Minor Change Report 51987.2966.05

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

APPLICATION DETAILS
Application No.	51987.2966.05
Development Approval	Town Planning Consent for 25 Rural Tourist Villas, 2 Manager’s Residences & Community Hall (Lot 0, 1 & 2)
Applicant	Brian Robert Williams
Request Received On	29 September 2021
Report Reviewed By	Kerri Coyle

PROPERTY DETAILS
Property Address	Lakelands Resort 2/396 Lake Cooroibah Rd Cooroibah
RP Description	GTP 1928, Lot 2 GTP 1928
Land Area	15934.71 m2
Existing Use of Land	Lot 0 - treatment plant Lot 1 – cabins and ancillary buildings Lot 2 - sheds

STATUTORY DETAILS
SEQRP Designation	Rural Living Area
Zone	Rural Residential
Precinct	Not applicable
Local Area Plan	Not applicable
Overlays	Acid Sulfate Soils Biodiversity, Waterways and Wetlands – including riparian buffer Bushfire – High Potential and Potential impact buffer Flood Hazard
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval Town Planning Consent (TPC 1903) for 25 Rural Tourist Villas, 2 Manager’s Residences & Community Hall to amend the layout and design of buildings.
The subject application seeks approval to change the development on Lot 2 to reflect the new design and layout. In approving the proposed design, a number of conditions require amendment to indicate the original requirements for Lot 1 remain applicable and new requirements apply to Lot 2. The changes to Lot 2 are as follows:
The managers residence (and reception) has moved a few metres to the west;
The approved self-contained cabins (19 on Lot 2) are proposed to be replaced with 18 self-contained glamping tents comprised of canvas walls and timber platforms;
The proposed layout of the tents focuses around a central oval and swimming pool, rather than the existing rows running east/west;
New shed and swimming pool;
Revised parking area.

The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan

Figure 3 – Floor Plan – Managers residence

Figure 4 – Elevations – Managers residence

Figure 4 – Floor Plan and elevation of glamping tents

Figure 5 – rendering of glamping/safari tents

Figure 6 - Elevation of proposed shed
background
The subject site is located within an existing community titles scheme known as Lakelands Resort situated at 396 Lake Cooroibah Road, Cooroibah. The community title scheme currently comprises two lots and common property. Lot 1 has frontage to Lake Cooroibah and currently contains an existing dwelling and 2 cabins in a vegetated setting. Lot 2 is currently vacant with vegetation generally restricted to the edges of the site.
This application relates to changes proposed to occur only on Lot 2. A development approval for a Town Planning Consent (TPC 1903) for 25 Rural Tourist Villas, 2 Manager’s Residences & Community Hall was approved 20 October 1987 which was over what is now described as Lot 1 & 2.  Refer Figure 7. A number of conditions were imposed including a maximum gross floor area of the villas of 100m2, side boundary setbacks and effluent disposal requirements.
Figure 7 - Approved site plan 1987
A Court appeal judgement in 2007 approved changes to the application (TPC 1903).  This approved an Infrastructure Agreement to allow for the proposed plans to be considered generally in accordance with the approved plan and for a revised effluent disposal system overriding conditions 8 and 9 of the approval (effluent disposal).  Refer Figure 8.

