Council archive · source document
Minor Change Report 132004 5744 13 [As Published] · 132004.5744.13
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner, Cameron Smith
Development Assessment
APPLICATION DETAILS
Application No. 132004.5744.13
Development Approval Development Permit for a Material Change of Use (Retirement
Community – 165 Dwelling/Accommodation Units and Ancillary
Facilities)
Applicant Noosa Domain Pty Ltd
C/- JFP Urban Consultants Pty Ltd
Request Received On 6 December 2024
Report Reviewed By G.Schramm 27.02.2025
Decision Due Date 18 January 2025
PROPERTY DETAILS
Property Address 35 Walter Hay Dr Noosaville
RP Description Lot 2 SP162077
Land Area 6.70Ha
Existing Use of Land Retirement Community
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential & Environmental Management
and Conservation
Precinct Not applicable
Local Area Plan Noosaville
Overlays Acid Sulfate Soils Overlay;
Bushfire Hazard Overlay;
Flood Hazard Overlay;
Landslide Hazard Overlay;
Biodiversity, Waterways and Wetlands Overlay.
Assessment Type Minor Change to Development Approval
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1. PROPOSAL
The applicant seeks approval to change to an existing development permit for a Material Change
of Use (Retirement Community – 165 Dwelling/Accommodation Units and Ancillary Facilities).
The proposal is for the construction of a maintenance/gardeners shed (the ‘proposed
development’) at 35 Walter Hay Drive, Noosaville (the ‘subject site).
The shed is proposed to be one single (oversized) bay in configuration, sized to be 6m long by 6m
wide and 3.329m in height. The shed being of minor nature only contributes 36m2 of site cover and
gross floor area (considered exempt from gross floor area in any regard). Setbacks proposed are
4.3m to Eenie Creek Road frontage to the south and 10.1m to the side boundary (east). The shed
will be accessed from an internal driveway only and no vegetation clearing is envisaged.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan(s)
Figure 3 – Shed Plan and Elevations
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2. BACKGROUND
The site obtained a Development Permit for a Retirement Community (169
Dwelling/Accommodation Units & Ancillary Facilities) that was issued on 15 December 2005. At
the time the original application was publicly notified, no submissions were lodged with Council.
There have been several other minor changes and generally in accordance amendments made
against the property since the original approval in late 2005. The latest change approval
development permit was issued on 28 June 2024 which sought to:
• Incorporate previous carparking changes made for ‘Building B’;
• Reconcile an additional 7 visitor spaces constructed outside of the original approval.
There are no other specific approvals which relate to the current application.
3. ASSESSMENT
3.1. 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; and
• Noosa Plan 2020 (25 September 2020).
3.2. 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 proposal does
not:
o involve a new use but instead assists in re-affirming the lawful use; or
o result in the application applying to a new parcel of land; or
o dramatically change the built form in terms of scale, bulk and appearance; or
o change the ability of the proposed development to operate as intended; or
o remove a component that is integral to the operation of the development; or
o significantly impact on traffic flow and the transport network, such as increasing traffic
to the site; or
o introduce new impacts or increase the severity of known impacts; or
• 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.
3.3. Statutory Instruments – Planning Scheme
The following codes from Noosa Plan 2020 are applicable to this development:
• Medium Density Residential Zone Code;
• Noosaville Local Plan Code;
• Special Residential Code;
• Works Codes.
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The original application was lodged and assessed under the 1990 Noosa Planning Scheme with
due weight given to the Noosa Plan 2006 as the draft scheme was at an advanced stage. The
Planning Act 2016 requires minor change applications to be assessed against the planning scheme
in effect at the time of the original application (1990 Planning Scheme), however Council may give
weight to the planning scheme in effect at the time of the minor change application being lodged
(Noosa Plan 2020 – v 25 September 2020).
The subject site was split zoned Semi-Attached Housing and Open Space Conservation, within
the Noosaville Local Plan under Noosa Plan 2006. Under Noosa Plan 2020, the site is zoned
Medium Density Residential and Environmental Management and Conversation, located in the
Noosaville Local Plan Area.
