Minor Change Report MCU15 0109.02

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Coordinator Planning, Patrick Murphy
Development Assessment

APPLICATION DETAILS
Application No.	MCU15/0109.02
Development Approval	Material Change of Use – Multiple Housing Type 4 – Conventional (29 Units)
Applicant	Altum Constructions
Request Received On	20 June 2018

PROPERTY DETAILS
Property Address	105 Resort Drive Noosa Heads 4567
RP Description	Lot 6 SP 178340
Land Area	11,795m2
Existing Use of Land	Construction of approved development

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Semi-Attached Housing
Overlays	Environmental Enhancement Area Bushfire Hazard Area Landslide Hazard Area Low Potential Acid Sulphate Soils
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval by deletion Condition 65 and amending the list of approved plans.
The applicant describes the proposed changes in the report submitted with the application:

The proposed changes to the existing development approval are described in detail in the sections below (refer enclosed architectural drawings). Council will note that the changes predominantly relate to the landscaping and fencing solution along the Resort Drive frontage of the site, and the equivalent representations to the Precinct F approval (132004.1133.7) also refer.
In this regard, a 2 metre landscape strip has been introduced generally along the length of Resort Drive, wherein this landscaping is set behind a semi-transparent fence located on the Resort Drive boundary. As a consequence of the introduction of the landscape buffer strip, there have also been a number of amendments made to the design of the adjacent courtyards for unit Blocks 10 – 12 by way of the removal of pools previously nominated on approved plans, as well as the replacement of lower level terraces with turf. Informal pedestrian access arrangements to Resort Drive, requested in previous Minor Change applications, are also no longer intended. However, gates have been provided in the dividing fences between courtyards to allow access from the outer units to the middle units for maintenance purposes.
Further amendments have also been made to the common fences between courtyards such that timber batten fences are provided in the 2 metre landscape buffer strip, in lieu of previously intended rendered block fencing. The design of the fencing is such that it comprises a light weight timber batten fence that is anticipated as sitting lightly within the landscape, with final fence post locations intended to be determined by existing tree protection zones and consultation with an arborist prior to construction. The intended fence design is reflected in Figure 1 below:-

The application seeks to delete condition 65 which currently reads:
Condition 65 currently reads:

65. 	The rear 2 metres of Blocks 10, 11 and 12 is to be extensively landscaped and no structures or swimming pools are to be located in these areas. No access is to be provided from the rear of these Blocks to Resort Drive

