Council archive · source document
Minor Change Council Report 132005.1133.15
132005.1133.15 – APPLICATION FOR A MINOR CHANGE TO A development approval FOR 140 MULTIPLE DWELLING UNITS AND ASSOCIATED FACILITIES – SHOP, RESTAURANT, MULTI-FUNCTION ROOM AND GYM AT 75 RESORT DRIVE, NOOSA HEADS Document information Author Coordinator Planning, Patrick Murphy Environment and Sustainable Development Department Index ECM/ Application/ 13205.1133.15 Attachments 1. Proposed plans APPLICATION DETAILS Application No. 132005.1133.15 Development Approval Material Change of Use for 140 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym. Applicant Altum Constructions Request Received On 25 August 2021 PROPERTY DETAILS Property Address Leslie Dr Noosa Heads Qld 4567 RP Description Lot 7 on SP178340 (formerly Lot 3 on SP178323) Land Area 4.25 hectares Existing Use of Land Development primarily completed STATUTORY DETAILS SEQRP Designation Urban Footprint Locality Noosa Heads Zone Tourist Accommodation Zone Overlays Bushfire Hazard Overlay – Potential Impact Buffer Assessment Type Minor Change to Development Approval EXECUTIVE SUMMARY On 18 June 2020 Council at its Ordinary Meeting resolved to partially support proposed changes to the development at Noosa Springs but refused to permit the outdoor dining area to operate until midnight 7 days, maintaining the requirement for the outdoor dining area to cease trading at 10pm. The applicant’s acoustic report did not provide sufficient evidence that noise impacts from the outdoor dining could be appropriately mitigated after 10pm, with Council’s external acoustic consultant concluding that noise impacts were likely to occur for residents. As a result of Council’s decision to refuse the application, the applicant lodged an appeal to the Planning & Environment Court seeking that the outdoor dining area be allowed to operate till midnight, 7 days a week. The appeal was subsequently withdrawn. This minor change application seeks to enclose the existing outdoor dining area, with the provision of folding doors enabling the area to be either open or fully enclosed. An updated Noise Management Plan has been provided which demonstrates that it is suitable for the area to be used past the previous time limit of 10pm, up until midnight on the basis that the new doors are closed at 10pm. Internal changes to the Facilities building are also proposed. RECOMMENDATION That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 9 November 2021 regarding application 132005.1133.15 to make a minor change to an existing approval for 140 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym situated at 75 Resort Drive Noosa Heads and: Agree to change Conditions 2 and 83 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 below and are as amended by the conditions herein. Plan No. Rev. Plan/Document Name Date 7038-DA01 25 Masterplan Noosa Springs Resort prepared by Blackburne Jackson Design 22-07-21 7038-DA03 14 Carparking/Basement prepared by Blackburne Jackson Design 20-11-2018 7038-DA04 38 Ground Floor prepared by Blackburne Jackson Design 26-10-21 7038-DA05 19 First Floor prepared by Blackburne Jackson Design 26-10-21 7038-DA06 17 Second Floor prepared by Blackburne Jackson Design 26-10-21 7038-DA07 12 Site Section prepared by Blackburne Jackson Design 08-10-2018 7038-DA08 13 Site Section prepared by Blackburne Jackson Design 08-10-2018 7038-DA09 16 Indicative Apartment Layouts prepared by Blackburne Jackson Design 10-08-2018 7038-DA10 14 Indicative Apartment Layouts prepared by Blackburne Jackson Design 10-08-2018 7038-DA12 09 Perspective sketches prepared by Blackburne Jackson Design 08-10-2018 7038-DA14 06 Finishes Palette prepared by Blackburne Jackson Design 29-09-17 7038-DA17 05 Indicative Apartment Layouts prepared by Blackburne Jackson Design 10-08-2018 7038-DA19 07 Building 15 Elevations prepared by Blackburne Jackson Design 10-08-2018 7038-DA20 08 Block 18 - Elevations prepared by Blackburne Jackson Design 08-10-2018 7038-DA21 08 Building 3 Elevations prepared by Blackburne Jackson Design 01-11-2018 7038-DA23 11 Block 2 - Elevations prepared by