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Planning Report · MCU15/0111.01

Attached to the e-mail Change to existing approval MCU15/0111.01.

of 5

Text shows just the words. Original shows the document exactly as it was published.

28 October 2016
Palm Lake Works
PO BOX 10470
Southport BC
QLD4215

Chief Executive Officer
Noosa Council
PO BOX 141
Tewantin
QLD 4565

MCU15/0111 & REC15/0031

Dear Sir/Madam

         REQUEST TO CHANGE A DEVELOPMENT APPROVAL UNDER SECTION 369 OF THE SUSTAINABLE
         PLANNING ACT 2009 FOR MATERIAL CHANGE OF USE - MULTIPLE HOUSING TYPE 3 – RETIREMENT
         & SPECIAL NEEDS AND RECONFIGURATION OF A LOT FOR A BOUNDARY REALIGNMENT (4 LOTS INTO
         3) AT 2-4 LAMONTS ROAD AND 19 TRADING POST ROAD, COOROY – LOT 1 & 2 ON RP165418 AND
         LOT 1 & 4 ON RP215922

On behalf of Walter Elliott Holdings Pty Ltd this written request under section 369 of the Sustainable Planning
Act 2009 (SPA) proposes changes to the above mentioned Development Approval.

 ATTACHMENTS

Please find attached herewith:

Attachment A – Council Form
Attachment B – Referral Notice

 FEE

 Development                              Fee Rate              Fee
 Request for a permissible                Minor matters         $ 1,656.00
 change to a development                  (as
 approval, request for a Pre-             determined by
 Request Response Notice and              Manager,
 Conversion Application                   Planning &
                                          Environment)
 TOTAL                                                          $ 1,656.00

 SUMMARY OF CHANGES

The purpose of this request is to defer the trigger for completion or lodgement of works from Stage 1A to
Stage 2.


                                                                                                                           Page 1 of 5
         Palm Lake Works | Southport Central Tower 3, 9 Lawson Street, Southport QLD 4215 | PO Box 10479, Southport BC QLD 4215
                            P (07) 5552 1300 | W www.PalmLakeResort.com.au | W www.PalmLakeCare.com.au
                       Palmlake Works Pty Ltd trading as Palm Lake Works | ACN 095 986 119 | ABN 14 095 986 119
Full text of the other 4 pages

Page 2

 CHANGE TO CONIDITONS

CONDITION 8 STAGING

Condition 8 currently reads:
   8. The development may be staged in accordance with the approved plan titled “Staging Plan” CO-000-
      2014 Sheet 02/02 Revision H dated 13 November 2015 (as annotated by Council) and as follows:-
       8.1.       The following works shall be undertaken and completed prior to the commencement of use
                  of Stage 1a:
              8.1.1   All roadworks on the Main Road of Cooroy Connection Road (Elm Street) including the
                      upgrading works for the road intersections with Pearsons Road and Lamonts Road,
                      linemarking and pedestrian refuge crossing, as required by conditions of this approval.
              8.1.2   All frontage works including footpaths and landscaping for Trading Post Road, Pearson
                      Road and Elm Street as required by conditions of this approval.
              8.1.3   A Bus stop and shelter on the eastern side of Elm Street as required by conditions of this
                      approval.
              8.1.4   A Bus stop and shelter on the western side of Elm Street as required by conditions of this
                      approval.
              8.1.5   A pedestrian refuge crossing and lighting associated with the bus stop pair on Elm Street.
              8.1.6   All fencing to Trading Post Road and Pearson Road, and all acoustic fencing to Elm Street
                      as required by the approved Acoustic Report.
              8.1.7   Landscaping treatments to open space areas associated with Stage 1a including the
                      establishment and rehabilitation of all detention basins, the establishment of landscaping
                      buffers to site boundaries and adjoining residential properties and street trees.

