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7190526 Ozcare Noosa Minor Change Application · 132001.210127.4

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Minor Change Application
100 Cooyar Street, Noosa Heads QLD 4567

Lot 9 on RP225312

Submitted to Noosa Shire Council
On behalf of Ozcare




                                          Prepared by Ethos Urban
Full text of the other 13 pages

Page 2

‘Gura Bulga’                                          ‘Dagura Buumarri’                                     ‘Gadalung Djarri’
Liz Belanjee Cameron                                  Liz Belanjee Cameron                                  Liz Belanjee Cameron

‘Gura Bulga’ – translates to Warm Green ‘Dagura Buumarri’ – translates to Cold                              ‘Gadalung Djarri’ – translates to Hot Red
Country. Representing New South Wales. Brown Country. Representing Victoria.                                Country. Representing Queensland.



Ethos Urban acknowledges the Traditional Custodians of Country
throughout Australia and recognises their continuing connection
to land, waters and culture.

We pay our respects to their Elders past, present and emerging.

In supporting the Uluru Statement from the Heart, we walk with
Aboriginal and Torres Strait Islander people in a movement of the
Australian people for a better future.




Contents




Contact:                                Ashley Everton                           [email protected]
                                        Director                                 0423741892

This document has been prepared by:                                              This document has been reviewed by:



TH                                      25/07/2024                               AE                                       28 July 2024

Version No.                             Date of issue                            Prepared by                              Approved by

1.0                                     28/07/2024                               TH                                       AE

Reproduction of this document or any part thereof is not permitted without written permission of Ethos Urban Pty Ltd. Ethos Urban operates under a Quality
Management System. This report has been prepared and reviewed in accordance with that system. If the report is not signed, it is a preliminary draft.


                    Ethos Urban Pty Ltd | ABN 13 615 087 931 | Sydney NSW | Melbourne VIC | Brisbane QLD | ethosurban.com




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1.0        Introduction ..................................................................................................................................................................... 5

2.0        Existing Approval ........................................................................................................................................................... 5

3.0        Proposed Change ........................................................................................................................................................... 6

3.1        Overview ........................................................................................................................................................................................................................ 6

3.2        Condition Amendment(s).................................................................................................................................................................................. 8

3.3        Approved Drawings and Documents........................................................................................................................................................ 9

4.0        Minor Change Assessment .........................................................................................................................................11

4.1        Planning Act 2016 ................................................................................................................................................................................................... 11

4.2        Development Assessment Rules .................................................................................................................................................................. 11

5.0        Planning Assessment .................................................................................................................................................. 13

5.1        Noosa Plan 2020 ..................................................................................................................................................................................................... 13

5.2        Bushfire Hazard Overlay Code ..................................................................................................................................................................... 14

5.3        Biodiversity Overlay Code ................................................................................................................................................................................ 14

6.0        Conclusion .......................................................................................................................................................................14




Attachments


 Attachment             \Title


      A.                DA Form 5 and owners consent


      B.                Architectural plans




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Application Summary
Table 1 below provides a summary of the proposal.
Table 1        Application Summary

 Application Summary

 Applicant                 Ozcare A.C.N. 072 422 925
                           C/- Ethos Urban
                           Contact: Ashley Everton

 Proposal                  Minor Change to an existing development approval 132001.210127.3

 Site Address              100 Cooyar Street, Noosa Heads QLD 4567

 Lot on Plan               Lot 9 on RP225312

 Site Area                 24,980.07m2

 Zoning                    Community Facilities – Residential Care Facility

 Relevant Overlays         •   Land Subject to Acid Sulfate Soils Overlay
                           •   Biodiversity, Waterways and Wetlands Overlay Map
                                    o    Area Subject to Biodiversity Overlay
                                                  MSES Environmental Values
                                                  Area of Biodiversity Significance
                                    o    Area Subject to Riparian Buffer Overlay
                                                  Riparian Buffer Area
                           •   Bushfire Hazard Overlay Map (OM-BH)
                                    o    Bushfire Hazard
                                                  High Potential Bushfire Intensity
                                                  Medium Potential Bushfire Intensity
                                                  Potential Impact Buffer
                           •   Landslide Hazard Overlay Map (OM-LS)
                                    o    Moderate Hazard Area
                           •   Koala Habitat Area Map (KHA)
                                    o    Locally Refined Koala Habitat Area

 Level of Assessment       Not Applicable

 Public Notification       Not Applicable

 LGIP                      Located within the Priority Infrastructure Area (PIA) & Service Catchment

 State Referral Agencies   Not Applicable




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1.0             Introduction
We write on behalf of our client, Ozcare A.C.N. 072 422 925 (‘Ozcare’), who is the owner and operator of the
Ozcare Noosa Heads Aged Care Facility located at 100 Cooyar Street, Noosa Heads, legally described as Lot 9 on
RP225312 (“the site”).

