Minor Change Council Report MCU15 0109.04

MCU15/0109.04 - MINOR CHANGE TO DEVELOPMENT APPROVAL FOR MULTIPLE HOUSING –TYPE 4 – CONVENTIONAL (39 UNITS) AT RESORT DRIVE, NOOSA HEADS
Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development

Index	ECM/ Application/ MCU15/0109.04

Attachments	1.	Proposal plans

APPLICATION DETAILS
Application No.	MCU15/0109.04
Development Approval	Material Change of Use (39 Units)
Applicant	Altum Constructions
Request Received On	21 December 2021

PROPERTY DETAILS
Property Address	75 Resort Dr Noosa Heads Qld 4567
RP Description	Lot 8000 SP305580 (formerly Lot 6 SP178340)
Land Area	11,795m2
Existing Use of Land	Construction of approved development

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Noosa Heads
Zone	Tourist Accommodation
Overlays	Land Subject to Acid Sulfate Soils – Above 5m AHD Biodiversity Overlay – Area of Biodiversity Significance Bushfire Hazard Overlay – High Potential & Potential Impact Buffer Areas Landslide Hazard Overlay – Moderate and High Hazard Area
Assessment Type	Minor Change to Development Approval

EXECUTIVE SUMMARY
The applicant seeks approval to change to an existing development approval to reconfigure the maintenance shed to include additional covered car parking spaces and a 1-bedroom Managers Unit.   The proposed maintenance shed and associated carparking raises no additional issues under the planning scheme.
The incorporation of a Managers Unit is possible as the applicant has re-calculated Gross Floor Area (GFA) of the entire development based on the Noosa Plan 2020 definition, which excludes components that were previously included in the Noosa Plan 2006 GFA definition.  This results in an additional 69.7m2 of GFA which complies with the maximum GFA for the site permitted under the Noosa Plan 2020.   The applicant has demonstrated that the proposed development does not require changes to the existing stormwater drainage system.
No further planning or engineering issues arise from the proposal to include a manager’s unit.
Overall, the resultant changes accord with the planning scheme requirements and otherwise constitute a minor change to the development and therefore the application is recommended for approval.
The application is before Council as the original development approval was issued by Council.
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 8 March 2022 regarding MCU15/0109.04 to make a minor change to a development approval for Multiple Housing type 4- Conventional (39 Units) situated at Resort Drive Noosa Heads and:
A.	Approve the change.
B.	Amend the description of the development in the Decision Notice to read Material Change of Use – Multiple Housing Type 4 – Conventional (39 Units & 1 managers unit).
C.	Amend conditions 2, 3 and 31 to read as follows:
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	14	LOCATION PLAN & PROJECT SUMMARY by Blackburne Jackson Design	17-12-21
7043-DA02	18	SITE PLAN by Blackburne Jackson Design	17-12-21
7043-DA03	17	SITE PLAN by Blackburne Jackson Design	17-12-21
7043-DA04	11	SITE PLAN by Blackburne Jackson Design	17-12-21
7043-DA05	13	SITE SECTIONS PLAN by Blackburne Jackson Design	17-12-21
7043-DA06	01	SITE SECTIONS PLAN by Blackburne Jackson Design	12-10-18
7043-DA14	10	BUILDING 25: BASEMENT by Blackburne Jackson Design	12-10-18
7043-DA15	10	BUILDING 25: LEVEL 1 by Blackburne Jackson Design	12-10-18
7043-DA16	10	BUILDING 25: LEVEL 2 by Blackburne Jackson Design	12-10-18
7043-DA17	09	BUILDING 25: ELEVATIONS by Blackburne Jackson Design	12-10-18
7043-DA18	09	BUILDING 25: SECTION by Blackburne Jackson Design	12-10-18
7043-DA19	11	BUILDINGS 23 & 24: BASEMENT by Blackburne Jackson Design	12-10-18
7043-DA20	09	BUILDINGS 23 & 24: LEVEL 1 by Blackburne Jackson Design	12-10-18
7043-DA21	10	BUILDINGS 23 & 24: LEVEL 2 by Blackburne Jackson Design	12-10-18
7043-DA22	09	BUILDING 24: ELEVATIONS by Blackburne Jackson Design	12-10-18
7043-DA23	xx	BUILDING 24: ELEVATION & SECTION by Blackburne Jackson Design	12-10-18
7043-DA24	09	BUILDING 23: ELEVATION by Blackburne Jackson Design	12-10-18
7043-DA25	09	BUILDING 23: ELEVATION & SECTION by Blackburne Jackson Design	12-10-18
7043-DA26	06	FINISHES PALETTE / SCHEDULES by Blackburne Jackson Design	17-12-21
7043-DA28	09	FIRE AND EVACUATION MANAGEMENT PLAN by Blackburne Jackson Design	14-02-19
7043-DA30	16	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	17-12-21
7043-DA31	13	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	12-10-18
7043-DA32	02	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	12-10-18
7043-DA40	03	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	17-12-21
7043-DA50	03	SITE MAINTENANCE SHED: PLAN, ELEVATION & SECTION by Blackburne Jackson Design	17-12-21
7043-DA102	09	SITE MAINTENANCE SHED LANDSCAPING by Blackburne Jackson Design	17-12-21
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
WD1.17	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
WD1.20	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
WD1.23	H	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

