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Ozcare Noosa Minor Change v1

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Our ref:     7190526
Council ref: 216575 DA




20 December 2022


Kerri Coyle
Manager, Development Assessment
Noosa Shire Council
PO Box 141
Tewantin QLD 4565

By email: [email protected], [email protected]


Dear Kerri,

RE:                REQUEST FOR MINOR CHANGE OF APPROVAL
                   80 COOYAR STREET, NOOSA HEADS, QLD 4564

On behalf of the Applicant; Ozcare A.C.N. 072 422 925, this request is made to Noosa Shire Council (‘Council’)
for a Minor Change of Approval pursuant to section 81 of the Planning Act 2016 (‘the Act’). The request seeks to
modify development approval 216575 DA (‘the approval’), over land located at 80 Cooyar Street, Noosa Heads
Qld 4567, legally described as Lot 9 on RP225312 (‘site’).
The request is supported by:
       •     Attachment 1: DA Form 5 and owners consent
       •     Attachment 2: Architectural plans
       •     Attachment 3: Pre-lodgement advice
       •     Attachment 4: Bushfire management vegetation clearing approval (Ref. RM2022/09056 &
             RM2020/5358)
       •     Attachment 5: Bushfire Hazard Assessment & Management Plan
       •     Attachment 6: Ecology Assessment report
       •     Attachment 7: Civil engineering report and plans
       •     Attachment 8: Survey plan
       •     Attachment 9: Development Approval 216575 DA
       •     Attachment 10: Infrastructure Agreement (draft)
It is demonstrated throughout this request that the proposed change is complies with Noosa Plan 2020 (‘the
planning scheme’) and is considered a minor change to the existing approval consistent with the legislative
meaning.

 Level 4, 215 Adelaide Street, Brisbane       E. [email protected]   T. +61 7 3852 1822   ABN. 13 615 087 931
 (Turrbal, Jagera and Yugara Land) QLD 4000   W. ethosurban.com
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Page 2

1.0 Background
1.1       Approval history
The site has an area of 2.5ha and is occupied by the ‘Ozcare Noosa Heads Aged Care Facility’, a Residential care
facility originally approved by Council in 1996 (ref. 3B-449). A subsequent Development Permit 2001/210127 was
issued on 9 August 2001, which was then changed via development application 216575 DA dated 7 December
2005, refer to Attachment 9. This application seeks to make a minor change to development approval 216575 DA.
It is noted that the majority of works proposed as part of this application are occurring over the existing aged care
facility building footprint, with a small extension to south that is occurring within the ‘future expansion area’
identified on the 216575 DA approved site plan, refer to Figure 1 and Figure 2.




                                                                               216575 DA Future
                                                                               Expansion Area




Figure 1 - 216575 DA Approved plan




Figure 2 - 216575 DA Future Expansion Area overlayed on proposed site plan


1.2       Bushfire management early works
The site is immediately bordered to the north-east and south by the Girrween Nature Refuge described as Lot 1 on
SP 239726. On 7 June 2022, Council’s Environment and Sustainable Development division issued approval
RM2022/09056 to undertake bushfire management clearing within parts of Lot 1 on SP 239726 (refer to
Attachment 4) as depicted in Figure 3, comprising of:



80 Cooyar Street, Noosa Heads | 216575 DA | 7190526                                                                     2

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     a) north-eastern boundary: maximum total width of 20m comprising 15m as a Fire Access Trail / Fuel Free
        Zone width and 5m Fuel Reduction Zone width.
     b) south-eastern boundary: maximum total width of 15m comprising a 15m Fuel Free Zone.
Glossy Black Cockatoo feed trees, namely She-Oaks, have been retained within these areas as part of the
approved works.




Figure 3 - Approved bushfire vegetation management area
RM2022/09056 & RM2020/5358 decision notice


The bushfire management clearing on Lot 1 on SP 239726 was finalised on 8 November 2022 together with other
works on the subject site (refer to exemptions listed within section 2.6 of this letter), refer to Figure 4 pre-clearing
and Figure 5 post clearing conditions and the resulting survey attached as Attachment 8.




