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PR132938_161208_FINAL- s369_PermissibleChangeRequest · 132008.1128

Attached to the e-mail 132008.1128.01 Request to change and extend development approval - - Grasstree Court, Sunrise Beach.

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Our Ref: PR132938
Your Ref: 132008.1128
Date:     8 December 2016


Noosa Shire Council
PO Box 141
TEWANTIN QLD 4565

Via:      Email ([email protected])


Dear Sir/Madam,

RE:       SUSTAINABLE PLANNING ACT 2009
          SECTIONS 383 AND 369 – REQUEST TO CHANGE AND EXTEND DEVELOPMENT
          APPROVAL
          GRASSTREE COURT, SUNRISE BEACH QLD 4567
          LOT 6 ON RP901384 AND LOT 9 ON SP252905

We act for Blue Care regarding a Development Approval issued by Sunshine Coast Council (the
Assessment Manager) on 20 December 2011 under the Sustainable Planning Act 2009 (the Act)
over the above property.

The Decision Notice approved the following aspects of development:

 Development Permit for a Material Change of Use for Multiple Housing – Type 3 Retirement &
  Special Needs; Commercial Business – Type 2 Medical and Wellbeing – Type 1 Health; and
 Development Permit for Reconfiguring a Lot (1 into 2 lots).

The Development Approval took effect on 19 December 2011. The ‘relevant period’ for this
approval is six (6) years in accordance with Condition 8 of the approval. Accordingly, the
approval is due to lapse on 19 December 2017.

This application seeks an extension to the relevant period for a further four (4) years in
accordance with Section 383 of the Act.

Given the relevant period is stated in Condition 8, we also seek a Request to Change
Development Approval, being Condition 8, in accordance with Section 369 of the Act.

1.0 Grounds for Extension to the Relevant Period
As Council will be aware in reviewing this request, the variety of land uses and scale of the
development approved result in a complex development to deliver. Given Blue Care is committed
to providing the appropriate levels of service to their customers, the development did not proceed
through the period affected by the Global Financial Crisis (GFC).

Blue Care (an agency of Uniting Care) is Queensland’s leading provider of aged care living, in
home care, respite care and retirement living. They operate in over 80 communities in
Queensland and northern NSW and have 260 centres across the state. With over 11,000 care
providers (staff and volunteers) they assist more than 13,000 people per day in Queensland.
Blue Care is committed to delivering services that are non-discriminatory and available to all
Full text of the other 10 pages

Page 2

members of the community regardless of socio-economic, ethnic, religious or spiritual
background.

Blue Care remains committed to the delivery of this project and are in the process of reviewing
the Master Plan to ensure it remains relevant to the market. However, much of the relevant
period for this project coincided with the financial constraints that occurred globally and Blue
Care opted to prioritise smaller projects that could continue to service the needs of the
community and existing customers.

To enhance their care services in the community over the last 5-7 years, Blue Care was
successful in receiving significant Commonwealth Government funding to provide a range of new
services / facilities in Queensland and the Northern Territory, the latter through its Australian
Regional and Remote Community Services (AARCS) program which is administered through
Blue Care. Funding was received for new Community Care facilities in Coomera, Gatton,
Goondiwindi, Toowoomba and Longreach as well as Mutitjulu Aged Care facility (Northern
Territory), Terrace Gardens Aged Care Facility (NT) and Star of the Sea Aged Care Facility
(Thursday Island). This has enabled Blue Care to prioritise its operations and funding capability
during the GFC whilst still meeting the growing care needs for regional and remote communities.
As a result, Blue Care was unable to commit funding to commence the development of the
Sunrise Beach project.

Blue Care is dedicated to delivering this project having already committed substantial money into
the project. Blue Care enacted the subdivision component of the development approval in buying
existing Lot 9 on SP252905 from the Sunshine Coast Regional Council for over $6 million.

As mentioned above, Blue Care is working through the Master Plan with a view to delivering the
project. To this end, the provision of an extension of time to the relevant period will provide Blue
Care with the certainty to continue with the refinement of the Master Plan and the staged delivery
of the project.