Blackburne Jackson Design 01-11-2018 DD1.1 F Location Plan prepared by Sparks Architects 08-06-2017 DD1.3 H Unit Type 1 prepared by Sparks Architects 08-06-2017 DD1.4 H Unit Type 2 prepared by Sparks Architects 08-06-2017 DD1.6 E First Floor Plan Block 7 prepared by Sparks Architects 08-06-2017 DD1.7 D Roof Plan Block 7 prepared by Sparks Architects 08-06-2017 DD1.9 E First Floor Plan Block 8 prepared by Sparks Architects 08-06-2017 DD1.10 D Roof Plan Block 8 prepared by Sparks Architects 08-06-2017 DD1.12 E First Floor Plan Block 9 prepared by Sparks Architects 08-06-2017 DD1.13 D Roof Plan Block 9 prepared by Sparks Architects 08-06-2017 WD2.1 B Elevations prepared by Sparks Architects 23-08-2017 WD2.2 B North Elevations Block 7 prepared by Sparks Architects 23-08-2017 WD2.3 B East Elevations Block 7 prepared by Sparks Architects 23-08-2017 WD2.4 B South Elevations Block 7 prepared by Sparks Architects 23-08-2017 WD2.5 L West Elevations Block 7 prepared by Sparks Architects 10-05-2019 WD2.6 B Elevations Block 8 prepared by Sparks Architects 23-08-2017 WD2.7 B Elevations Block 9 prepared by Sparks Architects 23-08-2017 DD3.1 D Sections Block 7 prepared by Sparks Architects 08-06-2017 DD3.2 B Section Block 7 prepared by Sparks Architects 08-06-2017 DD3.3 D Section Block 8 prepared by Sparks Architects 08-06-2017 DD3.4 D Section Block 9 prepared by Sparks Architects 08-06-2017 DD4.1 G 3D prepared by Sparks Architects 08-06-2017 DD4.2 G 3D prepared by Sparks Architects 08-06-2017 DD4.3 G 3D prepared by Sparks Architects 08-06-2017 DD4.4 G 3D prepared by Sparks Architects 08-06-2017 DD4.5 G 3D prepared by Sparks Architects 08-06-2017 DD4.6 G 3D prepared by Sparks Architects 08-06-2017 DD4.7 G 3D prepared by Sparks Architects 08-06-2017 5622_A01-10_E E CTS 400 Site Plan – Level 1 prepared by Blackburne Jackson Design JANUARY 7088_A01-21_B B CTS 100 Site Plan – Level 1 prepared by Blackburne Jackson Design 03-10-17 7088_A01-31_B B CTS 300 Site Plan – Level 1 prepared by Blackburne Jackson Design 03-10-17 7088_A02-30_G G Block 15 Basement Level – Floor Plan prepared by Blackburne Jackson Design 31-08-2018 7088_A02-31_H H Block 15 Level 1 – Floor Plan prepared by Blackburne Jackson Design 02-10-2018 7088_A02-32_H H Block 15 Level 2 – Floor Plan prepared by Blackburne Jackson Design 02-10-2018 7088_A02-33_H H Block 15 Level 3 – Floor Plan prepared by Blackburne Jackson Design 02-10-2018 7098_A02-01_M M Block 3 Basement Level – Floor Plan prepared by Blackburne Jackson Design 05-09-2018 7098_A02-02_L L Block 3 Level 1 – Floor Plan prepared by Blackburne Jackson Design 05-09-2018 7098_A02-03_J J Block 3 Level 2 – Floor Plan prepared by Blackburne Jackson Design 05-09-2018 7098_A02-04_K K Block 3 Level 3 – Floor Plan prepared by Blackburne Jackson Design 05-09-2018 7088_A02-90_G G Block 16 Basement Level – Floor Plan prepared by Blackburne Jackson Design 31-08-2018 7088_A02-91_H H Block 16 Level 1 – Floor Plan prepared by Blackburne Jackson Design 02-10-2018 7088_A02-92_H H Block 16 Level 2 – Floor Plan prepared by Blackburne Jackson Design 02-10-2018 7088_A02-93_H H Block 16 Level 3 – Floor Plan prepared by Blackburne Jackson Design 02-10-2018 7088_A04-10_D D Block 15 - Elevations prepared by Blackburne Jackson Design 04-09-17 7088_A04-11_D D Block 15 - Elevations prepared by Blackburne Jackson Design 04-09-17 7098_A04-01_D D Block 3 - Elevations prepared by Blackburne Jackson Design 03-10-17 7098_A04-02_D D Block 3 - Elevations prepared by Blackburne Jackson Design 03-10-17 7088_A04-30_D D Block 16 - Elevations prepared by Blackburne Jackson Design 04-09-17 7088_A04-31_D D Block 16 - Elevations prepared by Blackburne Jackson Design 04-09-17 7088_A05-10_C C Block 15 - Sections prepared by Blackburne Jackson Design 04-09-17 7088_A05-15_C C Block 16 - Sections prepared by Blackburne Jackson Design 04-09-17 7088_AO17- 01_02 02 Parkridge Building 2 & 14 prepared by Blackburne Jackson Design 09-10-2018 7088_AO17- 03_03 03 Parkside Buildings 18-21 prepared by Blackburne Jackson Design 09-10-2018 7088_AO17- 04_03 03 Parkside Buildings 15 & 16 prepared by Blackburne Jackson Design 