Letter for other change.pdf

Page 2

 “Adamson Town Planning, specialising in providing higher order town planning
 advice”




While the proposal plans for the extension to the clubhouse were provided with the original
application material, this aspect has never formed part of the application, but was included to
be open and transparent about the proposed integrated development.

The application material states that the proposed 105m² floor area extension to the existing
clubhouse would be obtained by undertaking a change to the current development approval
17380DA, which provides for a material change of use for a Country Club including Golf
Clubhouse, Health Club and Tennis Centre. It was originally intended to change the current
development approval once the approval for the “Boutique Hotel” was obtained; however, it
has now been decided to include this component as part of the current application.

During the assessment of the application, the application was changed in response to the
information requests made and in response to some of issues raised in the submissions.
Consequently, the application is now for a development permit for a material change of use
for the following:

    •   Resort complex comprising 106 units; and
    •   Ancillary Bar and Food and drink outlet; and
    •   Outdoor sport and recreation (4 x tennis courts); and
    •   Club - minor extension to existing clubhouse.

Attached is an amended Form 1 – Application Details to include the Club use and to reflect
the current development proposal.

The proposed uses for the proposed “Boutique Hotel” (Resort complex) includes the ancillary
café and bar necessarily associated with the hotel, to be used primarily by guests staying at
the resort as has always been the case. Further, the development will be integrated with the
existing onsite facilities including the clubhouse (and golf course), restaurant, day spa and
gymnasium. There is no change to any other aspect of the development application already
made.

The change being made to the application facilitates the expansion of the existing clubhouse
facilities to cater for the increased demand generated by the proposed hotel development.
This necessitates the expansion of the existing kitchen, food storage and preparation and
waste areas as shown in Attachment 1. This change results in a new use being included with
the application and is defined as a Club (discussed below).

Development Assessment Rules

Pursuant to section 25.1 of the Development Assessment Rules (DAR) the applicant gives notice
of a change before the application has been decided. It is noted that under section 25.1(a) the
assessment manager is required to give a copy of the notice to each referral agency for the
original application. The change does not trigger a referral to additional referral agencies.


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“Adamson Town Planning, specialising in providing higher order town planning ?

, Adamson
advice

Town Planning

While the proposal plans for the extension to the clubhouse were provided with the original
application material, this aspect has never formed part of the application, but was included to
be open and transparent about the proposed integrated development.

The application material states that the proposed 105m? floor area extension to the existing
clubhouse would be obtained by undertaking a change to the current development approval
17380DA, which provides for a material change of use for a Country Club including Golf
Clubhouse, Health Club and Tennis Centre. It was originally intended to change the current
development approval once the approval for the "Boutique Hotel” was obtained; however, it
has now been decided to include this component as part of the current application.

During the assessment of the application, the application was changed in response to the
information requests made and in response to some of issues raised in the submissions.
Consequently, the application is now for a development permit for a material change of use
for the following:

e Resort complex comprising 106 units; and

e Ancillary Bar and Food and drink outlet; and

e Outdoor sport and recreation (4 x tennis courts); and
e Club - minor extension to existing clubhouse.

Attached is an amended Form 1 — Application Details to include the Club use and to reflect
the current development proposal.

The proposed uses for the proposed “Boutique Hotel” (Resort complex) includes the ancillary
café and bar necessarily associated with the hotel, to be used primarily by guests staying at
the resort as has always been the case. Further, the development will be integrated with the
existing onsite facilities including the clubhouse (and golf course), restaurant, day spa and
gymnasium. There is no change to any other aspect of the development application already
made.

The change being made to the application facilitates the expansion of the existing clubhouse
facilities to cater for the increased demand generated by the proposed hotel development.
This necessitates the expansion of the existing kitchen, food storage and preparation and
waste areas as shown in Attachment 1. This change results in a new use being included with
the application and is defined as a Club (discussed below).

Development Assessment Rules

Pursuant to section 25.1 of the Development Assessment Rules (DAR) the applicant gives notice
of a change before the application has been decided. It is noted that under section 25.1(a) the
assessment manager is required to give a copy of the notice to each referral agency for the
original application. The change does not trigger a referral to additional referral agencies.

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16022 — Noosa Springs “Boutique Hotel”

Page 3

 “Adamson Town Planning, specialising in providing higher order town planning
 advice”




The change being made is not considered to be a minor change because the application
includes a new use.

