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20241206-NC- Minor change request_(2) · 132004.5744.13
BRISBANE | SUNSHINE COAST | CENTRAL QLD KON-TIKI BUSINESS CENTRE TOWER 1, LEVEL 2, SUITE T1.209, 55 PLAZA PARADE, MAROOCHYDORE QLD 4558 JFP URBAN CONSULTANTS PTY LTD ABN 79 050 414 045 6 December 2024 Job Ref: M1717P Noosa Council By email: [email protected] Att: Tara Norley – Senior Development Planner Re: Request for minor change to a development approval being a material change of use of premises for a retirement community at 35 Walter Hay Dr Noosaville, and described as Lot 2 on SP 162077 (Council Ref: 132004.5744.12) Dear Tara, I refer to the development permit for a material change of use of premises for a retirement community issued over the above site. In accordance with s78 of the Planning Act 2016 we hereby lodge a request to change the development approval to incorporate a new 6m x 6m maintenance/ garden shed. Background The site is situated at 35 Walter Hay Drive, Noosaville and is described as Lot 2 on SP162077 (“the Site”). The total area of the site is 6.707 hectares. The site was zoned under the Transitional Planning Scheme 1997 as Detached Housing Zone. The site was zoned as Semi- Attached Housing Zone under the superseded Noosa Plan 2006 and is now zoned as Medium Density Residential under the Noosa Plan 2020. On 15 December 2005, Council issued a Negotiated Decision Notice for a Material Change of Use (Retirement Community – 169 Dwelling/Accommodation Units and Ancillary Facilities) development approval (Council ref: 2004/5744). As identified in the Negotiated Decision notice, the original development approval had regard to the draft Noosa Plan 2006 at the time of approval. The original application was impact assessable and no properly made submissions were received. The original application included an additional area totalling 5,440m² which has been dedicated as Parkland (Reserve) as part of one of the earlier stages, in the north west corner of the site, and now described as Lot 100 on SP290665. There have been several separate minor changes to the existing development approval no. 2004/5744, since the original development approval was granted. Several design changes were required to respond to economic factors, variations to product mix and conversion from “Serviced Apartments” to “Apartment Buildings”. The latest change to the existing approval was issued on 10 May 2024 (Council ref: 132004.5744.12), which involved updating the development plans to capture an addition 7 angled carparks lined marked on the edge of the road to the north of the existing covered parking associated with apartments.
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The development is now largely complete and fully operational in accordance with the requirements of the related
approvals.
More recently the client has undertaken enquiries to construct a 6m x 6m maintenance/ gardeners shed in the southeast
corner of the site. Council has advised that this would involve a minor change to the existing approval and also require an
updated site cover calculation for the whole of the site.
An updated site plan, site cover plan and proposal plans are included in Attachment C.
Requested change and justification
To assist council with the assessment of the proposed minor change to the development approval, we have outlined the
consequential changes existing condition package to reflect the proposed changes to the proposal plans.
Condition 1 – Approved plans
The table of listed plans is reproduced below.
Plan No. Rev. Plan/Document Name Date
1519-WD01 - Revised Site Plan prepared by Greg Gibbs December 2015
0379-SK05 B Drainage Design October 2004
TP-01 P5 Site Plan prepared by Select Architects 22 April 2024
TP‐02 P3 Proposed Ground Floor Plan (Building A) 22 April 2024
prepared by Select Architects
TP-03 P3 Proposed First Floor Plan (Building A) prepared 22 April 2024
by Select Architects
TP-04 P3 Proposed Roof Plan (Building A) prepared by 22 April 2024
Select Architects
TP-05 P1 Proposed Elevations (Building A) prepared by 16 May 2017
Select Architects
TP-06 P4 Proposed Ground Plan (Building B) prepared by 22 April 2024
Select Architects
TP-07 P4 Proposed First Floor Plan (Building B) prepared 22 April 2024
by Select Architects
TP-08 P4 Proposed Roof Plan (Building B) prepared by 22 April 2024
Select Architects
TP-09 P1 Proposed Elevations Sheet 1 (Building B) 16 May 2017
prepared by Select Architects
TP-10 P1 Proposed Elevations Sheet 2 (Building B) 16 May 2017
prepared by Select Architects
0379-SK-CC 1A Community Centre Floor Plan prepared by Greg November 2004
Gibbs
0379-SK-CC 2A Community Centre Elevations prepared by Greg November 2004
Gibbs
0379-VILLA-A A Type A Villa prepared by Greg Gibbs November 2004
0379-VILLA-B A Type B Villa prepared by Greg Gibbs November 2004
JFP Ref: M1717P Page 2
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0379-VILLA-C A Type C Villa prepared by Greg Gibbs November 2004
0379-VILLA-D A Type D Villa prepared by Greg Gibbs November 2004
0379-VILLA-E A Type E Villa prepared by Greg Gibbs November 2004
LA-01 B Landscape Concept Plan – Entry prepared by June 2005
Land Graphics
LA-01 B Landscape Concept Plan prepared by Land June 2005
Graphics
1514-WD02 - The Singleton Floor Plan prepared by Greg December 2015
Gibbs
1514-WD04 - The Singleton Elevations prepared by Greg December 2015
Gibbs
1514-WD01 - The Singleton Site Plan + Finishes prepared by December 2015
Greg Gibbs
Comment
The list of approved plans needs to be updated to reflect updated site plan and site cover calculations and the proposal
plans for new maintenance/ garden shed.