Figure 8 - Approved site plan 2007
The site was subsequently subdivided by GTP1928 with the first stage of the development partially completed on Lot 1 GTP1928 and some works undertaken on the Common Property (Lot 0 GTP1928).
A minor change for Lot 2 was submitted in 2019 with insufficient information provided. That application was subsequently returned.
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; and
The Noosa Plan 2020.
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 it relates to an approved use and the scale of the development has less of a footprint than what is 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 matters 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 original application appears to have been lodged and approved under the 1985 Schedule to the Planning Scheme. The 1985 Schedule provides limited assessment benchmarks for tourist accommodation in the area and the proposed changes to do not alter the approved use of the site. The proposed changes are considered to be consistent with the original approval. The Noosa Plan 2020 provides the site with a Rural Residential zoning. The proposed use of the site for tourist cabins could be defined under the Noosa Plan 2020 as Tourist Park.
Change to layout and buildings
The existing approval provided for 25 cabins, 6 of which have been constructed on Lot 1.  The approval allows for 19 self-contained cabins at 100m2 each with 2 bedrooms and a media room and 3 external decks.
The proposal is to substitute the cabins for 18 self-contained glamping tents, studio style with the plans showing one bed at 44m2 gross floor area, with 1 deck approximately 14.7m2 in size.  It is noted although they have a bathroom, no full kitchen is provided, instead a bench/coffee making area is available in each tent.
The tents are on timber platforms that are approximately 400 – 600 mm above natural ground level which will be supported by steel or concrete posts.
The proposed changes provide smaller and more lightweight structures on the site and each with less beds resulting in a reduction of visitors expected to the site than under the existing approval.
The revised layout locates the glamping tents in the cleared areas of the site away from environmental corridors and existing watercourses, where structures are sited around a recreational area that includes a pool. No vegetation will be cleared to site buildings.  This change is supported which will require amendment to Condition 2.
Existing Condition 2:
The Plans submitted for Building Approval are to comply with the following requirements:-
(a) gross floor area of the villas are not to exceed 100m2;
(b) side boundary setbacks of the villas are to be not less than 10m.
Proposed Condition 2:
Approved Plans
2.	The Plans submitted for Building Approval are to comply with the following requirements:-
(a) 	gross floor area of the villas (Lot 1) are not to exceed 100m2;
(b)	the gross floor area of the tents (Lot 2) is to be generally in accordance with Safari Tent Seringeti-12 approved plan prepared by Brian Williams and layout in accordance with Overall Site Plan DD01;
(c) 	side boundary setbacks of villas, tents and structures are to be not less than 10m; and
(d)	Development undertaken in accordance with this approval must generally comply with the approved plans of development for Lot 2. The approved plans for Lot 2 are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DD01	L	Overall Site Plan, prepared by Ecolibrium (as annotated by council)	26-05-2021
A102	-	Floor Plan, Managers Residence and office, project no. 141KR	19-07-2021
A103	-	Elevation Plan, Managers Residence and office, project no. 141KR	19-07-2021
A107	-	3D Views, project no. 141KR	19-07-2021
A108		Section, project no. 141KR	19-07-2021
-	-	Proposed Storage Shed (Best Sheds)	-
-	-	Shed size and layout (Best Sheds)	-
-	-	Proposed Glamping Tents (rendering)	-
-	-	Safari Tent Seringeti-12 (layout and elevations), prepared by Brian Williams	July 2021

Existing Condition 3:
The minimum floor level of all habitable buildings shall be RL3.5 AHD. Such floor level is to be achieved by buildings being constructed on suitably designed piled foundations.
No general filling of the site shall be permitted. Minor earthworks are required to be carried out below the 3.0m contour to improve the existing poor drainage in the area.
Any filling or other development work undertaken on the site shall be carried out so as to not cause ponding of water on any adjoining lots or the blockage or interference with any natural watercourses.
Council has updated their flood model a number of times since the original approval was issued and the nominated floor level may not be relevant to new construction. It is recommended that Condition 3 be reworded as follows:
3.	The minimum floor level of all habitable buildings shall be RL3.5 AHD or the minimum floor level indicated on a Flood Search obtained from Council at the time of the construction of the specific building. Such floor level is to be achieved by buildings being constructed on suitably designed piled foundations.
No general filling of the site shall be permitted. Minor earthworks are required to be carried out below the 3.0m contour to improve the existing poor drainage in the area.
Any filling or other development work undertaken on the site shall be carried out so as to not cause ponding of water on any adjoining lots or the blockage or interference with any natural watercourses.

