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Planning Report - 10 independent living units

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                 PLANNING REPORT

Development Application seeking Development Permit for Material
 Change in Use –Multiple Housing Type 3 – Retirement or Special
Needs for an additional 10 Independent Dwelling Units (Total 230)




                    20 Trading Post Road, Cooroy
                         Lot 101 SP287641




                         15 November 2017
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Page 2

Contents
Application Snapshot ............................................................................................................................ 4
1.0       Introduction .............................................................................................................................. 5
2.0       Site Analysis ............................................................................................................................... 6
   2.1        Subject site ............................................................................................................................ 6
   2.2        Surrounding Area .................................................................................................................. 7
3.0       Background................................................................................................................................ 9
   3.1        Palm Lake Resort Cooroy-Noosa ........................................................................................... 9
4.0       Proposal Description ............................................................................................................... 10
   4.1        Defined Land Use ................................................................................................................ 10
   4.2        General Configuration ......................................................................................................... 11
   4.3        Building Appearance and Materials .................................................................................... 13
   4.4        Visitor Parking ..................................................................................................................... 13
5.0       Technical Review ..................................................................................................................... 14
   5.1        Stormwater Management ................................................................................................... 14
   5.2        Electricity and Telecommunications ................................................................................... 14
   5.3        Sewer Reticulation .............................................................................................................. 14
   5.4        Water Reticulation .............................................................................................................. 15
   5.5        Landscaping ......................................................................................................................... 15
   5.6        Traffic .................................................................................................................................. 15
6.0       State Planning Instruments ..................................................................................................... 16
   6.1        Planning Act 2016................................................................................................................ 16
   6.2        Referral Agencies ................................................................................................................ 16
   6.3        State Planning Mapping ...................................................................................................... 16
     6.3.1 SEQ Regional Plan ........................................................................................................... 16
     6.3.2 Water Resources ............................................................................................................. 17
   6.4    State Development Assessment Provisions (SDAP) ............................................................ 18
   6.5        State Planning Policies ........................................................................................................ 18
7.0       Local Planning Instruments ..................................................................................................... 19
   7.1        Noosa Plan 2006 .................................................................................................................. 19
      7.1.1       Rural Zone ....................................................................................................................... 19


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Page 3

    7.1.2 Relevant Codes ................................................................................................................ 21
  7.2    Planning Scheme Strategic Framework............................................................................... 25
  7.3       Priority Infrastructure Plan.................................................................................................. 29
  7.4       Infrastructure Charges ........................................................................................................ 29
8.0      Conclusion ............................................................................................................................... 30


Appendices
Appendix A – DA Forms
Appendix B – Contour Survey Plan prepared by Engineering & Topography Surveying Services
Appendix C – Proposal Plans prepared by Palm Lake Works
Appendix D – Civil Engineering report prepared by Pinnacle Engineering Group
Appendix E – Conceptual Stormwater Management Plan prepared by Calibre
Appendix F – Site Analysis




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Application Snapshot
 Address:                     20 Trading Post Road, Cooroy

 Real Property Description:   Lot 101 SP287641
 Site Area:                   5,791m2
 Application type:            Development Permit for a Material Change in Use, for Multiple Housing –
                              Type 3 – Retirement and Special Needs for 10 independent dwelling units.
 Level of Assessment:         Impact Assessment
 Logan Planning Scheme        Rural Zone
 2015 Zone Designation:
 Land Owner:                  Walter Elliott Holdings Pty Ltd. (Lots 102 & 101 SP287641)
 Applicant:                   Palmlake Works Pty Ltd.
 Applicant’s Address:         PO Box 10479 Southport BC QLD 4215
 Contact Person:              Suzanne Jensen
 Phone:                       (07) 5552 1314
 Email:                       [email protected]
 Author:                      Matilda Kaveney
 Phone:                       (07) 5552 1313
 Email:                       [email protected]




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1.0       Introduction
This Planning Report has been prepared in support of a Development Application seeking
Development Permit for Material Change in Use for Multiple Housing Type 3 – Retirement and Special
Needs for 10 independent dwellings units.
The subject Development Application effects 20 Trading Post Road, Cooroy. The proposed
development will occur wholly within the property located at 20 Trading Post Road (Lot 101
SP287641). The property at 20 Trading Post Road is herein referred to as the ‘subject site’.
This Development Application proposes to extend the existing use and development rights
established by Development Permit MCU15/0311 & OPW15/0812 on 19 Trading Post Road Cooroy.
This transition will consist of a renewed approval that includes new land as part of an expansion to
the existing developed site.
This application will:
         Make changes to the overall layout to form the new site master plan incorporating the
          previously approved uses under development permit MCU15/0311.
In accordance with the Planning Act 2016 and the requirements of the Development Assessment
Rules, this Planning Report provides a statement about all elements of the Development Application
and how it achieves the outcomes of the Local and State Governments’ planning instruments.
This report includes a brief description of the subject site, an overview of the proposed development,
summary of the technical issues relating to the proposed development and detailed commentary on
the statutory planning issues, requirements and obligations that apply to the proposed development.
The proposed development is considered to comply with all the relevant Planning Instruments. The
proposed Multiple Housing Type 3 will provide a development of the highest quality in an ideal
location. The development, if approved, will deliver quality accommodation for the increasing ageing
population for the Cooroy-Noosa Region.