Prior to lodgement, Council officers requested that an updated site cover calculation be included as part of the
application. In addition to the site cover calculation, we have also prepared updated GFA and density provisions for the
development. Since we have no access to the original application material, the subject calculations were based on the
information collated from the later approvals, Council development application numbers: - 132004.3744.04,
132004.3744.09 and 132004.3744.11. The submitted plans and related delegated reports for the 2 former applications
(132004.3744.04, 132004.3744.09) provide a comprehensive overview of the existing site cover, gross floor area and
density provisions up until the time the villas were finalised circa 2016. The latter approval (132004.3744.11) provides
further details relating to revised apartments buildings, where the approved plans demonstrate the buildings’ gross floor
area and density provisions. Accordingly, the site cover of the apartment buildings was calculated from the combined site
cover of the approved apartment buildings, covered walkways and covered car parking. Below is an overview of the
original approval compared to revised site cover calculation which reflects the current built form and the proposed
garden shed.
Original approval 2004
No. Population persons Site cover (m2) GFA/ TUA (m2)
Villas 102 259.2 15,652 11,841
Apartments 67 131.4 3,570 6,450
Community 1 1,383 1,036
Building
Hobby centre 1 64 64
Gym 1 211 195
Gardeners Shed 1 50 43
JFP Ref: M1717P Page 3
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Maintenance 1 95 82
Shed
Total 174 390.6 21,025 19,711
Current approval (including proposed Garden Shed)
No. Population Persons Site Cover (m2) GFA/ TUA (m2)
Villas 98 259.5 15,738 11,851
Apartments 58 146.4 4163 6,458
Community 1 0 1,383 1,036
Building
Hobby centre 1 0 43 43
Gym 1 0 211 195
Gardeners Shed 1 0 36 36
Community 4 0 1673 1310
Buildings
Maintenance 0 0 0 0
shed
Covered parking 1359 0
Total 160 405.9 22,993 19,619
The updated site cover calculations result in the total site cover being 33% (inclusive of the new garden shed). This site
cover calculation has been incorporated into an updated site plan (including site cover calculation) to form part of the
approval package. This complies with the 40% site cover currently permitted under the current and former iterations of
the Noosa Plan (2006 & 2020).
In terms of the site density, there is a minor increase of 15.3 persons which results in total site density of 405.9 persons.
As discussed in Council’s delegated report for an earlier minor change application (Council ref: - 132004.5744.04), the
original planning scheme allowed for a maximum yield of 670 persons (for the site), which is the same as the subsequent
Noosa Plan 2006 which allows for a maximum of 100 person per hectare in the Semi attached housing zone. The current
Noosa Plan does not include any prescribed density provision for the Medium Density Residential Zone. Accordingly, the
minor increase in overall population density is well within the allowable density provisions applying to the site when the
application was originally lodged and more recent iterations of the planning scheme.
In addition to the updated site plan which includes site cover calculations refer to Attachment C), we have also prepared
a shed ‘inset’ plan, which illustrates the siting of the shed in relation to nearby property boundaries and site features
(refer to Attachment D). The detailed shed plans including elevations are provided in Attachment E.
As consequence of these changes, the approved list of approved plans included in Condition 1 have been updated to
capture the latest plans which are the subject of this application. Refer to updated list of approved plans in the table
below, with additions in bold-type.