Pursuant to section 26.1 of the DAR, the change being made:
   a) does not deal with a matter raised in a properly made submission; and
   b) is not in response to an information request; and
   c) is not in response to further advice provided by the assessing authority.

Consequently, the change being made is not a minor change, and part 27 of the DAR applies.
This being the case, under part 27.1 the assessment period stops and starts again from the
assessment manager’s confirmation period. Given the nature of the change, being for a
relatively minor increase to the clubhouse floor area and other internal modifications, this
change has no real bearing on the existing use of the clubhouse. It is not expected that there
would be a need to issue an information request but that could happen under section 27.2.

Under section 27.3, there would be no need to public notify the application again, given … the
change would not be likely to attract a submission objecting to the thing comprising the change
if public notification were to apply to the change (emphasis added). This is particularly the
case, given the use has been established on the land for many years and the proposed
expansion being minor comprising 105m², with other internal modifications to the existing
clubhouse.

In this instance, public notification of the change should not be required given the minor
nature of the change, despite the new use being included. This is particularly the case given
the proposal plans (Attachment 1) were included in the proposal plans for the original
application and discussed in the application material. The reason the plans were included was
to be open and transparent about the integrated development. Further, it is my understanding
that, while these plans were included with the original proposal plans, none of the submissions
received raised any concerns about the changes being made to the clubhouse.

Given the above, the application will start again from the beginning of the confirmation period.
The change being made will have no bearing on the matters to be considered by the State
Assessment Referral Agency (SARA) and does not raise new issues. The requirements of SARA
under the request for agreement to a changed referral agency response, dated 13 March 2023,
should remain unaltered.

Consideration of the Change

The proposed minor change to the existing clubhouse is defined as a club, which means, … the
use of premises for:

    a) an association established for social, literary, political, sporting, athletic or other similar
       purposes; or
    b) preparing and selling food and drink, if the use is ancillary to the use in paragraph (a)

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|

“Adamson Town Planning, specialising in providing higher order town planning

, Adamson
advice

Town Planning

The change being made is not considered to be a minor change because the application
includes a new use.

Pursuant to section 26.1 of the DAR, the change being made:
a) does not deal with a matter raised in a properly made submission; and
b) is not in response to an information request; and
c) is notin response to further advice provided by the assessing authority.

Consequently, the change being made is not a minor change, and part 27 of the DAR applies.
This being the case, under part 27.1 the assessment period stops and starts again from the
assessment manager's confirmation period. Given the nature of the change, being for a
relatively minor increase to the clubhouse floor area and other internal modifications, this
change has no real bearing on the existing use of the clubhouse. It is not expected that there
would be a need to issue an information request but that could happen under section 27.2.

Under section 27.3, there would be no need to public notify the application again, given ... the
change would not be likely to attract a submission objecting to the thing comprising the change
if public notification were to apply to the change (emphasis added). This is particularly the
case, given the use has been established on the land for many years and the proposed
expansion being minor comprising 105m, with other internal modifications to the existing
clubhouse.

In this instance, public notification of the change should not be required given the minor
nature of the change, despite the new use being included. This is particularly the case given
the proposal plans (Attachment 1) were included in the proposal plans for the original
application and discussed in the application material. The reason the plans were included was
to be open and transparent about the integrated development. Further, it is my understanding
that, while these plans were included with the original proposal plans, none of the submissions
received raised any concerns about the changes being made to the clubhouse.

Given the above, the application will start again from the beginning of the confirmation period.
The change being made will have no bearing on the matters to be considered by the State
Assessment Referral Agency (SARA) and does not raise new issues. The requirements of SARA
under the request for agreement to a changed referral agency response, dated 13 March 2023,
should remain unaltered.

Consideration of the Change

The proposed minor change to the existing clubhouse is defined as a club, which means, ... the
use of premises for:

a) anassociation established for social, literary, political, sporting, athletic or other similar
purposes; or
b) preparing and selling food and drink, if the use is ancillary to the use in paragraph (a)

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16022 — Noosa Springs “Boutique Hotel”

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 “Adamson Town Planning, specialising in providing higher order town planning
 advice”




The use is located within the Tourist Accommodation Zone (TAZ) (refer Figure 1).

