Pre-Req Response Notice for Permissible Change 131999.982963.6

Officer: 	Jada Lyons
Direct Telephone: 	07 53296527
Our Reference:	131999.982963.6
31 October 2022
Mr IR Wilson & RJ Wilson
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir/Madam,
Pre-Request Response Notice to Proposed Minor Change to Existing Approval Granted by the Planning & Environment Court - Appeal 150 of 2019
I refer to your request received 23 June 2022 for a pre-request response notice in respect of a proposed minor change to an existing approval granted by the Planning & Environment Court. On 27 October 2022, Council completed its consideration of your request.
Please note that this pre-request response does not constitute a minor change to your existing approval. To change your approval, you must make an Originating Application to the Planning & Environment Court.
2.	Development Approval
The following types of development approval have been issued:
A development permit for a material chance of use for:
Bayview Road Houses – Group Housing Development of 6 Dwelling Units;
Angler Street Houses – 2 Dwelling Houses;
Morwong Drive Dwelling Units – 23 Multiple Dwelling Units comprising 13 x 3 bedroom and 10 x 2 bedroom;
Resort comprising:
Resort Residential Buildings – 130 Multiple Dwelling Units comprising:
44 x 2 bedroom units,
41 x 1 bedroom units, and
45 x 2 bedroom units each capable of being used as a one bedroom dwelling unit and a one bedroom accommodation unit;
Resort Central Facilities – Resort reception and administration centre, Function Room, Indoor Entertainment (Conference Centre) but excluding a nightclub, Restaurant, Storage Pool, Tennis Court, Health Spa, Bars and ancillary facilities;
Manager’s Residence – 1 Dwelling Unit used as a manager’s residence;
Poolside Villas – 5 x 3 bedroom Dwelling Units;
Forest Villas – 12 x 1 bedroom Dwelling Units;
Private Open Space – in accordance with the Site Rehabilitation Plan;
Public Open Space,
generally in accordance with the following Drawings, unless otherwise stated in these Conditions:
The Architectural Sketch Drawings prepared by The Buchan Group and the revised plans prepared by Hollingdale Mainwaring listed in the following table:
Drawing No.	Drawing Title	Date
SK 345 Issue E	Amended Site Layout	15 June 2001
SK 202 Issue C	Site Sections A, B & C	January 1999
SK 203 Issue B	Resort Central Facilities - Carparks	January 1999
SK 204 Issue B	Street Treatments	January 1999
SK 205 Issue D	Resort Central Facilities – Lobby Level	January 1999
SK 206 Issue C	Resort Central Facilities – Restaurant Level & Roof	January 1999
SK 207 Issue D	Resort Central Facilities - Elevations	January 1999
SK 208 Issue C	Resort Accommodation Buildings – Plans & Elevations	January 1999
SK 209 Issue D	Resort Accommodation Buildings – Unit Layouts	January 1999
SK 210 Issue C	Resort Accommodation Buildings – Unit Layouts	January 1999
SK 213 Issue D	Forest Villa	30 May 2001
SK 214 Issue A	Resort Health Spa – Plans & Elevations	January 1999
SK 215 Issue A	Angler Street House A – Plans & Elevations	January 1999
SK 216 Issue C	Angler Street House B – Plans & Elevations	January 1999
SK 217 Issue C	Resort Sections 1 & 2	January 1999
SK 218 Issue C	Resort Sections 4 & 5	January 1999
SK 219 Issue B	Resort Section 6	January 1999
SK 221 Issue B	Detached Housing Bayview Road – Lot 1	March 1999
SK 222 Issue B	Detached Housing Bayview Road – Lot 2	March 1999
SK 223 Issue B	Detached Housing Bayview Road – Lot 3	March 1999
SK 224 Issue C	Detached Housing Bayview Road – Lot 4	March 1999
SK 225 Issue C	Detached Housing Bayview Road – Lot 5	March 1999
SK 231 Issue C	Detached Housing Bayview Road – Lot 11	March 1999
SK 234 Issue D	Site Sections 9, 10 & 11	March 2000
SK 304 Issue D	Attached Housing Morwong Street – Ground Floor Plan	December 1998
SK 305 Issue D	Attached Housing Morwong Street – Lower Floor Plan	December 1998
SK 307 Issue E	Attached Housing Morwong Street – West & East Elevations	December 1998
SK 308 Issue D	Attached Housing Morwong Street – Sections A, B & C	December 1998
SK 309 Issue D	Attached Housing Morwong Street – Section D	December 1998
SK 346 Issue B	Floor Plans	30 May 2001
SK 347 Issue B	Floor Plans	1 June 2001
1209 : SK 0.00 (A)	Site Plan	22 January 2019