Stormwater
Each cabin will have a water tank. The applicant has supplied a geotechnical investigation report with specific reference to on site infiltration specific to Lot 2.  A change to Condition 4 is required accordingly.
Existing Condition 4:
Stormwater, including that from roofed and paved areas, is to be disposed of on-site so as to cause no scouring or damage to adjoining properties to the standards and requirement of the Shire Engineer
The process for assessing and approving stormwater plans for developments has changed significantly since the original approval. The works are currently assessed and approved through an Operational Works application. It is noted that the proposed development of Lot 2 (the subject site) includes an updated Stormwater Management Plan. It is recommended that Condition 4 be reworded as follows:
4.	Stormwater, including that from roofed and paved areas, is to be disposed of on-site so as to cause no scouring or damage to adjoining properties to the standards and requirement of the Shire Engineer.
The works within Lot 2 must be undertaken in accordance with an Operational Works approval and be generally in accordance with The Site Based Stormwater Management Plan, Revision B prepared by Marshall Civil Engineering dated 2 August 2021.
Existing Condition 5:
The intersection of the proposed internal road with Lake Cooroibah Road is to be constructed to the standards and requirements of the Shire Engineer.
The process for assessing and approving access plans for developments has changed significantly since the original approval. The works are currently assessed and approved through an Operational Works application. It is noted that improvements are required to the existing access to comply with the approval and to cater for the additional traffic created by the development of Lot 2. It is recommended that Condition 5 be reworded as follows:
5.	The intersection of the proposed internal road with Lake Cooroibah Road is to be constructed to the standards and requirements of the Shire Engineer. The works must be undertaken in accordance with an Operational Works approval.

Effluent Disposal
The site has an existing effluent disposal system which requires an upgrade.  There is an existing infrastructure agreement (IA) that facilitated the provision of the initial system which was approved through a court order in 2007 which was constructed on common property (Lot 0).  The system was constructed accordingly.
Existing Conditions 8 & 9 refer to the sewerage treatment plant and correspondence from the Manager of Development Assessment in a letter dated 30 April 2018 reiterated that the IA terms prevail over Conditions 8 & 9 of the development approval.  These conditions were never deleted at the time of the court order and they remain on the approval.  For clarity, it is recommended to include an advisory note in the Decision notice that the IA prevails over Conditions 8 & 9.

Car parking
Existing Condition 11
Provision of at least thirty-one (31) off-street car parking spaces, comprising twenty-seven (27) covered spaces and four (4) uncovered spaces, and access there to which are to be provided with a sealed pavement and designed, drained, constructed and maintained in accordance with the Town planning Scheme, Council’s policies and to the reasonable satisfaction of the Shire Engineer. Plans and specifications for these works are to be submitted to the Shire Engineer for approval in conjunction with the Building Application.
The layout as indicated on Drawing No N117 2B is to be amended to provide a sealed manoeuvring area for each carparking space to enable the cars to leave the parking area in a forward direction and the uncovered spaces are to be located near the manager’s residences and kept available for visitors to the site.

Existing Condition 11 seeks provision of 31 car spaces (27 covered and 4 uncovered) that is shared across Lot 1 & 2.  The approved plans show 8 spaces allocated on Lot 1 & 17 spaces on Lot 2, totalling 25 spaces.
The proposed car spaces shown on the site plan on Lot 2 is 22 spaces – all uncovered, including 1 PWD.  Noosa Plan 2020 requires 1 car space per tent site.  There are 18 tents proposed and 1 managers residence and therefore complies with the parking numbers under the existing approval and Noosa Plan. The proposed tents are only 1 bedroom, as opposed to the approved 2 bedroom and 1 studio per cabin.  Therefore, a total of 22 car parks is deemed suitable for the intended use of Lot 2.
Existing condition 11 specifies that 27 of the car spaces need to be covered.  The proposal does not specify if the applicant intends to cover the spaces and it is noted that Noosa Plan does not specify that the car parks need to be covered. Discussions with the Development Assessment Manager concluded that it is not necessary to require more structures on a site, which is intended to be low key in terms of built form. Therefore, it is recommended to remove reference to covered spaces as this is not detrimental to the operation of the development.
Accordingly, existing Condition 11 is recommended to be amended as follows:
11.	Provision of at least thirty (30) off-street car parking spaces, comprising twenty two (22) spaces for Lot 2 and (eight) 8 spaces for Lot 1, and access there to which are to be provided with a sealed pavement and designed, drained, constructed and maintained in accordance with the Town planning Scheme, Council’s policies and to the reasonable satisfaction of the Shire Engineer. Plans and specifications for these works are to be submitted to the Shire Engineer for approval in accordance with an Operational Works approval.
The layout for Lot 2 is generally as indicated on Drawing n. DA003-COL issue F by Mode Design for Lot 1 and DD01 Rev L dated 26-05-2021 for Lot 2 and is to provide a sealed manoeuvring area for each carparking space to enable the cars to leave each lot and the site in a forward direction.