background
The site is located within Precinct E2 of the Noosa Springs development at Links Drive, Noosa Heads. Noosa Springs is a master planned residential golf estate, with most development on the site completed. The subject site and the adjoining resort site to the north (Precinct F) have recently been cleared and works commenced in relation to the existing approvals for each site.
Council on 15 September 2016 decided to issue the following type of approval:
In relation to representations, Council decided on 21 September 2017 to:
A.	Amend the description of the development within the Decision Notice to Development Permit for Material Change of Use of Premises – Multiple Housing Type 4 – Conventional (37 units).
B.	Agree to change conditions 1, 2, 3, 4, 6, 13, 20, 27, 28, 30, 31, 37, 48, 50, 51, 52 & 53.
C.	Include additional conditions 63, 64 & 65.
In relation to a request to make a minor change to the existing approval, Council decided on 15 February 2018 to:
Amend the description of the development in the Decision Notice to read Material Change of Use – Multiple Housing Type 4 – Conventional (29 Units).
Agree to change conditions 2, 3, 13, 14 and 31.
Delete condition 4
Refuse to amend conditions 49, 50 and 65
Delegate the powers of Council under the Planning Act 2016 for minor change applications for this development to the Chief Executive Office
assessmenT
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the application does not seek to change any of the buildings and only relates to a condition addressing landscaping to the rear of buildings 10, 11 and 12;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new mattes prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Condition 2
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development.  The approved plans are listed in the following table, and may be further amended by the conditions of this approval.
Plan No.	Rev.	Plan/Document Name	Date
7043-DA01	11	LOCATION PLAN & PROJECT SUMMARY by Blackburne Jackson Design	03-11-17
7043-DA02	15	SITE PLAN by Blackburne Jackson Design	12-10-17
7043-DA03	14	SITE PLAN by Blackburne Jackson Design	12-10-17
7043-DA04	08	SITE PLAN by Blackburne Jackson Design	12-10-17
7043-DA05	11	SITE SECTIONS PLAN by Blackburne Jackson Design	12-10-17
7043-DA14	08	BUILDING 25: BASEMENT by Blackburne Jackson Design	12-10-17
7043-DA15	08	BUILDING 25: LEVEL 1 by Blackburne Jackson Design	12-10-17
7043-DA16	08	BUILDING 25: LEVEL 2 by Blackburne Jackson Design	12-10-17
7043-DA17	08	BUILDING 25: ELEVATIONS by Blackburne Jackson Design	12-10-17
7043-DA18	08	BUILDING 25: SECTION by Blackburne Jackson Design	12-10-17
7043-DA19	09	BUILDINGS 23 & 24: BASEMENT by Blackburne Jackson Design	12-10-17
7043-DA20	07	BUILDINGS 23 & 24: LEVEL 1 by Blackburne Jackson Design	12-10-17
7043-DA21	08	BUILDINGS 23 & 24: LEVEL 2 by Blackburne Jackson Design	12-10-17
7043-DA22	08	BUILDING 24: ELEVATIONS by Blackburne Jackson Design	12-10-17
7043-DA23	08	BUILDING 24: ELEVATION & SECTION by Blackburne Jackson Design	12-10-17
7043-DA24	08	BUILDING 23: ELEVATION by Blackburne Jackson Design	12-10-17
7043-DA25	08	BUILDING 23: ELEVATION & SECTION by Blackburne Jackson Design	12-10-17
7043-DA26	04	FINISHES PALETTE / SCHEDULES by Blackburne Jackson Design	12-10-17
7043-DA28	04	FIRE AND EVACUATION MANAGEMENT PLAN by Blackburne Jackson Design	26-06-17
7043-DA30	04	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	12-10-17
7043-DA31	12	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	12-10-17
7043-DA40	02	HEIGHT PLAN PROJECTIONS ABOVE PROPOSED FINISHED GROUND by Blackburne Jackson Design	12-10-17
7043-DA50	01	SITE MAINTENANCE SHED: PLAN, ELEVATION & SECTION by Blackburne Jackson Design	12-10-17
7043-DA102	08	SITE MAINTENANCE SHED LANDSCAPING by Blackburne Jackson Design	12-10-17
7043-DA104	08	BLOCK 25: LANDSCAPING by Blackburne Jackson Design	12-10-17
7043-DA105	08	BLOCKS 23 & 24: LANDSCAPING by Blackburne Jackson Design	12-10-17
7043-DA106	08	BLOCK 24 & CORNER LANDSCAPING  by Blackburne Jackson Design	12-10-17
7043-DA107	07	PLANT SPECIES PALETTE & HARDSCAPE MATERIALS by Blackburne Jackson Design	12-10-17
7038-DA13	07	Overall Staging Plan by Blackburne Jackson Design	14-06-17
DD1.3	H	SITE PLAN by Sparks Architects	27-06-17
DD1.15	G	GROUND FLOOR PLAN BLOCK 10 by Sparks Architects	27-06-17
DD1.16	G	FIRST FLOOR PLAN BLOCK 10 by Sparks Architects	27-06-17
DD1.17	F	ROOF FLOOR PLAN BLOCK 10 by Sparks Architects	27-06-17
DD1.18	G	GROUND FLOOR PLAN BLOCK 11 by Sparks Architects	27-06-17
DD1.19	G	FIRST FLOOR PLAN BLOCK 11 by Sparks Architects	27-06-17
DD1.20	F	ROOF PLAN BLOCK 11 by Sparks Architects	27-06-17
DD1.21	G	GROUND FLOOR PLAN BLOCK 12 by Sparks Architects	27-06-17
DD1.22	G	FIRST FLOOR PLAN BLOCK 12 by Sparks Architects	27-06-17
DD1.23	F	ROOF PLAN BLOCK 12 by Sparks Architects	27-06-17
WD2.8	B	ELEVATIONS BLOCK 10 by Sparks Architects	23-08-17
WD2.9	B	ELEVATIONS BLOCK 11 by Sparks Architects	23-08-17
WD2.10	B	ELEVATIONS BLOCK 12 by Sparks Architects	23-08-17
15128/SK10	A2	Concept Siteworks and Drainage Layout Plan, prepared by Morgan Consulting Engineers	19/04/16
15128/SK11	A2	Concept Siteworks and Drainage Layout Plan –Sheet 1, prepared by Morgan Consulting Engineers	19/04/16
15128/SK12	A2	Concept Siteworks and Drainage Layout Plan – Sheet 2, prepared by Morgan Consulting Engineers	19/04/16
15128/SK13	A1	Concept Road 1 Longitudinal Section, prepared by Morgan Consulting Engineers	19/04/16
15128/SK14	A1	Concept Road 2 Longitudinal Section, prepared by Morgan Consulting Engineers	19/04/16