80 Cooyar Street, Noosa Heads | 216575 DA | 7190526                                                                        3

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Figure 4 - Pre-clearing site conditions (5 June 2022)       Figure 5 - Post clearing current aerial photograph (24
                                                            November 2022)


A Draft Infrastructure Agreement has been prepared as Attachment 10 stipulating the following requirements for
Ozcare to undertake on behalf of Council on Lot 1 on SP 239726 in perpetuity:
     a) maintain the bushfire management clearing as per approval RM2022/09056 dated 7 June 2022;
     b) construct the access track crossing as illustrated by Figure 6 and included as Attachment 7; and
     c) maintain the access track (including crossing) adjoining the site.




80 Cooyar Street, Noosa Heads | 216575 DA | 7190526                                                                  4

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Figure 6 – Council access track crossing re-construction design



1.3       Pre-lodgement advice
Pre-lodgement advice (refer Attachment 3) was obtained from Kerri Coyle, Manager of Development Services
dated 17 July 2021. Table 1 identifies the pre-lodgement advice received and how it has been incorporated as part
of the application.
Table 1 Pre-lodgement advice
                              Requirement                                        Response

 a)   Temporary Access: Council agrees to the use of Council’s    Noted.
      land (Lot 1 on SP239726) for temporary construction
      access, generally in accordance with the below subject to
      retention of glossy black feed trees. The construction
      access route commences within the Ozcare land (Lot 9 on
      RP 225312) carpark, it then makes its way to the Council
      land access path via an existing driveway next to the
      existing shed (to be removed and replaced with a refuse

80 Cooyar Street, Noosa Heads | 216575 DA | 7190526                                                             5

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      storage and collection area), access to the development
      area is then available via the existing Council access
      path. Construction access will be approved through the
      development application process, no need to contact
      Council’s Property Team separately.




 b)   Application Pathway: Council’s preference is for a             The Girraween Nature Refuge (Lot 1 on SP239726) owned
      development application to be lodged over both the             by Council is in the Environmental Management and
      Ozcare land and Council land to accommodate the                Conservation Zone (Noosa Plan) and SEQ Regional Plan
      bushfire mitigation within the approval – this would require   Regional Landscape and Rural Production Area. It makes
      a Change ‘Other’ Application to development approval           up part of a much larger lot and is constrained by various
      21675 DA dated 7 December 2005, due to the application         local and state environmental overlays (remnant
      applying to a new parcel of land (i.e. the Council land).      vegetation, koala priority area, local refined koala habitat
      The Applicant should contact Denis Wallace (Property           area). The inclusion of this lot within a development
      Advisor, Noosa Council, 5329 6239,                             application will unnecessarily complicates and elevate the
      [email protected]) to arrange the relevant        assessment of the application.
      consent to lodge the application over Council land.
                                                                     Accordingly, this application for Minor Change of approval
      However, if there are any issues with the regional planning    is sought just over the Ozcare land, Lot 1 on RP225312.
      designation of Council’s land and the ability to lodge a       Bushfire management works have already been
      development application, Council will agree to the             undertaken over Council’s land (Lot 1 on SP 239726) in
      preparation of an Infrastructure Agreement, at Ozcare’s        accordance with approval RM2022/09056 (refer to
      expense, that stipulates the requirements of the above –       Attachment 4) and a Draft Infrastructure Agreement has
      this would involve a Minor Change Application to               been prepared as Attachment 10 stipulating the following
      development approval 21675 DA as there would be no             requirements for Ozcare to undertake on behalf of Council:
      new land parcel added to the application, but would still           a) maintain the bushfire management clearing as per
      need to confirm there are no new referral agencies and                  approval RM2022/09056 dated 7 June 2022;
      the proposal meets the test of a minor change.




80 Cooyar Street, Noosa Heads | 216575 DA | 7190526                                                                                 6

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                                                                         b)   maintain the access track (including crossing)
                                                                              adjoining the site; and
                                                                         c)   construct the access track crossing included as
                                                                              Attachment 7.
                                                                     As detailed in section 3.0 of this letter, the proposal
                                                                     complies with the Minor Change of Approval and
                                                                     substantially different development criteria.

 c)   Bushfire Vegetation Management on Council land: Council        The bushfire vegetation management works have been
      agrees in principle to the use of Council land for bushfire    undertaken in accordance with RM2022/09056 (refer to
      vegetation maintenance, maximum total width of 20m             Attachment 4).
      comprising 15m as a fire access trail width and 5m fuel
      reduction zone. The clearing of glossy black cockatoo
      feed trees should be avoided, see further details below.
      The attached RM20205358 Bushfire Vegetation
      Management Conditional Approval requires a further
      application to Council for approval to undertake the
      clearing works prior to the development application being
      lodged to protect existing infrastructure and building works
      on site and people.