1209 : SK 0.01 (A)	Lower Floor	22 January 2019
1209 : SK 0.02 (A)	Upper Floor	22 January 2019
1209 : SK 0.03 (A)	Roof	22 January 2019
1209 : SK 0.04 (A)	Lower Floor, Upper Floor, Roof	22 January 2019
1209 : SK 0.05 (A)	Elevation	22 January 2019
1265 CT.1.01	Locality Plan	15 March 2022
1265 CT.2.02	Floor Plans	15 March 2022
1265 CT.2.03	Floor Plans	15 March 2022
1265 CT.3.01	Lot 05	15 March 2022
the Engineering Drawings prepared by McWilliams Consulting Engineers listed in the following table:
Drawing No.	Drawing Title	Date
SK 01 Issue G	Bayview Road – Road Works and Setout	07.06.01
SK 02 Issue D	LIP Longitudinal Section Bayview Road Noosa	31.05.01
SK 03 Issue D	Cross Sections – Bayview Road Sheet 1 of 2	31.05.01
SK 07 Issue E	Cross Sections – Bayview Road Sheet 2 of 2	07.06.01
SK 09 Issue B	Cross Sections – Lot 12 and 13 Angler Street – House A and B	21.02.01
SK 10 Issue J	Attached Housing Morwong Street Preliminary Earthworks	19.06.01
SK 11 Issue H	Cross Sections Attached Housing Morwong Street	05.06.01
SK 12 Issue G	Cross Sections Attached Housing Morwong Street	31.05.01
SK 13 Issue F	Cross Sections Attached Housing Morwong Street	31.05.01
SK 14 Issue G	Cross Sections Attached Housing Morwong Street	05.06.01
SK 15 Issue H	Cross Sections Attached Housing Morwong Street	05.06.01
SK 16 Issue G	Cross Sections Attached Housing Morwong Street	31.05.01
SK 17 Issue H	Resort Accommodation Buildings Preliminary Earthworks	19.06.01
SK 18 Issue F	Central Facilities Cross Sections	05.06.01
SK 19 Issue F	Central Facilities Cross Sections	05.06.01
SK 20 Issue H	Road One Layout and Chainages Plan	19.06.01
SK 21 Issue F	Road One Cross Sections Sheet 1 of 2	31.05.01
SK 22 Issue F	Road One Cross Sections Sheet 2 of 2	31.05.01
SK 23 Issue G	Road One Longitudinal Section Sheet 1 of 2	07.06.01
SK 24 Issue G	Road One Longitudinal Section Sheet 2 of 2	07.06.01
SK 25 Issue H	Road Two Layout and Chainages Plan	19.06.01
SK 26 Issue F	Road Two Longitudinal Section	05.06.01
SK 27 Issue G	Road Three Layout and Chainages Plan	07.06.01
SK 28 Issue F	Road Three & Driveway One Longitudinal Section	05.06.01
SK 29 Issue T	Proposed Stormwater Drainage Layout Plan	07.06.01
SK 30 Issue D	Proposed Stormwater Longitudinal Section Line 1	31.05.01
SK 31 Issue S	Proposed Sewer Layout Plan	07.06.01
SK 32 Issue D	Proposed Sewer Longitudinal Section	31.05.01
SK 33 Issue P	Proposed Water Reticulation Layout Plan	07.06.01
SK 34 Issue R	Site Layout Clearing Plan	20.06.01
SK 36 Issue C	Bayview Road Driveway Gradings Lots 1, 2 & 3	07.06.01
SK 37 Issue B	Bayview Road Driveway Gradings Lots 4, 5, 6 & 7	31.05.01
SK 40 Issue C	Bayview Road Houses Earthworks and Services Plan	07.06.01
SK 42 Issue D	Proposed Sediment Control, Basin Location and Size	07.06.01
SK 43 Issue C	Proposed Operational Phase Water Quality Control Devices and Boulder Catch Structures	19.06.01
A development permit for reconfiguration of a lot to create Lots 101, 102, 103 and 104 in accordance with the Reconfiguration Plan.
A preliminary approval under the Planning Scheme for the Shire of Noosa for carrying out building works generally in accordance with the Drawings, unless otherwise stated in the Conditions.
6.	Development
6.1 	Drawings
The Development shall be undertaken generally in accordance with the Drawings, unless otherwise stated in these Conditions. The drawings include the revised plans prepared by Hollingdale Mainwaring 1209:SK0.00 (A) to 1209:SK0.05 (A) dated 22 January 2019.
SK 346 Issue B of the Architectural Sketch Drawings shall be amended by reversing the location of the entry and kitchen on the drawing entitled “2 Bed Single Key Plan”.
6.2	Conditions
All of the Conditions are integral to and non-severable from the development approval. In the interpretation of these Conditions or the exercise of any discretion by the Council or its officers, the overriding consideration shall be to ensure that the visual and environmental impact of the Development on the Site is minimal and to enhance and maintain the Environmental Values of the Site.
6.3	Development Parameters
Notwithstanding condition 6.1(a), the Development shall be undertaken strictly in accordance with the development parameters specified below.
Bayview Road Houses

