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Cover Letter_Precinct E2_CDA_07-11-2018 · MCU15/0109.03
Attached to the e-mail Change to DA (39 units) - MCU15/0109.03.
BRISBANE | SUNSHINE COAST | CENTRAL QLD KON-TIKI BUSINESS CENTRE TOWER 1, LEVEL 2, SUITE T1.209, 55 PLAZA PARADE, MAROOCHYDORE QLD 4558 JFP URBAN CONSULTANTS PTY LTD ABN 79 050 414 045 7 November 2018 Job Ref: M2652/E2 Noosa Council By Email: <[email protected]> Att: Patrick Murphy – Coordinator Planning Re: Change Application (‘Minor Change’) – Development Approval for Material Change of Use – Multiple Housing Type 4 – Conventional (29 Units) over land at Resort Drive, Noosa Heads (Precinct E2) and described as Lot 6 on SP178340 - Council Ref: MCU15/0109 Dear Patrick, On behalf of our client, Altum Constructions, we hereby request a Change to Development Approval (“minor change”) under section 78 of the Planning Act 2016 (PA2016) in relation to the above development approval granted by Council on 22 September, 2017, by Negotiated Decision Notice (Ref: MCU15/0109). This correspondence provides details of the site and approval history, a description of the proposed changes to the approved drawings and conditions, and an assessment of the proposed changes against the relevant requirements of PA2016 and the Development Assessment Rules including demonstration that the proposed change represents a minor change and does not constitute “substantially different development”. 1.0 SITE / APPROVAL HISTORY 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.
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There is a separate development approval over the adjacent Precinct F for a Multiple Dwelling comprising 137
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
18 January, 2018 (refer 132005.1133.6). Precinct F is the subject of a current Change Development Application,
which is currently being assessed by Council. 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.
It is intended to develop Precinct E2 and F 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 will be delivered.
2.0 DESCRIPTION OF PROPOSED CHANGES
The proposed changes to the existing development approval are described in detail in the sections below (refer
enclosed architectural drawings).
2.1 Change to Description of Development
It is proposed to change the description of the development to reflect the proposed reduction in dwelling unit
numbers anticipated by this change request. The new description of development will be as follows:-
Material Change of Use – Multiple Housing Type 4 – Conventional (39 Units)
2.2 Changes to Approved Drawings
It is proposed to amend the approved drawings as follows:
The overall number of dwelling units from 29 to 39. The proposed density of development (i.e. 113.4
persons) remains consistent with the anticipated density under the Noosa Plan of 100 persons / hectare
(i.e. 118 persons) and remains consistent with the original approved density of 118 persons;
The proposal changes the overall product mix and number of units from the previous CDA from 28 x 3
bedrooms and 1 x 2 bedrooms units to 22 x 3 bedrooms units and 17 x 2 bedrooms units. These changes
include:
o Blocks 23 & 24 – The proposal has been revised to include an additional 2 units on each level.
The previous CDA product mix included 3 x 3 bedroom units on Levels 1 & 2. The product mix
has been changed to 3 x 2 bedroom and 2 x 3 bedroom on Levels 1 & 2 and includes changes
to the internal layout of units.
o Block 25 – The proposal has been revised from 5 x 3 bedrooms to 4 x 3 bedrooms and 6 x 2
bedrooms, with internal changes to the previous layout.
The footprints of Blocks 23, 24 & 25 have changed slightly, however, are considered to be of a similar bulk
and scale as previously approved.
The proposed changes result in a total GFA of 4,717.3m², which is a reduction of 2.2m² in GFA from the
latest development approval. The GFA complies with Council’s maximum GFA requirement of 40% of total
site area and/or the equivalent maximum allowable population in persons multiplied by 40m².