2.0 Planning Provisions (State and Local) Considerations
Given the period of time that has elapsed, an assessment of the current planning legislative
framework relevant to the subject site has been undertaken to demonstrate that the proposal, as
approved, continues to be consistent with the intention for the land and the extension to the
relevant period is appropriate.

We note that subsequent amendments to The Noosa Plan 2006 have included changes to the
Eastern Beaches Locality – Community Services Zone level of assessment to ensure Multiple
Housing Type 3 (Retirement and Special Needs) is Code Assessable where specifically situated
in Grasstree Court, and Impact Assessable otherwise.

The enacted subdivision ensures that several of the significant ecological constraint areas of the
original site have been subdivided off into a separate lot (Lot 1 on SP239726) which is now
owned by Noosa Shire Council. The enacted subdivision ensures that the site’s most significant
habitats (in Lot 1 on SP239826) are retained, and will act as a buffer to the nearby Noosa
National Park.

Notwithstanding this, the subject site (particularly Lot 9 on SP252905) remains constrained by
ecological values and bushfire hazard mapping. As a result, Ecological Advice and a Bushfire
Hazard Assessment has been prepared to support this request to ensure the planning provisions
relevant today are being addressed appropriately and the proposal still adequately mitigates
impacts and risks associated with these two elements.



PR132938: Sections 383 and 369 – Request to Change and Extend Development Approval            Page 2

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   Comparative Table of Planning Provisions in place when DA was issued (2008) and in
                                         2016.
 State Planning Provisions
                  2008               2016                                Comments
 South East       Urban Footprint    Urban Footprint                     The developable area of the site
 Queensland                                                              has always been situated in the
 Regional                                                                Urban Footprint of the Regional
 Plan                                                                    Plan.

 State Koala      Urban Koala        Koala Assessable Development        Koala legislation has changed since
 Mapping          Area and Koala     Area                                the original development approval.
                  Sustainability     Low Value Bushland                  The requirements of the SPRP
                  Area                                                   include:
                                     Low Value Rehabilitation
                  (Nature                                                   To the extent the premises is
                                     (South East Queensland Koala
                  Conservation                                               inside the Urban Footprint, site
                                     Conservation State Planning
                  (Koala)                                                    design must avoid clearing non-
                                     Regulatory Provisions)
                  Conservation                                               juvenile koala habitat trees in
                  Plan 2006 and                                              areas of bushland habitat, with
                  Management                                                 any unavoidable clearing
                  Program 2006-                                              minimised and significant
                  2016)                                                      residual impacts
                                                                             counterbalanced under the
                                                                             Environmental Offsets Act 2014.
                                                                         The existing approval states that:
                                                                             Any operational works
                                                                              application must detail the
                                                                              clearing procedures and
                                                                              address any relevant Koala
                                                                              clearing guidelines or
                                                                              regulations
                                                                             Any new fencing to common
                                                                              boundaries with adjoining
                                                                              residential allotments or the
                                                                              Sunrise Beach shops shall be
                                                                              of timber construction or
                                                                              incorporate timber koala poles
                                                                              of at least 200mm diameter at
                                                                              maximum centres of 10 metres.
                                                                             Landscaping to the internal
                                                                              portions of the development
                                                                              site. Ensure koala sensitive
                                                                              design including koala food
                                                                              trees.

 Regional         Regional           Broad Vegetation Groups             Refer to Ecological Advice –
 Ecosystems       Ecosystem           Other coastal communities or      Appendix B.
                  Details for          heaths (28-29b)
                  12.2.9 and
                                     Pre-clearing Regional
                  12.2.13:
                                     Ecosystems / Remnant 2013
                   12.2.9: Least    Regional Ecosystems
                    concern, no
                                      Endangered – Dominant
                    biodiversity
                                       vegetation 12.2.13/12.2.9
                    concern at
                    present,          12.2.9: Least concern, no
                    Banksia            biodiversity concern at
                                       present, Banksia aemula low