Landscaping
It is important to note that some vegetation on site, particularly along the western boundary was impacted by bushfires in 2019. A small portion on the southern part of Lot 2 is located in the riparian buffer area.  The applicant has supplied a rehabilitation plan that details planting in the riparian zone. Existing Condition 12 will be amended to include reference to this plan and updated to reflect current times. Landscaping is to be in accordance with an Operational works approval.

Existing Condition 12:
The open space and setback areas are to be landscaped in accordance with the Noosa Design Manual and a properly prepared landscaping plan to be submitted to and approved by the Shire Planner, prior to the issue of a Building Approval.  Such landscaping is to be completed in the accordance with an approved landscaping plan, prior to the premise being occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire Planner. Existing trees are to be retained except where they impeded building operations or the conduct of the approved use.

Proposed Condition 12:
12.	The open space and setback areas are to be landscaped in accordance with the Noosa Design Manual and specifically for Lot 2 in accordance with PSP2 – Landscaping in Noosa Plan and concept plans Riparian Zone Site Plan, Riparian Zone Planning Strategy and Vegetation Rehabilitation Planting Schedule and Performance Criteria, prepared by Environmental Landscape Planning dated 02/2022. A properly prepared landscaping plan to be submitted in accordance with an Operational Works approval, prior to the issue of a Building Approval for the tents on Lot 2.  Landscaping is to be planted in accordance with the approval prior to the occupation of the glamping tents.  All landscaping is to be maintained at all times across the site thereafter to the reasonable satisfaction of the Council. Existing trees are to be retained except where they impeded building operations or the conduct of the approved use. If existing trees are required to be removed a report by a suitably qualified person must be submitted to Council and approved prior to removal.

Signage
Existing Condition 13 refers to policy that is no longer current and it is proposed to update this to refer to Council’s existing policy (currently a local law).  It reads as follows:
Any advertising sign or device is to comply with the provisions of the Noosa Design Manual.

It is recommended to amend Condition 13 as follows:
13.	Any Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Bushfire
The Bushfire Hazard Assessment recommends all structures are setback a minimum of 9.9 metres from the western boundary to achieve a bushfire attack level of 29. All tents and structures are setback at least 10 metres from the western boundary.  The bushfire management plan also recommended a list of species that are suitable along the western boundary of the site that are more suitable adjoining hazardous vegetation. A new Condition 21 will be included that ensures the development is constructed in accordance with the Bushfire Hazard assessment.

