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Negotiated Report (Representations made) 132008 176 05 (As Published)
REQUEST FOR NEGOTIATED DECISION REPORT
Author Coordinator Planning - Nadine Gorton
Development Assessment
APPLICATION DETAILS
Application No. 132008.176.05
Development Approval Material Change of Use - Resort complex, Shop
Applicant CBD Settlers Cove Pty Ltd
Representations Received On 28 November 2024
Negotiated Decision Due Date 5 March 2025
Report Reviewed & Finalised Patrick Murphy
By
26.02.2025
Number of Submissions for 107 Properly Made Submissions (21 in support)
Original Application
PROPERTY DETAILS
Property Address 3 -7 Serenity Cl Noosa Heads Qld
RP Description Lot 10 & 11 SP 335472
Land Area Lot 10 – 12,122m2
Lot 11 – 11,871m2
Existing Use of Land Estate Sales Office & Site Office
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation
Environmental Management and Conservation
Precinct Not applicable
Local Area Plan Noosa Heads
Overlays Land Subject to Acid Sulfate Soils
Biodiversity, Waterways and Wetlands
Bushfire Hazard
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Landslide Hazard
Assessment Type Other Change to Approval - Impact
1. BACKGROUND
A development approval for a Material Change of Use - Resort complex and Shop was issued on
17 October 2024
The applicant suspended the appeal period and made representations on 28 November 2024 to
the development approval conditions. The representations are detailed below but primarily relate
to clarification of conditions relating to building height and ground levels, external building
treatment, timing of certain works and vegetation and fencing.
At the time the application was publicly notified, 107 properly made submissions were received
including 21 in support of the proposed development. The submitters were primarily concerned
with retention of vegetation on site for Glossy Black Cockatoos and koalas, impacts on the water
table, concerns about additional tourist accommodation and aspects relating to building design,
traffic, parking, pedestrian movements and impacts on infrastructure.
2. ASSESSMENT
An assessment in relation to each of the submitted representations is provided below:
Existing Condition 6
6. The maximum height of the development must not exceed 15 metres above the ground level.
including where excavation is undertaken to the exposed portion of the external façade of the
building.
Applicant’s Request
The applicant has requested existing condition 6 be amended as they consider the condition
relates to the external facades of the building that face the external site boundaries. The applicant
requests that the condition is amended as follows:
The maximum height of the development must not exceed 15 metres above the ground level.
Including where excavation is undertaken to the exposed portion of the external facade of the
building facing site boundaries.
Assessment of Request
The applicant’s interpretation of the condition is not correct as the planning scheme refers to the
exposed external facades of the building and does not make reference to site boundaries.
Specifically, AO9.2 states:
AO9.2 Where excavation is required, the maximum portion of the exposed external façade of
the building cannot exceed the building height in AO9.1
All portions of the building are not to exceed a height of 15 metres and concerns are raised with
the requested change as a number of buildings are perpendicular to the site boundaries which may
be visible from areas external to the site.
It is noted that information submitted as part of the application included comments from the
application that exposed external facades comply with height requirements.
Recommendation
It is recommended existing condition 6 remain unchanged.
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Existing Condition 7
7. The ground level must be reinstated around the basement level to ensure no part of which is
more than 1 metre above ground level, apart from the driveway entrance.
Applicant’s Request
The applicant submits that the condition refers to a singular driveway entrance, whereas there are
two driveway entrances. In addition, the applicant seeks clarification to avoid any uncertainty
around what constitutes a basement, given that basement is only applicable in this instance to
determining building height.
The applicant has requested existing condition 7 be amended and replaced with the following
amended condition:
7. For those parts of the building where there are 4 storeys above basement, the ground level
must be reinstated around the basement level to ensure no part of which is more than 1 metre
above ground level, apart from the driveway entrances.
Assessment of Request
The applicant’s submission is not totally correct. Building height relates to height in metres and
storeys, with a basement excluded from being defined as a storey where the ceiling is not more
than 1 metre above ground. However, a basement can be assessed as site cover where it is
partially above ground and not used for carparking. The proposal plans indicate extensive
basement areas that are required to backfilled and the condition should be retained to ensure that
the building complies with height and site cover requirement. No objection is raised to referencing
multiple driveways.
Recommendation
It is recommended existing condition be amended to read as follows:
7. The ground level must be reinstated around the basement level to ensure no part of which is
more than 1 metre above ground level, apart from the driveway entrances.
Existing Condition 17
17. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface.
Applicant’s Request
The applicant submits:
To ensure there is no uncertainty with this condition it is requested the condition be amended to
reference the approved plans, which are understood to comprise a suitable mix of lightweight and
textured external finishes.