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2.0     Site Analysis
2.1     Subject site
The subject site is described as 20 Trading Post Road, Cooroy. The property at 19 Trading Post Road
is included within this report as the proposal forms part of the larger development approved on this
property. Table 1 provides further detail in regards to each individual property.

 Street         Lot           Land Area Zone       Current use           Current use
                                2
 address        description   (m )
 19 Trading     Lot 102       121,327   Community Developed              Multiple Housing – Type 3
 Post Road      SP287641                Services &                       Retirement and Special
 Cooroy                                 Rural                            Needs (220 independent
                                                                         living units).

 20 Trading     Lot 101       5,796         Rural          Developed     Residential detached
 Post Road      SP287641                                                 dwelling and shed.
 Cooroy

                Total Area:      127,118
                                (12.7 ha)
Table 1: description of existing properties and proposed land use for each property.

The subject site (being 20 Trading Post Road) has a total area of 5,791m2. The subject site is currently
developed for residential purposes and is improved by a single low-set brick detached dwelling and
large metal clad shed located in the centre of the property. The subject site is a battle-axe allotment
featuring an access handle along the south eastern boundary connecting to Trading Post Road.

The site features areas of moderately dense vegetation predominantly located along the western
boundary. An evaluation conducted over the site established that this vegetation holds no
environmental value and is largely overgrown with weeds.

The sites topography is relatively flat, with a gentle slope falling from the driveway in the south-
western corner to the rear of the property in the north-east corner.

The subject site is encumbered by two easements including a sewer easement located along the
eastern boundary and a drainage easement located along the northern boundary. Please refer to the
Proposal Plans included in Appendix C for further information.

The subject site is an ideal location for an extension to the adjoining aged care development as it will
require minimal earthworks and be located within a stage of the development yet to be constructed.

The subject sites characteristics are illustrated in the below aerial image (Figure 1 over page).




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   Palm Lake Resort Cooroy-Noosa             Overgrown vegetation                     Easement




   Trading Post Road                    Existing dwelling                          Metal shed
Figure 1: Aerial Photo of subject site (Near Map, 25 July 2017)
Please refer to the Appendix F of this report for the Site Analysis Plan prepared by Palmlake Works
Pty Ltd, dated 13th November 2017.


2.2      Surrounding Area
The subject site is surrounded by a range different land uses and zoning. These land uses include the
approved adjoining Multiple Housing – Type 3 (Manufactured Home Estate) on land zoned
community services, detached housing developments and rural land. Generally the character of the
area comprises of urban settlements to the south and rural areas to the north of the subject site.
From a built form perspective the surrounding area consists of low rise, single and double storey old
and modern buildings consisting of a range of materials and finishes.
Within its immediate context the site has the following interfaces:
North:          The northern property boundary of the site adjoins a rural allotment. The site is well
                maintained featuring managed grassland in the centre with vegetation along the
                boundaries. The site is improved with a detached dwelling and shed located in the



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               northern portion of the site. The site is also encumbered by a number of easements
               with a large gas pipeline easement dissecting the site through the centre.
East:          The eastern boundary of the site adjoins a number of low density residential
               allotments along Prospect Place. These residences are low set detached dwellings
               located on sites ranging from 616m2 to 839m2.
South:         The southern boundary of the site adjoins Trading Post Road, where the site is
               accessed by a 10 metre wide battle-axe handle. The driveway of the site is located at
               the end of the Trading Post Road cul-de-sac.
West:          The western boundary of the site adjoins the approved Multiple Housing – Type 3
               development currently under construction. The proposed development will form
               part of the larger approved development increasing the number of dwellings by 10
               for a total of 230 independent living units.
It is considered that the proposed development will have no negative impacts on surrounding
properties as it will form part of the approved development MCU15/0311 at 19 Trading Post Road.




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3.0       Background
3.1       Palm Lake Resort Cooroy-Noosa
The proposed development is to form part of the approved development at 19 Trading Post Road
(MCU15/0111). The development has evolved with the inclusion of additional land and various
change and GIA applications.

         On the 2 March 2015 Council issued an approval for a request to change a development
          under section 367 of the SPA. The changed approval provided for Multiple Housing Type 3 –
          Retirement and Special Needs and included:
              o 164 independent living units;
              o single storey 120 bed aged care residence; and
              o Community Building - clubhouse, tennis court, covered Bowling Green, workshop
                 and outdoor pool.