Condition 8 is to be changed to:

   8. The development may be staged in accordance with the approved plan titled “Staging Plan” CO-000-
      2014 Sheet 02/02 Revision H dated 13 November 2015 (as annotated by Council) and as follows:-

       8.1.       The following works shall be undertaken and completed prior to the commencement of use
                  of Stage 1a 2:
              8.1 All roadworks on the Main Road of Cooroy Connection Road (Elm Street) including the
                  upgrading works for the road intersections with Pearsons Road and Lamonts Road,
                  linemarking and pedestrian refuge crossing, as required by conditions of this approval.
              8.2 All frontage works including footpaths and landscaping for Trading Post Road, Pearson Road
                  and Elm Street as required by conditions of this approval.
              8.3 A Bus stop and shelter on the eastern side of Elm Street as required by conditions of this
                  approval.
              8.4 A Bus stop and shelter on the western side of Elm Street as required by conditions of this
                  approval.
              8.5 A pedestrian refuge crossing and lighting associated with the bus stop pair on Elm Street.
              8.6 All fencing to Trading Post Road and Pearson Road, and all acoustic fencing to Elm Street as
                  required by the approved Acoustic Report.

                                                                                                                          Page 2 of 5
        Palm Lake Works | Southport Central Tower 3, 9 Lawson Street, Southport QLD 4215 | PO Box 10479, Southport BC QLD 4215
                           P (07) 5552 1300 | W www.PalmLakeResort.com.au | W www.PalmLakeCare.com.au
                      Palmlake Works Pty Ltd trading as Palm Lake Works | ACN 095 986 119 | ABN 14 095 986 119

Page 3

            8.7 Landscaping treatments to open space areas associated with Stage 1a including the
                establishment and rehabilitation of all detention basins, the establishment of landscaping
                buffers to site boundaries and adjoining residential properties and street trees.

APPLICANTS JUSTIFICATION

It is acknowledged that a Condition can state that a development may not commence (use) until other
development permits or works are completed. Nonetheless, it is important to understand the practicality of
actually completing the full quantum of works at the first stage of a development.

 SUB-CONDITION                            COMMENT
 All roadworks on the Main Road of Cooroy - This is a concurrence agency matter and does
 Connection Road                             not fall within the proper jurisdictional limits of
                                             Noosa Council functions under the Sustainable
                                             Planning Act 2009 and Sustainable Planning
                                             Regulation 2009. Nevertheless, you are advised
                                             that on the 12 October 2016 an application was
                                             lodged with Main Roads.

                                                                     -    Mains Roads have not conditioned the timing of
                                                                          the road upgrade as there is sufficient capacity
                                                                          in the road network.

 All frontage works including footpaths and                          -    Council has not considered the logical sequence
 landscaping for Trading Post Road, Pearson Road                          of construction whatsoever. Major service
 and Elm Street as required by conditions of this                         infrastructure such as high voltage cable,
 approval.                                                                stormwater, sewer and streetlights are required
                                                                          in the road reserve prior to the footpath being
                                                                          constructed. If the footpath is installed, it will be
                                                                          either damaged or have to be cut out to make
                                                                          way for the services.
 Bus shelters.                                                       -    As mentioned above the application to Main
                                                                          Roads for the bus shelters is afoot. Nevertheless
                                                                          Palm Lake provides a twice daily bus service for
                                                                          residents to take local shopping trips.
 A pedestrian refuge crossing and lighting associated                -    The following is still required to be completed
 with the bus stop pair on Elm Street.                                    for the lighting design:
                                                                               o Analysis of existing lighting in street
                                                                               o Review of existing lighting and
                                                                                   assessment of compliance with
                                                                                   AS/NZS1158
                                                                               o Design of lighting to AS/NZS1158
                                                                               o Design of pedestrian crossing lighting to
                                                                                   AS/NZS1158
                                                                               o Design of reticulation to supply new
                                                                                   lights
                                                                               o RPEQ certification
                                                                               o Obtaining council & DTMR approvals

                                                                                                                          Page 3 of 5
        Palm Lake Works | Southport Central Tower 3, 9 Lawson Street, Southport QLD 4215 | PO Box 10479, Southport BC QLD 4215
                           P (07) 5552 1300 | W www.PalmLakeResort.com.au | W www.PalmLakeCare.com.au
                      Palmlake Works Pty Ltd trading as Palm Lake Works | ACN 095 986 119 | ABN 14 095 986 119