PR132938: Sections 383 and 369 – Request to Change and Extend Development Approval                    Page 3

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                      aemula low         open woodland on dunes and
                      open               sand plains. Usually deeply
                      woodland on        leached soils, very sparse,
                      dunes and          Noosa National Park
                      sand plains.       protected area.
                      Usually           12.2.13: Of concern,
                      deeply             endangered, open or dry
                      leached soils,     heath on dunes and beaches,
                      very sparse,       Noosa National Park
                      Noosa              protected area.
                      National Park
                      protected
                      area.            Very High Riverine – Sub-
                                       Catchment Significance
                   12.2.13: Of
                    concern,           Threatened and Iconic Species
                    endangered,         Tachyglossus aculeatus
                    open or dry          (Short-beaked echidna)
                    heath on            Allocasuarina emuina (Emu
                    dunes and            mountain sheoak)
                    beaches,
                    Noosa
                    National Park      MSES
                    protected           Wildlife habitat
                    area.               Protected area
                                        Regulated vegetation
                                        High ecological significance
                                         wetlands

 SARA DA          -                    Coastal Zone                       SARA DA Mapping was not
 Mapping                               Koala assessable development       applicable at the time of granting
                                       area (for information purposes     the original development approval.
                                       only)                              Clearing of Category B remnant
                                       Category B regulated vegetation    vegetation is exempt on freehold
                                                                          land in an urban area for an urban
                                       Water resource planning area
                                                                          purpose (e.g. residential, industrial,
                                       boundary
                                                                          sporting, recreational or
                                                                          commercial).

 SPP DA           -                    MSES – Wildlife habitat            SPP DA Mapping was not
 Mapping                               MSES – Regulated vegetation        applicable at the time of granting
                                                                          the original DA.
                                       Climatic regions – stormwater
                                       management design objectives       High Ecological Significance
                                                                          wetlands are no longer referrable to
                                       Flood hazard area – Local
                                                                          the State.
                                       government flood mapping area
                                                                          Refer to Ecological Impact
                                       Bushfire hazard area (Bushfire
                                                                          Assessment – Appendix B.
                                       prone area)

 Applicable        Department         State Assessment Referral          Refer to Ecological Impact
 Referral           of                 Agency (SARA) – Department of      Assessment – Appendix B.
 Agencies           Environment        Transport and Main Roads
                    and Resource       (DTMR) for:
                    Management          Development impacting on
                    (DERM) -             State transport infrastructure
                    Vegetation
                                       Department of Environment and
                    Clearing
                                       Heritage Protection (DEHP) for:
                    (Concurrence
                    )                   Land contaminated because
                                         of unexploded ordnance
                   DERM –



PR132938: Sections 383 and 369 – Request to Change and Extend Development Approval                       Page 4

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                    Koala               (UXO)
                    Conservation
                    (Concurrence
                    )
                   DERM –
                    Wetlands
                    (Advice)
                   DERM –
                    Conservation
                    Estate
                    (Advice)

 Local Planning Provisions
                     The Noosa Plan         The Noosa Plan 2006
                     2006                   (Amendment No. 6 – 28
                     (Amendment No. 1 –     October 2016)
                     3 March 2008)

 Council             Sunshine Coast         Noosa Council                Different local councils due to
                     Regional Council                                    Noosa Council’s de-amalgamation
                                                                         from the Sunshine Coast Regional
                                                                         Council in 2014.

 Level of            IMPACT                 IMPACT – Wellbeing
 Assessment                                 Type 1 Health
                                            IMAPCT – Commercial
                                            Type 2 Medical
                                            CODE – Multiple Housing
                                            Type 3 Retirement and
                                            Special Needs

 Strategic           -                      Neighbourhood Centre /
 Designation                                Urban

 Zoning              Open Space             Community Services
                     Conservation Zone      Zone
                     / Community
                     Services Zone

 Locality            Eastern Beaches        Eastern Beaches Locality
                     Locality