The applicant has requested existing condition 17 be amended and replaced with the following:
17. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface, as detailed
on the approved plans.
Assessment of Request
No objection is raised to the request
Recommendation
It is recommended existing condition 17 be amended to read as follows:
17. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface, as detailed
on the approved plans.
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Existing Condition 19
19. All balustrades to decks and balcony areas must be open or transparent.
Applicant’s Request
The applicant indicates that the approved plans provided for mix of open and solid balustrades and
which are understood to comprise an acceptable outcome.
The applicant has requested existing condition 19 be amended and replaced with the following
amended condition:
19. All balustrades to decks and balcony areas must be open or transparent include a mix of open
and solid elements as shown on the approved plans.
Assessment of Request
The condition was imposed to ensure the variation detailed on the proposed plans was maintained.
No objection is raised to the amendment to the condition
Recommendation
It is recommended existing condition 19 be amended to read as follows:
19. All balustrades to decks and balcony areas must be open or transparent include a mix of
open and solid elements as shown on the approved plans.
Existing Condition 29
29.All separate, adjoining lots that form part of this application shall be amalgamated into one
undivided allotment in accordance with the Plan of Survey submitted for registration at the Land
Titles Office. Proof of title being issued for the amalgamated lot shall be submitted to Council prior
to the issue of the Development Permit for Building Works.
Applicant’s Request
The applicant submitted that in addition to amalgamation, the development will require new
easements for Energex and services and vegetation covenants. The applicant indicated that it will
be more efficient to undertake these survey works and plan preparation at the same time rather
than as separate survey works. These survey works are typically undertaken during the
construction process and not prior to the issue of the Development Permit for Building Works.
The applicant has requested existing condition 29 be amended and replaced with the following
amended condition:
29. All separate, adjoining lots that form part of this application shall be amalgamated into one
undivided allotment in accordance with the Plan of Survey submitted for registration at the Land
Titles Office. Proof of title being issued for the amalgamated lot shall be submitted to Council prior
to the issue of the Development Permit for Building Works commencement of use.
Assessment of Request
The request is considered reasonable and no objection is raised to the change as Council has
included conditions relating to performance bonds to ensure that conditions of approval are met.
Recommendation
It is recommended existing condition 29 be amended to read as follows:
29. All separate, adjoining lots that form part of this application shall be amalgamated into one
undivided allotment in accordance with the Plan of Survey submitted for registration at the Land
Titles Office. Proof of title being issued for the amalgamated lot shall be submitted to Council prior
to the issue of the Development Permit for Building Works commencement of use.
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Existing Condition 39
39. Motor scooters and E-bikes shall be made available for use by resort guests, the provision
of which may be via a service agreement with a hire company.
Applicant’s Request
The applicant states that motor scooters are a higher risk mobility provision requiring all users to
have a current drivers licence, whereas E-bikes are a lower risk and more sustainable mobility
option.
The applicant has requested existing condition 39 be amended and replaced with the following
amended condition:
39. Motor scooters and E-bikes shall be made available for use by resort guests, the provision of
which may be via a service agreement with a hire company.
Assessment of Request
The condition was imposed to provide alternative transport options for guests. The provision of e-
bikes on site is considered reasonable and no objection is raised to the change
Recommendation
It is recommended existing condition 39 be amended to read as follows:
39. Motor scooters and E-bikes shall be made available for use by resort guests, the provision of
which may be via a service agreement with a hire company.
Existing Condition 46
46. Prior to the lodging of a development application for Operational Works, provide and have
endorsed by Council updated architectural plans, preliminary engineering plans, and
Stormwater Management Plan, which addresses the following: …
Applicant’s Request
Condition 46 details stormwater drainage requirements for future Operational Works applications.
The applicant submits that the requirement to provide updated architectural plans, preliminary
engineering plans and Stormwater Management Plan addressing these conditions prior to lodging
a development application for Operational Works is an unnecessary double up of the purpose of
an Operational Works application.
The applicant has requested existing condition 46 be amended and replaced with the following
amended condition:
46. Prior to the lodging of a development application for Operational Works, provide and have
endorsed by Council updated architectural plans, preliminary engineering plans, and
Stormwater Management Plan, which addresses the following:
The site must be provided with a stormwater drainage system undertaken in accordance with an
Operational Works approval, which addresses the following:
a. …
g. … .
All works are to be undertaken in accordance with the updated endorsed plans.