         On the 14 December 2015 Council approved a GIA for changes to the Clubhouse

         On the 22 March 2016 Council approved an onsite Sales Office MCU15/0119

         On the 21 July 2016 Council issued an approval for an extension to the existing development
          including:
              o An additional 56 independent dwelling units (220 total); and
              o Inclusion of additional ancillary facilities including caretakers residence, golf room
                  and caravan storage.

The proposed extension of 10 independent dwelling units under the Multiple Housing Type 3 –
Retirement and Special Needs will form part of the development formed under MCU15/0111. The
extension will become ‘Stage 6’ of the current development.




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4.0      Proposal Description
This Development Application seeks Noosa Shire Council’s approval for Development Permit for
Material Change in Use for a Multiple Housing Type 3 – Retirement and Special Needs for an
additional 10 independent living units (230 total) over property described as 20 Trading Post Road,
Cooroy.

The applicant has acquired new land in addition to the existing development. The purposes and
general effect of this development application is to transition and preserve the existing use and
development rights established by Development Permit MCU15/0111 to a fresh approval that
includes new land for an expanded development site.

This application will:

     Confer use rights by way of a Material Change of Use over an additional parcel of land (Lot 101
      on SP287641) that did not form part of the previous Development Permit MCU15/0111.

     Make changes to the overall layout to form the new site master plan incorporating the previously
      approved uses under development permit MCU15/0111.

The applicant’s intension is to amalgamate these lots to form one large development should an
approval for the extension be granted.

The application must be viewed and assessed as the overall development strategy for the
development of the land. Regard must be given to the development approval that preceded this
application in the assessment, decision and conditioning.


4.1      Defined Land Use
In accordance with Part 2 of the Noosa Plan 2006 the proposed MCU is defined as the following land
use:

         Multiple Housing:
         Means the use of premises for two or more dwelling units or accommodation units as the case
         may be, occupied by permanent or semi-permanent residents, where the occupants may
         share common facilities on the site.

         Type 3 – Retirement and Special Needs:
         Means the use of premises for dwelling units or accommodation units that house persons who
         are aged, being nursed or are convalescing. In each case, communal facilities may be available
         to residents for social interaction, recreation and emergency medical attention. The use may
         also include a caretaker’s residence and medical centre where they are ancillary to the
         residential care facility. The use includes a retirement village, residential aged care and a




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        group house, however does not include health uses or community residence as separately
        defined.

4.2     General Configuration
This development application incorporates a Material Change in Use involving the establishment of
10 new independent living units under Multiple Housing Type 3. The proposed extension will be fully
integrated into the existing resort where residents will make use of approved community facilities
including clubhouse, bowling green, workshop and tennis courts.

The layout of the proposed development allows for the most efficient and effective use of the subject
site where most sites have a north eastern orientation. The proposed extension has been designed
to be integrated into the larger development forming Stage 6 of the development.

Access to the site will be granted via the existing entries located at the end of Trading Post Road cul-
de-sac and Lamont’s Road. Utilising existing entries to the site will ensure the proposed extension
has minimal impact on the road network mitigating any increased traffic flow. The use of existing
entries also ensures residents traveling to and from the site can do so in a safe and efficient manner
(refer to Figure 2 below).




                              Figure 2: Extract from proposed Site Plan


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Please refer to Appendix C for a copy of the Proposal Plans prepared by Palm Lake Works.
The extension occupies an area of 5,796m2 where the use proposed remains consistent with that
approved in the current resort. As mentioned in Section 4.0, the intention is to transition and
preserve the existing use and development rights established by the existing approval. The below
Figures (3 & 4) demonstrate the current approved layout and the proposed layout inclusive of the
extension.




 Figure 3: Existing Approved Plan MCU15/0111        Figure 4: Proposed Site Plan with extension

Changes to the site as a result of the extension include:

       Changes to the overall development site and staging plans;
       Result in the development comprising 230 independent dwelling units; and
       The development will now incorporate Stage 6 for the purpose of construction.

The site will feature an additional 10 independent living units to be located to the north of Lots 217-
220. These units will be serviced by the internal road network with the addition of a new one way
circuit resulting in the overall development being comprised of 230 independent dwelling units.

All remaining components of the existing development will stay unchanged.

Please refer to Appendix C for a copy of the Proposal Plans prepared by Palm Lake Works dated
November 2017.




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4.3     Building Appearance and Materials
All dwelling units to be constructed on the additional home sites will be single storey and include
hebel walls with a colourbond roof and consists of either two (2) bedrooms or two (2) bedrooms plus
a study. All house products include a secure double lock up garage. This ensures the house products
to be constructed on these sites remain consistent with what is established within the existing resort.

The minimum site areas proposed is 230m2 where all dwellings will provide the following setbacks:
     6 metres from any public road;
     3 metres from the property boundary;
     1.5 metres from rear and side ‘lot’ boundaries; and
     Garages may be built to zero lot line.

These parameters are included in the proposal plans, just as they area in the approved plans under
MCU15/0111.

External finished and colours will be consistent with products currently being constructed.