Development Parameter	Required Standard
Building Height (Storeys)	not to exceed the building height in storeys for the Bayview Road Houses as shown on the Architectural Sketch Drawings and the revised plans prepared by Hollindale Mainwaring 1209:SK0.00 (A) to 1209:SK0.05 (A) dated 22 January 2019 and 1265:CT1.01 to 1265:CT.3.01 dated 15 March 2022.
Building Height	L1 – not to exceed RL 71 L2 – not to exceed RL 74.4 L3 – not to exceed RL 76.6 L4 – not to exceed RL 82.2 L5 – not to exceed RL 88.8 L11 – not to exceed RL 102
Site Cover Per Allotment	not to exceed the site cover per allotment for the Bayview Road Houses as drawn on the Architectural Sketch Drawings and the revised plans prepared by Hollindale Mainwaring 1209:SK0.00 (A) to 1209:SK0.05 (A) dated 22 January 2019 and 1265:CT1.01 to 1265:CT.3.01 dated 15 March 2022.
Gross Floor Area per House	not to exceed the gross floor area for the Bayview Road Houses as drawn on the Architectural Sketch Drawings and the revised plans prepared by Hollindale Mainwaring 1209:SK0.00 (A) to 1209:SK0.05 (A) dated 22 January 2019 and 1265:CT1.01 to 1265:CT.3.01 dated 15 March 2022.
Building Setbacks	as shown per allotment for the Bayview Road Houses on the Architectural Sketch Drawings and the revised plans prepared by Hollindale Mainwaring 1209:SK0.00 (A) to 1209:SK0.05 (A) dated 22 January 2019 and 1265:CT1.01 to 1265:CT.3.01 dated 15 March 2022.
Building Colours	muted tones of browns, greens and greys selected from the colour palette in condition 6.10(a)
Building Materials	colour-bond roofs, timber or powder-coated aluminium window frames, non-reflective window glass, timber balconies, timber screens, sun screens, stone from the Site for retaining walls and facing, timber frame on suspended timber floors with timber, sheet ply and stone to external walls
Pool	spa or plunge pool only, both havening maximum dimensions of 3 metre x 3 metres
Morwong Drive Dwelling Units
Development Parameter	Required Standard
Building Height (Storeys)	A6 – 1 storey maximum A9 – 3 storeys maximum A12 – 2 storeys maximum Others – 2 storeys maximum
Building Height (meters from natural and finished ground level)	A12 – not to exceed RL 433.1 provided that: All 1 storey buildings shall not exceed 5 metres; All 2 storey buildings shall not exceed 8 metres; All 3 storey buildings shall not exceed 12 metres
Site Cover	not to exceed the site cover for the Morwong Drive Dwelling Units as shown on the Architectural Sketch Drawings
Cross Floor Area	not to exceed the gross floor area for the Morwong Drive Dwelling Units as shown on the Architectural Sketch Drawings
Building Colours	external colours as specified in condition 6.10(a) will be selected to integrate with the colours of the natural environment.
Building Materials	color-bond roofs, timber or powder-coated aluminium window frames, non-reflective window glass, timber balconies and shutters, plywood clad and line-washed rendered block, timber, concrete and masonry
Pool	no swimming pools
Configuration of Units	Maximum of 5 units in any one building the attached units are to be configured as 13 x 3 bedrooms units and 10 x 2 bedroom units
Resort Central Facilities Building
Development Parameter	Required Standard
Building Heights (Storeys)	3 storeys maximum (excluding the carpark provided that the carpark is 1.2m below finished and natural ground levels)
Building Height	not to exceed RL 44.5
Site Cover	not to exceed the site cover for the Resort Central Facilities Building as shown on the Architectural Sketch Drawings
Gross Floor Area	not to exceed the gross floor area for the Resort Central Facilities building as drawn on the Architectural Sketch Drawings
Building Colours	external colours as specified in condition 6.10(a) will be selected to integrate with the colours of the natural environment
Building Materials	Predominantly concrete and masonry structure
Health Spa
Development Parameter	Required Standard
Building Heights (Storeys)	1 storey maximum
Building Height	not to exceed RL 49
Site Cover	not to exceed the site cover for the health spa as shown on the Architectural Sketch Drawings
Gross Floor Area	not to exceed the gross floor area for the health spa as shown on the Architectural Sketch Drawings