Assessment of Request
The applicants request has been reviewed by Councils external stormwater consultant who
advises that:
In terms of timing:
The issues listed in the condition were raised during the assessment of the application but not
addressed. They are conceptual issues that need to be resolved before the design detail can be
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documented in an OPW application. Hence the timing ‘prior to OPW’. I suggest the timing is not
changed as these issues could significantly impact the ability to assess the OPW within statutory
timeframes.
Recommendation
It is recommended existing condition 46 remain unchanged.
Existing Condition 46b
46b. Provide sizing and nominate the locations of roofwater harvesting tanks. The tanks are to
be sized to provide 80% reliability to supply water for landscape irrigation and flushing of toilets in
public/communal areas of the resort.
Applicant’s Request
The applicant submits that given the extent of landscape works over the site, all roofwater
harvesting tanks will be utilised to provide water for landscape irrigation, including pool top up. The
applicant indicates that the use for flushing of toilets will necessitate double up of water supply
lines and pumps to no benefit.
The applicant has requested existing condition 46b be amended and replaced with the following
amended condition:
46b Provide sizing and nominate the locations of roofwater harvesting tanks. The tanks are to be
sized to provide 80% reliability to supply water for landscape irrigation and flushing of toilets
in public/communal areas of the resort pool top up.
Assessment of Request
The applicant’s request has been reviewed by Councils external stormwater consultant who agrees
with the proposed change.
Recommendation
It is recommended existing condition 46b be amended to read as follows:
46b Provide sizing and nominate the locations of roofwater harvesting tanks. The tanks are to be
sized to provide 80% reliability to supply water for landscape irrigation and flushing of
toilets in public/communal areas of the resort pool top up.
Existing Condition 64
64. An Acid Sulfate Soil Management Plan must be prepared and submitted with the Operational
Works Application for the site. The Acid Sulfate Soil Management Plan must include testing,
monitoring and treatment requirements for the works.
Applicant’s Request
The applicant submits that an Acid Sulfate Soil Assessment was prepared and submitted in
response to Councils information request. The applicant further notes that the assessment
confirmed that acid sulfate soils were not an issue and that no management measures were
required. The report provided:
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The applicant has requested existing condition 64 be deleted.
Assessment of Request
Councils Senior Development Engineer has reviewed the request and agrees with the submission.
It is noted that future Operational works applications can include further notes/ conditions about
Acid Sulphate Soils.
Recommendation
It is recommended existing condition 64 be deleted.
Existing Condition 66b
66b. Bonding of the existing mature Eucalyptus tereticornis (tree 79) within the 6 metre
setback along Serenity Close prepared by a qualified person* in accordance with an approved
methodology such as Burnley or Thyer.
Applicant’s Request
The applicant indicates that this condition is a double up of the tree bonding requirement of
condition 69 which covers all trees to be retained.
The applicant has requested existing condition 66b be deleted.
Assessment of Request
Councils Senior Environment Officer agrees with request noting that a total bond of $250,000 is
required for the development.
Recommendation
It is recommended existing condition 66b be deleted.
Existing Condition 66c
66c. A revegetation/rehabilitation plan for the 6 metre setback fronting Banksia Avenue and
Serenity Close and the Environmental Management and Conservation Zones.
Applicant’s Request
The applicant submits:
There is a potential conflict between condition 66c and condition 75. While condition 66c requires
a revegetation/rehabilitation plan for vegetation in the Environmental Management and
Conservation Zone, condition 75 requires that the vegetation be managed to achieve a 'low fuel
state'. Accordingly, to remove any uncertainty and potential conflict we request that Condition 70
[sic 66c.] be amended as follows:
66c. A revegetation/rehabilitation plan for the 6 metre setback fronting Banksia Avenue and
Serenity Close and the Environmental Management and Conservation Zones. The
revegetation/rehabilitation plan must have regard to the bushfire Site Management Plan required
by condition 75.
Assessment of Request
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Councils Senior Environment Officer agrees with the request.
Recommendation
It is recommended existing condition 66c be amended to read as follows:
66c. A revegetation/rehabilitation plan for the 6 metre setback fronting Banksia Avenue and
Serenity Close and the Environmental Management and Conservation Zones. The
revegetation/rehabilitation plan must have regard to the bushfire Site Management Plan
required by condition 75.
Existing Condition 66f
66f. Vegetated screening of any electrical transformers, bin storage areas and the like from the
road frontage
Applicant’s Request
The applicant indicates that services such as electrical transformers require direct and unrestricted
access from the road reserve and cannot have vegetated screening in front.
The applicant has requested existing condition 66f be amended and replaced with the following
amended condition:
66f. Vegetated screening of any electrical transformers, bin storage areas and the like from the
road frontage.