JFP Ref: M2652/E2 Page 2
Page 3
Minor variations to the building heights generally as follows:-
o Block 23 – There is a slight increase to the level above the 8m height plane from NGL on the
Southern side of Blocks 23 ranging from 80 to 90mm to the highest projection point due to
changes to the footprint. We note that the proposed building height remains within an 8.0m
height plane above the “finished ground level” at a maximum height of (circa) 7.785m;
o Block 24 – There is a slight increase to the level above the 8m height plane from NGL on the
Southern side of Blocks 23 ranging from 75mm to 110mm to the highest projection point due to
changes to the footprint. The proposed building height of Block 24 also remains well within the
8.0m height plane above the “finished ground level” at a maximum height of (circa) 7.3m;
o Block 25 – The minor changes to the footprint results in reduction of the level above the 8m
height plane from NGL at the highest point of the projection on the Southern side of Block 25 by
85mm and 250mm. The proposed building height remains well within an 8.0m height plane
above the “finished ground level” at a maximum height of (circa) 7.375m.
Increase in the number of carparks across the site from 68 spaces to 87 spaces to reflect the new unit mix
and yield.
The proposed changes to unit mix and numbers relate to Block 23 – 25. The proposed dwelling
configuration for individual stages for Precinct E2 are summarised as follows:-
CTS PHASE STAGE BUILDING DWELLING CONFIGURATION
1 bed 2 bed 3 bed(+) Sub-Total (No.
of Dwellings)
204 1A Block 10 - - 2 2
200 205 1A Block 11 - 1 2 3
206 1A Block 12 - - 2 2
602 2 Block 23 - 6 4 10
600 603 2 Block 24 - 6 4 10
604 3 Block 25 - 4 8 12
TOTAL - 17 22 39
A comparison of the proposed amendment against the current approval is provided in the table below:-
Criteria NDN Approval Minor Change Approval Proposal
(20 December, 2017) (18 February, 2018) (November, 2018)
Population 118 persons 94.8 persons 113.4 persons
Density
Unit Mix Building 1 bed 2 bed 3 bed Building 1 2 3 bed Building 1 2 3 bed
bed bed bed bed
Block 23 - - 8 Block 23 - - 6 Block 23 - 6 4
Block 24 - - 8 Block 24 - - 6 Block 24 - 6 4
Block 25 - 3 7 Block 25 - - 10 Block 25 - 4 8
Block 26 - - 4 Block 26 - - - Block 26 - - -
Block 10 - - 2 Block 10 - - 2 Block 10 - - 2
Block 11 - 1 2 Block 11 - 1 2 Block 11 - 1 2
Block 12 - - 2 Block 12 - - 2 Block 12 - - 2
TOTAL 0 4 33 TOTAL 0 1 28 TOTAL 0 17 22
Gross Floor Building Gross Floor Area Building Gross Floor Area Building Gross Floor Area
Area Block 23 974m² Block 23 1,046m² Block 23 1,286.2m²
Block 24 974m² Block 24 1,032m² Block 24 1,112.4m²
Block 25 1,178m² Block 25 1,440m² Block 25 1,112.2m²
JFP Ref: M2652/E2 Page 3
Page 4
Criteria NDN Approval Minor Change Approval Proposal
(20 December, 2017) (18 February, 2018) (November, 2018)
Block 26 416m² Block 26 - Block 26 -
Block 10 352m² Block 10 352m² Block 10 352m²
Block 11 473.5m² Block 11 473.5m² Block 11 473.5m²
Block 12 352m² Block 12 352m² Block 12 352m²
Shed - Shed 24m² Shed 21m²
TOTAL 4,719.5m² TOTAL 4,719.5m² TOTAL 4,717.3m²
Site Cover 29.8% 27.9% 27.9%
Landscaping 6,181sqm or 52.3% 6,597sqm or 55.9% 6,029m² or 51.1%
Car parking Building Resident Visitor Building Resident Visitor Building Resident Visitor
Block 23 16 - Block 23 12 - Block 23 20 3
Block 24 16 3 Block 24 12 3 Block 24 16 4
Block 25 20 3 Block 25 20 3 Block 25 24 4
Block 26 9 1 Block 26 - - Block 26 - -
Block 10 4 - Block 10 4 - Block 10 4 -
Block 11 5 - Block 11 5 - Block 11 5 -
Block 12 4 - Block 12 4 - Block 12 4 -
TOTAL 74 13 TOTAL 57 11 TOTAL 73 14
The list of approved drawings to be updated to incorporate the following plans (nb. plans to be deleted highlighted
by strikethrough text):
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 12-10-17
7043-DA04 08 SITE PLAN by Blackburne Jackson Design 12-10-18