 Overlays /           Biodiversity          Biodiversity Overlay
 Specific              Overlay                (Koala Habitat Area
 Provisions           Natural Hazard:        and Environmental
                       Bushfire & Acid        Protection Area)
                       Sulfate Soils         Natural Hazard:
                       Overlay                Bushfire & Acid
                                              Sulfate Soils Overlay
                                              (Medium Bushfire
                                              Hazard Area and Low
                                              Potential Acid Sulfate
                                              Area 5-20m AHD)




PR132938: Sections 383 and 369 – Request to Change and Extend Development Approval                  Page 5

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 Primary Codes        Residential Uses      Residential Uses Code
                       Code                  Eastern Beaches
                      Eastern Beaches        Locality Code
                       Locality Code         Reconfiguring a Lot
                      Reconfiguring a        Code
                       Lot Code              Landscaping Code
                      Landscaping           Community Uses
                       Code                   Code
                      Community Uses
                       Code

 Secondary            Building Works        Building Works Code
 Codes                 Code                  Driveways and
                      Driveways and          Carparking Code
                       Car Parking           Earthworks Code
                       Code
                                             Erosion and Sediment
                      Earthworks Code        Control Code
                      Erosion and           Existing Services
                       Sediment               Code
                       Control Code
                                             Transport, Roads and
                      Existing Services      Drainage Code
                       Code
                                             Waste Management
                      Transport,             Code
                       Roads and
                                             Water Sensitive
                       Drainage Code
                                              Design Code
                      Waste
                                             Water Supply and
                       Management
                                              Sewerage Reticulation
                       Code
                                              Code
                      Water Sensitive
                       Design Code
                      Water Supply
                       and Sewerage
                       Reticulation
                       Code

 Overlay Codes        Biodiversity          Biodiversity Overlay       Environmental Protection Area is
 (Important Ones       Overlay Code           Code                       retained and conserved in its
 to Note)             Natural Hazards       Natural Hazards            present form or improved to ensure
                       Overlay Code           Overlay Code               its ongoing contribution to the
                                                                         natural resources and biological
                                                                         diversity of the former Noosa Shire.
                                                                         An Ecological Assessment Report
                                                                         must be prepared to demonstrate
                                                                         that flora on the premises does not
                                                                         constitute Environmental Protection
                                                                         Area.
                                                                         No clearing of koala habitat trees
                                                                         greater than 4m in height or with a
                                                                         diameter greater than 100mm at
                                                                         1.3m above the ground.
                                                                         New uses are not sited on land that
                                                                         is - in a Medium Bushfire Hazard
                                                                         Area or the use is sited on land that
                                                                         is determined as low bushfire risk by
                                                                         a site specific bushfire hazard
                                                                         assessment.



PR132938: Sections 383 and 369 – Request to Change and Extend Development Approval                    Page 6

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The above table provides a comparison of the relevant provisions for the site. The table
concludes that the planning provisions of today are generally consistent with those provisions
(90% consistent). We also make further note that where there are legislative changes, these are
generally in favour of the approved development. For example, subsequent amendments to The
Noosa Plan 2006 included changes to the Eastern Beaches Locality – Community Services Zone
level of assessment to ensure Multiple Housing Type 3 (Retirement and Special Needs) is Code
Assessable where specifically situated in Grasstree Court. There are no additional / different
conflicts with the scheme that would warrant a change in Council’s decision.

3.0 Ecological Advice
The existing approval conditions, with respect to ecological / environmental matters, requires the
following documentation to be prepared post-approval:
      Vegetation management plan which is to include details of an offset arrangement,
         identification of cockatoo feed trees and relocation of rare plants; and
      Fauna management plan which addresses management of animals during and post
         clearing, cockatoo trees and koalas and fencing.

The Ecological Advice prepared concludes that the above documents would need to be provided
at the time of lodging Operational Works applications associated with the approval. The
conditions are worded so that the above reports address the ‘relevant / applicable’ requirements
at the time i.e. whichever guidelines are in place at the time of making the operational works
application.

The report concludes that while new legislation would need to be addressed, a general review
does not point to any key concerns for extending the timeframe of the currency for the
development approval and enacting the development approval for the site.