09-10-2018 7088_AO17- 05_03 03 Parkside Buildings 17 & 22 prepared by Blackburne Jackson Design 09-10-2018 7088_AO17- 06_03 03 Parkside Buildings 5 & 6 prepared by Blackburne Jackson Design 09-10-2018 7038_DA30 03 CTS 100, 700 & 800 Site Plan prepared by Blackburne Jackson Design 08-10-2018 7038_DA31 02 CTS 300 & 500 Site Plan prepared by Blackburne Jackson Design 08-10-2018 7038_DA32 02 CTS 900 Site Plan prepared by Blackburne Jackson Design 08-10-2018 7038_DA33 03 Block 4 – Elevations prepared by Blackburne Jackson Design 01-11-2018 7038_DA34 03 Block 4 – Elevations prepared by Blackburne Jackson Design 01-11-2018 7038_DA35 03 Block 5 – Elevations prepared by Blackburne Jackson Design 01-11-2018 7038_DA36 03 Block 5 – Elevations prepared by Blackburne Jackson Design 01-11-2018 7038_DA37 02 Block 6 – Elevations prepared by Blackburne Jackson Design 08-10-2018 7038_DA38 02 Block 6 – Elevations prepared by Blackburne Jackson Design 08-10-2018 7038_DA39 04 Block 14 – Elevations prepared by Blackburne Jackson Design 05.02.2019 7038_DA40 04 Block 14 – Elevations prepared by Blackburne Jackson Design 05.02.2019 7038_DA41 02 Block 17 – Elevations prepared by Blackburne Jackson Design 09-08-2018 7038_DA42 02 Block 17 – Elevations prepared by Blackburne Jackson Design 09-08-2018 7038_DA43 02 Block 21 – Elevations prepared by Blackburne Jackson Design 09-10-2018 7038_DA44 02 Block 21 – Elevations prepared by Blackburne Jackson Design 09-10-2018 7038_DA45 04 Block 22 – Elevations prepared by Blackburne Jackson Design 01-11-2018 7038_DA46 04 Block 22 – Elevations prepared by Blackburne Jackson Design 01-11-2018 7038_DA47 03 Block 22 – Roof prepared by Blackburne Jackson Design 09-10-2018 7038_DA61 02 Block 2 – Basement prepared by Blackburne Jackson Design 09-10-2018 7038_DA62 02 Block 2 – Level 1 prepared by Blackburne Jackson Design 09-10-2018 7038_DA63 02 Block 2 – Level 2 prepared by Blackburne Jackson Design 09-10-2018 7038_DA64 02 Block 2 – Level 3 prepared by Blackburne Jackson Design 09-10-2018 7038_DA65 02 Block 4 – Basement – Floor Plan prepared by Blackburne Jackson Design 09-10-2018 7038_DA66 02 Block 4 – Level 1 – Floor Plan prepared by Blackburne Jackson Design 09-10-2018 7038_DA67 02 Block 4 – Level 2 – Floor Plan prepared by Blackburne Jackson Design 09-10-2018 7038_DA68 02 Block 4 – Level 3 – Floor Plan prepared by Blackburne Jackson Design 09-10-2018 7038_DA69 02 Block 5 – Basement prepared by Blackburne Jackson Design 09-10-2018 7038_DA70 02 Block 5 – Level 1 prepared by Blackburne Jackson Design 09-10-2018 7038_DA71 02 Block 5 – Level 2 prepared by Blackburne Jackson Design 09-10-2018 7038_DA72 02 Block 5 – Level 3 prepared by Blackburne Jackson Design 09-10-2018 7038_DA73 02 Block 6 – Basement prepared by Blackburne Jackson Design 09-10-2018 7038_DA74 02 Block 6 – Level 1 prepared by Blackburne Jackson Design 09-10-2018 7038_DA75 02 Block 6 – Level 2 – Floor Plan prepared by Blackburne Jackson Design 09-10-2018 7038_DA76 02 Block 6 – Level 3 prepared by Blackburne Jackson Design 09-10-2018 7105_A02-01_L L Block 14 – Basement prepared by Blackburne Jackson Design 03-02-2020 7038_DA78 03 Block 14 – Level 1 prepared by Blackburne Jackson Design 05.02.2019 7038_DA79 02 Block 14 – Level 2 prepared by Blackburne Jackson Design 09-10-2018 7038_DA80 02 Block 17 – Basement prepared by Blackburne Jackson Design 09-08-2018 7038_DA81 02 Block 17 – Level 1 prepared by Blackburne Jackson Design 09-08-2018 7038_DA82 02 Block 17 – Level 2 prepared by Blackburne Jackson Design 09-08-2018 7038_DA83 02 Block 17 – Level 3 prepared by Blackburne Jackson Design 09-10-2018 7038_DA84 02 Block 18 – Undercroft prepared by Blackburne Jackson Design 09-10-2018 7038_DA85 02 Block 18 – Level 1 prepared by Blackburne Jackson Design 09-10-2018 7038_DA86 02 Block 18 – Level 2 prepared by Blackburne Jackson Design 09-10-2018 7038_DA87 02 Block 19 – Undercroft prepared by Blackburne Jackson Design 09-10-2018 7038_DA88 02 Block 19 – Level 1 prepared by Blackburne Jackson Design 09-10-2018 7038_DA89 02 Block 19 – Level 2 prepared by Blackburne Jackson Design 09-10-2018 7038_DA90 02 Block 20 – Undercroft