Minor Change Council Report MCU16 0143.01

mcu16/0143.01 request to change a development approval for multiple housing type 4 – conventional at 12 and 14 serenity close, noosa heads

Document information

Author	Coordinator – Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU16/0143.01

Attachments	1. 	Summary of proposed plans
2. 	Summary of approved plans

APPLICATION DETAILS
Application No.	MCU16/0143.01
Development Approval	Development Permit for Material Change of Use of Premises - Multiple housing Type 4 Conventional - 37 units
Applicant	CBD Settlers Cove Pty Ltd
Request Received On	23 February 2018

PROPERTY DETAILS
Property Address	12 Serenity Close Noosa Heads 14 Serenity Close Noosa Heads
RP Description	Lot 7 SP 195871 Lot 8 SP 195871
Land Area	6873 Square Metres 6573 Square Metres
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Attached Housing and Open Space Conservation Zone
Overlays	Biodiversity Overlay - Riparian Buffer and Environmental Enhancement Area Natural Hazard Overlay – Slide Hazard, Bushfire and High Potential Acid Sulphate Soils
Assessment Type	Minor Change to Development Approval

RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 8 May 2018 regarding Application No. MCU16/0143.01 to make a minor change to an existing approval for Development Permit for Material Change of Use of Premises - Multiple Housing Type 4 Conventional - 37 units situated at 12 and 14 Serenity Close Noosa Heads and:
A.	Approve the change.
B.	Amend condition 2 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 unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DA 4A-4B- 100-B1	C	Site Plan - Basement – Arkhefield	06.04.2018
DA 4A-4B- 100-L1	E	Site Plan – Level 1 – Arkhefield	06.04.2018
DA 4A-4B- 100-L2	C	Site Plan – Level 2 – Arkhefield	06.04.2018
DA 4A-4B- 100-L3	C	Site Plan – Level 3 – Arkhefield	06.04.2018
DA 4A-4B- 100-L4	C	Site Plan – Level 4 – Arkhefield	06.04.2018
DA 4A-4B- 100-R1	C	Site Plan - Roof – Arkhefield	06.04.2018
DA-4A- 200-B1	C	4A Basement Plan – Arkhefield	06.04.2018
DA-4A- 200-L1	C	4A level 1 Plan – Arkhefield	06.04.2018
DA-4A- 200-L2	C	4A Level 2 Plan – Arkhefield	06.04.2018
DA-4A- 200-L3	C	4A Level 3 Plan – Arkhefield	06.04.2018
DA-4A- 200-L4	C	4A Level 4 Plan – Arkhefield	06.04.2018
DA-4A- 210-R1	C	4A Roof Plan – Arkhefield	06.04.2018
DA-4A- 300-01	D	4A Southern Elevation – Arkhefield	06.04.2018
DA-4A- 300-02	D	4A Northern Elevation – Arkhefield	06.04.2018
DA-4A- 300-03	C	4A Eastern Elevation – Arkhefield	06.04.2018
DA-4A- 300-04	C	4A Western Elevation – Arkhefield	06.04.2018
DA-4A- 400-01	C	4A Building Section – Arkhefield	06.04.2018
DA-4A- 590-01	C	Pavilion - Gym & BBQ 01– Arkhefield	06.04.2018
DA-4A- 590-02	C	Pavilion – Spa and Entry– Arkhefield	06.04.2018
DA-4B- 200-B1	C	4B Basement Plan – Arkhefield	06.04.2018
DA-4B- 200-L1	C	4B level 1 Plan – Arkhefield	06.04.2018
DA-4B- 200-L2	C	4B Level 2 Plan – Arkhefield	06.04.2018
DA-4B- 200-L3	C	4B Level 3 Plan – Arkhefield	06.04.2018
DA-4B- 200-L4	C	4B Level 4 Plan – Arkhefield	06.04.2018
DA-4B- 210-01	B	4B Roof Plan – Arkhefield	06.04.2018
DA-4B- 300-01	C	4B Southern Elevation – Arkhefield	06.04.2018
DA-4B- 300-02	C	4B Northern Elevation – Arkhefield	06.04.2018
DA-4B- 300-03	C	4B Eastern Elevation – Arkhefield	06.04.2018
DA-4B- 300-04	C	4B Western Elevation – Arkhefield	06.04.2018
DA-4B- 400-01	E	4B Building Section – Arkhefield	17.04.2018
DA-4B- 590-01	B	4B Ancillary Building – Arkhefield	20.02.2018
2017008-000	1	Stage 4A and 4B Landscape Masterplan – place design group	05.04.2018
C.	Delegate the powers of Council under the Planning Act 2016 for minor change applications for this development to the Chief Executive Officer; and
D.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks approval to change an existing development approval for the approved development at 12 and 14 Serenity Close, Noosa Heads. The changes primarily relate to a changed external appearance. The applicant has advised that the key changes to the plans include:
Alterations to external appearance of the building including additional articulation through revised deck arrangements;
Alteration to roof form;
Alterations to internal unit layout;
Increased balcony areas and new ground level planters;
Reduced width of buildings;
Alterations to basement including removal of courtyards and additional tandem spaces;
Alterations to side boundary setbacks;
Improved grading and softening of landscape terraces to the west; and
Revised landscape recreation areas including relocation of gymnasium to pool area and increased BBQ Pavilion for stage 4A.