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Co-ordinator, Engineering
Senior Environment Officer
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. 51987.2966.05, to make a minor change to an existing approval for Town Planning Consent situated at Lakelands Resort 396 Lake Cooroibah Rd Cooroibah with regard to Lot 2 GTP 1928, Council on 29 August 2022 decided to:
A.	Approve the change.
B.	Amend conditions 2, 3, 4, 5, 11, 12 & 13 to read as follows:
Approved Plans
2.	The Plans submitted for Building Approval are to comply with the following requirements:-
(a) 	gross floor area of the villas (Lot 1) are not to exceed 100m2;
(b)	the gross floor area of the tents (Lot 2) is to be generally in accordance with Safari Tent Seringeti-12 approved plan prepared by Brian Williams and layout in accordance with Overall Site Plan DD01;
(c) 	side boundary setbacks of villas, tents and structures are to be not less than 10m; and
(d)	Development undertaken in accordance with this approval must generally comply with the approved plans of development for Lot 2. The approved plans for Lot 2 are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DD01	L	Overall Site Plan, prepared by Ecolibrium (as annotated by council)	26-05-2021
A102	-	Floor Plan, Managers Residence and office, project no. 141KR	19-07-2021
A103	-	Elevation Plan, Managers Residence and office, project no. 141KR	19-07-2021
A107	-	3D Views, project no. 141KR	19-07-2021
A108		Section, project no. 141KR	19-07-2021
-	-	Proposed Storage Shed (Best Sheds)	-
-	-	Shed size and layout (Best Sheds)	-
-	-	Proposed Glamping Tents (rendering)	-
-	-	Safari Tent Seringeti-12 (layout and elevations), prepared by Brian Williams	July 2021
3.	The minimum floor level of all habitable buildings shall be RL3.5 AHD or the minimum floor level indicated on a Flood Search obtained from Council at the time of the construction of the specific building. Such floor level is to be achieved by buildings being constructed on suitably designed piled foundations.
No general filling of the site shall be permitted. Minor earthworks are required to be carried out below the 3.0m contour to improve the existing poor drainage in the area.
Any filling or other development work undertaken on the site shall be carried out so as to not cause ponding of water on any adjoining lots or the blockage or interference with any natural watercourses.
4.	Stormwater, including that from roofed and paved areas, is to be disposed of on-site so as to cause no scouring or damage to adjoining properties to the standards and requirement of the Shire Engineer.
The works within Lot 2 must be undertaken in accordance with an Operational Works approval and be generally in accordance with The Site Based Stormwater Management Plan, Revision B prepared by Marshall Civil Engineering dated 2 August 2021.
5.	The intersection of the proposed internal road with Lake Cooroibah Road is to be constructed to the standards and requirements of the Shire Engineer. The works must be undertaken in accordance with an Operational Works approval.
11.	Provision of at least thirty (30) off-street car parking spaces, comprising twenty two (22) spaces for Lot 2 and (eight) 8 spaces for Lot 1, and access there to which are to be provided with a sealed pavement and designed, drained, constructed and maintained in accordance with the Town planning Scheme, Council’s policies and to the reasonable satisfaction of the Shire Engineer. Plans and specifications for these works are to be submitted to the Shire Engineer for approval in accordance with an Operational Works approval.
The layout for Lot 2 is generally as indicated on Drawing n. DA003-COL issue F by Mode Design for Lot 1 and DD01 Rev L dated 26-05-2021 for Lot 2 and is to provide a sealed manoeuvring area for each carparking space to enable the cars to leave each lot and the site in a forward direction.
12.	The open space and setback areas are to be landscaped in accordance with the Noosa Design Manual and specifically for Lot 2 in accordance with PSP2 – Landscaping in Noosa Plan and concept plans Riparian Zone Site Plan, Riparian Zone Planning Strategy and Vegetation Rehabilitation Planting Schedule and Performance Criteria, prepared by Environmental Landscape Planning dated 02/2022. A properly prepared landscaping plan to be submitted in accordance with an Operational Works approval, prior to the issue of a Building Approval for the tents on Lot 2.  Landscaping is to be planted in accordance with the approval prior to the occupation of the glamping tents.  All landscaping is to be maintained at all times across the site thereafter to the reasonable satisfaction of the Council. Existing trees are to be retained except where they impeded building operations or the conduct of the approved use. If existing trees are required to be removed a report by a suitably qualified person must be submitted to Council and approved prior to removal.
13.	Any Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
C.	Include the following additional Condition 21 relating to Lot 2:
With respect to Lot 2, the development must developed in accordance with the Bushfire Hazard Assessment, prepared by Rob Friend and Associates Pty Ltd dated 2 April 2019.
D.	Include new Advisory Note as follows:
1.	Please note there is an Infrastructure agreement that relates to the Effluent Disposal System.  This prevails over Conditions 8 & 9 of the approval.

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LEGEND
EXISTING DENSE VEGETATIO
OPEN GRASSED AREA
@ EXISTING MAJOR TREES
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COVERED CARPARKS