prepared by Blackburne Jackson Design 09-10-2018 7038_DA91 02 Block 20 – Level 1 prepared by Blackburne Jackson Design 09-10-2018 7038_DA92 02 Block 20 – Level 2 prepared by Blackburne Jackson Design 09-10-2018 7038_DA93 02 Block 21 – Undercroft prepared by Blackburne Jackson Design 09-10-2018 7038_DA94 02 Block 21 – Level 1 prepared by Blackburne Jackson Design 09-10-2018 7038_DA95 02 Block 21 – Level 2 prepared by Blackburne Jackson Design 09-10-2018 7038_DA96 02 Block 22 – Basement prepared by Blackburne Jackson Design 09-10-2018 7038_DA97 02 Block 22 – Level 1 prepared by Blackburne Jackson Design 09-10-2018 7038_DA98 02 Block 22 – Level 2 prepared by Blackburne Jackson Design 09-10-2018 7038_DA99 02 Block 22 – Level 3 prepared by Blackburne Jackson Design 09-10-2018 7038_DA100 04 Block 2 – Sections prepared by Blackburne Jackson Design 01-11-2018 7038_DA101 04 Block 2 – Sections prepared by Blackburne Jackson Design 01-11-2018 7038_DA102 03 Block 3 – Sections prepared by Blackburne Jackson Design 01-11-2018 7038_DA103 03 Block 3 – Sections prepared by Blackburne Jackson Design 01-11-2018 7038_DA104 03 Block 4 – Sections prepared by Blackburne Jackson Design 01-11-2018 7038_DA105 03 Block 4 – Sections prepared by Blackburne Jackson Design 01-11-2018 7038_DA106 03 Block 5 – Sections prepared by Blackburne Jackson Design 01-11-2018 7038_DA107 03 Block 5 – Sections prepared by Blackburne Jackson Design 01-11-2018 7038_DA108 02 Block 6 – Sections prepared by Blackburne Jackson Design 09-10-2018 7038_DA109 02 Block 6 – Sections prepared by Blackburne Jackson Design 09-10-2018 7038_DA110 04 Block 14 – Sections prepared by Blackburne Jackson Design 05.02.2019 7038_DA111 04 Block 14 – Sections prepared by Blackburne Jackson Design 05.02.2019 7038_DA112 02 Block 16 – Sections prepared by Blackburne Jackson Design 09-08-2018 7038_DA113 01 Block 16 – Sections prepared by Blackburne Jackson Design 09-08-2018 7038_DA114 03 Block 17 – Sections prepared by Blackburne Jackson Design 09-08-2018 7038_DA115 03 Block 17 – Sections prepared by Blackburne Jackson Design 09-08-2018 7038_DA116 02 Block 19 – Sections prepared by Blackburne Jackson Design 09-10-2018 7038_DA117 02 Block 19 – Sections prepared by Blackburne Jackson Design 09-10-2018 7038_DA118 02 Block 20 – Sections prepared by Blackburne Jackson Design 09-10-2018 7038_DA119 02 Block 20 – Sections prepared by Blackburne Jackson Design 09-10-2018 7038_DA120 02 Block 21 – Sections prepared by Blackburne Jackson Design 09-10-2018 7038_DA121 02 Block 21 – Sections prepared by Blackburne Jackson Design 09-10-2018 7038_DA122 03 Block 22 – Sections prepared by Blackburne Jackson Design 01-11-2018 7038_DA123 03 Block 22 – Sections prepared by Blackburne Jackson Design 01-11-2018 7088_A04-55 A Block 18 – Elevations prepared by Blackburne Jackson Design 29.06.2018 7088_A04-56 A Block 18 – Elevations prepared by Blackburne Jackson Design 29.06.2018 7088_A04-60 A Block 19 – Elevations prepared by Blackburne Jackson Design 29.06.2018 7088_A04-61 A Block 19 – Elevations prepared by Blackburne Jackson Design 29.06.2018 7088_A04-65 A Block 20 – Elevations prepared by Blackburne Jackson Design 29.06.2018 7088_A04-66 A Block 20 – Elevations prepared by Blackburne Jackson Design 29.06.2018 7088_A04-70 A Block 21 – Elevations prepared by Blackburne Jackson Design 29.06.2018 7088_A04-71 A Block 21 – Elevations prepared by Blackburne Jackson Design 29.06.2018 WD1.3 I Site Plan prepared by Sparks Architects 16-05-2018 WD1.8 I Ground Floor Plan Block 7 prepared by Sparks Architects 16-05-2018 WD1.11 H Ground Floor Plan Block 8 prepared by Sparks Architects 16-05-2018 WD1.14 H Ground Floor Plan Block 9 prepared by Sparks Architects 16-05-2018 5737_DA‐02‐01 06 Level 1 Floor Plan prepared by Blackburne Jackson Design 05‐08‐21 5737_DA‐02‐02 04 Upper Level 1 Floor Plan prepared by Blackburne Jackson Design 22-07-21 5737_DA‐02‐03 01 Roof Floor Plan prepared by Blackburne Jackson Design 22-07-21 5737_DA‐04‐01 04 Elevations prepared by Blackburne Jackson Design 22-07-21 5737_DA‐05‐01 01 Sections prepared by Blackburne Jackson Design 22-07-21 5737_DA‐17‐01 