A Retirement Facility is a consistent use on this site under both planning schemes, however
extensions of the use into the Environmental Management and Conservation split zone is an
inconsistent use. This is discussed further below.
Environmental Management and Conservation Zoning
With the works located within the Environmental Management and Conservation Zone, the works
are assessable against the Zone Code:
PO1
The Environmental management and conservation zone primarily protects land identified
as ecologically important areas, water catchments, beach protection or coastal management areas
and land with historical or cultural values.
&
PO5
Development maintains the primary function of the zone and protects ecologically important areas,
water catchments, waterway connectivity, marine plants, beach protection and coastal
management areas and land with historical or cultural values.
Assessment:
The shed is a 6m x 6m x 3.329m shed which is to be sited in an area of gravel driveway. The
specific site has been selected so as to retain and protect the surrounding land subject to the
Environmental Management and Conservation Zone. All ecologically important areas are retained
as part of this development and no clearing of vegetation disturbance of ecological areas are
proposed. As such both the environmental values themselves as well as the primary functions of
these areas is ultimately unchanged/retained.
AO8.2
Buildings and structures are set back —
a. 20 metres from a street frontage;
b. 10 metres from boundaries adjoining land in a residential zone;
c. a distance greater than the width of the riparian buffer area shown on Biodiversity,
Waterway and Wetland Overlay maps;
d. 100 metres from the level of Highest Astronomical Tide (HAT) in tidal areas (and to
incorporate natural vegetation and other buffer elements)
e. 50 metres from freshwater habitats (and to incorporate natural vegetation and other
buffer elements)
f. 4.5 metres to other boundaries; and
g. 3 metres from another building or structure on the same site.
Assessment:
The proposed shed is to be 4.3m from a street frontage (although not accessible from the frontage)
and as such does not comply with Acceptable Outcome.
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Figure 4 – Shed setbacks to boundaries
PO8
Buildings and structures are appropriately set back so as to—
a. avoid and minimise disturbance on the ecological values of the land, waterways and
wetlands, water quality, coastal processes and heritage values;
b. provide adequate distance from adjoining land uses;
c. allow for vegetation retention and regrowth around buildings and structures; and
d. protect the natural character and visual amenity of the Noosa River system and other
watercourses.
Assessment:
While the proposed shed seeks a reduced setback to a frontage boundary (Eenie Creek Road) it
can comply with the Performance Outcomes due to the following justifications:
• the proposed location of the shed avoids and minimises any potential for disturbance to
ecological values of the land, waterways and wetlands, water quality, coastal processes
and heritage values as it has been sited on existing gravel driveway area without the need
for significant earthworks or vegetation clearing; and
• the proposed shed provides adequate distance from adjoining land uses as it supports the
current onsite use (maintenance shed for the sites operations team) and does not impact
on nearby residential uses which are buffered by approximately 50m, of which 35m is
existing mature vegetation; and
• the proposal allows for vegetation retention and regrowth around buildings and structures;
and
• the proposed development continues to protect the natural character and visual amenity of
the surrounding area however is not within the vicinity either the Noosa River system or
any other watercourses.
• It is also worth noting that previous relaxes have been granted within the same/similar
setbacks circumstances for the purposes of covered car parking and electrical substations.
As such, the proposed development can comply with the Performance Outcome.