Plan No. Rev. Plan/Document Name Date
1519-WD01 - Revised Site Plan prepared by Greg Gibbs December 2015
JFP Ref: M1717P Page 4
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M1717P 45 C Site plan prepared by JFP Urban Consultants Pty 15 November 2024
Ltd
0379-SK05 B Drainage Design October 2004
TP-01 P5 Site Plan prepared by Select Architects 22 April 2024
TP‐02 P3 Proposed Ground Floor Plan (Building A) 22 April 2024
prepared by Select Architects
TP-03 P3 Proposed First Floor Plan (Building A) prepared 22 April 2024
by Select Architects
TP-04 P3 Proposed Roof Plan (Building A) prepared by 22 April 2024
Select Architects
TP-05 P1 Proposed Elevations (Building A) prepared by 16 May 2017
Select Architects
TP-06 P4 Proposed Ground Plan (Building B) prepared by 22 April 2024
Select Architects
TP-07 P4 Proposed First Floor Plan (Building B) prepared 22 April 2024
by Select Architects
TP-08 P4 Proposed Roof Plan (Building B) prepared by 22 April 2024
Select Architects
TP-09 P1 Proposed Elevations Sheet 1 (Building B) 16 May 2017
prepared by Select Architects
TP-10 P1 Proposed Elevations Sheet 2 (Building B) 16 May 2017
prepared by Select Architects
0379-SK-CC 1A Community Centre Floor Plan prepared by Greg November 2004
Gibbs
0379-SK-CC 2A Community Centre Elevations prepared by Greg November 2004
Gibbs
0379-VILLA-A A Type A Villa prepared by Greg Gibbs November 2004
0379-VILLA-B A Type B Villa prepared by Greg Gibbs November 2004
0379-VILLA-C A Type C Villa prepared by Greg Gibbs November 2004
0379-VILLA-D A Type D Villa prepared by Greg Gibbs November 2004
0379-VILLA-E A Type E Villa prepared by Greg Gibbs November 2004
LA-01 B Landscape Concept Plan – Entry prepared by June 2005
Land Graphics
LA-01 B Landscape Concept Plan prepared by Land June 2005
Graphics
1514-WD02 - The Singleton Floor Plan prepared by Greg December 2015
Gibbs
1514-WD04 - The Singleton Elevations prepared by Greg December 2015
Gibbs
1514-WD01 - The Singleton Site Plan + Finishes prepared by December 2015
Greg Gibbs
M1717P 46 A Garden Shed Location prepared by JFP Urban 15 November 2024
Consultants
CLOU04-1058 A Garden Shed - Floor plan and elevation 2024
prepared by Ranbuild
Condition 2
JFP Ref: M1717P Page 5
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Condition 2 provides:
2. All buildings shall include a roof pitch no less than 12 degrees, with roof overhangs a minimum of 600mm wide,
apart from the following:
2.1 elevations, which do not front an internal street or front the rear outdoor living areas;
2.2 areas shown as flat roofs on Drawings 0379
Comments
The proposed garden shed is proposed to have a roof pitch slightly less than 12° and is actually 10°. We seek to amend
condition 2 to exempt the garden shed from the requirements of condition 2, by amending condition 2 as follows:
2. All buildings shall include a roof pitch no less than 12 degrees, with roof overhangs a minimum of 600mm wide,
apart from the following:
2.1 elevations, which do not front an internal street or front the rear outdoor living areas;
2.2 areas shown as flat roofs on Drawings 0379: and
2.3 the garden shed sited in the south east corner of the site.
This requirement is considered reasonable on the basis that the shed is a minor structure and will be appropriately sited
so that it will not be clearly visible from any surrounding residences or from Eenie Creek Rd.
Condition 11
Condition 11 provides:
11. All buildings shall maintain a 15 metre setback to the site’s frontage to Walter Hay Drive North and Eenie
Creek Road, apart from the depot building, which shall be setback a minimum of 6 metres from the front boundary
to Walter Hay Drive North.
Comments:
The retirement community is primarily completed with all residences and community facilities established on site. The
proposed garden shed is required for the storage of gardening and onsite maintenance equipment. The shed is proposed
to be setback 4.3m from the front boundary to Eenie Creek Rd and 10m from site’s eastern boundary. The proposed
setback is still considered adequate to provide an adequate vegetative screen when viewed from Eenie Creek Rd.
We note that other structures such as the electricity substation and the covered car parks are also included within this
15m setback. Therefore, it is considered appropriate that these structures are also excluded from the conditions setback
requirements.