                      Refer to Appendix B – Ecology Advice for further detail.

4.0 Bushfire Hazard Assessment
A Bushfire Constraint Assessment – Peer Review has been undertaken by RPS of the Bushfire
Report prepared by LandGraphics (June 2008) which accompanied the original development
application.

In accordance with the Conditions (Conditions 21-25) contained in the decision notice, an
amended and updated Bushfire Management Plan (BMP) must be prepared and submitted for
approval by DFES / QFRS. Compliance with these conditions will require a new BMP to be
prepared as the LandGraphics Bushfire Assessment was prepared prior to the implementation of
all current legislation (AS3959-2009, Noosa Plan and SPP Natural Hazards) and guidelines.
Notwithstanding, the general content and recommendations contained within the LandGraphics
BPA are considered acceptable and would have satisfied the documents current at the time of
production.

Based on the preliminary slope and vegetation assessment, it is unlikely that a new BMP would
result in any recommendations that would affect the approved layout, however advice regarding
the treatment of the 10m and 20m buffer areas will be provided during the detailed design stage
to ensure these areas separating the development from the adjoining vegetation provide suitable
defendable space to allow emergency service personnel to operate and to reduce the level of
exposure to radiant heat.

              Refer to Appendix C – Bushfire Hazard Assessment for further detail.




PR132938: Sections 383 and 369 – Request to Change and Extend Development Approval          Page 7

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5.0 Proposed Changes to Conditions
The proposed changes to the conditions as a result of the requested extension are set out below:

Condition 8
Condition 8 as approved states as follows:

Relevant Period
The Development Permit for a material change of use of premises lapses if the use has not
commenced within 6 years of the date of this approval (19 December 2017) and the
development, including all works, completed within 8 years of the date of this approval (19
December 2019).

Request for Amended Condition
We request that Condition 8 be amended as to ensure the new approval period is reflected as
follows:

The Development Permit for a material change of use of premises lapses if the use has not
commenced within 4 years of the date of this approval (19 December 2021) and the
development, including all works, completed within 8 years of the date of this approval (19
December 2023).

6.0 Permissible Change Test
It is considered the change to the above condition will satisfy the Permissible Change test as a
consequence of an agreement to extend the relevant period for the Development Approval.

The following table demonstrates that the proposed change(s) meet(s) the permissible change
tests under the Act.

                                 Tests under Section 367 of the Act
Tests                                      Consideration of the proposed change
Where a change to the approval             This request relates only to the extension of the relevant
would not result in a substantially        currency period of the approval. As such, the changes do
different development, or                  not result in a substantially different development.
If the application for the approval        This request relates only to the extension of the relevant
were remade including the change           currency period of the approval. As such, the changes
the application would require              proposed would not result in referral to additional
referral to additional concurrence         concurrence agencies if the application were to be
agencies.                                  remade.
If the application for the approval        The original application was subject to Impact
were remade including the change           Assessment.
for an approval for assessable             Any future proposals on the land for similar purposes
development that previously did not        would be code assessable.
required impact assessment –
require impact assessment.
For an approval that previously            This request relates only to the extension of the relevant
required impact assessment – be            currency period of the approval. As such, it is not
likely, in the Council’s opinion, to       considered that the changes proposed would result in a
cause a person to make a                   person making a submission objecting to the proposed
submission objecting to the                change.
proposed change.
Cause development to which the             The proposed changes do not include any prohibited
approval relates to include any            development.


PR132938: Sections 383 and 369 – Request to Change and Extend Development Approval                 Page 8

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prohibited development.

Further to the above, Statutory Guideline 06/09 – Substantially different development when
changing applications and approvals provides guidance to assist in determining whether a
change may constitute substantially different development and whether a change is therefore a
minor change.