Assessment of Request
The request is agreed with as electrical transformers need to have unrestricted access to the road
frontage.
Recommendation
It is recommended existing condition 66f be amended to read as follows:
66f. Vegetated screening of any electrical transformers, bin storage areas and the like from the
road frontage.
Existing Condition 66g
66g. Provision of 1 street tree (Lophostemon confertus) centrally located between each existing
street tree located within Serenity Close road reserve.
Applicant’s Request
The applicant submits that street trees of an appropriate density and spacing already exist along
Serenity Close. These trees will be further complimented by the 6m vegetated setback to be
provided along the frontage. There is no need or requirement under the planning scheme for
more street trees.
The applicant has requested existing condition 66g be deleted.
Assessment of Request
Councils Senior Environment Officer disagrees with applicants request. Whilst street trees exist
within the road reserve the additional street tree planting is considered reasonable to further the
soften the scale of the built form and create a landscaped streetscape especially with works
proposed in the road reserve.
Recommendation
It is recommended existing condition 66g remain unchanged.
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Existing Condition 68
68. Existing trees on the site within boundary setbacks, open space areas and in the road reserve
must be retained and protected in accordance with an updated Arborist Report / Vegetation
management Plan prepared by a qualified person* and endorsed through an Operational Works
approval. The Arborist Report/ Vegetation management Plan must include: …
Applicant’s Request
The applicant details that ‘Open space areas’ are not defined and there is risk that not all trees can
be retained within these areas due to impacts from proposed and adjacent works or existing tree
health. The applicant submits that the core focus for vegetation retention with the application has
been the road frontage boundary setback area and the Environmental management and
conservation zone area and there was no indication that all trees within the general open space
areas would be or needed to be retained. Further the applicant indicates that all trees to be retained
will also be subject to assessment by a suitability qualified person in accordance with AS 4970-
2009 Protection of trees on development sites and endorsed through an Operational Works
approval.
The applicant has requested existing condition 68 be amended and replaced with the following
amended condition:
68. Existing trees on the site within the 6m road frontage boundary setbacks, open space areas
the Environmental management and conservation zone and in the road reserve must be retained
and protected in accordance with an updated Arborist Report / Vegetation management Plan,
including assessment in accordance with AS 4970-2009 Protection of trees on development sites,
prepared by a qualified person* and endorsed through an Operational Works approval. The
Arborist Report/ Vegetation management Plan must include:
(a) Identify all Koala and Glossy Black Cockatoo Trees in the areas to be protected.
Assessment of Request
Councils Senior Environment Officer has reviewed the request and agrees to the condition being
clarified as requested.
Recommendation
It is recommended existing condition 68 be amended to read as follows:
68. Existing trees on the site within the 6m road frontage boundary setbacks, open space areas
the Environmental management and conservation zone and in the road reserve must be
retained and protected in accordance with an updated Arborist Report / Vegetation management
Plan, including assessment in accordance with AS 4970-2009 Protection of trees on
development sites, prepared by a qualified person* and endorsed through an Operational
Works approval. The Arborist Report/ Vegetation management Plan must include:
(a) Identify all Koala and Glossy Black Cockatoo Trees in the areas to be protected.
Existing Condition 70
70. A vegetation protection covenant must be registered over the area identified as the 6 metre
vegetated setback from Serenity Close and Banksia Avenue and the Environmental Management
and Conservation Zones on the Approved Plans pursuant to Section 97A of the Land Title Act
1994. The covenant document and a survey plan must be submitted to Council for endorsement
prior to lodgement with the relevant titles authority for registration of title. The covenant document
must: …
Applicant’s Request
The applicant submits that there is a potential conflict between part of condition 70 and condition
75. Condition 70 requires protection of vegetation in the Environmental Management and
Conservation Zone, whereas condition 75 requires that the vegetation be managed to achieve a
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'low fuel state'. Accordingly, to remove any uncertainty and potential conflict the applicant requests
that Condition 70 be amended as follows:
70. A vegetation protection covenant must be registered over the area identified as the 6 metre
vegetated setback from Serenity Close and Banksia Avenue and the Environmental
Management and Conservation Zones on the Approved Plans pursuant to Section 97A of the
Land Title Act 1994. The covenant document must reference the bushfire Site Management Plan
required by condition 75 and the Vegetation Management Plan required by condition 68. The
covenant document and a survey plan must be submitted to Council for endorsement prior to
lodgement with the relevant titles authority for registration of title. The covenant document must:…
Assessment of Request
Councils Senior Environment Officer has reviewed the request and agrees to the condition being
clarified as requested.