3.	The approved development comprises a total of 1 x 1 bedroom managers unit, 17 x 2 bedrooms and 22 x 3-bedroom units.
A minimum of 80 car parking spaces must be provided and marked on the overall site generally in accordance with the approved plans. The works may be staged and must be undertaken in accordance with an Operational Works approval and must include in particular:
13 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use.

Crossfalls, gradients and vehicle headroom in accordance with Australian Standard AS2890: Parking Facilities.

The minimum number of parking spaces as indicated on the approved plans for each of the buildings in the particular Stage.

1 space must be allocated to the exclusive use of the Mangers Unit.

D. 	Add conditions 66 and 67 to read as follows:
The car wash bay must be bunded to prevent wastewater from leaving the site and must not enter the downstream drainage system.
The use of the car wash bay is to be limited to resident’s vehicles only and the use of pressure hoses /compressors to wash vehicles is not permitted.

E. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks approval to change to an existing development approval and reconfigure an approved maintenance shed to include:
An additional 1-bedroom unit (Managers Unit – 69.7m² GFA).
Additional parking garage spaces / maintenance vehicular parking (previously 4 parking spaces to 8 parking spaces), a car wash bay plus a carport space for the Manager’s Unit.  Note the carwash bay is for exclusive use of onsite residents.
No vegetation removal is required to accommodate the development.
A Locality Plan and detailed site plan are provided in Figures 1 and 2 below.

Figure 2 – Locality Plan

Figure 2 – Detailed proposed Site Plan
A comparison between the approved site plan and proposed site plan is provided in Figures 3 & 4 below.

Figure 3 - Approved Site Plan

Figure 4 – Proposed Site Plan
background
The site forms Precinct E2 of the Noosa Springs residential community. Master planning for the Noosa Springs locality was undertaken in the 1990’s, with the majority of the area now developed for residential and golf course purposes, with associated recreational and community facilities. The subject site and adjoining land to the north (Precinct F) form the eastern extremity of the Noosa Springs locality and were historically used for sand quarrying purposes.
Precinct E2 development approval history includes:
MCU15/0109 - 16 September 2016 – Decision Notice – 44 units (4 x 1 bedroom, 22 x 2 bedroom and 18 x 3+ bedroom units) subject to amendment to unit density as part of the original condition 4;
MCU15/0109 - 20 December 2017 - Negotiated Decision Notice – 37 units (4 x 2 bedrooms and 33 x 3-bedroom units);
MCU15/0109.01 - 21 February 2018 – Minor Change Decision Notice – 29 units (1 x 2 bedrooms and 28 x 3-bedroom units), which deleted block 26;
MCU15/0109.02 - 16 July 2018 – Minor Change Decision Notice – minor amendments to landscaping and fencing.