The current proposal reduces the maximum building height of building 4A from 15.84 metres to 15.74 metres and also amends the areas of the building which are in excess of 15 metres. The maximum height of building 4B is reduced from 15.525 metres to 15.49 metres.
It is noted that plans also include additional encroachment by the basement into the 6 metre rear setback.
Accordingly the applicant seeks a change to Condition 2 of the approval which details the set of the approved plans. It is proposed to replace the entire set of plans prepared by Blackburne Jackson with proposal plans prepared by Arkefield.
The following images detail the subject site and surrounding locality:

Figure 1: Aerial photograph of the subject site and surrounding locality

Figure 2: Aerial photograph of the subject site

Figure 3: Applicable planning zones
A copy of the proposed site and elevation plans is included below; additional plans are detailed in Attachment 1.

Figure 4: Proposed site plan

Figure 5: Proposed eastern and western elevations

Figure 6: Proposed western perspective including landscaping

Figure 7: Existing eastern and western elevations

background
A development approval for a Material Change of Use of Premises - Multiple housing Type 4 Conventional - 37 units was issued on 15 June 2017.
The approval provided for a four storey development in two buildings with a common access over the two lots. Setback and height relaxations were granted. A summarised version of the approved plans is provided in Attachment 2.
The site forms part of the Settlers Cove Master Planned Community and the lots have both been approved for unit developments since March 2005. These previous approvals included design concessions in terms of setbacks and building height over the sites.
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 change would not result in substantially different development as the use remains the same as that approved and the scale and bulk of the development remains generally consistent with the current approval. There are no new uses proposed that would create different or additional impacts;
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; and
the proposed changes do not vary the level of assessment with the original development application impact assessable;
assessment
Given that the current application was approved in June 2017, there are no significant changes in the matters that applied when the development application was initially assessed compared to current requirements.
The applicable planning instruments that Council must have regard to are:
State Planning Regulatory Provisions;
State Planning Policies; and
2006 Noosa Plan.
The original approval was considered consistent with the higher order State Regulatory Provisions and Planning Policies. The proposed design modifications will not substantially change the existing approval and are still consistent with the higher order provisions.
The application was assessed under the 2006 Noosa Plan. There have been no significant changes to this planning scheme relevant to the application since the original approval issued in 2017.
Plans
A comparison of the proposal against the provisions of the current Noosa Plan and the existing 2017 approval is detailed in the table below:
Noosa Plan 2006	Proposal – revised plans	Proposal Compliance	Existing Approval 2017
Population density – 250 persons/ha = maximum population of 246.32 persons Based on Attached Housing zone area: Lot 7- 5185m2 Lot 8 - 4668m2 Total		9853m2	122.1 persons (37 x 3 bedroom units)	Complies	122.1 persons (37 x 3 bedroom units)
Gross Floor Area – max pop x 40 = 9852.8m	9250m2	Complies	9277m2
Site cover - 40% = 3941.2 m2	33%	Complies	35.7m2
Landscaping - 3663m2 60% soft landscaping	5994m2 4215m2	Complies Complies	>3700m2
Roof form - 5 degree minimum pitch and 600 mm eaves	Roof pitch ranging from 2 – 9.10 degrees. Eaves provided	Variation	4% roof pitch Eaves provided
Boundary setbacks Frontage -6.0m Northern Side – half building height Southern Side - half building height Rear – 6.0m	Complies Areas of non-compliance similar to approved setbacks Complies - minor basement encroachment as approved previously	Variation	Complies 3.87m to 7.6 metres Greater than 6.0m, minor basement encroachment
Building Height • in storeys - 4 storeys max • in metres - 15 metres max	4 storeys 15.74 metres	Complies Variation	4 storeys 15.84 metres
Length of wall • 15 metres with one design element • variation in roof forms • segmented balconies	• complies • variation in roof forms • segmented balconies	Complies	• complies • variation in roof forms • segmented balconies
Carparking - 2 covered space per dwelling unit and 1 space per 4 dwelling units for visitor parking	No change from original approval		Complies