4.4     Visitor Parking
The proposed extension will be required to provide additional car parking spaces for visitors. The
below table indicated the current approved parking rates and the proposed rates for this
development:

 Land Use         Council Requirement                   Extent                  Proposed

 Multiple         1 covered space per unit              230                     460
 Housing Type 3
                  1 visitor space per 4 units           57.5                    77
 Retirement &
 Special Needs    1 emergency vehicle space             1                       1
 Total                                                  287.5 + 1 Ambulance     537 + 1 Ambulance
                                                        Bay                     Bay


The proposed rate of car parking precedes rates required by Council, and therefore satisfies parking
requirements.




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5.0       Technical Review
5.1       Stormwater Management
The proposed development is required to be accompanied by a Stormwater Management Plan.
However, the proposed extension site is considered to have already been incorporated in the existing
Stormwater Management Plan for 19 Trading Post Road.

The approved Stormwater Management Plan for the larger Multiple Housing development on
adjoining land appears to include provisions for the development of the subject site for the following
reasons:

         The subject site is categorised as D3 on approved Stormwater Management Plans;
         Music Modelling of the larger site include D3 modellings for Ground, Roof and Road that are
          all included within the receiving node;
         Plan Reference B14158.W-SK102 ‘Music Catchment Plan’ Revision E identifies Biopod D3
          future development to have own stormwater quality treatment controls – filter area 75m2,
          filter depth 0.4m and temp. ponding depth 0.2m.

A copy of the Stormwater management Plan has been provided as Appendix E of this report. Further
to this please refer to the Civil Engineering Report (Appendix D) prepared by Pinnacle Engineering for
proposal plans regarding the location of the stormwater bio retention basin.

5.2       Electricity and Telecommunications
The proposed development will be connected to all infrastructure services including electricity,
telecommunications, water, sewer and road.

The existing development in connected to electricity (operated by Energex) and telecommunications
(operated by Telstra) via underground infrastructure located within the Trading Post Road reserve
south of the subject extension. It is proposed that the extension site will connect to these existing
services within the adjacent road reserve. The connections to electrical and telecommunication
networks will be finalised during the detailed design phase on the development.

5.3       Sewer Reticulation
The subject site features a DN160mm PE sewer main along the eastern boundary of the site. This
infrastructure is protected under an existing sewer easement. The sewer grades to the north and
joins the existing sewerage reticulation network to the east of the subject site.

It is expected the proposed extension will demand 0.328L/sec during PWWF on the downstream
sewerage network. Please refer to the Civil Engineering Report prepared by Pinnacle Engineering for
further information.




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5.4     Water Reticulation

Searches indicate water reticulation mains located within the Trading Post Road (150mm uPVC) and
Prospect Place road reserves south of the subject site. In addition to this the water mains are
currently being constructed within the existing adjacent resort. It is anticipated the proposed
development will connect to this water infrastructure.

For further information regarding water reticulation demands for the proposed development please
refer to the Civil Engineering Report prepared by Pinnacle Engineering Group (Appendix D).

5.5     Landscaping
Despite the current lodgement package not including a Statement of Landscape intent, Palm Lake
have engaged BVLD Consulting to complete this for the proposed development.

A letter providing proof of consultant engagement has been provided by Belinda Vogel from BVLD
Consulting. The applicant will provide these plans further into the assessment of this application.

5.6     Traffic
The proposed development may result in additional traffic generation. However, as the development
proposed access via existing entrances to the Resort it is considered that any traffic generated by the
new development will have negligible impact upon the external road systems. In addition to this,
given the proposed extension is so close to the entrance off Trading Post Road, it is considered the
development will pose no additional impacts upon the Resorts internal roads.

For these reasons it is considered a traffic report is not required as the development will have
negligible impact upon the existing resort and road system within the locality.




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6.0     State Planning Instruments
6.1     Planning Act 2016
In accordance with Section 43 of the Planning Act 2016 (PA) this Development Application seeks
approval of a Development Permit for Material Change in Use as described in detail in section 4.0 of
this report.
In accordance with Section 45 of the PA and the Noosa Plan 2006 specifies that the subject
development application is ‘Assessable Development’, requiring an Impact Assessable application.
Section 45 (5) of the PA states that:
        (5) An impact assessment is an assessment that—
            a) must be carried out—
                   i.   against the assessment benchmarks in a categorising instrument for the
                        development; and
                  ii.   having regard to any matters prescribed by regulation for this subparagraph;
                        and
            b) may be carried out against, or having regard to, any other relevant matter, other than
                a person’s personal circumstances, financial or otherwise.

This Planning Report provides commentary on each of the items listed in Sections 30 and 31 of the
PA that this Impact Assessable Development Application must be assessed against.

6.2     Referral Agencies
In accordance with the Planning Regulation 2017 the subject development application is not required
to be referred.