Applicant’s Request
The following conditions will require updating/amending (please note, requested additions to conditions are notated in bold text and deletions notated by way of strikethrough) as a consequence of the revised landscaping and fencing design solution along the Resort Drive frontage of the site:

Condition 2
The changes to the intended fencing and landscaping solution along the Resort Drive frontage of the site are reflected on amended architectural plans. It is therefore requested that condition 2 be amended to incorporate the following updated plans:-

Assessment of Request
The proposal seeks to amend the requirements of Condition 65 which prohibits development within the rear 2.0 metres of the lots associated with buildings 10, 11 and 12. The condition was imposed to protect trees within the road reserve and to reduce the appearance of bulk attributed with the development when viewed from Noosa Drive. The permit also sought to remove access from the rear of these lots to Noosa Drive. The applicant has removed the block fencing and now seeks a light weight fence with vertical timber battens. Paving has been removed from the rear two metres of the lots and replaced with landscaping. The proposed landscaping has been reviewed by Councils Environment Officer who is supportive of the species and layout proposed, a separate Operational Works approval has also been lodged with the relevant plans. Block walls on the side boundary within two metres of the rear boundary have also been replaced with light weight fencing and include a gate to allow movement between the properties for the purpose of maintenance, the access to the rear of the lots to Noosa Drive has been removed. The proposed changes to the plans are consistent with the requirements of Condition 65 and are supported.

Condition 65
65. 	The rear 2 metres of Blocks 10, 11 and 12 is to be extensively landscaped and no structures or swimming pools are to be located in these areas. No access is to be provided from the rear of these Blocks to Resort Drive
Applicant’s Request
As per our representations on the equivalent condition for the Precinct F approval (Ref: 132005.1133.7), and in light of the proposed changes detailed above, it is respectfully requested that this condition be deleted.

65. 	The rear 2 metres of Blocks 10, 11 and 12 is to be extensively landscaped and no structures or swimming pools are to be located in these areas. No access is to be provided from the rear of these Blocks to Resort Drive
Assessment of Request
It is not agreed that the condition be deleted. Whilst the plans demonstrate compliance with the condition the condition does not consequently become redundant. The retention of the condition provides for clear visibility of Council’s requirement for how this area is to be developed, this visibility will remain into the future and will inform assessment of any future change applications. However, to accommodate the changes it is recommended that Condition 65 be amended to read:
65.	The rear 2 metres of Blocks 10, 11 and 12 is to be extensively landscaped and no structures or swimming pools, other than a light weight timber batten fence, are to be located in these areas. No access is to be provided from the rear of these Blocks to Resort Drive.

