are ancillary to
              the proposed use and are located to the centre of the site away from adjoining
              properties and will not impact on surrounding areas. The impacts of construction of the
              pools are minimal and able to managed as part of operational works applications.

          removes an incentive or offset component that would have balanced a negative impact
           of the development; - No components removed.

          impacts on infrastructure provisions.- No impact.

The proposed changes to the layout and design are considered to be a minor change.

   (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; - No prohibited
                 development proposed as part of the changes.

             (B) referral to a referral agency, other than to the chief executive, if there were no
                 referral agencies for the development application; - It is noted that the site is now
                 mapped as containing remnant vegetation which requires referral to the State where
                 vegetation is being cleared. No existing vegetation is to be removed and the site is
                 below the minimum trigger requirements and therefore no referral is required.

             (C) referral to extra referral agencies, other than to the chief executive; - No referral as
                 detailed above.

             (D) a referral agency to assess the application against, or have regard to, matters
                 prescribed by regulation under section 55(2), other than matters the referral agency
                 must have assessed the application against, or have had regard to, when the
                 application was made; - No referral as detailed above.

             (E) public notification if public notification was not required for the development
             application. – No change to assessment level.


4.3 Noosa Plan 2006

The Noosa Plan includes the site in the Cooroibah locality and provides the site with a Rural
Settlement zoning. The proposed use of the site for tourist cabins would be defined under the
Noosa Plan 2006 as Visitor Accommodation Type 3 Rural which is defined below:

     The use of premises for short-term accommodation where accommodation has direct
     connection with the rural production, environmental or scenic values of the premises. The


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      use includes a cabin park, guesthouse or retreat located in a rural setting and host farm
      offering rural experiences

The table of assessment for the Rural Settlement zone details that Visitor Accommodation Type
3 Rural is a consistent use in the zone. The proposed changes have further been compared to the
current planning scheme (Noosa Plan 2006) and are generally consistent with the requirements
except in relation to the probable solutions detailed with reference to density and setbacks.
Probable solution S35.1 of the Visitors Accommodation Code details:

      S35.1 Rural accommodation does not exceed a site density of —
      a) 2 cabins per hectare; or
      b) 2 guest bedrooms per hectare, providing the overall number of cabins and guest
      bedrooms does not exceed 6.

The existing approval supports a total of 25 cabins and two manager’s residences. Whilst this
density is greater than the probable solution of the current planning scheme it complies with the
Specific Outcomes which states:

      O35 Rural accommodation is associated with rural production, agricultural pursuits and
      promoting the natural environment and takes the form of farmstays, bed and breakfasts,
      cabins, cottages or a small guest lodge.

The proposed changes maintain the existing approved visitor accommodation in a rural setting with
smaller glamping tents that provide a more low key and natural experience than that previously
approved.

The probable solutions of the Visitors Accommodation Code also detail that the accommodation
buildings are to be setback 40metres from the property boundary. The proposed changes generally
maintain the existing approved setback and the closes building to the west is approximately 34
metres from the side boundary with existing vegetation providing appropriate visual separation.


The Noosa Plan 2006 now includes Overlay mapping for the site as detailed in the table below:

Overlay                                                        Proposed Changes Application

Biodiversity                                                   No clearing of existing vegetation is proposed as
                                                               part of this application and the Environmental
                                                               Protection and Environmental Enhancement
                                                               requirements are not triggered.

                                                               The existing approval includes structures within
                                                               this riparian area and the applicant intends to
                                                               retain structures in this area. The revised layout
                                                               locates the cabins in the cleared areas of the
                                                               site away from environmental corridors and
                                                               existing watercourses.

                                                               A landscape plan is submitted as part of this
                                                               application which details landscaping and
                                                               rehabilitation areas for the site.




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Natural Hazards                                                The site is mapped as being located in a High
                                                               Potential Bushfire Intensity Area. The applicant
                                                               engaged Rob Friend & Associates to review the
                                                               revised proposal and prepare a Bushfire Hazard
                                                               Assessment for the site (refer Appendix E).
                                                               The assessment concludes that the site would
                                                               be more appropriately described as being
                                                               located in a bushfire buffer area and that the use
                                                               is appropriate subject to rainforest plantings and
                                                               the preparation of a management plan for the
                                                               site.




5.0        Conclusion
The above changes application has been submitted to the Noosa Council as the Assessment
Manager of the application under the Planning Act 2016. The changes include alterations to the
approved layout of the Tourist Villas as well as alterations to the built form which provide a lesser
impact on the area. The proposed changes are considered to be a minor change in accordance
with the Act and provide for a tourist accommodation in a bushland setting. Councils support for
the application is requested.




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8.0        Appendices – attached separately

Appendix A Proposal Plans
Appendix B Operational Works – Civil Plans
Appendix C Operational Works – Landscape plans
Appendix D Council Advice
Appendix E Bushfire Hazard Assessment




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