7043-DA05 12 SITE SECTIONS by Blackburne Jackson Design 12-10-18
7043-DA06 01 SITE SECTIONS 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 09 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 05 FIRE AND EVACUATION MANAGEMENT PLAN by Blackburne Jackson Design 12-10-18
7043-DA30 04 HEIGHT PLANE PROJECTIONS by Blackburne Jackson Design 12-10-18
7043-DA31 13 HEIGHT PLANE PROJECTIONS by Blackburne Jackson Design 12-10-18
7043-DA32 02 OVERALL STAGING PLAN by Blackburne Jackson Design 12-10-18
7043-DA40 03 HEIGHT PLANE PROJECTIONS ABOVE PROPOSED 12-10-18
FINISHED GROUND by Blackburne Jackson Design
JFP Ref: M2652/E2 Page 4
Page 5
Plan No. Rev. Plan/Document Name Date
7043-DA50 02 SITE MAINTENANCE SHED: PLAN, ELEVATION & 12-10-18
SECTION by Blackburne Jackson Design
Approved Plans (Strikethrough are plans which are Superseded by the above drawings)
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 26-06-17
Blackburne Jackson Design
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 12-10-17
FINISHED GROUND by Blackburne Jackson Design
7043-DA50 01 SITE MAINTENANCE SHED: PLAN, ELEVATION & 12-10-17
SECTION by Blackburne Jackson Design
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 12-10-17
by Blackburne Jackson Design
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
JFP Ref: M2652/E2 Page 5
Page 6
Plan No. Rev. Plan/Document Name Date
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 19/04/16
Engineers
15128/SK11 A2 Concept Siteworks and Drainage Layout Plan –Sheet 1, prepared by Morgan 19/04/16
Consulting Engineers
15128/SK12 A2 Concept Siteworks and Drainage Layout Plan – Sheet 2, prepared by Morgan 19/04/16
Consulting Engineers
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
2.3 Changes to Conditions
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):
Condition 2
Update table to include the amended architectural drawings as detailed under s2.2 above.
Condition 3
It is requested that this condition be updated to reflect the proposed new unit mix, as well as the compliance with
density requirements now being achieved, and be amended to read:-
3 The approved development comprises a total of 1 17 x 2 bedrooms and 28 22 x 3 bedroom units, subject to
compliance with the further requirements of Condition 4.
Condition 31
It is requested that this condition be amended to reflect proposed changes to car parking numbers that result as a
consequence of the proposed changes to the unit mix and type. We request that this condition be amended to
read:-
31 A minimum of 68 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:
a. 8 13 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at
all times for visitor use.
b. Crossfalls, gradients and vehicle headroom in accordance with Australian Standard AS2890: Parking
Facilities.
c. The minimum number of parking spaces as indicated on the approved plans for each of the buildings in
the particular Stage.
JFP Ref: M2652/E2 Page 6
Page 7
3.0 ASSESSMENT AGAINST PROVISIONS OF PLANNING ACT 2016
Further to the provisions of s78 (1) of the PA2016, and in accordance with Schedule 2 of the PA2016, it is
recognised that a “minor change” is defined as follows:-
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.
With regard to the above, we can confirm that the proposed changes constitute a “minor change”. In this regard,
the following comments are provided:-
The proposed changes will not result in a substantially different development (refer Section 3.1 below for
further discussion).
If the application for the proposal were remade including the change, it would not:
o Facilitate the introduction of prohibited forms of development ;
o Require referral to new additional referral agencies;
o Vary the level of assessment, recognising that the original application was subject to impact
assessment.