            Council’s endorsed Noosa Bushland Reserve
            Strategic Fire management Plan permits a 20m wide
            area in Council’s land comprising 15m as a fire
            access trail width and 5m fuel reduction zone for the
            nursing home.

            This means all vegetation is cleared within the 15m
            Fire Access Trail or the Fuel Free Zone, then 5m Fuel
            Reduction Zone. Fuel Reduction Zone requires
            understorey and mid-storey vegetation removed but
            mature trees(those with stem diameter greater than
            200mm) are retained, lower branches of mature trees
            in this zone should be lift pruned (in accordance with
            AS 4973 - Pruning of Amenity Trees) to 2m above
            ground level to prevent fires moving from ground into
            tree canopy. The below image provides some
            guidance for the Fuel Reduced/Reduction Zone:




            As stated in the FMP, Fire access trails need to be
            well formed (natural surface) drained and works still
            need to achieve biodiversity outcomes. For
            instance, further investigation by the applicant would
            need to be conducted in the northern & southern
            sections with regards to potential glossy black
            cockatoo feed trees and if deemed present retained.

            To properly aid emergency access, piped drainage
            from this development currently hinders vehicle
            throughfare, see below aerial image. It would be

80 Cooyar Street, Noosa Heads | 216575 DA | 7190526                                                                             7

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            beneficial if this infrastructure was extended (or
            removed altogether) to allow complete access.




            Further investigation though is needed at the south
            eastern and northern corners and investigation of
            feed trees for glossy black cockatoos – where feed
            trees exist, clearing should be avoided and where
            necessary fire management mitigation measures
            should be undertaken on the Ozcare site.




80 Cooyar Street, Noosa Heads | 216575 DA | 7190526               8

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2.0 Proposed Change
2.1       Reconfiguration of Beds
Ozcare owns the site and has operated an aged care facility on the premises for more than 20 years. In response
to the COVID-19 global pandemic, Ozcare has re-evaluated its accommodation model to ensure the facility meets
current legislative and market requirements for aged care accommodation, and in particular eliminating shared
bedrooms/ ensuites as an important issue of infection control. The proposed development seeks to remove all
shared double bed rooms, resulting in the same number of overall beds provided on-site but within a single bed /
room configuration.
Accordingly, the proposed changes do not result in a material increase in the intensity of the use occurring on-site,
with no increase in residents or staff.
Table 2 Summary of proposed alterations
                                                          Existing configuration               Proposed configuration

                                                      Wings subject to renovations
 Banksia South                                             5 doubles, 10 singles                       40 singles
                                                                (20 beds)
 Banksia North                                                  13 doubles                             30 singles
                                                                 (26 beds)
 Casuarina                                                 6 doubles, 12 singles            No rooms – proposed community
                                                                (24 beds)                  centre, back-of-house and services
 No. beds                                                        70 beds                               70 beds
                                                  Other wings not subject to renovations
 Acacia                                                         20 singles                      No change - 20 singles
 Eucalyptus                                                     20 singles                      No change - 20 singles
 Darwinia                                                       20 singles                      No change - 20 singles
 No. beds                                                        60 beds                               60 beds

 Total no. beds                                                 130 beds                               130 beds