Recommendation
It is recommended existing condition 70 be amended to read as follows:
70. A vegetation protection covenant must be registered over the area identified as the 6 metre
vegetated setback from Serenity Close and Banksia Avenue and the Environmental
Management and Conservation Zones on the Approved Plans pursuant to Section 97A of the
Land Title Act 1994. The covenant document must reference the bushfire Site Management
Plan required by condition 75 and the Vegetation Management Plan required by condition
68. The covenant document and a survey plan must be submitted to Council for endorsement prior
to lodgement with the relevant titles authority for registration of title. The covenant document
must:…
Existing Condition 73
73. Any proposed new fencing to delineate boundary alignments must be constructed to allow
for the movement of fauna ....
Applicant’s Request
The applicant submits that there may be instances where boundary fencing also doubles as pool
safety fencing and as this fencing must comply with pool safety requirements it may not be possible
to provide for fanua movements.
The applicant has requested existing condition 73 be amended and replaced with the following
amended condition:
73. Any proposed new fencing to delineate boundary alignments, with the exception of pool
fencing, must be constructed to allow for the movement of fauna.
Assessment of Request
Councils Senior Environment Officer has reviewed the request and agrees to the condition being
clarified as requested.
Recommendation
It is recommended existing condition 73 be amended to read as follows:
73. Any proposed new fencing to delineate boundary alignments, with the exception of fencing
directly around pool areas, must be constructed to allow for the movement of fauna.
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3. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme. The
requested changes to the conditions do not raise any significant issues and are therefore
supported. The application is therefore recommended for approval.
The report is provided in accordance with Section 76 of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 132008.176.05 and the representations made, Council on 25
February 2025 decided to:
A. Agree to amend conditions 7, 17, 19, 29, 39, 46b, 66c, 66f, 68, 70 and 73 to read as follows:
7. The ground level must be reinstated around the basement level to ensure no part of which is
more than 1 metre above ground level, apart from the driveway entrances.
17. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface, as detailed
on the approved plans.
19. All balustrades to decks and balcony areas must include a mix of open and solid elements as
shown on the approved plans.
29. All separate, adjoining lots that form part of this application shall be amalgamated into one
undivided allotment in accordance with the Plan of Survey submitted for registration at the Land
Titles Office. Proof of title being issued for the amalgamated lot shall be submitted to Council prior
to the commencement of use.
39. E-bikes shall be made available for use by resort guests, the provision of which may be via a
service agreement with a hire company.
46b. Provide sizing and nominate the locations of roofwater harvesting tanks. The tanks are to be
sized to provide 80% reliability to supply water for landscape irrigation and pool top up.
66c. A revegetation/rehabilitation plan for the 6metre setback fronting Banksia Avenue and
Serenity Close and the Environmental Management and Conservation Zones. The
revegetation/rehabilitation plan must have regard to the bushfire Site Management Plan required
by condition 75.
66f. Vegetated screening of any bin storage areas and the like from the road frontage.
68. Existing trees on the site within the 6m road frontage boundary setbacks, the Environmental
management and conservation zone and in the road reserve must be retained and protected in
accordance with an updated Arborist Report / Vegetation management Plan, including
assessment in accordance with AS 4970-2009 Protection of trees on development sites, prepared
by a qualified person* and endorsed through an Operational Works approval. The Arborist
Report/ Vegetation management Plan must include:
(a) Identify all Koala and Glossy Black Cockatoo Trees in the areas to be protected.
70. A vegetation protection covenant must be registered over the area identified as the 6 metre
vegetated setback from Serenity Close and Banksia Avenue and the Environmental
Management and Conservation Zones on the Approved Plans pursuant to Section 97A of the Land
Title Act 1994. The covenant document must reference the bushfire Site Management Plan
required by condition 75 and the Vegetation Management Plan required by condition 68. The
covenant document and a survey plan must be submitted to Council for endorsement prior to
lodgement with the relevant titles authority for registration of title. The covenant document must:…
73. Any proposed new fencing to delineate boundary alignments, with the exception of pool fencing
directly around pool areas, must be constructed to allow for the movement of fauna.
B. Delete conditions 64 and 66b.
C. Refuse the representations made to delete conditions 6, 46 and 66g for the following
reasons:
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a. Condition 6 – is required to ensure that the buildings comply with height requirements
from all angles that are visible from the road.
b. Condition 46 - the stormwater material submitted to Council as part of the assessment
process detailed conceptual issues that need to be resolved before the design detail
can be documented in the Operational Works Application.
c. Condition 66g - additional street trees can be planted which will further soften the
building and contribute positively to the streetscape.
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