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Existing Condition 1
Amended Condition – Approved Plans
1. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
1519-WD01 - Revised Site Plan prepared by Greg Gibbs December 2015
0379-SK05 B Drainage Design October 2004
TP-01 P5 Site Plan prepared by Select Architects 22 April 2024
TP‐02 P3 Proposed Ground Floor Plan (Building A) 22 April 2024
prepared by Select Architects
TP-03 P3 Proposed First Floor Plan (Building A) prepared 22 April 2024
by Select Architects
TP-04 P3 Proposed Roof Plan (Building A) prepared by 22 April 2024
Select Architects
TP-05 P1 Proposed Elevations (Building A) prepared by 16 May 2017
Select Architects
TP-06 P4 Proposed Ground Plan (Building B) prepared by 22 April 2024
Select Architects
TP-07 P4 Proposed First Floor Plan (Building B) prepared 22 April 2024
by Select Architects
TP-08 P4 Proposed Roof Plan (Building B) prepared by 22 April 2024
Select Architects
TP-09 P1 Proposed Elevations Sheet 1 (Building B) 16 May 2017
prepared by Select Architects
TP-10 P1 Proposed Elevations Sheet 2 (Building B) 16 May 2017
prepared by Select Architects
0379-SK-CC 1A Community Centre Floor Plan prepared by Greg November 2004
Gibbs
0379-SK-CC 2A Community Centre Elevations prepared by Greg November 2004
Gibbs
0379-VILLA-A A Type A Villa prepared by Greg Gibbs November 2004
0379-VILLA-B A Type B Villa prepared by Greg Gibbs November 2004
0379-VILLA-C A Type C Villa prepared by Greg Gibbs November 2004
0379-VILLA-D A Type D Villa prepared by Greg Gibbs November 2004
0379-VILLA-E A Type E Villa prepared by Greg Gibbs November 2004
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LA-01 B Landscape Concept Plan – Entry prepared by June 2005
Land Graphics
LA-01 B Landscape Concept Plan prepared by Land June 2005
Graphics
1514-WD02 - The Singleton Floor Plan prepared by Greg Gibbs December 2015
1514-WD04 - The Singleton Elevations prepared by Greg Gibbs December 2015
1514-WD01 - The Singleton Site Plan + Finishes prepared by December 2015
Greg Gibbs
Applicant’s Request
The applicant has requested existing condition 1 be amended and replaced with the following
amended condition:
Plan No. Rev. Plan/Document Name Date
1519-WD01 - Revised Site Plan prepared by Greg Gibbs December 2015
M1717P 45 C Site plan prepared by JFP Urban Consultants 15 November 2024
0379-SK05 B Drainage Design October 2004
TP-01 P5 Pty Ltd
Site Plan prepared by Select Architects 22 April 2024
TP-02 P3 Proposed Ground Floor Plan (Building A) 22 April 2024
TP-03 P3 prepared by
Proposed Select
First FloorArchitects
Plan (Building A) prepared 22 April 2024
TP-04 P3 by Select Architects
Proposed Roof Plan (Building A) prepared by 22 April 2024
TP-05 P1 Select Architects
Proposed Elevations (Building A) prepared by 16 May 2017
TP-06 P4 Select Architects
Proposed Ground Plan (Building B) prepared by 22 April 2024
TP-07 P4 Select Architects
Proposed First Floor Plan (Building B) prepared 22 April 2024
TP-08 P4 by Select Architects
Proposed Roof Plan (Building B) prepared by 22 April 2024
TP-09 P1 Select Architects
Proposed Elevations Sheet 1 (Building B) 16 May 2017
TP-10 P1 prepared by Select Architects 16 May 2017
Proposed Elevations Sheet 2 (Building B)
0379-SK-CC 1A prepared
Community by Select
CentreArchitects
Floor Plan prepared by Greg November 2004
0379-SK-CC 2A Gibbs
Community Centre Elevations prepared by Greg November 2004
0379-VILLA-A A Gibbs
Type A Villa prepared by Greg Gibbs November 2004
0379-VILLA-B A Type B Villa prepared by Greg Gibbs November 2004
0379-VILLA-C A Type C Villa prepared by Greg Gibbs November 2004
0379-VILLA-D A Type D Villa prepared by Greg Gibbs November 2004
0379-VILLA-E A Type E Villa prepared by Greg Gibbs November 2004
LA-01 B Landscape Concept Plan – Entry prepared by June 2005
LA-01 B Landscape June 2005
1514-WD02 - The Singleton Floor Plan prepared by Greg Gibbs December 2015
1514-WD04 - Land
The Graphics
Singleton Elevations prepared by Greg December 2015
Graphics
1514-WD01 - Gibbs
The Singleton Site Plan + Finishes prepared by December 2015
Greg Gibbs
M1717P 46 A Garden Shed Location prepared by JFP Urban 15 November 2024
Consultants
CLOU04-1058 A Garden Shed – Floor plan and elevation 2024
preapred by Ranbuild
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Assessment of Request
The proposed amended approved plans list is in line with the existing approval package with
additional plans to be included for the proposed development.