6.3     State Planning Mapping
When using the SARA interactive mapping tool the subject site is identified in the following State
mapping:

        6.3.1   SEQ Regional Plan
The subject site is included within the ‘Urban Footprint’ in accordance with the South-East
Queensland Regional Plan (SEQRP) (refer to Figure 5 below).
The Urban Footprint identifies land that can meet the region’s urban development needs to 2031 in
a more compact form. It incorporates a full range of urban uses, including housing, industry, business,
infrastructure, community facilities and urban open space. Therefore the proposed residential
development is considered appropriate and in accordance with the intent for the subject site by the
SEQRP.




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Figure 5: SEQRP interactive Maps extract (DILGP November 2017)
The proposed development is considered to contribute to the significant accommodation needs in
SEQ, and further more provides specific housing and care needs for the elderly. The proposed
development is considered to comply with the objectives of the Urban Footprint for the SEQRP.

        6.3.2   Water Resources
The subject site is identified as being within the Great artesian water resource plan area (Figure 6).

Given no operational works are proposed as part of this Material Change in Use development
application assessment against State Development Assessment Provision’s module relating to Water
Resources is considered irrelevant. Identification of the subject site in this water resource area is
considered negligible and has not impact on the assessment of this application.




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Figure 6: Water Resources Mapping (DILGP November 2017)

6.4     State Development Assessment Provisions (SDAP)
The State Development Assessment Provisions (SDAP) set out the matters of interest to the state for
development assessment, where the chief executive administering the Planning Act 2016 (PA), being
the Director-General of DILGP, is responsible for assessing or deciding development applications. The
SDAP is not applied by local government in the assessment of development applications.
After review of the SDAP and the relevant mapping it is determined that no State Codes are
considered relevant to the proposed development.

6.5     State Planning Policies
In accordance with Section 43 of the PA, this application may be assessed against any State Planning
Policies to the extent that they are not reflected correctly in a regional plan or planning scheme
applicable to the application.
Upon perusal of the current State Planning Policies, all applicable State Planning Policies are
considered to be appropriately reflected in the SEQ Regional Plan and Noosa Plan 2006.




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7.0      Local Planning Instruments
The Local Planning Instruments relevant to the subject Development Application include the
following:
      1. Noosa Plan 2006 (last amended 3 July 2017) Strategic Framework;
      2. Noosa Plan 2006 (last amended 3 July 2017) Zone and relevant codes; and
      3. Priority Infrastructure Plan.

Herein this report provides a summation of the assessment of the proposed development against
these local planning instruments.

7.1      Noosa Plan 2006
The subject site is included under the jurisdiction of Noosa Shire Council within the Rural Zone of the
Planning Scheme 2006.
         7.1.1   Rural Zone
The subject property is located within the Noosa Shire Council Rural Zone, as per amendment dated
9 December 2016 (Figure 7).




Figure 7: Extract NP Land Use Zone Map




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In accordance with the Level of Assessment Tables of the Planning Scheme “Multiple Housing” is
listed as an inconsistent land use within the Rural Zone. Therefore this Development Application
requires Impact Assessment.
The overall outcomes sought for the Rural Zone include the following:

          (i)    Agriculture and habitat protection are the dominant land uses;
         (ii)    The scenic and environmental values, the distinct rural amenity and agricultural productivity
                 of the locality are preserved and are not adversely impacted as a consequence of development
                 on or adjacent to that land; and
         (iii)   Locally appropriate enterprises such as bed and breakfast accommodation, farmstays, cabins,
                 camping grounds, roadside stalls and home based businesses enhance the economic
                 sustainability of the hinterland;

The proposed development is considered to satisfy all Overall Outcomes identified for the Rural Zone.
A response to each Overall Outcomes is provided herein:

    a) The proposed development provides an accommodation type, catering in particular to the
       more valuable portion of the population, being the ageing. The proposal will allow increased
       choice, affordability and care for the elderly and retired in the Cooroy-Noosa region. The
       proposed development achieves a density consistent with the surrounding area given it
       duplicates the character of the adjoining retirement facility, Palm Lake Resort Cooroy-Noosa.
       We acknowledge that the proposed development is not a rural use, however it is a consistent
       use with the surrounding uses and established character for Trading Post Road.

    b) Despite the site being zoned Rural, the proposed development is consistent with the existing
       built form and character within the established area. The development design is an effective
       and efficient use of the site responding to site characteristics particularly with regards to
       access, size and orientation. The development will positively contribute to Trading Post Road
       whilst preserving the scenic and environmental values of the rural land located to the north
       of the subject site.

    c) The proposed development has been designed to face inward to the existing resort in order
       to preserve any potential impacts to adjacent rural land located to the north. The adjoining
       property to the north features a 12 to 15 metre vegetation buffer to the subject site at to the
       existing resort ensuring amenity aspects are preserved.

    d) The subject site could be described as landlocked as it features low density residential land
       uses to the eastern, southern and western boundaries;




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    e) Given the subject site’s shape and size any potential use of the site for agricultural purposes
       would not be suitable and may result in more disruption for surrounding residential land
       uses.