2.2       Extensions
The master planning exercise requires small extensions to the existing building footprint to consolidate and
rationalise the location of residential rooms, services and administration areas on-site. The intent is to improve the
overall amenity and operation of the facility, while not increasing the number of persons residing on-site. It is also
proposed to replace the existing single level Banksia North and Banksia South wings with a double storey
configuration, consistent with Performance Outcome PO17 of the Community Facilities Zone Code. The proposed
extensions are occurring within the south-east portion of the site and can not be seen from any public vantage
point.
Although the building footprint is slightly extending to the south, the overall impervious area site cover of the
development is reducing from 13,516m2 or 54.1% currently, to 13,449m2 or 53.8% proposed. The minor extension
in building footprint to the south is occurring within the ‘Future Expansion Area’ shown on with original approved
plans, refer to Figure 1, Figure 2 and Attachment 9. Accordingly, the proposed extension in accordance with
anticipated future works identified by approval 216575 DA.
Pursuant to Schedule 1 of the Development Assessment Rules’ definition of ‘substantially different development’,
the proposed changes do not result in a ‘dramatic change’ to the built form of the development in terms of scale,
bulk and appearance, and are consistent with the expectations expressed within the planning scheme and existing
approval 216575 DA.




80 Cooyar Street, Noosa Heads | 216575 DA | 7190526                                                                             9

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2.3       Stormwater
A civil engineering report prepared by STP Consultants (Attachment 7) confirms that the site has adequate on-site
detention to accommodate the development. It is noted by engineers that the development does not result in
increased impervious area. On a site greater than 2,500m2, proposed works that do not result in greater than 25%
of the site area do not require stormwater quality management under the State Planning Policy (SPP).
The site’s lawful point of discharge point is to the eastern boundary, adjacent to the wetlands within the Girraween
Nature Refuge. Stormwater currently discharges into an open drainage culvert. It is proposed to construct a
drainage crossing over the lawful point of discharge to manage the impact of the stormwater discharge upon the
wetland ecology. Please refer to civil engineering drawings (Attachment 6) detailing the drainage crossing.


2.4       Access and Servicing
The existing access arrangement from Cooyar Street is not proposed to change. The number of carparking spaces
is not changing, as there is no proposed increase in the number of beds or staff occurring on-site, albeit some car
parking areas have been reconfigured. The refuse storage and collection area has been moved closer to the
access point to reduce potential conflict with pedestrians and light vehicles within the site. The new refuse area
provides adequate space to undertake manoeuvring to allow the refuse vehicle to enter and exit the site in a
forward gear.
Pursuant to Schedule 1 of the Development Assessment Rules’ definition of ‘substantially different development’,
the proposed changes do not result any impacts to the transport network or an increase in traffic to the site.


2.5       Bushfire Risk
Although the planning scheme and SPP mapping identify parts of the site being subject to bushfire hazard, this
mapping is out of date due to bushfire management clearing that has been undertaken recently pursuant to
approval RM2022/09056 (refer to Attachment 4), refer to Figure 4, Figure 5 and section 1.2 of this letter, which
will be maintained in accordance with the Draft Infrastructure Agreement attached as Attachment 10, involving:
      a) north-eastern boundary: maximum total width of 20m comprising 15m as a Fire Access Trail / Fuel Free
         Zone width and 5m Fuel Reduction Zone width.
      b) south-eastern boundary: maximum total width of 15m comprising a 15m Fuel Free Zone.
These works, together with the construction of access track crossing (refer to Attachment 7), and ongoing
maintenance provides a community benefit for the management of bushfire hazard risk to the local public.
The development does not increase the number of persons on-site exposed to bushfire hazard risk and has /
seeks to implement measures to mitigate bushfire hazard risk in accordance with the bushfire management
clearing that has been undertaken recently and the assessment included within the attached Bushfire Hazard
Assessment & Management Plan (Attachment 5).
The development is in accordance with Performance Outcome PO1 and Acceptable Outcomes AO1.1 and AO1.2
of the Bushfire Hazard Overlay Code of the planning scheme as the proposal does not increase the number of
people living within a medium or high bushfire hazard area, and the proposed building design, siting and mitigation
measures have been proposed to achieve an acceptable level of risk. The development complies with Acceptable
Outcome AO7(c) of the Bushfire Hazard Overlay Code satisfying the BAL 29 setback requirements. An assessment
of the Bushfire Hazard Overlay Code is included within the attached Bushfire Hazard Assessment & Management
Plan.
Furthermore, the development generally complies with the ‘Natural hazards, risk and resilience state interest –
Bushfire Example planning scheme assessment benchmarks’ and ‘Natural hazards, risk and resilience - Bushfire
State Planning Policy – state interest guidance material’, with the resulting separation distance significantly
improving the previous situation (i.e. through recent fire break management).