On the basis of the above, we contend that this application meets the definition of a minor change.
3.1 Assessment of Substantially Different Development
Schedule 1: Substantially different development of the Development Assessment Rules (Version 1.1 dated 11
August 2017) provides guidance on determining if a proposed change to a development approval results in a
substantially different development.
Although it depends on the individual circumstances of the development, the Development Assessment Rules
provides a list of changes that may result in substantially different development. These criteria are provided below,
along with an assessment of how the proposal meets each requirement.
JFP Ref: M2652/E2 Page 7
Page 8
1. The proposed changes do not involve a new use.
Comment: The overall development is retained as an integrated multiple dwelling development, now
comprising 39 dwelling units. No new buildings are proposed with the changes relating to unit mix and
numbers are located within the built form of Blocks 23, 24 and 25. There are no new uses proposed that
would create different or additional impacts.
The proposed amended development is therefore not anticipated as having different or additional impacts
to that which has previously assessed and determined as appropriate.
2. The proposed changes do not result in the application applying to a new parcel of land.
Comment: The proposed changes relate to the Blocks 23, 24 & 25 and do not result in the application
applying to a new parcel of land.
3. The proposed changes do not dramatically change the built form in terms of scale, bulk and appearance.
Comment: Built form does not substantially differ from the existing approval, with buildings sited and
oriented in similar locations. Likewise, individual building footprints do not change significantly as a
consequence of the proposed changes.
4. The proposed changes do not change the ability of the proposal to operate as intended.
Comment: The proposed changes will not affect the ability of the proposal to operate as intended i.e. as
an integrated residential community.
5. The proposed changes do not remove a component that is integral to the operation of the development.
Comment: The proposed changes do not seek to remove any components from the previous permissible
change approval. Instead, the changes seek to facilitate a change to the mix of unit product within Blocks
23, 24 and 25 to the allowable density of 100 persons per hectare and of a similar nature as the original
approval.
6. The proposed changes do not significantly impact on traffic flow and the transport network, such as
increasing traffic to the site.
Comment: As demonstrated in the response to point 1. above, the proposed changes to unit product and
numbers are not anticipated as generating significant impacts on traffic flow or the existing road network
beyond what was already anticipated under the original development approval.
JFP Ref: M2652/E2 Page 8
Page 9
7. The proposed changes do not introduce new impacts or increase the severity of known impacts.
Comment: The proposed changes do not introduce any new impacts or increase any known impacts in
relation to environmental values, bushfire hazard or landslide risk, nor visual impacts beyond that which
was already anticipated and addressed under the existing development approval.
8. The proposed changes do not remove an incentive or offset component that would have balanced a negative
impact of the development.
Comment: The proposed changes do not remove any incentive or offset component that was considered
under the existing development approval.
9. The proposed changes do not impact on infrastructure provision, location or demand.
Comment: As demonstrated in the response to point 1. above, the proposal complies with the provisions of
the planning scheme and as such, is not anticipated as having any increased demand on infrastructure to
the existing approval, which has been approved to the allowable density of 100 persons per hectare.
4.0 CONCLUSION
The proposed changes to Precinct E2, Noosa Springs are considered to meet the test of “minor change” under the
Planning Act 2016 and will not result in substantially different development to the existing approval. The changes
are limited in scope to minor redesign of buildings, changes to product mix including an increase in 2 bedroom
units and an increase in car parking numbers. The proposal will continue to function as an integrated residential
facility.
We would welcome the opportunity to meet with Council to further discuss the proposed changes if necessary.
Should you require any further information or wish to arrange a meeting, please contact our office on (07) 5450
3900.
Yours faithfully,
GRAEME BEWS
Associate Director – Planning and Urban Design
JFP URBAN CONSULTANTS PTY LTD
ENCL: Amended Architectural Drawings prepared by Blackburne Jackson Design
CC: Altum Constructions
JFP Ref: M2652/E2 Page 9
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