It is therefore considered that the proposed development sufficiently addresses the Overall
Outcomes for the Rural Zone and is a justified use in this Zone.

        7.1.2   Relevant Codes
In accordance with the Noosa Plan 2006, the following Planning Scheme Codes are considered
applicable to this Impact Assessable Development Application over the subject site:
Zone Code
         1. Rural Zone within Cooroy & Lake Macdonald (Part 6)
Development Codes
         1. Residential Uses Code (Part 14 – Division 6)
         2. Driveways and Carparking Code (Part 14 – Division 13);
         3. Earthworks Code (Part 14 – Division 14);
         4. Erosion and Sediment Control Code (Part 14 – Division 15);
         5. Existing Services Code (Part 14 – Division 16);
         6. Landscaping Code (Part 14 – Division 17);
         7. Transport, Roads and Drainage Code (Part 14 – Division 18)
Overlay Codes
         1. Natural Hazards Overlay Code (Part 13 – Division 9)
         2. Natural Resources Overlay Code (Part 13 – Division 10)
         3. Koala Habitat Areas (Schedule 7)

Planning Scheme Code Compliance

The applicable Planning Scheme Codes have been reviewed. The proposed development is
considered to comply with all Probable Solutions provided in the relevant codes, except those
discussed below. The proposed Alternative Outcomes are considered to provide an acceptable
solution that satisfies each Specific Outcome.
For those codes not identified below (Driveways and Carparking Code, Earthworks Code, Erosion and
Sediment Control Code, Existing Services Code and Transport, Roads and Traffic Code) it is considered
that the proposed development complies or is not applicable to all Probable Solutions included in
those codes where the relevant reports to support this compliance are provided in the appendices of
this report.
Rural Zone Code

The proposed use being Multiple Housing Type 3 – Retirement and Special Needs is considered an
inconsistent use for the Rural Zone (Table 6.35 Rural Zone Code).


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Despite this inconsistency, the proposed development is considered a suitable use for the subject site
given the character of the locality. The proposal aligns with the intent of the physical setting,
infrastructure provision and communities need. The proposal provides a residential land use that
meets the housing needs of the community through catering for an ageing population.

Significant residential development and infrastructure provision has occurred in the surrounding area
where several freehold and community title subdivisions ranging from 600m²-800m² have been
developed to the east at Prospect Place, Kensington Drive and Brialka Court. These developments
estimably demonstrate that the locality around the subject site is predominantly residential. The
development will form part of the existing resort therefore providing sufficient merit despite the
conflict with the zone.

Landscaping Code

The proposed development is not currently supported by a Statement of Landscape Intent. A
landscape architect has been engaged, where a Statement of Landscape Intent will be provided at a
later date.



        7.1.4   Relevant Overlay Maps

The subject site is identified in the following Noosa Plan 2016 Overlay Maps:

         a) Natural Hazards Overlay Code (Part 13 – Division 9)
         b) Natural Resources Overlay Code (Part 13 – Division 10)
         c) Koala Habitat Areas (Schedule 7)

Natural Hazards Overlay – Flood and Bushfire Hazard

The subject site is identified in the Noosa Plan Natural Hazards Overlay Mapping as potentially
containing land subject to flood and bushfire risk. Mapped flood and bushfire threats appear to
encroach upon the subject site from the western boundary adjoining the existing approved
Manufactured Home Estate demonstrated in the below Figure (8). It is considered that the intensity
of identified threats is significantly reduced given the adjoining property has recently being cleared
and earthworks conducted.




15 November 2017                               Planning Report                          Page 22 of 30

Page 23

Figure 8: Extract Noosa Plan Interactive Mapping – Natural Hazards Overlays


Natural Resources Overlay Code – Gas Pipeline Buffer and Agricultural Land Conservation

The subject site is identified in the Noosa Plan Natural Resources Overlay Mapping as being impacted
by a gas pipeline buffer (Figure 9). Further to this a small fragment of the northern boundary is
mapped as agricultural land conservation area. Given the proposal will form part of the larger
development at 19 Trading Post Road, despite building within the gas pipeline buffer, the proposed
poses no further threat to that approved and has been appropriately mitigated through design. It is
therefore considered that despite the land being impacted by these overlays, the proposed
development does not pose any threats to the integrity of the gas pipeline or agricultural
conservation area.




15 November 2017                              Planning Report                         Page 23 of 30

Page 24

Figure 9: Extract Noosa Plan Interactive Mapping – Natural Resources Overlays


Koala Habitat Areas

The subject site is identified in the Noosa Plan as potentially containing vegetation suitable for koala
habitat regrowth. As demonstrated in the below Figure (10), mapping indicates vegetation identified
on site is connected to a larger ecological network. It is noted that a large portion of the mapped
vegetation is located in cleared areas on the subject site and adjoining properties. It is considered
that the vegetation on the subject site does not hold any ecological values, similar to vegetation that
has been removed for the adjoining developments.




