Minor Change Report MCU15 0111.03 · MCU15/0111.03

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU15/0111.03 & REC15/0031
Development Approval	Development Permit for Material Change of Use of Premises - Multiple housing Type 3 - Retirement & Special Needs (56 Additional Retirement Dwellings) Development Permit for Reconfiguring a Lot – 4 Lots into 3 Lots
Applicant	Palm Lake Works Pty Ltd
Request Received On	27 August 2019

PROPERTY DETAILS
Property Address	2 & 4 Lamonts Road and 19 & 20 Trading Post Road, Cooroy
RP Description	Lots 1 & 4 RP 215922; and Lots 1 & 2 RP 165418
Land Area	14.75ha
Existing Use of Land	Palm Lakes retirement community

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy & Lake Macdonald
Zone	Community Services Rural
Overlays	Gas Pipeline Buffer
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval Development Permit for Material Change of Use of Premises - Multiple housing Type 3 - Retirement & Special Needs (56 Additional Retirement Dwellings). The change is to convert an approved caretakers residence to a recreational facility for residents. A caretakers for the Palm Lakes development currently resides off site.  It is currently located in a dwelling opposite the site. Refer Figure 1 – proposed caretakers.

The recreational building is 371.54m2 and includes a common room, kitchenette, toilets, store room and verandah.  Refer Figure 2 -  proposed and existing caretakers below.

Figure 1 – proposed caretakers

Figure 2 – proposed and existing caretakers

background
A Development Permit for a Material Change of Use – Multiple Housing Type 3 – Retirement & Special Needs (132007.2398) was issued on 8 February 2010 and took effect on 23 June 2010 with the issue of a Negotiated Decision Notice.
A request to extend the relevant period of the existing approval for a further 2 years was approved on 24 June 2014.
A request to change to the existing approval was approved on 2 March 2015. The changes replaced the approved RSL Care architectural scheme with the Palm Lakes scheme.
Council issued a development approval for an estate sales office on the site on 11 March 2016. The sales office is already operational and is accessed via Pearsons Road.
On 21 July 2016 Council approved MCU15/0111 which expanded the approved development via the incorporation of two neighbouring allotments.
A change to the development approval was lodged 28 October 2016 for a change to staging and works for each stage (MCU15/0111.01).  The application was later withdrawn.
21 June 2018 – An application for a further extension for an additional 10 independent living units (230 total) was approved by Council over an adjoining property (MCU17/0551).
A Generally in accordance request for MCU15/0111.02 was approved 10 July 2019 for an extension to a patio for a dwelling known as site 18.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Cooroy & Lake Macdonald Locality
Building works Code
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the 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 requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the change is minor in nature and does not include new buildings that have not been previously approved;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new mattes prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The application has been found to generally comply with all applicable statutory instruments and the existing approval.

Condition 1 for MCU15/0111
Approved Plans
Development shall be undertaken in accordance with this approval and must generally comply with the approved plans of development. The approved plans are titled and numbered: -
Plan Title	Drawing Reference	Revision No.	Date	Prepared by
Overall Site Plan	CO-000-2014 sheet 1 of 2	H	13/11/2015	Palm Lake Works
Staging Plan As annotated by Council	CO-000-2014 sheet 2 of 2	H	13/11/2015	Palm Lake Works
Site Plan [Aged Care]	01.1	-	21/08/2015	Interworks
Elevations [Aged Care]	02.1	-	21/08/2015	Interworks
Clubhouse Cover Sheet	CC000	A	15/10/2015	PAA Design
Clubhouse Site Plan	CC101	B	15/10/2015	PAA Design
Clubhouse Floor Plan	CC102	B	15/10/2015	PAA Design
Clubhouse Roof plan	CC103	B	15/10/2015	PAA Design
Clubhouse Elevations	CC105	B	15/10/2015	PAA Design
Bowls Green floor plan	CO-BG-2015 Sheet 1 of 3	A	23/11/15	Palm Lake Works
Bowls Green Elevations 1	CO-BG-2015 Sheet 2 of 2	A	23/11/15	Palm Lake Works
Bowls Green Elevations 2	CO-BG-2015 Sheet 3 of 3	A	23/11/15	Palm Lake Works
Golf & Workshop	CO-GC-2015 Sheet 1 of 1	A	23/11/15	Palm Lake Works
and as may be amended by these conditions.