The applicant advises
There is a separate development approval over the adjacent Precinct F for a Multiple Dwelling  comprising  140 Dwelling Units and Associated Facilities (Shop, Restaurant, Multi‐Function Room and Gym).  This approval has been the subject of a number of amendments, with the most recent modification to the approval granted by Council on 22 November 2021 (refer 132005.1133.15). Conditions of this approval include a sunset date of 15 December 2026, at which time the uncompleted aspect of the approval lapse if the whole of the approval has not happened.
Precincts E2 and F has been developed in an integrated matter to allow for internal road and pathway connections between the two sites.  We note that the recent reconfiguration of a lot (to facilitate the creation of up to 26 balance lots) approval  issued  by  Council  further  reinforces  the  staged  and  integrated  manner  within  which  these development approvals are being delivered.
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 development remains generally consistent with the original approval;
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 matters prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
To facilitate the proposed changes the applicant seeks changes to the approved list of plans of development being condition 2 and condition 3 as follows:
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	13	LOCATION PLAN & PROJECT SUMMARY by Blackburne Jackson Design	01-11-18
7043-DA02	17	SITE PLAN by Blackburne Jackson Design	12-10-18
7043-DA03	16	SITE PLAN by Blackburne Jackson Design	12-10-18
7043-DA04	10	SITE PLAN by Blackburne Jackson Design	12-10-18
7043-DA05	12	SITE SECTIONS PLAN by Blackburne Jackson Design	12-10-18
7043-DA06	01	SITE SECTIONS PLAN by Blackburne Jackson Design	12-10-18
7043-DA14	10	BUILDING 25: BASEMENT by Blackburne Jackson Design	12-10-18
7043-DA15	10	BUILDING 25: LEVEL 1 by Blackburne Jackson Design	12-10-18
7043-DA16	10	BUILDING 25: LEVEL 2 by Blackburne Jackson Design	12-10-18
7043-DA17	09	BUILDING 25: ELEVATIONS by Blackburne Jackson Design	12-10-18
7043-DA18	09	BUILDING 25: SECTION by Blackburne Jackson Design	12-10-18
7043-DA19	11	BUILDINGS 23 & 24: BASEMENT by Blackburne Jackson Design	12-10-18
7043-DA20	09	BUILDINGS 23 & 24: LEVEL 1 by Blackburne Jackson Design	12-10-18
7043-DA21	10	BUILDINGS 23 & 24: LEVEL 2 by Blackburne Jackson Design	12-10-18
7043-DA22	09	BUILDING 24: ELEVATIONS by Blackburne Jackson Design	12-10-18
7043-DA23	xx	BUILDING 24: ELEVATION & SECTION by Blackburne Jackson Design	12-10-18
7043-DA24	09	BUILDING 23: ELEVATION by Blackburne Jackson Design	12-10-18
7043-DA25	09	BUILDING 23: ELEVATION & SECTION by Blackburne Jackson Design	12-10-18
7043-DA26	05	FINISHES PALETTE / SCHEDULES by Blackburne Jackson Design	12-10-18
7043-DA28	09	FIRE AND EVACUATION MANAGEMENT PLAN by Blackburne Jackson Design	14-02-19
7043-DA30	15	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	12-10-18
7043-DA31	13	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	12-10-18
7043-DA32	02	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	12-10-18
7043-DA40	03	OVERALL STAGING PLAN by Blackburne Jackson Design	12-10-18
7043-DA50	02	SITE MAINTENANCE SHED: PLAN, ELEVATION & SECTION by Blackburne Jackson Design	12-10-18
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
WD1.17	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
WD1.20	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
WD1.23	H	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

Applicant’s Request
Update table to include the amended architectural drawings……
Assessment of Request
The submitted plans provide for an increase in the number of dwelling units from 39 to 40 in the form of a 1-bedroom managers unit (69.7m² GFA) being accommodated adjacent to the managers shed/facilities.  The proposal plans also introduce additional carparking, garage spaces / maintenance vehicle parking.  Currently there are 4 spaces, and the applicant now proposes 8 spaces, a car wash bay plus a carport for the Managers Unit.   The changes result in compliance with the Noosa Plan development parameters as follows:
Site Cover remains at 29% significantly less than the allowable 40%
The Change results in a population density of 115.1 persons, however, does not exceed the maximum allowable population density of 117.99 persons permitted under the superseded planning scheme. Population density provisions are not included within the Noosa Plan 2020.
The proposed height of the buildings is 4 metres which complies with the maximum allowable height of 12 and 8 metres permitted under both the current and previous planning schemes respectively.
The permitted Plot ratio of 0.4:1 allows for a maximum Gross Floor Area (GFA) for the site of 4719.6m2.  The proposed GFA is 4710.3m2 based on the Noosa Plan 2020 definition of GFA which excludes components that were previously included in the Noosa Plan 2006 GFA definition.
A comparison of the current GFA definition and the Noosa Plan 2006 GFA definition is provided in figure 5 below.  The most notable differences include the following areas which are no longer counted as GFA; floor area beyond 3 metres from an external wall, ground floor of stairwells, building services, plan or equipment areas, and a ground floor public lobby.