On the 28th of June 2001 a Development Permit for a Material Change of Use for a Residential Care Facility (130
beds) was issued by Noosa Council. On the 20th of July 2023 a Minor Change to the existing approval was issued
(Council ref 132001.210127.3), approving alterations to the Residential Care Facility. As part of the assessment of
the application the key considerations focused on ecology impacts and bushfire risk.

In accordance with Section 78 of the Planning Act 2016 (“the Act”), this application seeks a minor change to the
approval to change the location of the refuse area, increased access via the roundabout and associated layout
alterations.

As demonstrated in this DA, the change:
•   is a minor change under Schedule 2 of the Act;
•   is not substantially different under Schedule 1 of the Development Assessment Rules (‘the DA Rules’); and
•   continues to comply with the requirements of the Noosa Plan 2020 (“planning scheme”) and the Act.

The relevant town planning provisions have been identified and assessed, and grounds supporting the
application are provided throughout the report. Given the ability for the change application to demonstrate
compliance with the provisions, Council is requested to support the proposal and that the current decision
notice and approval package is reissued to reflect the proposed changes.



2.0             Existing Approval
On the 20th of July 2023 a Minor Change to the existing approval was issued (Council ref 132001.210127.3),
approving alterations to the Residential Care Facility. As part of the assessment of the application the key
considerations focused on ecology impacts and bushfire risk.

At the time of approval Noosa Plan 2020 (25 September 2020) was in effect. The planning scheme has not
change during this time.




Figure 1        Approved Site Plan
Source: Enrich Architecture, 2023




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3.0            Proposed Change
3.1        Overview
Since approval on 20th of July 2023 Ozcare has undertaken further detailed design and identified opportunities to
consolidate the some of the areas of works.

The Site Plan has been updated (refer to Attachment 1) to contain the following modifications on the basis of
detailed design to enhance overall building functionality.

      •   Refuse area now included in service area adjacent to kitchen.
      •   Reduction of built form along the eastern boundary.
      •   Extension of the driveway.
      •   Additional eight (8) car spaces including two (2) disabled parking spaces.
      •   Reconfiguration of the internal communal and administration areas.
      •   Inclusion of Pump House and Water Tanks.
      •   Inclusion of new electrical Mechanical Services Switchboards (MSSB) and Generator House.

All of the changes are generally consistent the overarching scale and intent og existing Ozcare Noosa Heads
Aged Care Facility approval. In particular, these proposed modifications do not alter building height, site cover,
nor the proposed total number of persons on site. The proposed modifications also do not significantly impact
ecology or bushfire risk considerations. A few existing trees are required to be removed to establish the new
water tank, pump house, electrical Mechanical Services Switchboards (MSSB) and generator house, but are
located outside of the Biodiversity overlay. To offset this circumstance, trees located on the northern corner of
the site previously identified to be removed for the refuse storage and turn around area are now being retained
as a result of the proposed changes. The final tree removal, retention and replanting outcome will detailed within
a subsequent Operational Works application.

A minor increase in impervious area is occurring. An updated stormwater management plan will be prepared as
part of a subsequent Operational Works application.

This request is made under section 78 of the Act and is to be administered, assessed, and decided as a ‘minor
change’ in accordance with section 81 of the Act.

Table 1 provides a comparison of the key development statistics of the existing, approved and proposed
development. Table 2 compares the approved and proposed architectural plans, identifying the proposed
changes.