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Figure 10: Extract Noosa Plan Interactive Mapping – Schedule 7 – Koala Habitat



7.2       Planning Scheme Strategic Framework
The impact assessable development is subject to assessment against the Noosa Plan 2006 Strategic
Framework and Desired Environmental Outcomes. An assessment against all residential development
specific outcomes has been provided below.
          7.2.1    Strategic Framework – Residential Development

Section 1.7.6 of the Strategic Framework relates to residential developments in existing urban
settlement areas relating to the following:
      a) The planning scheme consolidates urban residential development to the existing urban settlements of
         Boreen Point, Castaways Beach, Cooran, Cooroibah, Cooroy, Kin Kin, Marcus Beach, Noosa Heads,
         Noosaville, Peregian Beach, Pomona, Sunrise Beach, Sunshine Beach, Teewah and Tewantin.
      b) The physical boundaries of urban settlement are defined by the Urban Growth Boundary and the
         planning scheme allows for no expansion beyond these. Growth will be through urban infill and where
         appropriate, redevelopment.
      c) Additional rural settlement is provided for in areas close to towns and villages where the land is
         physically suitable for rural settlement, where it does not pose a threat to water quality, agricultural
         sustainability or biodiversity, and where it is not at risk to natural hazards.


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Page 26

    d) A variety of housing types is allowed for with higher densities being encouraged in proximity to business
       centres, neighbourhood centres or the village centres.
    e) Residential development is encouraged to be more sustainable and flexible relying less on non-
       renewable energy for heating, cooling, lighting, or hot water heating. The planning scheme seeks to
       achieve housing that is physically more accessible, providing for the ageing population of Noosa Shire
       and disabled persons.
    f) Residential development does not occur in locations where it would inhibit or prevent the lawful
       conduct of existing land uses including agricultural, industrial and extractive uses or associated haulage
       operations.

It is considered the proposed development satisfies all Specific Outcomes through the following:
    1. The proposed development is located within the township of Cooroy. The subject site and
       existing approved development are located approximately 1.8 kilometres from Cooroy’s
       Centre. When overlooking the Cooroy township region it is noted that the subject site is
       located within the northern edge of the township in line with adjoining development;
    2. Despite the subject site being zoned Rural, the site is located within the Cooroy and Lake
       Mcdonald Urban Growth Boundary indicated on Zone Map ZM3 (refer to Figure 11 over page).
       Given the directly adjoining land uses, the proposed extension to the resort is a suitable,
       efficient and effective use of the subject site. It is considered use of the site for agricultural
       purposes is no longer suitable, specifically with regards to the size and location of the site;
    3. The subject site features rural properties to the north resulting in rural settlements being
       maintained within close proximity to the Cooroy Township;
    4. The proposed development forms an extension to an established development on land
       adjoining to the west and will provide high quality accommodation for the ageing population
       within an ideal location;
    5. The proposed dwellings to be constructed on site will remain consistent with that existing
       within the resort. Palm Lake standards for these dwellings include the following sustainable
       design features:
            o 1000L Water tank (to irrigate gardens only);
            o 3kW Solar system, invertor and 12 250W solar panels;
            o Heat pump hot water system; and
            o LED lights throughout.
    6. The development will not inhibit or prevent any agricultural uses on adjoining properties
       from continuing.




15 November 2017                                    Planning Report                               Page 26 of 30

Page 27

                        Figure 11: Cooroy Township Urban Growth Boundary
        7.2.2   Strategic Framework – Desired Environmental Outcomes
Part 3 on the Noosa Plan 2006 identifies Desired Environmental Outcomes to be achieved with
regards to Residential Uses (Section J) include the following:
   i.   development being within the planned capacity for roads, community services and infrastructure for
        the particular locality;
  ii.   providing Noosa Shire’s population access to a broad range of safe, secure and affordable housing that
        specifically caters for the current and projected demographic, economic and social profile of the
        community;
 iii.   development being consistent with the character and amenity of the particular locality;
  iv.   development considering the landform, natural environmental and climatic conditions of the locality;
   v.   employing water conserving design principles;
  vi.   being conveniently located with access to urban services employment and infrastructure;
 vii.   being suitably separated from incompatible land uses;


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viii.       residential environments maintaining the values identified in the Community Vision;
 ix.        considering the impact new development has on resident perceptions of Noosa Shire’s natural
            resources, open space, clean environment, integration of the landform and landscape, character,
            natural environment and resident lifestyle;
  x.        open space or farming being the predominant landuse in rural areas, ensuring urban or rural
            settlements do not impact on the role performed by those landuses; 3-9 The Noosa Plan Including
            amendments to 3 July 2017
 xi.        development upholding the quality lifestyle and amenity sought by residents of Noosa Shire with
            consideration given to density, noise, accessibility to community services and infrastructure, security,
            traffic and aesthetics;
 xii.       development contributing to Noosa Shire being distinct from other urban and rural settlement
            environments in South-East Queensland;
xiii.       employing energy efficiency principles in design, minimising the reliance on fossil fuels for thermal
            comfort and water heating;
xiv.        responding to the changing housing needs of the community, including changing demographics,
            changing composition of households, ageing and in-migration, whilst not impacting on the amenity of
            residential neighbourhoods or environmental values;
 xv.        urban and rural settlements not only satisfying the needs and aspirations of residents, but in many
            cases also meeting requirements of visitors; and
xvi.        making provision for, and coordinating the delivery of, infrastructure to support population growth
            resulting from residential development including water, sewerage, community services, roads and the
            like.