Figure 5 – GFA definitions
The following table (figure 6) provides a comparison of the approved plans against both definitions of GFA.  Each block (10 to 25) has a modest reduction in GFA which provides the opportunity to include additional GFA in the form of the Managers Unit.

Figure 6 – GFA comparison totals
Therefore, the proposed changes are considered to comply with development parameters of the Noosa Plan 2020. Whilst the proposal does not comply with the plot ratio permitted under the superseded planning scheme if a new application were made for the whole development today it would comply with the requirements of the Noosa Plan 2020.
The proposed amendment to condition 2 will reflect the new set of plans and is therefore supported.

Condition 3
The approved development comprises a total of 17 x 2 bedrooms and 22 x 3 bedroom units.
Applicant’s Request
It is requested that this condition be updated to include the proposed new managers unit, and be amended to read:-
3.	The approved development comprises a total of 1 x 1 bedroom, 17 x 2 bedrooms and 22 x 3 bedroom units.
Assessment of Request
The proposed amendment to condition 3 will reflect the new set of plans and is therefore supported.

Additional Considerations
Whilst not requested by the applicant, condition 31 (car parking) will require updating to include reference to the additional 1 car parking space to be allocated to the Managers Unit.
The applicant has advised that use of the carwash bay will be managed by the on-site manager, and it is anticipated that up to 3 cars per day will be washed. An additional condition, based on advice of how the car wash will operate, is recommended to protect the amenity of nearby residents from potential noise impacts of the car wash.  The condition ensures only resident’s vehicles are washed at the car wash and that no compressors or pressure hoses and the like are to be used. The applicant has provided a review of the stormwater quality and quantity implications of the proposed development, by Morgan Consulting Engineers, which demonstrates that no change is required to the existing stormwater drainage system. The report notes that the car wash bay is to be bunded, it is recommended that a condition be included to ensure that this occurs.
Furthermore, a new infrastructure charges notice will be required to account for the additional unit proposed.
cONSULTATION
Referral Agencies
Other Referrals
The application was forwarded to the following internal Council specialists:
Coordinator Engineering
Environmental Health
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 (39 Units) at 105 Resort Drive Noosa Heads. The changes seek to increase the maintenance shed area/s and the number of dwelling units from 39 to 40 by including a manager’s unit. The resultant changes accord with the planning scheme requirements and otherwise constitute a minor change to the development and do not result in substantially different development as it is generally consistent with the original approval. The application to amend the plans and consequential conditions is recommended for approval.

Departments/Sections Consulted:
	Chief Executive Officer	x	Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
		x	Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	8 MARCH 2022

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The Noosa Plan 2020 definition is reproposed below:

gross floor area for a building, means the total floor area of all storeys of the building, measured from the outside of the
external walls and the centre of any common walls of the building, other than areas used for -

(a) building services, plant or equipment; or
(b) access between levels; or

(c)a ground floor public lobby; or

(d) a mall; or

(e) parking, loading or manoeuvring vehicles; or

(f) unenclosed private balconies, whether roofed or not.

The Noosa Plan 2006 definition is extracted below

gross floor area (or GFA) means the total floor area of a building measured from the outside of the external walls, plus
‘for roofed unenclosed areas, any portion of floor area beyond a distance of 3 metres from the external wall, It does not
include:

a) the area of spaces used for the parking or manoeuvring of motor vehicles;

b) the area of lift shafts;

¢) the area of stairwells on any level other than the ground floor; or

d) floor areas located in a basement.


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Block 10 352.0m? 344.0m?
Block 11 473.5m? 464.0m?
Block 12 352.0m? 344.0m?
Block 23 1120.2m? 1111.2m?
Block 24 1112.4m? 1104.4m?
Block 25 1286.2m? 1273.0m?
Maintenance Shed site / Manager's | 21m? 69.7m?
Unit
TOTAL, 4717.3m? 4710.3m?
Maximum allowable 4719.60m? 4719.60m?