Minor Change Council Report MCU18 0009.01

MCU18/0009.01 - MINOR CHANGE TO DEVELOPMENT APPROVAL FOR Material Change of Use - Multiple Housing –Type 3 Retirement & Special Needs AT 186 COOROY-NOOSA ROAD TEWANTIN
Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development

Index	ECM/Application/MCU18/0009.01

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Application No.	MCU18/0009.01
Development Approval	Material Change of Use - Multiple Housing –Type 3 Retirement & Special Needs
Applicant	Noosacare Inc
Request Received On	10 April 2019

PROPERTY DETAILS
Property Address	186 Cooroy Noosa Rd Tewantin Qld 4565
RP Description	Lot 2 RP 177554
Land Area	4.4 hectares
Existing Use of Land	Multiple Housing - Type 3 Retirement and Special Needs

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Tewantin and Doonan
Zone	Community Services
Overlays	Biodiversity Overlay: Environment Protection Area Natural Hazard Overlay: Bushfire Hazard and Acid Sulfate 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 9 July 2019 regarding Application No. MCU18/0009.01 to make a minor change to an existing approval for Material Change of Use - Multiple Housing –Type 3 Retirement & Special Needs situated at 186 Cooroy Noosa Rd Tewantin and:
A.	Approve the change and amend conditions 1, 6, 26 and 36 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 unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A101A		Existing Part Site Plan by Middap Architecture	Feb 2019
A102A		Proposed Site Works Plan by Middap Architecture	Feb 2019
A103B	B	Proposed Building Plan by Middap Architecture	Feb 2019
A104B	B	Site Plan with Section and Elevation References by Middap Architecture	18.03.2019
A105B	B	Site Elevations by Middap Architecture	18.03.2019
A106B	B	Typical Villa Sections by Middap Architecture	18.03.2019
A201B	B	Villas and Service Core Floor and Roof Plan by Middap Architecture	18.03.2019
A202B	B	Proposed Villas and Service Core 3D Views by Middap Architecture	18.03.2019
A203A		Proposed Entry Building Floor and Roof Plan by Middap Architecture	18.03.2019
A204A		Proposed Entry Building Elevations and 3D Views by Middap Architecture	18.03.2019
A205B	B	Proposed Villa 1 and 2 Floor and Roof Plan by Middap Architecture	18.03.2019
A206B	B	Proposed Villa 1 and 2 Elevation and 3D Views by Middap Architecture	18.03.2019
A207A		Proposed Villa 3 and 4 Floor and Roof Plan by Middap Architecture	18.03.2019
A208A		Proposed Villa 3 and 4 Elevation and 3D Views by Middap Architecture	18.03.2019
A maximum building height of 2 storeys and 9.30 metres for Villas 1 and 2 and 9.75 metres for Villas 3 and 4 in accordance with the approved plans. The Entry Building must not exceed 2 storeys and 8.0 metres.
All works must be constructed and work procedures undertaken in accordance with:
The approved plans, the approved amended plans and the conditions detailed in this Decision Notice.
The document ‘Proposed Cartwright Village Extension – Carramar, Noosa Care Integrated Water Management Plan Version 4 by Callaghan & Toth dated June 2019.
The document ‘Noosa Care Inc Cartwright Village Extension Carramar, Cooroy Noosa Road, Tewantin Preliminary Design of Stormwater Detention Volume’ by BSM dated 21 December 2017.
The document ‘Flood Study Noosa Care – Carramar’ by Cardno dated 24 July 2017.
The Addendum Letter by Cardno (document number WE17064) dated 23 March 2018.
The Technical Memorandum by Cardno (ref WE17064_Carramar_TM01) dated 27 September 2018.
A minimum Finished Floor Level (FFL) of the Aged Care Facility and any associated facilities at 8.80m AHD.
A minimum Finished Floor Level (FFL) of the Independent Living Units of 8.80m AHD.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines are to be adhered to.
Prior to obtaining a Development Permit for Operational Works the land area identified as being to the east of the proposed wetland fence on Middap Architecture Pty Ltd - Plan A102A (Proposed Site Works Plan February 2019) be dedicated to Council in fee simple on trust for the purpose of an Environmental Park.
The land to be dedicated is “non-trunk infrastructure” for the purposes of the Planning Act 2016.
B.	Rectify item 9 within the Decision Notice to reflect that a further Development Permit for Material Change of Use is not required.
C.	Include the following additional conditions:
Privacy screening to the northern elevation as detailed on the approved plans must be designed and maintained to ensure that there is no overlooking into the adjoining residential properties.
All elements of the approved Integrated Stormwater Management Plan system must be maintained in accordance with the Water by Design, Maintaining Vegetated Stormwater Quality Treatment Assets or manufacturer’s maintenance protocol where appropriate.
Stormwater management measures must be maintained in accordance with this approval and a contract by an appropriate company to undertake maintenance in accordance with this approval for a minimum 10 years must be signed and provided to Council prior to the commencement of use.
D.	Delegate the powers of Council under the Planning Act 2016 for minor change applications for this development to the Chief Executive Officer.
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 an existing development approval for Multiple Housing - Type 3 Retirement and Special Needs.
The applicant advises:
The applicant has now further reviewed the viability of the project and the overall operations and due to the costs of construction now seeks to change the existing approval and reduce the number of buildings on site and provide the additional beds through the inclusion of an additional storey on two buildings at the rear of the site. The previously approved buildings at the front of the site over the carpark are to be deleted.
The proposed changes include:
Two storey dementia buildings at the rear of the site for 32 beds;
Revised entry building at front of site;
Deletion of approved buildings over front carparking area;
6 new carparking spaces within the front carpark;
All buildings located above the Q100 flood line; and
All buildings consistent with fire management recommendations.
The proposed changes require consequential amendments to conditions 1, 6, 26, 36 and rectification of item 9 within the Decision Notice.
The minor change application is before Council as the Development Permit was originally determined by Council. The subject site is detailed in the following images.