Building Colours	external colours as specified in condition 6.10(a) will be selected to integrate with the colours of the natural environment
Building Materials	predominantly concrete slab on ground with masonry construction
Resort Residential Buildings
Development Parameter	Required Standard
Building Heights (Storeys)	2 storeys maximum for R 1 4 storeys maximum for R 6 3 storeys maximum for R 2 – R5, R7 – R9
Building Height	R1 – not to exceed RL 47.3 provided that the building height in metres shall not exceed 7 meters except that the roof pitch may extend the building height to 9 metres R2 – not to exceed RL 53 provided that the building height in metres shall not exceed 10 meters except that the roof pitch may extend the building height to 12 metres R3 – not to exceed RL 52 provided that the building height in metres shall not exceed 10 meters except that the roof pitch may extend the building height to 12 metres R4 – not to exceed RL 52 provided that the building height in metres shall not exceed 10 meters except that the roof pitch may extend the building height to 12 metres R5 – not to exceed RL 49 provided that the building height in metres shall not exceed 10 meters except that the roof pitch may extend the building height to 12 metres R6 – not to exceed RL 55 provided that the building height in metres does not exceed 13 meters R7 – not to exceed RL 52 provided that the building height in metres shall not exceed 10 meters except that the roof pitch may extend the building height to 12 metres R8 – not to exceed RL 40 provided that the building height in metres shall not exceed 10 meters except that the roof pitch may extend the building height to 12 metres R9 – not to exceed RL 38 provided that the building height in metres shall not exceed 10 meters except that the roof pitch may extend the building height to 12 metres
Length	48 metres maximum, except for R4 and R6 which are 57metres maximum
Variation in Building Form	Western façade articulated with approximately 2 metre steps in plane very 4 metres, except for longer accommodation buildings which  have an 8 metre long section of veranda in on plane
Site Cover	not to exceed the site cover for the Resort Residential Buildings as shown on the Architectural Sketch Drawings
Gross Floor Area	not to exceed the gross floor area for the Resort Residential Buildings as shown on the Architectural Sketch Drawings
Building Colours	external colours as specified in condition 6.10(a) will vary between buildings and also within each building
Building Materials	color-bond roofs, timber or powder-coated aluminium window frames, non-reflective window glass and masonry elements in the base
Configuration of Units	130 Multiple Dwelling Units comprising: 44 x 2 bedroom units, 41 x 1 bedroom units; and 45 x 2 bedroom units each capable of being used as a one bedroom dwelling unit and a one bedroom accommodation unit
Poolside Villas
Development Parameter	Required Standard
Building Heights (Storeys)	2 storeys maximum
Building Heights	V1 – not to exceed RL 37.3
Additional Conditions and Advisory Note imposed for Bayview House Lot 5 (18 Bayview Road)
Conditions
Tree Protection and Landscaping
All trees and vegetation on the site are to be retained for the life of the development.
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
Where works must occur within the tree protection zone (as defined in AS 4970), these works must be undertaken and supervised according to the direction(s) of a *qualified person.
In accordance with PSP2 – Landscaping, an additional two (2) trees (minimum pot size 300mm) must be planted in such a way that it screens the development from the south in line with the proposed lift and maintained for the life of the development.
Advisory Note
Qualified Person
Qualified Person, for the purpose of:
Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.

The proposed changes to the Planning & Environment Court approval are shown in the attachment

Yours faithfully,

Jada Lyons
Assistant Development Planner

Encl:	Attachment A – Proposed changes to Court Approval

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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PO Box 141		P. (07) 5329 6500	[email protected]
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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ee) NOOSA COUNCIL