Table 1        Approved and Proposed development statistics
      Development Statistics             Existing                  Approved                     Proposed
 No. of beds                               130                        130                          130
 GFA                                     7,210m2                   10,150m2                     10,237m2
 Impervious area                      13840m2, 55.4%            12,374m2, 49.54%              13765m2 55.1%
 Building height                       Single storey       Two storeys, maximum of     Two storeys, maximum of 9m
                                                           9m Banksia building only,   Banksia building only, and
                                                           and maximum of 8m for       maximum of 8m for other
                                                           other buildings             buildings


 Car parking                                52                        64                           67




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Table 2      Approved Plans and Proposed Plans
 Approved Plans                                  Proposed Plans
 Site Plan




 Ground Floor Plan




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 Approved Plans                                            Proposed Plans




3.2      Condition Amendment(s)
It is acknowledged that the numbering of conditions is required to be amended to reflect the additional
conditions.

Existing Condition 15

Development undertaken in accordance with this approval must generally comply with the approved plans of
development. The approved plans are numbered SK-06, 07 issue B SK-8 & 9 Issue A dated 26/01/2000, SD1 (titled
‘Site Plan’), SD2, SD3, dated July 2005, SD4 dated May 2005 and DA-1 dated September 2005, unless otherwise
superseded by Condition 46 of this approval.

Proposed Condition 15

Development undertaken in accordance with this approval must generally comply with the approved plans of
development.

This condition is proposed to be changed to reflect updated plans.

Rationale

Simplify the condition to simply reference the Approved Plans.



Existing Condition 35

Roof runoff from any new buildings shall be directed to a rainwater storage system or tank (minimum storage
capacity equivalent to 20 litres/m2 of new roof area or greater) that is plumbed to service the toilets in the new
building and landscaping areas. The design of the rainwater storage system shall be to the satisfaction of the
Manager Plumbing Services.




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Proposed Condition 35

Stormwater runoff from the development must be connected to a lawful point of discharge without causing
scour or damage to the subject site or any adjoining properties. The works must be undertaken in accordance
with an Operational Works approval and be generally in accordance with STP Consultants’ Stormwater Layout
Plan (SKC01) dated 21 March 2023 and (SCK02) dated 20 March 2023.

Rationale

Update the condition to reflect current standards and most recent documentation provided.



Existing Condition 36

To ensure that polluted run-off does not enter Council’s stormwater drainage system or nearby creeks,
stormwater run-off from the carparking areas and the driveways shall have the first flush (the first 12 mm of
rainfall or hose-down) collected in a grease/oil arrestor provided on site prior to being permitted to discharge
from the site.

All other clean stormwater, such as roof water, can bypass the grease/oil arrestor.

To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors, which shall be
submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.

The approved maintenance plan shall be incorporated in the Management Plan for the development and a copy
of this shall be provided for Council’s records prior to commencement of the approved Use.

A Development Permit for Building Works shall not be granted until a Development Permit for Operational
Works has been issued in regard to the drainage scheme.

Proposed Condition 36

Refer to condition 58.

Rationale

Condition 58 ensures that pollutants do not exit the site via the stormwater network.



Existing Condition 46

Development authorised by this approval must be undertaken generally in accordance with the Approved Plans
listed in the table below and in conjunction with Condition 15 of this approval.

Proposed Condition 46

Development authorised by this approval must be undertaken generally in accordance with the Approved Plans
listed in the table below and in conjunction with Condition 15 of this approval..

This condition is proposed to be changed to reflect updated plans.

3.3         Approved Drawings and Documents
The approved drawings and documents conditioned as part of the change application are illustrated in Table 4
below. As a result of this change application, the table of approved documents will be required to be updated to
reflect the amended plans and documents. Plans proposed to be removed have been identified in strikethrough
text while new plans are identified in bold text.
Table 3       Approved Drawings and Documents
 Plan No.                  Rev   Plan/Document Name                                                    Date
 1907NOO_                  J     Proposed Site Plan, prepared by Enrich Architecture                   01/07/2024
 PD_A_002.0                O     Site Plan, prepared by Enrich Architecture
 DD_A_002.0
 1907NOO_                  F     Proposed Overall Ground Floor Plan, prepared by Enrich Architecture   19/06/2023
 PD_A_003.1
 1907NOO_DD_A_015          D     Ground Floor Plan, prepared by Enrich Architecture                    01/07/2024