Recommendation
It is recommended existing condition 1 be amended to read as follows:
Amended Condition – Approved Plans
1. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
1519-WD01 - Revised Site Plan prepared by Greg Gibbs December 2015
0379-SK05 B Drainage Design October 2004
TP-01 P5 Site Plan prepared by Select Architects 22 April 2024
TP‐02 P3 Proposed Ground Floor Plan (Building A) 22 April 2024
prepared by Select Architects
TP-03 P3 Proposed First Floor Plan (Building A) prepared 22 April 2024
by Select Architects
TP-04 P3 Proposed Roof Plan (Building A) prepared by 22 April 2024
Select Architects
TP-05 P1 Proposed Elevations (Building A) prepared by 16 May 2017
Select Architects
TP-06 P4 Proposed Ground Plan (Building B) prepared by 22 April 2024
Select Architects
TP-07 P4 Proposed First Floor Plan (Building B) prepared 22 April 2024
by Select Architects
TP-08 P4 Proposed Roof Plan (Building B) prepared by 22 April 2024
Select Architects
TP-09 P1 Proposed Elevations Sheet 1 (Building B) 16 May 2017
prepared by Select Architects
TP-10 P1 Proposed Elevations Sheet 2 (Building B) 16 May 2017
prepared by Select Architects
0379-SK-CC 1A Community Centre Floor Plan prepared by Greg November 2004
Gibbs
0379-SK-CC 2A Community Centre Elevations prepared by Greg November 2004
Gibbs
0379-VILLA-A A Type A Villa prepared by Greg Gibbs November 2004
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0379-VILLA-B A Type B Villa prepared by Greg Gibbs November 2004
0379-VILLA-C A Type C Villa prepared by Greg Gibbs November 2004
0379-VILLA-D A Type D Villa prepared by Greg Gibbs November 2004
0379-VILLA-E A Type E Villa prepared by Greg Gibbs November 2004
LA-01 B Landscape Concept Plan – Entry prepared by June 2005
Land Graphics
LA-01 B Landscape Concept Plan prepared by Land June 2005
Graphics
1514-WD02 - The Singleton Floor Plan prepared by Greg Gibbs December 2015
1514-WD04 - The Singleton Elevations prepared by Greg Gibbs December 2015
1514-WD01 - The Singleton Site Plan + Finishes prepared by December 2015
Greg Gibbs
132004.5744.13 – Maintenance Shed
M1717P 45 C Site plan prepared by JFP Urban Consultants 15 November
2024
M1717P 46 A Garden Shed Location prepared by JFP Urban 15 November
Consultants 2024
CLOU04- A Garden Shed – Floor plan and elevation 2024
1058 prepared by Ranbuild
Existing Condition 2
2. All buildings shall include a roof pitch no less than 12 degrees, with roof overhangs a
minimum of 600mm wide, apart from the following:
2.1 elevations, which do not front an internal street or front the rear outdoor living areas;
2.2 areas shown as flat roofs on Drawings 0379 SK AB-04 & 06 and 0379 SK SAB-02A &
03A prepared by Greg Gibbs Architects.
Applicant’s Request
The proposed garden shed is proposed to have a roof pitch slightly less than 12° and is actually
10°. We seek to amend condition 2 to exempt the garden shed from the requirements of condition
2, by amending condition 2. This requirement is considered reasonable on the basis that the shed
is a minor structure and will be appropriately sited so that it will not be clearly visible from any
surrounding residences or from Eenie Creek Rd.