80 Cooyar Street, Noosa Heads | 216575 DA | 7190526                                                                10

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The assessment undertaken within the Bushfire Hazard Assessment & Management Plan concludes that “Overall,
the development proposed for the site, in combination with the recommendations referenced herein, is deemed
suitable with respect to providing a reasonable level of protection for people and property within the site”.
Pursuant to Schedule 1 of the Development Assessment Rules’ definition of ‘substantially different development’,
the proposed changes do not introduce new impacts or increase the severity of known impacts beyond the
acceptable criteria identified within the aforementioned assessment benchmarks. It should also be acknowledged
that the existing site / use is already subject to bushfire hazard and the proposed development including the
bushfire management clearing that has been undertaken reduces the extent of bushfire risk. It should also be noted
that the bushfire management clearing undertaken and proposed construction of the access track crossing on
Council’s land results in a benefit to the wider community and emergency services.



2.6       Ecology
The site is mapped containing local and state biodiversity interests as depicted by Figure 7 and Figure 8
respectively, which illustrate that the existing building footprint is already located within these mapped areas and
only a small number of trees are required to be removed as part of the proposed development, which for the most
part is occurring within the existing disturbed areas and the building footprint of the current aged care facility.
The Ecology Assessment Report attached as Attachment 6 has been prepared that identifies that the extent of
works is occurring in areas of the site that have been previously modified, and no conservation significant flora
specifies, on ground remnant regional ecosystems, or Threatened Ecological Communities under the EPBC will
be impacted by the works. The proposed works will require the removal of approximately 8 black she-oaks, but
given the abundance of feed trees within the locality this is considered highly unlikely to impact the viability of the
local glossy black cockatoo population.
The extent of vegetation to be impacted by the proposal could currently be cleared under existing local and state
governments exemptions for the purpose of bushfire management:
• ‘Exempt clearing’ as defined under the Noosa Plan 2020;
• Schedule 6 section 20A of the Planning Regulation 2017;
• Schedule 7 sections 12 and 13 of the Planning Regulation 2017;
• Schedule 21 of the Planning Regulation 2017; and
• ‘Exempt clearing work’ as defined under the Schedule 24 of the Planning Regulation 2017.
Nonetheless, a Vegetation and Fauna Management Plan will be prepared within a subsequent Operational Works
application for vegetation clearing, and planting occurring as part of the future landscaping will offset impacts to
vegetation. An assessment of the Biodiversity Overlay Code is included within the Ecology Assessment Report
demonstrating compliance.




80 Cooyar Street, Noosa Heads | 216575 DA | 7190526                                                                       11

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Figure 7 – Noosa Plan 2020 Biodiversity Overlay Mapping




Figure 8 – State interests mapping




80 Cooyar Street, Noosa Heads | 216575 DA | 7190526       12

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Furthermore, pursuant to the Schedule 10 of the Planning Regulation 2017 (‘the regulation’) the development does
not trigger referral to the chief executive:
• Schedule 10, Part 3 ‘Clearing Native Vegetation’, Division 4, Table 2 – the development for a minor change for a
  material change of use is assessable, the site contains Category B least concern regional ecosystem vegetation
  but the site is less than 5ha in area.
• Schedule 10, Part 10 ‘Koala Habitat in SEQ Region’, Division 4, Table 2 – the development for a minor change
  for a material change of use is assessable, the site contains Locally Refined Koala Habitat Area but is not
  located within a Koala Priority Area, the clearing occurring within the KHA accounts for an area of 427m2 and
  noting that the mapped area does not contain koala habitat trees. The clearing is exempt development under
  Item K of the Exempted Development definition contained within Schedule 24 of the Planning Regulation 2017
  which allows for a one-off clearing exemption of up to 500m2 of mapped KHA. It is also noted clearing can be
  undertaken for exempt bushfire management purposes under Schedule 6 of the Regulation.
Pursuant to Schedule 1 of the Development Assessment Rules’ definition of ‘substantially different development’,
the proposed changes do not introduce new impacts or increase the severity of known impacts in regard to
vegetation removal and impacts biodiversity values of the site, where acknowledging that the original development
required the removal of vegetation, the proposal requires a relatively low value trees to be removed in an already
modified area, and any impacts can be offset within replanting to detailed within a subsequent Operational Works
application.