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1907NOO_               F   Proposed Ground Floor Plan, prepared by Enrich Architecture             05/03/2024
PD_A_011
1907NOO_               F   Proposed First Floor Plan, prepared by Enrich Architecture              19/06/2023
PD_A_012
1907NOO_               A   Proposed Acacia Wing Refurb., prepared by Enrich Architecture           19/06/2023
PD_A_014
1907NOO_               F   Site Sections and Elevations, prepared by Enrich Architecture           19/06/2023
PD_A_250
1907NOO_               E   Banksia Wing Elevations, prepared by Enrich Architecture                19/06/2023
PD_A_310
1907NOO_               E   Administration & Communal Area Elevations, prepared by Enrich           19/06/2023
PD_A_311                   Architecture
1907NOO_               G   Tree Removal Plan, prepared by Enrich Architecture                      19/06/2023
PD_A_001.2
1907NOO_DD_A_EW203.2   B   External Works Plan Region 2, prepared by Enrich Architecture           01/07/2024
1907NOO_DD_A_EW203.6   B   External Works Plan Region 6, prepared by Enrich Architecture           01/07/2024
01737 LC_01            B   Landscape Site Plan, prepared by View Landscape Architecture            March 2023
01737 LC_02            B   Landscape Concept Plan, prepared by View Landscape Architecture         March 2023
01737 LC_03            B   Landscape Detailed Concept Plan, prepared by View Landscape             March 2023
                           Architecture
01737 LC_04            B   Suggested Planting Character, prepared by View Landscape Architecture   March 2023




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4.0            Minor Change Assessment
An assessment of the proposal against the relevant planning legislation below demonstrates that the proposal
constitutes a minor change.

4.1          Planning Act 2016
Schedule 2 of the Act provides criteria for determining whether a change is a minor change. The criteria and
comments are included in Table 5 below.
Table 4        Minor Change Under the Planning Act 2016

  Criteria                                      Comment

  Minor change means a change that -
  a)   for a development approval -

 i.    would not result in substantially        The proposed changes do not result in substantially different development.
       different development; and               The uses and key development statistics have not substantially changed. Refer
                                                to Table 6 below.

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              The proposed changes do not involve the inclusion of prohibited development.
       development in the application; or

  B.   referral to a referral agency if there   The proposed changes do not result in referrals to additional referral agencies.
       were no referral agencies for the
       development application.

  C.   referral to extra referral agencies,
       other than the chief executive.

  D.   a referral agency, in assessing the
       application under section 55(2), to
       assess the application against, or
       have regard to, a matter, other
       than a matter the referral agency
       must have assessed the
       application against, or had regard
       to, when the application was
       made; or

  E.   public notification if public            The proposed changes do not alter the category of assessment.
       notification was not required for
       the development application

Source: Planning Act 2016


4.2          Development Assessment Rules
Table 6 below identifies the criteria for ‘substantially different development’ as defined in Schedule 1 of the
Development Assessment Rules (DA Rules), pursuant to section 68 of the Act.
Table 5        Substantially Different Development Under the DA Rules

  Criteria                                      Comment

  A change may be considered to result in a substantially different development if any of the following apply to the
  proposed change:

  a)   involves a new use; or                   The proposed change does not involve a new use.

  b)   results in the application applying      The proposed change does not result in the application applying to a new
       to a new parcel of land; or              parcel of land.




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 Criteria                                     Comment

 c)   dramatically changes the built          The proposed changes do not dramatically alter the built form in terms of
      form in terms of scale, bulk and        scale, bulk and appearance. Whilst minor changes are proposed to reduce
      appearance; or                          built form along the eastern boundary of the site, no other built form changes
                                              are proposed.

 d)   changes the ability of the proposed     The proposed change does not change the ability of the proposal to operate as
      development to operate as               Intended. The modifications are proposed on the basis of detailed design to
      intended; or                            enhance overall building function. The development continues to be provided
                                              with all essential services and facilities.

 e)   removes a component that is             The proposed change does not remove a component that is integral to the
      integral to the operation of the        operation of the development. The proposed changes involve adding services
      development; or                         and facilities to the development to enhance overall building functionality.



 f)   significantly impacts on traffic flow   The proposed change does not significantly impact on traffic flow or the local
      and the transport network, such as      road network. The proposed changes increase the efficiency of the car park
      increasing traffic to the site; or      through extending the driveway and incorporating an additional eight (8) car
                                              spaces including two (2) disabled parking spaces. No changes to the scale and
                                              intensity of the approved development are proposed. Further, no changes to
                                              the approved land uses are proposed.

 g)   introduces new impacts of               The proposed change does not introduce new impacts or increase the severity
      increases the severity of known         of the known impacts of bushfire hazard and biodiversity.
      impacts; or


 h)   removes an incentive or offset          The proposed change does not remove an incentive or offset component that
      component that would have               would have balanced a negative impact of the development.
      balanced a negative impact of the
      development; or

                                              The proposed change does not impact upon infrastructure provisions.
 i)   impacts on infrastructure
      provisions.