cONSULTATION
Other Referrals
The application was forwarded to the following internal Council specialists:
Environment Officer
conclusion & reasons for decision
The application seeks a Minor Change to a Development Permit for a Material Change of Use – Multiple Housing Type 4 – Conventional (29 Units) at 105 Resort Drive Noosa Heads. Condition 65 of the approval required the area to the rear of blocks 7, 8 and 9 to be landscaped and that no structures were to be placed in these areas. The applicant has submitted amended plans which address these matters which have been reviewed and supported by Council’s Environment Officer. The applicant’s request to delete Condition 65 is not supported. The retention of the condition will ensure that these requirements have enforceability and also provide visibility for future assessment of any change applications.
RECOMMENDATION
With regard to Application No. MCU15/0109.02, to make a minor change to an existing approval for Material Change of Use – Multiple Housing Type 4 – Conventional (29 Units) situated at 105 Resort Dr Noosa Heads Qld 4567 described as Lot 6 SP 178340, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 5 July 2018 decided to:
A.	Approve the change.
B.	Amend condition 2 and 65 to read as follows:
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development.  The approved plans are listed in the following table, and may be further amended by the conditions of this approval.
Plan No.	Rev.	Plan/Document Name	Date
7043-DA01	11	LOCATION PLAN & PROJECT SUMMARY by Blackburne Jackson Design	03-11-17
7043-DA02	15	SITE PLAN by Blackburne Jackson Design	12-10-17
7043-DA03	14	SITE PLAN by Blackburne Jackson Design	12-10-17
7043-DA04	08	SITE PLAN by Blackburne Jackson Design	12-10-17
7043-DA05	11	SITE SECTIONS PLAN by Blackburne Jackson Design	12-10-17
7043-DA14	08	BUILDING 25: BASEMENT by Blackburne Jackson Design	12-10-17
7043-DA15	08	BUILDING 25: LEVEL 1 by Blackburne Jackson Design	12-10-17
7043-DA16	08	BUILDING 25: LEVEL 2 by Blackburne Jackson Design	12-10-17
7043-DA17	08	BUILDING 25: ELEVATIONS by Blackburne Jackson Design	12-10-17
7043-DA18	08	BUILDING 25: SECTION by Blackburne Jackson Design	12-10-17
7043-DA19	09	BUILDINGS 23 & 24: BASEMENT by Blackburne Jackson Design	12-10-17
7043-DA20	07	BUILDINGS 23 & 24: LEVEL 1 by Blackburne Jackson Design	12-10-17
7043-DA21	08	BUILDINGS 23 & 24: LEVEL 2 by Blackburne Jackson Design	12-10-17
7043-DA22	08	BUILDING 24: ELEVATIONS by Blackburne Jackson Design	12-10-17
7043-DA23	08	BUILDING 24: ELEVATION & SECTION by Blackburne Jackson Design	12-10-17
7043-DA24	08	BUILDING 23: ELEVATION by Blackburne Jackson Design	12-10-17
7043-DA25	08	BUILDING 23: ELEVATION & SECTION by Blackburne Jackson Design	12-10-17
7043-DA26	04	FINISHES PALETTE / SCHEDULES by Blackburne Jackson Design	12-10-17
7043-DA28	04	FIRE AND EVACUATION MANAGEMENT PLAN by Blackburne Jackson Design	26-06-17
7043-DA30	04	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	12-10-17
7043-DA31	12	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	12-10-17
7043-DA40	02	HEIGHT PLAN PROJECTIONS ABOVE PROPOSED FINISHED GROUND by Blackburne Jackson Design	12-10-17
7043-DA50	01	SITE MAINTENANCE SHED: PLAN, ELEVATION & SECTION by Blackburne Jackson Design	12-10-17
7043-DA102	08	SITE MAINTENANCE SHED LANDSCAPING by Blackburne Jackson Design	12-10-17
7043-DA104	08	BLOCK 25: LANDSCAPING by Blackburne Jackson Design	12-10-17
7043-DA105	08	BLOCKS 23 & 24: LANDSCAPING by Blackburne Jackson Design	12-10-17
7043-DA106	08	BLOCK 24 & CORNER LANDSCAPING  by Blackburne Jackson Design	12-10-17
7043-DA107	07	PLANT SPECIES PALETTE & HARDSCAPE MATERIALS by Blackburne Jackson Design	12-10-17
7038-DA13	07	Overall Staging Plan by Blackburne Jackson Design	14-06-17
WD1.3	I	SITE PLAN by Sparks Architects	16-05-18
DD1.17	H	GROUND FLOOR PLAN BLOCK 10 by Sparks Architects	16-05-18
DD1.16	G	FIRST FLOOR PLAN BLOCK 10 by Sparks Architects	27-06-17
DD1.17	F	ROOF FLOOR PLAN BLOCK 10 by Sparks Architects	27-06-17
DD1.20	H	GROUND FLOOR PLAN BLOCK 11 by Sparks Architects	16-05-18
DD1.19	G	FIRST FLOOR PLAN BLOCK 11 by Sparks Architects	27-06-17
DD1.20	F	ROOF PLAN BLOCK 11 by Sparks Architects	27-06-17
DD1.23	J	GROUND FLOOR PLAN BLOCK 12 by Sparks Architects	16-05-18
DD1.22	G	FIRST FLOOR PLAN BLOCK 12 by Sparks Architects	27-06-17
DD1.23	F	ROOF PLAN BLOCK 12 by Sparks Architects	27-06-17
WD2.8	B	ELEVATIONS BLOCK 10 by Sparks Architects	23-08-17
WD2.9	B	ELEVATIONS BLOCK 11 by Sparks Architects	23-08-17
WD2.10	B	ELEVATIONS BLOCK 12 by Sparks Architects	23-08-17
15128/SK10	A2	Concept Siteworks and Drainage Layout Plan, prepared by Morgan Consulting Engineers	19/04/16
15128/SK11	A2	Concept Siteworks and Drainage Layout Plan –Sheet 1, prepared by Morgan Consulting Engineers	19/04/16
15128/SK12	A2	Concept Siteworks and Drainage Layout Plan – Sheet 2, prepared by Morgan Consulting Engineers	19/04/16
15128/SK13	A1	Concept Road 1 Longitudinal Section, prepared by Morgan Consulting Engineers	19/04/16
15128/SK14	A1	Concept Road 2 Longitudinal Section, prepared by Morgan Consulting Engineers	19/04/16