80 Cooyar Street, Noosa Heads | 216575 DA | 7190526                                                              13

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3.0 Minor Change Test
The Act defines a ‘minor change’ as per the following in accordance with Schedule 2:
   minor change means a change that—
          (b) for a development approval—
               (i)        would not result in substantially different development; and
               (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 development in the application; or
                             (B) referral to a referral agency, other than to the chief executive, if there were no referral
                                 agencies for the development application; or
                             (C) referral to extra referral agencies, other than to the chief executive; or
                             (D) a referral agency to assess the application against, or have regard to, matters prescribed
                                 by regulation under section 55(2), other than matters the referral agency must have
                                 assessed the application against, or have had regard to, when the application was
                                 made; or
                             (E) public notification if public notification was not required for the development application.
The proposed changes have been assessed against the criteria for a ‘minor change,’ as defined under Schedule 2
of the Act, and further described below:


       (i) The proposed change to the development application will not result in a substantially different
           development
Schedule 1 of the Development Assessment Rules describes the circumstances of ‘substantially different
development’. The proposed change has been assessed against the relevant criteria for ‘substantially different
development’ as outlined below:
Table 3         Substantially different development test
                  Criteria                                                   Demonstrated Compliance

 (a) Involves a new use.                       The change to the approval does not involve a new use.

 (b) Results in the application                The application does not apply to a new parcel of land.
     applying to a new parcel of
     land.                                     The bushfire management clearing over Lot 1 on SP 239726 (Attachment 4) and
                                               works contained within the Draft Infrastructure Agreement (Attachment 10) are
                                               occurring separately to the minor change application as per the pre-lodgement advice
                                               (Attachment 3) and have been provided for information purposes only as part of this
                                               application.

 (c) Dramatically changes the                  The change to the approval does not result in a dramatic change in the appearance of
     built form in terms of scale,             the existing built form, please refer to section 2.2 of this letter. The majority of the
     bulk and appearance.                      proposed works are occurring within the existing building footprint occurring on-site. It
                                               is also proposed to replace the existing single level Banksia North and Banksia South
                                               wings with a double storey configuration, consistent with Performance Outcome PO17
                                               of the Community Facilities Zone Code. The proposed extensions are occurring within
                                               the south-east portion of the site and can not be seen from any public vantage point.
                                               Although the building footprint is slightly extending to the south, the overall impervious
                                               area site cover of the development is reducing from 13,516m2 or 54.1% currently, to
                                               13,449m2 or 53.8% proposed. The minor extension in building footprint to the south is
                                               occurring within the ‘Future Expansion Area’ shown on with original approved plans,
                                               refer to Figure 1, Figure 2 and Attachment 9. Accordingly, the proposed extension in



80 Cooyar Street, Noosa Heads | 216575 DA | 7190526                                                                                     14

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                                               accordance with anticipated future works identified by approval 216575 DA and the
                                               expectations of the planning scheme.

 (d) Changes the ability of the                The change does not alter the operation of the aged care facility, which will continue
     proposal to operate as                    to provide care for the same number of residents.
     intended.

 (e) Removes a component that                  The change does not remove a component that is integral to the operation of the
     is integral to the operation of           development.
     the development.

 (f)   Significantly impacts on                The development does not result in a change in resident or staff numbers and does
       traffic flow and the transport          not alter the access arrangements.
       network, such as increasing
       traffic to the site.

 (g) Introduces new impacts or                 The change to the approval does not result in new impacts or increased the severity
     increased the severity of                 of known impacts, please refer to sections 2.5 and 2.6 of this letter. The proposed
     known impacts.                            development including bushfire management clearing works will reduce the extent of
                                               bushfire hazard risk posed to the residents on-site and the local community, and
                                               construction of the access track crossing will improve the ability for emergency
                                               services to respond to threats of bushfire.
                                               It is noted that the existing site and aged care facility is subject to ecological values
                                               and bushfire hazard, and to establish the original facility on-site (and subsequent
                                               extensions) vegetation clearing has occurred. The works are occurring within an
                                               existing disturbed area and considered to be of limited ecological value, and any
                                               removal of trees can be offset by planting to be detailed within a subsequent
                                               Operational Works application.
                                               The development is not increasing the number of residents or staff occurring on-site,
                                               so therefore isn’t increasing the number of persons subject to bushfire risk. Bushfire
                                               management clearing has been undertaken in accordance with Council’s approval
                                               RM2022/09056 (refer to Attachment 4) and a crossing will be constructed within
                                               Council’s land (refer to Attachment 7 and Attachment 10). These measures will
                                               reduce the severity of impacts from bushfire hazard on the site and surrounding area,
                                               and ensure that emergency services are better able to move along the bushfire
                                               access track located within Lot 1 on SP 239726.