The applicant has therefore requested existing condition 2 be amended and replaced with the
following amended condition:
2. All buildings shall include a roof pitch no less than 12 degrees, with roof overhangs a
minimum of 600mm wide, apart from the following:
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2.1 elevations, which do not front an internal street or front the rear outdoor living areas;
2.2 areas shown as flat roofs on Drawings 0379 SK AB-04 & 06 and 0379 SK SAB-02A &
03A prepared by Greg Gibbs Architects.
2.3 the garden shed sited in the south east corner of the site
Assessment of Request
This request is considered to be reasonable given the built form provisions sought in the original
approval have little consequence for a small maintenance shed which will be predominately
obscured from view. The condition will be amended slightly to achieve better clarity.
Recommendation
It is recommended existing condition 2 be amended to read as follows:
2. All buildings shall have a roof pitch of no less than 12 degrees, with roof overhangs at least
600mm wide, except for the following:
a. Elevations that do not front an internal street or the rear outdoor living areas;
b. Areas shown as flat roofs on Drawings 0379 SK AB-04 & 06 and 0379 SK SAB-02A &
03A prepared by Greg Gibbs Architects;
c. The 'Maintenance Shed' annotated on the Site Plan Drawing M1717P Rev.C
prepared by JFP Urban Consultants.
Existing Condition 11
11. All buildings shall maintain a 15 metre setback to the site’s frontage to Walter Hay Drive
North and Eenie Creek Road, apart from the depot building, which shall be setback a
minimum of 6 metres from the front boundary to Walter Hay Drive North.
Applicant’s Request
The retirement community is primarily completed with all residences and community facilities
established on site. The proposed garden shed is required for the storage of gardening and onsite
maintenance equipment. The shed is proposed to be setback 4.3m from the front boundary to
Eenie Creek Rd and 10m from site’s eastern boundary. The proposed setback is still considered
adequate to provide an adequate vegetative screen when viewed from Eenie Creek Rd.
We note that other structures such as the electricity substation and the covered car parks are also
included within this 15m setback. Therefore, it is considered appropriate that these structures are
also excluded from the condition’s setback requirements.
The applicant has therefore requested existing condition 11 be amended and replaced with the
following amended condition:
11. All buildings shall maintain a 15 metre setback to the site’s frontage to Walter Hay Drive
North and Eenie Creek Road, apart from the depot building, which shall be setback a
minimum of 6 metres from the front boundary to Walter Hay Drive North and the covered car
parking areas which will be setback a minimum 3.8 metres from any Creek Rd, electricity
substation which will be set back a minimum 8.2 metres from any Creek Rd and the garden
shed, which will be set back a minimum 4.3 metres from any Creek Rd.
Assessment of Request
The applicants requested amendment of condition 11 is supported in principle however some re-
wording is necessary to tidy up the condition.
Recommendation
It is recommended existing condition 11 be amended to read as follows:
11. All buildings shall maintain a 15 metre setback from the site's frontage to Walter Hay Drive
North and Eenie Creek Road, except for the following:
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a. The depot building, which shall be set back a minimum of 6 metres from the front
boundary to Walter Hay Drive North;
b. The covered car parking areas, which shall be set back a minimum of 3.8 metres
from Eenie Creek Road;
c. The electricity substation, which shall be set back a minimum of 8.2 metres from
Eenie Creek Road;
d. The maintenance shed, which shall be set back a minimum of 4.3 metres from
Eenie Creek Road.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 83(9) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 132004.5744.13 to make a minor change to an existing development
permit for a Material Change of Use (Retirement Community – 165 Dwelling/Accommodation Units
and Ancillary Facilities) situated at 35 Walter Hay Dr Noosaville and described as Lot 2 SP162077,
Council on 27 February 2025 decided to:
A. Approve the change.
B. Amend conditions 1, 2 and 11 to read as follows:
Amended Condition – Approved Plans
1. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
1519-WD01 - Revised Site Plan prepared by Greg Gibbs December 2015
0379-SK05 B Drainage Design October 2004
TP-01 P5 Site Plan prepared by Select Architects 22 April 2024
TP‐02 P3 Proposed Ground Floor Plan (Building A) 22 April 2024
prepared by Select Architects
TP-03 P3 Proposed First Floor Plan (Building A) prepared 22 April 2024
by Select Architects
TP-04 P3 Proposed Roof Plan (Building A) prepared by 22 April 2024
Select Architects
TP-05 P1 Proposed Elevations (Building A) prepared by 16 May 2017
Select Architects
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TP-06 P4 Proposed Ground Plan (Building B) prepared by 22 April 2024
Select Architects
TP-07 P4 Proposed First Floor Plan (Building B) prepared 22 April 2024
by Select Architects
TP-08 P4 Proposed Roof Plan (Building B) prepared by 22 April 2024
Select Architects
TP-09 P1 Proposed Elevations Sheet 1 (Building B) 16 May 2017
prepared by Select Architects
TP-10 P1 Proposed Elevations Sheet 2 (Building B) 16 May 2017
prepared by Select Architects
0379-SK-CC 1A Community Centre Floor Plan prepared by Greg November 2004
Gibbs
0379-SK-CC 2A Community Centre Elevations prepared by Greg November 2004
Gibbs
0379-VILLA-A A Type A Villa prepared by Greg Gibbs November 2004
0379-VILLA-B A Type B Villa prepared by Greg Gibbs November 2004
0379-VILLA-C A Type C Villa prepared by Greg Gibbs November 2004
0379-VILLA-D A Type D Villa prepared by Greg Gibbs November 2004
0379-VILLA-E A Type E Villa prepared by Greg Gibbs November 2004
LA-01 B Landscape Concept Plan – Entry prepared by June 2005
Land Graphics
LA-01 B Landscape Concept Plan prepared by Land June 2005
Graphics
1514-WD02 - The Singleton Floor Plan prepared by Greg Gibbs December 2015
1514-WD04 - The Singleton Elevations prepared by Greg Gibbs December 2015
1514-WD01 - The Singleton Site Plan + Finishes prepared by December 2015
Greg Gibbs
132004.5744.13 – Maintenance Shed
M1717P 45 C Site plan prepared by JFP Urban Consultants 15 November
2024
M1717P 46 A Garden Shed Location prepared by JFP Urban 15 November
Consultants 2024
CLOU04-1058 A Garden Shed – Floor plan and elevation prepared 2024
by Ranbuild
2. All buildings shall have a roof pitch of no less than 12 degrees, with roof overhangs at least
600mm wide, except for the following:
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a. Elevations that do not front an internal street or the rear outdoor living areas;
b. Areas shown as flat roofs on Drawings 0379 SK AB-04 & 06 and 0379 SK SAB-02A &
03A prepared by Greg Gibbs Architects;
c. The 'Maintenance Shed' annotated on the Site Plan Drawing M1717P Rev.C prepared
by JFP Urban Consultants.
11. All buildings shall maintain a 15 metre setback from the site's frontage to Walter Hay Drive
North and Eenie Creek Road, except for the following:
a. The depot building, which shall be set back a minimum of 6 metres from the front
boundary to Walter Hay Drive North;
b. The covered car parking areas, which shall be set back a minimum of 3.8 metres from
Eenie Creek Road;
c. The electricity substation, which shall be set back a minimum of 8.2 metres from Eenie
Creek Road;
d. The maintenance shed, which shall be set back a minimum of 4.3 metres from Eenie
Creek Road.
C. Include the following additional conditions:
Additional Conditions – 27 February 2025 – 132004.5744.13
93. The approved “Maintenance Shed” as shown on the Approved Plans, external colours and
finishes must be of muted/environmental tones that blend with the natural environment and
low-reflective roofing and cladding materials.
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Document Set ID: 23418906
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