                             Substantially Different Development Test
Substantially Different includes:          Consideration of the proposed changes
Involves a new use with different or       The request to extend the relevant period of the approval
additional impacts                         will not result in any physical changes to the approval
                                           and therefore will not involve a new use with different or
                                           additional impacts.
Results in the application applying        The request to extend the relevant period of the approval
to a new parcel of land                    will not result in any physical changes to the approval
                                           and therefore will not result in the application applying to
                                           a new parcel of land.
Dramatically changes the built form        The request to extend the relevant period of the approval
in terms of scale, bulk and                will not result in any physical changes to the approval
appearance                                 and therefore will not dramatically change the built form
                                           in terms of scale, bulk and appearance.
Changes the ability of the proposal        The request to extend the relevant period of the approval
to operate as intended. For                will not result in any physical changes to the approval
example, reducing the size of a            and therefore will not change the ability of the proposal to
retail complex may reduce the              operate as intended.
capacity of the complex to service
the intended catchment
Removes a component that is                The request to extend the relevant period of the approval
integral to the operation of the           will not result in any physical changes to the approval
development                                and therefore does not involve removing a component of
                                           the development that is integral to the operation.
Significantly impacts on traffic flow      The request to extend the relevant period of the approval
and the transport network, such as         will not result in any physical changes to the approval
increasing traffic to the site             and therefore will not significantly impact on traffic flow
                                           and the transport network.
Introduces new impacts or                  The request to extend the relevant period of the approval
increases the severity of known            will not result in any physical changes to the approval
impacts                                    and therefore will not introduce new impacts or increase
                                           the severity of known impacts.
Removes an incentive or offset             The request to extend the relevant period of the approval
component that would have                  will not result in any physical changes to the approval
balanced a negative impact of the          and therefore will not remove an incentive or offset
development                                component of the original application.
Impacts on infrastructure provision,       The request to extend the relevant period of the approval
location or demand                         will not result in any impacts on infrastructure provision,
                                           location or demand.

In summary, the proposed change to the development approval is considered a Permissible
Change in accordance with the relevant tests under Section 367 of the Act.


7.0 Relevant Entities
In accordance with Section 372 of the Act, a copy of this request will be given to the concurrence


PR132938: Sections 383 and 369 – Request to Change and Extend Development Approval                  Page 9

Page 10

agencies for the original application. At the time of lodging the original development application
(2008), these included:

        Department of Natural Resources and Water
        Environmental Protection Agency

At the time of deciding the application (2011), the State Government departments had changed
and the decision notice reflects this through the only Concurrence Agency applicable as the
Department of Environment and Resource Management.

At the time of making this request, we believe the applicable and corresponding concurrence
agencies to those mentioned above will be as follows:

        Department of Natural Resources and Mines
        Department of Environment and Heritage Protection

As a result, this request will be forwarded through the State Assessment Referral Agency (SARA)
to these departments.


8.0 Supporting Information
In support of this request, please find attached the following supporting information required
under Sections 370 and 371 of the Act:

        Appendix A       Copy of Existing Approval
        Appendix B       Ecological Advice
        Appendix C       Bushfire Hazard Assessment
        Appendix D       Noosa Council Form
        Appendix E       Landowner’s consent
        Appendix F       Copy of correspondence sent to particular entities


9.0 Application Fee
As the application is made by a non-profit organisation, the relevant application fee is $3,076.50
in accordance with Council’s current fee schedule, as calculated below.

 Development Aspect                                                                             Fee
 Request for a permissible change to a
 development approval (More substantial                                                   $3,747.00
 matters)
 Extension to relevant period (More substantial
                                                                                          $2,406.00
 matters)
 Subsidy for Community, Sporting                 and
                                                                                         -$3,076.50
 Religious Organisations (50% Discount)
 TOTAL                                                                                    $3,076.50

We trust this information is sufficient for your purposes. Should you require further details or wish
to discuss these matters, please contact me on (07) 3124 9378 or Penny Cooper on (07) 3124
9371.




PR132938: Sections 383 and 369 – Request to Change and Extend Development Approval            Page 10

Page 11

Yours faithfully,
RPS




CHIARA TOWLER
Planner




PR132938: Sections 383 and 369 – Request to Change and Extend Development Approval   Page 11

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