Under the table of assessment (Table 5.5.4) for the TAZ a club is subject to impact assessment
and is listed as an inconsistent use. Despite this, the use has existed on the site for many years
and only became an inconsistent use when part of the land was included with the TAZ under
the Noosa Plan 2020.

It is noted that the subject land (Lot 4 on SP178340) was previously included in the Open Space
Recreation Zone under the Noosa Plan 2006 and was wholly contained in the town boundary
(or urban boundary as it is now known) but this was changed under the Noosa Plan 2020.
Further, the Noosa Springs clubhouse was specifically identified as a consistent use under
(Table 9.8). As a separate matter, it is noted that there are examples in other locations where
the urban boundary does not accord strictly with an urban zone under the Noosa Plan 2020.




Figure 1 – Extract of Zoning Plan (Source: Intramaps)

Given the minor nature of the change being proposed, which is for a 105m² of floor area for
the existing clubhouse, there are no town planning issues that arise from the change. This is
particularly the case given the split zoning on the land and the zoning of the adjoining golf
course, which is within the Recreation and Open Space. Further, a club use is a consistent, but
impact assessable use where on the subject land in the Recreation and Open Space Zone (refer
Table 5.5.16).

With respect to other matters, the proposed change to include the expansion of the clubhouse
does not raise any issues associated with noise or other impacts. Further, while technically the
expanded floor area is “use area” (as defined) it does not generate a need for additional


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&

Adamson
Town Planning

“Adamson Town Planning, specialising in providing higher order town planning
advice”

The use is located within the Tourist Accommodation Zone (TAZ) (refer Figure 1).

Under the table of assessment (Table 5.5.4) for the TAZ a club is subject to impact assessment
and is listed as an inconsistent use. Despite this, the use has existed on the site for many years
and only became an inconsistent use when part of the land was included with the TAZ under
the Noosa Plan 2020.

It is noted that the subject land (Lot 4 on SP178340) was previously included in the Open Space
Recreation Zone under the Noosa Plan 2006 and was wholly contained in the town boundary
(or urban boundary as it is now known) but this was changed under the Noosa Plan 2020.
Further, the Noosa Springs clubhouse was specifically identified as a consistent use under
(Table 9.8). As a separate matter, it is noted that there are examples in other locations where
the urban boundary does not accord strictly with an urban zone under the Noosa Plan 2020.

    

Figure 1 — Extract of Zoning Plan (Source: Intramaps)

   

Given the minor nature of the change being proposed, which is for a 105m? of floor area for
the existing clubhouse, there are no town planning issues that arise from the change. This is
particularly the case given the split zoning on the land and the zoning of the adjoining golf
course, which is within the Recreation and Open Space. Further, a club use is a consistent, but
impact assessable use where on the subject land in the Recreation and Open Space Zone (refer
Table 5.5.16).

With respect to other matters, the proposed change to include the expansion of the clubhouse
does not raise any issues associated with noise or other impacts. Further, while technically the
expanded floor area is “use area” (as defined) it does not generate a need for additional

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16022 — Noosa Springs “Boutique Hotel”

Page 5

 “Adamson Town Planning, specialising in providing higher order town planning
 advice”




parking. The matter of carparking has already been considered by the traffic experts, who
agree there is more than adequate parking provided for the integrated development.

In the circumstances, there are no town planning consequences that would result from the
change.

Please advise if you have any concerns about the change being made to the proposal.

Yours faithfully


Shane Adamson
Shane Adamson (BEngTech, GDURP, MPIA, MQELA)
Town Planning Specialist
Director - Adamson Town Planning Pty Ltd




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16022 – Noosa Springs “Boutique Hotel”


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KR |

“Adamson Town Planning, specialising in providing higher order town planning

, Adamson
advice

Town Planning

parking. The matter of carparking has already been considered by the traffic experts, who
agree there is more than adequate parking provided for the integrated development.

In the circumstances, there are no town planning consequences that would result from the
change.

Please advise if you have any concerns about the change being made to the proposal.

Yours faithfully

Shane Aedamsou

Shane Adamson (BEngTech, GDURP, MPIA, MQELA)
Town Planning Specialist
Director - Adamson Town Planning Pty Ltd

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16022 — Noosa Springs “Boutique Hotel”