65. 	The rear 2 metres of Blocks 10, 11 and 12 is to be extensively landscaped and no structures or swimming pools, other than a light weight timber batten fence, are to be located in these areas. No access is to be provided from the rear of these Blocks to Resort Drive.
C.	Refuse to delete condition 65 for the following reasons:
Whilst the plans demonstrate compliance with the condition the condition does not consequently become redundant. The retention of the condition provides for clear visibility of Council’s requirement for how this area is to be developed, this visibility will remain into the future and will inform assessment of any future change applications.

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Drawing No. Issue eT aN

WD1.3 I SITE PLAN by Sparks Architects 16.05.18
DD1.17 H GROUND FLOOR PLAN BLOCK 10 by Sparks Architects 16.05.18
DD1.20 H GROUND FLOOR PLAN BLOCK 11 by Sparks Architects 16.05.18
DD1.23 J GROUND FLOOR PLAN BLOCK 12 by Sparks Architects 16.05.18

 

 

 

 

 

 

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Drawing No. Eat) Drawing Name BS

DD1.3 H SITE PLAN by Sparks Architects 27-06-17
DD1.15 G GROUND FLOOR PLAN BLOCK 10 by Sparks Architects 27-06-17
DD1.18 G GROUND FLOOR PLAN BLOCK 11 by Sparks Architects 27-06-17
DD1.21 G GROUND FLOOR PLAN BLOCK 12 by Sparks Architects 27-06-17