05 Perspective Views prepared by Blackburne Jackson Design 05‐08‐21 The development shall comply with the Noise Management Plan (Report No: R21055/D3295/Rev.0/25.08.21) prepared by David Moore & Associates and dated 25 August 2021 to the reasonable satisfaction of Council, including: The necessary and appropriate noise control measures incorporated into the façade of the apartments and within the restaurant/café in the Resort Facilities Building. These measures shall include: Upgraded glazing and air-conditioning to the potentially affected apartments; Strategically placed wing walls on balconies to screen the apartment and balconies from outdoor dining areas; Deleted The restaurant/café use is to operate between the hours of 6am and 12pm only; After 10pm all doors/windows must be fully closed; The underside of all roof elements over outdoor dining areas associated with the café use are to be lined with acoustic absorptive lining minimum NRC 0.7; No dining is permitted outside the building. All amplified noise at the premises must be conducted through a sound limiting device at all times to ensure that noise does not exceed the following: during the daytime and evening (0600 to 2200) must not exceed 92 dB(A) LWA, 90dB(A) LAeq, adj, T at 3 metres from the speakers. Any live performer must be required to play through the in-house system. No speakers (in addition to the in-house system) are permitted on site. Within 20 business days of the commencement of trading of the restaurant/café use, Council must be provided with a Noise Management Plan which is specific to the use and prepared on the basis of physical and technical assessment of noise from the restaurant/café use, including both internal and external use areas. The noise management plan must suitably detail physical and management noise control measures. The applicant must advise prospective purchasers that a Noise Management Plan has been prepared to manage noise emissions related to the development. The Noise Management Plan referred to in Condition 83(b) shall be incorporated in perpetuity in the By-Laws of the Body Corp for the whole development. The Noise Management Plan shall include a process for dealing with complaints and specify that the Restaurant/Café Management and Body Corp Manager be responsible for dealing with any noise complaints. Add additional Conditions 98 and 99 to read as follows: On completion of the works associated with enclosing the restaurant outdoor dining area certification from an appropriately qualified acoustic consultant must be provided. The certification must confirm that the as-constructed built form achieves the minimum 25 dB(A) noise reduction identified in the noise management plan (Report No: R21055/D3295/Rev.0/25.08.21 prepared by David Moore & Associates and dated 25 August 2021) and that all plant and equipment including the new air-conditioning plant achieves compliance with the development approval noise limits. The ‘Cooking Classes’ room must not be used as part of the approved Entertainment and Dining Business use. Add additional Advisory Note 12 Additional ADVISORY NOTE – 21 October 2021 This Development Permit for a “Minor Change to an Existing Approval” reference 132005.1133.15 will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (adopted charges). The infrastructure charge relates to the Minor Change to Stage CTS 400 (Resort Facilities) as follows: Stage No. Use Existing Quantity Approved Quantity Stage CTS 400 (Resort Facilities) Commercial Business – Type 1 – Office 103 m2 103 m2 Entertainment & Dining Business – Type 1 – Food & Beverage 289 m2 312 m2 Entertainment & Dinning Business – Type 2 – Recreation, amusement and fitness (Resort facility) 246 m2 (Non-court area = 38 m2 & Court area = 208m2) 246 m2 (Non-court area = 38 m2 & Court area = 208m2) Retail Business – Type 2 – Shop 21 m2 16 m2 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, including changes to Conditions 2 and 83. The request to change conditions relates to the restaurant whereby the existing outdoor dining area is proposed to be enclosed to improve acoustic outcomes and support