Roof pitch
The revised plans detail a revised roof pitch of 2 degrees for the main roof form with secondary roof lines of up to 9 degrees. The 2017 approved plans detail and approved a 4 degree main roof pitch.
The revised roof form will not be imposing to the surrounding area and maintains variation through different roof lines. Due to the overall height of the building, variation of the balconies, multiple roof and eave lines the reduced roof pitch does not detract from the character of the area or building.
Height
Council has previously agreed to relaxations on the site for height on the basis that the sites slope down from the road and the buildings are set down below the road and are not visible to the surrounding area. The revised plans reduce the maximum height of the building from 15.84 meters to 15.74 metres whilst also changing the areas of encroachment over 15 metres.
It is noted that encroachment is generally located to the centre of the building and will not be readily visible. The project architect details that:
The overall encroachment is the same if not less.
The encroachment areas have not been increased they have been moved.
The encroachment has been pulled away from the street to reduce the visual impact.
The portion at the middle of the roof, is on a clerestory roof that is generally less visible than the primary roof.
The following images and table provide a comparison of the intrusion above the 15 metre limit for the existing approval and the current proposal for building 4A.

Figure 8: Approved building 4A – height blanket

Figure 9: Proposed building 4A – height blanket

Table 1: Comparison of points of intrusion above 15 metre height limit

The following images demonstrate that the maximum height of building 4B has slightly decreased with the total area of roof form above 15 metres being consistent with the original approval.

Figure 10: Approved building 4B – height blanket

Figure 11: Proposed building 4B – height blanket
The minor changes to the areas of encroachment are considered negligible, particularly as both the buidlings have decreased in overall height and that a signiicant area of the encroachment for building 4A has been moved from the perimter of the building. Furthermore an amended building form which indroduces an amended external building appearance and increased articulation through the amended deck arrangments provides for a building of visual interest.
It is noted that the buildings are approximately 5 and 6.5 metres lower than the exsting building on the adjoinign property at 10 Serenity Close.
Based on the above the alterations to the building height are supported.
Setbacks
As part of the refinement of the proposal plans the applicant has revised the side boundary setbacks in relation to height. The areas of non-compliance are still minor and reflective of the existing approved setbacks while still providing sufficient area for landscaping and building separation.
The applicant has provided the following grounds in support of the proposed changes:
there are no significant changes to the built form in terms of scale, bulk and appearance,
there is no increase in the number of units or population density of the development;
the building design is consistent with the character of the area,
there are no changes in traffic generation and therefore no additional impacts on the existing driveway access;
the areas of non-compliance are minor and are consistent with the current approvals relevant for the site;
the proposed changes are consistent with the existing development conditions;
and the revised plans provide a building with greater articulation and usable landscaped areas.
The applicant’s grounds are generally supported and it is also noted that as per the original variations provided that the reduced setbacks will not result in amenity loss or a negative impact on the streetscape.

The application also seeks a further intrusion for the basement of building 4B into the 6 metre setback to the vegetated Private Open Space for Conservation and Waterways Protection (POSCWP) land to the west. The following images detail the additional area of minor intrusion:

Figure 11: Basement plan for building 4B – POSCWP encroachment

Figure 12: Part basement plan for building 4B – POSCWP encroachment

The proposal seeks to vary the 6 metre setback to the rear POSCWP by intruding into the setback between 969mm and 1.28 metres. This relates to a small section of the basement which protrudes above the ground. Predominantly the proposal accords with the rear setback requirement and will not result in the removal of vegetation. The variation does not cause conflict with the bushfire requirements. The setbacks are considered to meet the Specific Outcomes of the Noosa Heads Locality Code and will not negatively impact upon the streetscape of Serenity Close or adjoining properties.
conclusion & reasons for decision
The application seeks to make changes to the form of the development with the number of dwellings and the density remaining the same as the original approval. Whilst the proposed changes result in minor variation to the roof pitch, change to the area of roof which encroaches above the 15 metre height limit, and minor variations to existing setback variations, the development remains generally consistent with the existing approval. No concerns are raised with respect to the reduced setbacks or the building height which is consistent with previous approvals for the sites and approved development on an adjoining allotment. The proposed buildings are setback in accordance with the conditions of the lot reconfiguration from the Private Open Space area with the exception of a small area of basement on Lot 8. There are no issues with regards to Gross Floor Area and Site Cover.
It is therefore recommended that the application be approved.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			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 MAY 2018

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LOCATION | 15/05/17
A 15.540
B 15.490
c 15.805,
D 15.225,
—& 15.250
F 15.210
Ss 15.530
H 15.845,
1 14.200

AVERAGE 15.411

 

 

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