It is considered the proposed development satisfies all Desired Environmental Outcomes through the
following:
        1. The development is within areas of substantial infrastructure, where the site will connect to
           existing infrastructure within the adjoining approved resort;
        2. The proposed allows for the provision of independent living within the Cooroy-Noosa region.
           The percentage of ageing population will continue to increase, where the proposed
           development assists in catering for the demand;
        3. The development is consistent with adjoining residential allotments within the locality;
        4. The proposal has been designed to maximise sustainability including dwelling orientation,
           layout and vegetation aspects;
        5. All properties will include a 1000L water tank on site for the purposes of watering gardens;
        6. Residents of the new development will have full use of the existing facilities within the larger
           resort. In addition to this a private bus is provided exclusively to residents for trips into town
           and other various locations each week;
        7. The development of the rural site results is providing a higher level of consistency with
           regards to development within the Urban Growth Boundary and the locality;
        8. The proposal has considered Noosa Shire’s natural resources, where it is considered the site
           will not have any negative impacts upon residents perceptions of the area;
        9. It is considered the subject site is not suitable for agricultural purposes given the sites size,
           shape and location between residential land uses;


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      10. The development will form part of the larger resort resulting in the extension connecting to
          existing infrastructure, community facilities and security within the gated community;
      11. The proposed development may not be described as distinct however it provides a high
          quality of independent living units that caters for the ever-growing ageing population;
      12. Each dwelling will feature energy efficient principles as previously stated throughout this
          report;
      13. The proposal is for an extension to a retirement community when catering for the ageing
          population is considered to be consistent with demographic statistics;
      14. As previously stated the proposed extension will be connected to all infrastructure is the
          existing resort.
It is therefore considered that the proposed development satisfies all Desired Environmental
Outcomes and warrants favourable consideration by Noosa Council.

7.3       Priority Infrastructure Plan
The subject site is not affected by any trunk infrastructure planned under the Priority Infrastructure
Plan (PIP) as there are no plans for the subject site. As a result the proposed development will have
no impact on the PIP.

7.4       Infrastructure Charges
In accordance with the Noosa Shire Council’s Charges Resolution (No. 2) 2014 (last amended 28
October 2016) the rates and charges associated with Multiple Housing – Type 3 Retirement and
Special Needs for dwellings containing two (2) bedrooms is $20,000.00. Please see below for a
breakdown of charges deemed applicable to the proposed Multiple Housing – Type 3 development:

  Multiple Housing –       Number of Dwellings         Rate per Dwelling       Predicted Infrastructure
        Type 3                                                                         Charge

 Retirement and                      10 Dwellings                $20,000.00                 $200,000.00
 Special Needs

                                                    Total Approximate Infrastructure Charge: $200,000.00




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8.0      Conclusion
This Development Application seeks Noosa Shire Council’s approval of the following:
Development Permit for Material Change in Use for a Multiple Housing Type 3 – Retirement and
Special Needs for an additional 10 independent living units (230 total) over land described as 19
and 20 Trading Post Road, Cooroy – Lot 101 SP287641.

This development application has sought to transition and preserve the existing use and
development rights established by Development Permit MCU15/0111 to a fresh approval that
includes new land for an expanded development site.

This application has:

     Confed use rights by way of a Material Change of Use over an additional parcel of land (Lot 101
      on SP287641) that did not form part of the previous Development Permit MCU15/0111.

     Made changes to the overall layout to form the new site master plan incorporating the previously
      approved uses under development permit MCU15/0111.

The supporting technical reports and plans are considered to sufficiently demonstrate the proposed
development will have no negative implications for the surrounding environment and the
development sufficiently address all State and Local Government Planning instruments. For the few
identified conflicts with the Planning Scheme there are sufficient grounds to justify approval despite
the conflict as an Alternate Solution is provided that satisfies the relevant Specific Outcome.

Finally, Australia’s ageing population presents a number of challenges for provision of appropriate
and affordable housing and care. The increasing number of retirees choosing retirement living over
traditional home ownership, combined with a growing and ageing population, means a high demand
for this type of development in the future. Palm Lake Resort has responded by providing a high
standard residential retirement community.

Having regard to the tests set out in Section 45 of the Planning Act 2016, it is considered that the
proposed development should be supported and warrants approval by Noosa Shire Council.




15 November 2017                                Planning Report                         Page 30 of 30

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