 (h) Removes an incentive or                   The change does not remove an incentive or offset component of the approval.
     offset component that would
     have balanced a negative
     impact of the development.

 (i)   Impacts on infrastructure               The change will not impact upon infrastructure provisions.
       provisions.



       (ii) If the application, including the change, were made when the change is made would not cause:
               a. the inclusion of prohibited development in the application
The development including the proposed change does not involve prohibited development.


        (B) referral to a referral agency, other than to the chief executive, if there were no referral agencies
            for the development application
Please refer to section 2.6 of this letter that identifies exemptions in which bushfire management clearing can be
undertaken, and that the proposed change does not result in referral to a referral agency being required.
It is noted that the original approval was granted under superseded legislation / planning scheme, and the Planning
Bill 2015 Explanatory Notes provides guidance in regard in interpreting related section 80 of the Planning Act 2017
regarding affected entities, and that changes in planning instruments or law should prevent a minor change
occurring:



80 Cooyar Street, Noosa Heads | 216575 DA | 7190526                                                                                        15

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      “The clause does not prevent a change being made simply because a change to a planning instrument or law
      would now require the development application as it was originally made to include prohibited development,
      additional referral or public notification.”


        (C) referral to extra referral agencies, other than to the chief executive.
As discussed in (B) above, there are no referrals triggered by proposed change.


        (D) a referral agency to assess the application against, or have regard to, matters prescribed by
            regulation under section 55(2), other than matters the referral agency must have assessed the
            application against, or have had regard to, when the application was made.
The original approval did not involve referral agencies. As noted above under (B) and (C) above, this proposal
does not trigger referral to new agencies.


                   i. public notification if public notification was not required for the development application.
The original development application (216575 DA) where incorporating the proposed change would not trigger an
increase in the level of assessment of requirement for public notification. This proposal would otherwise trigger
code assessable development under the current planning scheme and likewise does not require public notification.



3.1       Requested Amendments to Approval Package
In accordance with section 81 of the Act, this request seeks a minor change to development approval 216575 DA
to modify approved plans to reflect the proposed changes. Accordingly, we also seek that the conditions of
approval are updated to reflect the proposal plans.

 Plan/document title                                  Reference number   Prepared by           Plan/doc date

 Site Plan                                            DA – 1             Andrew Hillhouse      September 2005
                                                                         Architect

 Site Plan                                            SD 1               Andrew Hillhouse      September 2005
                                                                         Architect

 Proposed Site Plan                                   PD_A_002.0 E       Enrich Architecture   14/01/22

 Floor Plan                                           SD 2               Andrew Hillhouse      September 2005
                                                                         Architect

 Floor Plan                                           SD 4               Andrew Hillhouse      September 2005
                                                                         Architect

 Proposed Overall Site Plan                           PD_A_003.1 C       Enrich Architecture   16/02/22

 Proposed Ground Floor Plan                           PD_A_011 C         Enrich Architecture   16/02/22

 Proposed First Floor Plan                            PD_A_012 C         Enrich Architecture   16/02/22

 Elevations                                           SD 3               Andrew Hillhouse      September 2005
                                                                         Architect

 Site Sections & Elevations                           PD_A_250 D         Enrich Architecture   28/01/22




80 Cooyar Street, Noosa Heads | 216575 DA | 7190526                                                              16

Page 17

 Banksia Wing Elevations                              PD_A_310 C       Enrich Architecture      24/01/22

 Administration & Communal Area                       PD_A_311 C       Enrich Architecture      24/01/22
 Elevations


Condition 1
The temporary emergency vehicle access, located on Council land, that runs past the Noosa Heads Police Station
to the rear of the St Vincent De Paul site - is permitted to be utilised until the Manager of Land Development
advises in writing that “the access is to discontinue”.
After which advice, emergency vehicles shall gain access to the south east corner of the site internally in
accordance with proposal plan PD_A_002.0 E, dated 14/01/22, as submitted by Enrich Architecture - except as
modified herein.