Page 4

                                                                               o    Production of isolux plans and
                                                                                    certificate of compliance
                                                                               o    Liaison with council, DTMR and
                                                                                    Energex, arranging Public Lighting
                                                                                    Supply Agreement
                                                                               o    Obtaining       details     of   existing
                                                                                    underground services for coordination
                                                                                    purposes
                                                                               o    Obtaining details of existing electricity
                                                                                    infrastructure
                                                                               o    Voltage drop and fault loop
                                                                                    calculations, as required
                                                                               o    Preparation of CAD drawings, including
                                                                                    schematics, equipment, civil and cable
                                                                                    schedules (preliminary and detailed
                                                                                    final)
                                                                               o    Preparation      of     lighting  design
                                                                                    certification drawings.
                                                                     -
 All fencing to Trading Post Road and Pearson Road,                  -    The fence will cause serious conflict with service
 and all acoustic fencing to Elm Street as required by                    installation.
 the approved Acoustic Report.
 Landscaping treatments to open space areas                          -    The Basins must remain as sediment and
 associated with Stage 1a including the establishment                     erosion control devices until 80% of the
 and rehabilitation of all detention basins, the                          development is complete. Please refer to
 establishment of landscaping buffers to site                             Condition 67.
 boundaries and adjoining residential properties and                 -    Landscaping will be completed in areas where
 street trees.                                                            construction is finalised.

The following table further identifies Conditions referencing Stage 1a.

 CONDITION REFERENCING STAGE 1A                                     COMMENT
 23, 25, 27, 29, 31, 36, 38 and 41                                  For the reasons made above. Amened Conditions to
                                                                    show Stage 2

ASESSMENT OF CHANGES – SECTION 367 - SUSTAINABLE PLANNING ACT 2009

The following table uses the St ate Guideline to provide an assessment against those circumstances that a
proposed change may result in a substantially different development.

 CIRCUMSTANCE                                                       COMMENT
 Involves a new use with different or additional                    No new uses are proposed.
 impacts.
 Results in the application applying to a new parcel                No new land is included.
 of land.
 Dramatically changes the built form in terms of                    No changes to the built form are proposed
 scale, bulk and appearance.


                                                                                                                          Page 4 of 5
        Palm Lake Works | Southport Central Tower 3, 9 Lawson Street, Southport QLD 4215 | PO Box 10479, Southport BC QLD 4215
                           P (07) 5552 1300 | W www.PalmLakeResort.com.au | W www.PalmLakeCare.com.au
                      Palmlake Works Pty Ltd trading as Palm Lake Works | ACN 095 986 119 | ABN 14 095 986 119

Page 5

 Removes a component that is integral to the                        The change does not remove any component of the
 operation of the development.                                      development. It is intended that the development
                                                                    remain as a retirement community.
 Significantly impacts on traffic flow and the                      The scale of the use is not increased, thus no new
 transport network, such as increasing traffic to the               traffic generation will occur.
 site.
 Introduces new impacts or increases the severity of                The operational characteristics of the use will be
 known impacts.                                                     unaltered. Therefore the impacts of the use are
                                                                    unchanged.
 Removes an incentive or offset component that                      The change does not propose to remove any
 would have balanced the negative impact of the                     component of the development.
 development.
 Impacts on infrastructure provision from a location                The proposed change does not increase the scale or
 or demand.                                                         intensity of the existing use. Therefore, the demand
                                                                    on infrastructure is unchanged.


OTHER ASPECTS OF ASSESSMENT UNDER THE SUSTAINABLE PLANNING ACT 2009

 Section 367(b)(i)      A fresh application would not trigger additional concurrence agencies.

 Section 367(b)(ii)     The original application was impact assessable.

Please do not hesitate to contact me on 5552 1326 or via email [email protected] should you have
questions or queries.

Yours sincerely
Palm Lake Works




Ben Prior
Town Planner




                                                                                                                          Page 5 of 5
        Palm Lake Works | Southport Central Tower 3, 9 Lawson Street, Southport QLD 4215 | PO Box 10479, Southport BC QLD 4215
                           P (07) 5552 1300 | W www.PalmLakeResort.com.au | W www.PalmLakeCare.com.au
                      Palmlake Works Pty Ltd trading as Palm Lake Works | ACN 095 986 119 | ABN 14 095 986 119

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