Figure 1: Locality Plan

Figure 2: Subject site
background
The site was originally gifted from Noosa Shire Council to Noosa Care Incorporated in 1975 for the purposes of providing aged care.
A substantial development known as ‘Carramar Noosa Homes’ is currently located on the site. The complex has been operating over a number of years with several extensions progressively being added to the facility. The existing development consists of 142 residential rooms containing one bed, including a special care dementia building containing 32 rooms, and ancillary features including a community centre, staff building and administration building, which the applicant advises amounts to 9093m2 in gross floor area and approximately 19% site cover.
A Preliminary Approval for a Material Change of Use Multiple Housing Type 3 Retirement and Special Needs was issued 21 August 2018. The original application was for an additional 48 beds in 6 accommodation villas. The Preliminary Approval was issued due to the identification of development constraints related to the habitat of the threatened Swamp Crayfish, flooding, wetland vegetation and car parking.
The applicant suspended the appeal period on 31 August 2018 and made representations on 2 October 2018. The representations sought a Negotiated Decision Notice to change the decision type from a Preliminary Approval to a Development Permit for a Material Change of Use and amend conditions 1. The representations were approved on 15 November 2018 with an amended layout providing for an additional 32 beds in 4 accommodation villas.
Site Description
The site is an irregular shaped parcel of land and comprises an area of 4.43 hectares. The site slopes gently from the western boundary down to the eastern boundary towards a well vegetated watercourse which forms part of the open space system in the surrounding Noosa Parkland estate. This area is well vegetated with a range of melaleuca, casuarina and eucalypt species, with some limited areas of mown grass.  Land to the west, north and east is zoned for residential development and contains residential dwellings of one to two storeys. The eastern boundary adjoins parkland, with Wooroi State Forest located opposite the site on the southern side of Cooroy Noosa Road.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Tewantin and Doonan Locality Code
Residential Uses Code
Landscaping Code
Engineering Works Codes (including Driveways and Carparking Code)
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 number of rooms is remaining as originally approved;
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;
the original application was code assessable and the change does not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
Locality Provisions
The subject site is located in the Tewantin and Doonan Locality and is zoned Community Services. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The proposed residential aged care use will in part satisfy a significant need for aged care facilities within the Noosa region. It is also noted that there are limited opportunities of appropriately zoned land for the development of aged care facilities.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Plans
The following images depict the site plans of the approved development and the proposed changed development:

Figure 3 – Approved development layout

Figure 4 – Proposed development layout
The following table details the key development parameters:
Criteria	Planning Scheme	Proposal	Complies?
Site Area	-	4.43ha	N/A
Population density	320 persons per hectare max.	64.33 persons per hectare	
Gross floor area	56,704m2	Existing: 9,093 m2 Proposed: 2,800m2 Total: 11,893m2	
Site cover	N/A	Existing: 18.9% Proposed: 3.9% Total: 22.80%	N/A
Building height storeys metres	2 storeys max 8 metres	2 storeys 9.9 metres	X
Setbacks	Front: 6 metres Rear: 6 metres Eastern side: 4.25 metres	> 30 metres 6.5 metres 14 metres	
The layout of the development has been amended by removing the 2 villa units over the car park, repositioning the location of the entry building and developing 2 storey buildings to the rear of the site to accommodate the 4 villas and a service core.
The proposed new footprint complies with the requirements of the Bushfire Management Plan, maintains all development above the 1% AEP Q100 flood line and outside of the swamp crayfish habitat area.
The primary issue of the amended layout is the potential amenity impacts on the adjoining residential properties to the north of the double storey buildings. In this regard, the 6.5 metre setback of the buildings to the northern boundary remains consistent with the original approval and is compliant with the minimum 3.0 metre setback required by the planning scheme. This setback to the northern boundary is varied, increasing to at least 10 metres for both the building, which accommodates Villas 1 and 2, and the service core building. The setback provides the opportunity for landscaping to be provided between the buildings and the boundary. Concerns were raised with the applicant regarding the northern elevation particularly with regards to building bulk and the potential for overlooking. In response to these concerns the applicant amended the northern elevation by providing increased articulation and visual interest. The privacy concerns were addressed by the inclusion of screening to villas 1 and 2. It is recommended that the following additional condition be included to ensure that the privacy screening remains fixed:
Privacy screening to the northern elevation as detailed on the approved plans must be designed and maintained to ensure that there is no overlooking into the adjoining residential properties.
The following images detail the original and amended northern elevation:

Figure 5 – Northern elevation as originally proposed

Figure 6 – Northern elevation as amended
The original approval required that all buildings have a maximum height of 2 storeys and 8.0 metres, except for Villa 2 which may be 8.50 metres. Villa 2 on the original approved plans was situated above the existing car park to the front of the site. The current proposal maintains the 2 storey height limit but results in the buildings to the rear of the site exceeding 8 metres. The following table details the heights of these buildings:
Villa building	Extent of fill	Height to top of wall above natural ground level	Height to top of roof above natural ground level
Villa 1 and 2	1.10 metres	7.17 metres	9.30 metres
Villa 3 and 4	1.50 metres	8.11 metres	9.75 metres
The increased height is generally related to the extent of fill required for each building. The fill creates a platform for the new buildings which is consistent with the level of existing development on site to the west of the proposed buildings. The applicant advises….that the fill is required to provide a relatively level site for residents noting that many utilise walking frames or have stability issues. Minimising trip hazards such as stairs or significant changes in level is an important component of Carramar’s safety requirements.
Whilst the maximum height of the buildings require a significant variation to the 8.0 metre maximum building height permitted by the planning scheme, the variation does not result in the buildings dominating the street, surrounding spaces or the existing skyline. It is noted that approximately 900mm of the building height relates to the skylights which are centrally located and unlikely to be visible to surrounding properties. It is also noted that the applicant maintains compliance with the scheme requirements by providing a 7o roof pitch. It is recommended that the variation to the building height be supported and the relevant conditions be amended to reflect the amended plans.
Further, the amended layout has been reviewed by Council’s Environment Officer (water quality) who is satisfied with the revised Integrated Stormwater Management Plan on the basis that the following additional conditions be included which address the ongoing maintenance of the system.
All elements of the approved Integrated Stormwater Management Plan system must be maintained in accordance with the Water by Design, Maintaining Vegetated Stormwater Quality Treatment Assets or manufacturer’s maintenance protocol where appropriate.
Stormwater management measures must be maintained in accordance with this approval and a contract by an appropriate company to undertake maintenance in accordance with this approval for a minimum 10 years must be signed and provided to Council prior to the commencement of use.
Consequential changes to conditions
The amended plans require consequential changes to conditions 1, 6, 26(b) and 36. The changes generally relate to the amended list of plans, and conditions which make reference to plans which have been updated. The amendment to condition 6 relates to the increased height of the development. Furthermore Item 9 of the decision notice is to be rectified to remove the reference to the remnant requirement for a further Development Permit for Material Change of Use being required.
draft planning scheme
The draft Noosa Plan proposes to zone the site Community Facilities (Residential Care Facilities) and a future application would be subject to code assessment. The extent of site covered by the Biodiversity Overlay is proposed to be reduced, being more reflective of the existing vegetation cover. The flood hazard is consistent with Council’s current modelling.
cONSULTATION
Referral Agencies
No referrals were required to external referral agencies.
Other Referrals
The application was forwarded to the following internal Council specialists:
Environment Officer - Ecology
Environment Officer – Water quality
Development Engineer
conclusion & reasons for decision
The application seeks a minor change to an existing Development Approval for a Material Change of Use - Multiple Housing – Type 3 Retirement & Special Needs at 186 Cooroy-Noosa Road Tewantin. The changes modify the built form by deleting villas which were to be constructed above the car park to the front of the site, developing 2 storey buildings to the rear of the site and amending the siting and form of the entry building. The development footprint maintains compliance with the approval with regards to the Q100 flood level, habitat area for the swamp crayfish and bushfire management. The proposed changes result in building heights which exceed the Noosa Plan however these are supported as they will not result in a detrimental impact on surrounding properties or the streetscape and are necessitated by the proposed use. A number of changes to conditions are required as a consequence of the amended plans. It is recommended that new conditions be required in response to the updated Integrated Stormwater Management Plan and to protect the privacy of the adjoining residential properties.
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	x	Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	9 JULY 2019

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