Source: DA Rules




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5.0            Planning Assessment
Table 7 below provided an assessment against section 81 of the Act.
Table 6        Assessment Against Section 81 of the Act

 Matters                                                        Comment

 Matters that must be considered by the responsible entity

 (2)(a)    the information the applicant included within the    Please see all information that was submitted with this change
           application.                                         application.

 (2)(b)    any properly made submissions about the              Not applicable
           development application that was approved.

 (2)(c)    any pre-request response notice or response          Not applicable
           notice given in relation to the change
           application.

 (2)(d)    if the responsible entity is, under section          The responsible entity is not the Minister
           78A(3), the Minister – all matters the Minister
           would or may assess against of have regard to,
           if the change application were a development
           application called in by the Minister.

 (2)(da)   if paragraph (d) does not apply—all matters the      Please refer to the planning scheme assessment provided
           responsible entity would or may assess against       below.
           or have regard to, if the change application were
           development application.

 (e)       another matter the responsible entity
           considered relevant.

 (4)       The statutory instrument, or other document, as
           in effect when the development application for
           the development approval was properly made.

 Matters that may be given weight to

 (5)(a)    the statutory instrument or other document as        Please refer to the planning scheme assessment provided
           in effect when the change application was            below.
           made.

 (5)(b)    if the statutory instrument or other document is     It is not expected that there will be changes introduced to
           amended or replaced after the change                 statutory instruments after this Change Application is lodged.
           application is made but before it is decided—
           the amended or replacement instrument or
           document.

 (5)(c)    another statutory instrument that comes into
           effect after the change application is made but
           before it is decided and that the responsible
           entity would have been required to consider if the
           instrument had been in effect when the
           development application for the development
           approval was properly made.
Source: Planning Act 2016


5.1        Noosa Plan 2020
Under section 81(4) of the Act the responsible entity must consider the planning scheme, as in effect when the
DA for the approval was properly made. A Change (Minor) Application was lodged on the 28th of June 2023
(Council ref: 132001.210127.3) and assessed against the relevant provisions of the Noosa Plan 2020 (effective from
25 September 2020).




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Page 14

Under section 81(5) of the Act the responsible entity may consider the planning scheme in effect when the
change application is made. At the time this change application is made, the Noosa Plan 2020 is still in effect. As
such, if the change was lodged as a new DA, the following assessment benchmarks would apply:
      •   Bushfire Hazard Overlay Code
      •   Biodiversity Overlay Code

Provisions of the above benchmarks which are relevant to the proposal are outlined below.

5.2        Bushfire Hazard Overlay Code
The proposed modifications do not impact bushfire hazard considerations. The proposal does not alter building
height or site cover, nor does not increase the number of persons on-site exposed to bushfire hazard risk. The
development currently implements an existing Bushfire Hazard Assessment and Management Plan which can
be found in.

5.3        Biodiversity Overlay Code
The proposed modifications also do not significantly impact ecology considerations. A few existing trees are
required to be removed to establish the new water tank, pump house, electrical Mechanical Services
Switchboards (MSSB) and generator house, but are located outside of the Biodiversity Overlay.

To offset this circumstance, trees located on the northern corner of the site previously identified to be removed
for the refuse storage and turn around area are now being retained as a result of the proposed changes. The final
tree removal, retention and replanting outcome will be detailed within a subsequent Operational Works
application.



6.0           Conclusion
This minor change application has demonstrated that the proposal can be assessed pursuant to Schedule 2 of
the Act and complies with the relevant assessment criteria prescribed under Section 81 of the Act.

The proposal involves minor modifications to the layout of small portions of the approved Ozcare Noosa Heads
Aged Care Facility extensions. This comprises a change in the location of the refuse area, increased access via the
roundabout and associated layout alterations.

It is requested that Council consider our request and issue an amended approval within the appropriate
timeframes.




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