It is therefore requested that condition 11 is amended as follows:
JFP Ref: M1717P Page 6
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11. All buildings shall maintain a 15 metre setback to the site’s frontage to Walter Hay Drive North and Eenie
Creek Road, apart from the depot building, which shall be setback a minimum of 6 metres from the front boundary
to Walter Hay Drive North and the covered car parking areas which will be setback a minimum 3.8m from Eenie
Creek Rd, electricity substation which will be setback a minimum 8.2m from Eenie Creek Rd and the Garden shed,
which will be setback a minimum 4.3m from Eenie Creek Rd.
No further changes to the conditions of approval are required to support the change.
Assessment against the applicable provisions of the Planning Act 2016 (the Act)
In accordance with s.81 and Schedule 2 of the Act, please find below an assessment of the proposed change to approval
against the ‘minor change’ criteria of the Act.
Criteria Response
Minor change means a change that—
….
(b) for a development approval—
i) Would not result in ‘substantially different Complies refer to Table 2 below.
development’; and
ii) If a development application for the
development, including the change, were
made when the change application is made
would not cause -
a) The inclusion of prohibited Complies – The proposed does not introduce prohibited
development in the application; or development.
b) Referral to a referral agency, other Complies – The proposed development does not require
than to the chief executive, if there the development to be referred to a referral agency nor
were no referral agencies for the additional matters prescribed by a regulation under
development application; or section 55(2).
c) Referral to extra referral agencies,
other than to the chief executive; or
d) A referral agency to assess the
application against or have regard to
matters prescribed by the regulation
under section 55 (2), other than
matters the referral agency must have
assessed the application against, or
have had regard to, when the
application was made; or
e) public notification if public Complies – The proposed amendment is minor in nature
notification was not required for the and will not trigger the requirement for public
development application. notification.
Table 1 – ‘Minor change’ criteria (Schedule 2 - Dictionary)
JFP Ref: M1717P Page 7
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The proposed change represents a minor change under Schedule 1 of the Development Assessment Rules, as the
outcome does not result in ‘substantially different’ development as outlined below.
Substantially Different Criteria Response
A change may be considered to result in a substantially different development if the proposed change:
a) involves a new use Complies – the change does not involve a new use
b) results in the application applying to a new parcel Complies – the proposed change will not result in any
of land; or new parcels of land being included as part of the
application
c) dramatically changes the built form in terms of Complies – the proposed change does not involve any
scale, bulk and appearance; or changes to the approved built form
d) changes the ability of the proposed development Complies – the proposed change is considered minor and
to operate as intended; or does not change the ability for the development to be
operated as intended
e) removes a component that is integral to the Complies – The proposed change does not remove a
operation of the development; or component that is integral to the development
f) significantly impacts on traffic flow and the Complies – The proposed amendments will not result in
transport network, such as increasing traffic to any additional impacts not already addressed as part of
the site; or the original approval
g) introduces new impacts or increase the severity of Complies – The proposed amendment will not result in
known impacts; or increased severity of known impacts.
h) removes an incentive or offset component that Complies – the proposed change does not remove any
would have balanced a negative impact of the incentive or offset component of the proposed
development; or development.
i) impacts on infrastructure provisions. Complies – the proposed minor change does not result in
any adverse impacts on infrastructure provisions.
Table 2 – Substantially different criteria (Schedule 1 – Development Assessment Rules)
Affected Entities
Not applicable
Summary
As demonstrated above, the proposed minor change to the existing development approval represents a minor change
under s78 of the Planning Act 2016 and Schedule 1 of the Development Assessment Rules, as the proposed change does
not result in ‘substantially different development’, require any additional referral agencies, nor changes the level of
assessment in the event that the application was to be re-lodged including the change.
The applicable application fee for a minor change to a development approval – minor matters is $2617.00 in accordance
with Council’s fees and charges register 2024/2025. This fee will be paid upon receipt of Council’s payment advice.
JFP Ref: M1717P Page 8
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In support of our request, please find enclosed the following:
Attachment A: DA Form 5
Attachment B: Owner’s Consent
Attachment C: Site plan
Attachment D: Shed location
Attachment E: Building plans and elevations
Attachment F: Approved Plans
We look forward to receiving Council’s changed approval package for the application. Should you require any clarification
on any of the above issues please do not hesitate to contact me.
Yours faithfully,
TIMOTHY BALCOMBE
SENIOR URBAN PLANNER
JFP URBAN CONSULTANTS
CC/- Country Club Living Pty Ltd
JFP Ref: M1717P Page 9
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