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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.
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
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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
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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
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Yours faithfully, RPS CHIARA TOWLER Planner PR132938: Sections 383 and 369 – Request to Change and Extend Development Approval Page 11
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