Applicant’s Request
This application proposes to replace the approved caretaker’s residence with an additional resort facility, a recreational building. The recreational building is located where the caretaker’s residence is currently identified on the approved plans (Attachment 3). The centre will adjoin the approved caravan parking area and be connected by pedestrian pathway to the main communal hub of the resort, to the east of the covered Bowls Green. The building will have minimum setback of 7.7m, tot eh north-eastern property boundary, clear of an existing drainage easement.
The recreational building includes the following elements:
1. 371.54m2 of Gross Floor Area;
2. Large common room;
3. Small kitchenette;
4. Amenities (including disabled);
5. Store room; and
6. Wrap around veranda

The recreational building has been designed to be of a similar low scale nature as the caretaker’s residence ensuring consistency with resort character and built form.
The caretakers currently reside at 1 Prospect Place, and will continue to reside here upon the developments completion
The caretakers are within close proximity to the development, being located adjacent to the front entry providing passive surveillance and security for the resort and directions to emergency services if required;
The on-site clubhouse features a manager’s office that is manned by a caretaker during business hours and caretakers are on-call 24-7; and
The resort’s operations have been running under this program (with “off-site” caretakers) since 2016 with no complaints about their location reported by residents of the resort or the general public.
Assessment of Request
The removal of a caretakers use on site to provide for common area for the Palm Lake residents is consistent with the intent of the approval.  The caretakers situated opposite the site does not pose any planning issues, relating only to the operational aspects of the site. This will result in 1 less dwelling on site which requires an amendment to the applicant’s infrastructure charges schedule.
Therefore, the applicants request to include a recreational building in place of a caretakers is supported. Accordingly, Condition 1 will be amended to include the proposal plans.

Condition 2
Nature and Extent of Approved Use
The approved development comprises the following:
	220 Independent Living Units (each having a maximum of 2 bedrooms + study), associated common facilities and 1 caretaker’s residence; and
	120 Bed Aged Care Facility.
Applicant’s Request
Condition 2 refers to a caretakers residence which is no longer relevant to this site.
Assessment of Request
The proposal does not increase the amount of buildings approved on site, it only serves to reduce approved dwellings on site by one.  There are no planning issues associated with the change.  Therefore, it is agreed to amend Condition 2 to remove reference to the care takers residence.
An amended infrastructure charges notice will be sent as a consequence of one less dwelling on site.
draft planning scheme
The relevant provisions of the draft planning scheme are generally consistent with the current planning scheme.
cONSULTATION
Other Referrals
Not applicable
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. MCU15/0111.03, to make a minor change to an existing approval for Development Permit for Material Change of Use of Premises - Multiple housing Type 3 - Retirement & Special Needs (56 Additional Retirement Dwellings) and Development Permit for Reconfiguring a Lot – 4 Lots into 3 Lots situated at 2 & 4 Lamonts Rd, 19 & 20 Trading Post Rd COOROY, described as Lots 1 & 2 RP 165418, Lots 1 & 4 RP 215922, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on decided to:
A.	Approve the change.
B.	Amend conditions 1 and 2 to read as follows:
Approved Plans
Development shall be undertaken in accordance with this approval and must generally comply with the approved plans of development. The approved plans are titled and numbered: -
Plan Title	Drawing Reference	Revision No.	Date	Prepared by
Overall Site Plan	C0-000-2014	I	30/07/2019	Palm Lake Resort
Staging Plan As annotated by Council	CO-000-2014	I	30/07/2019	Palm Lake Resort
Site Plan [Aged Care]	01.1	-	21/08/2015	Interworks
Elevations [Aged Care]	02.1	-	21/08/2015	Interworks
Clubhouse Cover Sheet	CC000	A	15/10/2015	PAA Design
Clubhouse Site Plan	CC101	B	15/10/2015	PAA Design
Clubhouse Floor Plan	CC102	B	15/10/2015	PAA Design
Clubhouse Roof plan	CC103	B	15/10/2015	PAA Design
Clubhouse Elevations	CC105	B	15/10/2015	PAA Design
Bowls Green floor plan	CO-BG-2015 Sheet 1 of 3	A	23/11/15	Palm Lake Works
Bowls Green Elevations 1	CO-BG-2015 Sheet 2 of 2	A	23/11/15	Palm Lake Works
Bowls Green Elevations 2	CO-BG-2015 Sheet 3 of 3	A	23/11/15	Palm Lake Works
Golf & Workshop	CO-GC-2015 Sheet 1 of 1	A	23/11/15	Palm Lake Works
				
Change to Development approval MCU15/0111.03 (caretakers to recreational room)
Recreational building	C0-RR-019 (Sheet 1 of 04)	A	30/07/2019	Palm Lake Works
Recreational building	C0-RR-019 (Sheet 2 of 04)	A	30/07/2019	Palm Lake Works
Recreational building	C0-RR-019 (Sheet 3 of 04)	A	30/07/2019	Palm Lake Works
Recreational building	C0-RR-019 (Sheet 6 of 04)	A	30/07/2019	Palm Lake Works
and as may be amended by these conditions.
Nature and Extent of Approved Use
The approved development comprises the following:
	220 Independent Living Units (each having a maximum of 2 bedrooms + study), and associated common facilities; and
	120 Bed Aged Care Facility.

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