Condition 2
The proposed alignment of the emergency vehicle access (as shown on proposal plan PD_A_002.0 E, dated
14/01/22, as submitted by Enrich Architecture), shall be realigned to minimise the destruction of existing vegetation.
In this regard, the emergency vehicle access shall be at least 3 metres from the front boundary and at least 1
metres from the side boundary. The existing vegetation shall be supplemented (where necessary), to ensure the
buildings and the emergency vehicle access are visually screened from Cooyar Street.
Plans and specifications for these works shall be prepared and submitted to Council for Operational Works
approval and the cost of constructing the internal emergency vehicle access shall be at no cost to Council.


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, prepared by
Enrich Architecture and as may be amended by these conditions.


Condition 23
As it is proposed to modify the existing internal roundabout to enable the construction of the new Low Care Wing,
the redundant part of the driveway/roundabout shall be removed and densely revegetated. In addition the northern
leg of the roundabout (which will now only provide access to the existing maintenance shed) shall be appropriately
sign posted and line-marked to encourage vehicles to travel around to the right rather than into the maintenance
area. These works shall clearly be shown on the plans submitted for Operational Works approval.


Condition 26
As a result of the proposed extension three (3) existing delivery spaces (adjacent to the existing service yard) will
be removed and in this regard a minimum of two (2) new delivery spaces shall be provided in the new service yard.
The delivery spaces shall be at least 3.5m wide by 6.5m long and these spaces shall be located outside of the
refuse truck turning area. The 2 delivery spaces shall be provided adjacent to one another and at the northern end
of the refuse truck turning area.
To enable efficient use of these 2 delivery spaces appropriate signage shall be installed to limit delivery parking to
a maximum time of 30 minutes.
To this end, the proposed service yard shall be modified to not only cater for a Council refuse vehicle, but to also
cater for small delivery vehicles that frequent the site.




80 Cooyar Street, Noosa Heads | 216575 DA | 7190526                                                                    17

Page 18

Condition 27
Revised plans of the service yard demonstrating compliance with the above conditions shall be submitted to the
Council for approval prior to obtaining a Development Permit for Operational Works.


Condition 28
Carparking shall be provided within the site as generally shown on drawing PD_A_002.0 E, dated 14/01/22, as
submitted by Enrich Architecture, except as modified herein.



4.0 Conclusion
This request for a minor change application should be supported as:
• The proposed change meets the criteria applicable to making a Minor Change application to a development
  approval, and more particularly the changes will not result in substantially different development.
• The proposed change does not materially increase the intensity of the use occurring on site as there is no
  increase in the number of residents or staff occurring on-site.
• The proposed change and associated bushfire management clearing reduces the risk of bushfire hazard to the
  site. The bushfire management clearing and construction of the access track crossing on Council’s land also
  reduces bushfire risk to the broader locality and improves access for emergency services, resulting in a
  community benefit.
• The conversion of existing shared double bed rooms to single bed / room configurations responds to current
  legislative and market requirements for aged care accommodation, and in particular eliminating shared
  bedrooms/ ensuites as an important issue of infection control in response to the COVID-19 pandemic.
• The proposed alterations are largely occurring within the existing building footprint of the existing facility, results
  in a decrease in the overall impervious area site cover, the proposed extensions are occurring within the ‘Future
  Expansion Area’ shown on with original 216575 DA approved plans, and the new double storey configuration of
  the Banksia North and Banksia South wings are consistent with the building height expectations stated within
  Performance Outcome PO17 of the Community Facilities Zone Code.
• Any loss of trees can an adequately offset by planting to detailed within a subsequent Operational Works
  Application.


If you have any queries regarding this matter, please do not hesitate to contact the undersigned.
Yours sincerely,




……………………………
Ashley Everton
Associate Director, Planning
Ethos Urban
Ph. 0423 741 892
E. [email protected]




80 Cooyar Street, Noosa Heads | 216575 DA | 7190526                                                                    18

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