an extension to the operating hours for this area from 10pm to midnight 7 days a week. Minor internal changes to the facilities building are also proposed. The proposal also seeks changes to condition 64 and Advisory Notes 1, 2 and 11. The applicant has detailed the proposed changes as: Enclosure of the outdoor dining area (187m2), to enable its use as a dual operable dining space for both indoor and outdoor dining in accordance with the Nosie Management Plan; Relocation of the existing Convenience Store (Shop) to the previous pizza oven location and reduction of use area by 5m2; Relocation of the pizza oven to the current convenience store area and the current 21m2 of convenience store gfa re-allocated to the café/restaurant use; Multi-function room will be used for cooking classes; and The changes result in a very minor addition to GFA (18m2). There is no change to the existing impervious area. The application is before Council as the original application was decided by Council and Council recently considered a change application in relation to the restaurant. The following images detail the approved and proposed floor plans. Figure 1 - Approved floor plan Figure 2 - Approved elevation plan Figure 3 - Proposed floor plan Figure 4 - Proposed elevations Figure 5 - Perspectives of proposed works background The site is located within Precinct F of the Noosa Springs development at Noosa Springs Drive, Noosa Heads. Noosa Springs is a master planned residential golf resort, with most development on the site completed. The subject resort site and an adjoining multiple dwelling site (Precinct E2) have remained undeveloped and were recently purchased by the applicant. On the 30 August 2007 Council approved the application for a Material Change of Use - Resort of 155 Multiple Dwelling Units & Associated Facilities (Theatre, Restaurant, Shops & Function Rooms), which was assessed under the Superseded Planning Scheme. Representations were then made, and on the 5 November 2007, Council agreed to amend or delete 18 of the 102 total conditions pertaining to the development (132005.1133). On 6 April 2011 an extension to the currency period of the approval for 4 years to 1 November 2015 was agreed (132005.1133.2). On 10 September 2015 an extension to the currency period of the approval for 2 years to 1 November 2017 was agreed (132005.1133.3). On 10 March 2016 a modification to the approval was granted which altered the general redesign of building layouts to increase efficiency and consolidate non-residential components and remove the theatre and function room components of the approval (132005.1133.4). On 15 December 2016 a modification of the approval was granted which changed the description of the approval from Material Change of Use - 155 Multiple Dwelling Units and Associated Facilities - Theatre, Restaurant, Shops & Function Rooms to Material Change of Use for a Resort of 151 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym. This change also included a redesign of the building layouts and a change to a number of conditions (132005.1133.5). On 21 September 2017 Council agreed to further modification of the approval which changed the description of the approval from Material Change of Use - 151 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym to Material Change of Use for 145 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym. This change also included a redesign of the building layouts and a change to a number of conditions (132005.1133.6). On 18 January 2018 Council agreed to further modification of the approval which changed the description of the approval from Material Change of Use for 145 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym to Material Change of Use for 137 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym. This change also included a redesign of the building heights and layouts and a change to a number of conditions (132005.1133.7). On 28 November 2018 Council agreed to further modification of the approval which changed the description of the approval from Material Change of Use for 137 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym to Material Change of Use for 140 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym. This change also included a redesign of the building layouts and a change to a number of conditions, a request to delete condition 96 (regarding landscaping and structures to the rear of Blocks 7, 8 and 9) was refused (132005.1133.8). On 14 May 2019 Council agreed to further modification of the approval including a number of building layout redesigns and a change to a number of conditions, with amendments to conditions 2, 33, 48 & 64, delete condition 72 and with amendment to advisory notes 1, 2 & 11 (132005.1133.9). On 21 August 2019 Council issued a Generally in Accordance letter in relation to minor changes to approved plans (132005.1133.11). On 18 October 2019 Council agreed to further modification of the approval including changes to the internal layout of the Facilities Building, addition to the outdoor dining area, change to GFA and refinement to the elevations to be consistent with the layout changes, and a change to a number of conditions, with amendments to conditions 2, 12 & 64, additional changes to conditions 5 & 83, and amendments to advisory notes 1, 2 & 11 (132005.1133.10). On 21 November 2019 Council issued a Generally in Accordance letter in relation to minor changes to approved plans (132005.1133.12). On 27 April 2020 Council issued a Generally in Accordance letter in relation to minor changes to approved plans (132005.1133.14). On 18 June 2020 Council at its Ordinary Meeting resolved to partially support proposed changes to the development approval (132005.1133.13) but refused to permit the outdoor dining area to operate until midnight 7 days, maintaining the requirement for the outdoor dining area to cease trading at 10pm. The applicant’s acoustic report did not provide sufficient evidence that noise impacts from the outdoor dining could be appropriately mitigated after 10pm, with Council’s external acoustic consultant concluding that noise impacts were likely to occur for residents. As a result of Council’s decision to refuse the application, the applicant lodged an appeal to the Planning & Environment Court seeking that the outdoor dining area be allowed to operate till midnight, 7 days a week. The appeal was subsequently withdrawn. 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 2020. The following codes from the Noosa Plan are applicable to this development: Noosa Heads Local Plan Code; Tourist Accommodation Zone Code Business Activities Code; Works Codes. 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 built form of the development and land uses remain consistent with the existing approval; 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. Statutory Instruments – Planning Scheme The subject site is located within the Tourist Accommodation Zone under the current Noosa Plan. The Noosa Plan identifies a Multiple dwelling as an impact consistent use in the Tourist Accommodation zone. The uses located within the Resort Facilities Building are also identified as impact consistent under The Noosa Plan. Condition 2 Applicant’s Request We request that condition 2 is updated to reflect the amended Architectural package for the Facilities Building which includes minor changes to the enclose the existing Facilities Building. The changes include the enclosure of the existing roofed Outdoor Dining Area with sealed airlock openings, making the existing dining area a dual operable space as both indoor/outdoor dining area for the restaurant component in accordance with the updated Noise Management Plan. The changes include minor adjustments to the internal fit-out of the use areas. The changes include: Enclosure of the outdoor dining area (187m2), to enable its use as a dual operable dining space for both indoor and outdoor dining in accordance with the Noise Management Plan. Relocation of the existing Convenience Store (Shop) to the previous Pizza Oven location and reduction of the use area by 5m2. Relocation of the Pizza Oven to the current Convenience Store Area and the current Convenience Store GFA has been reallocated to the Café/Restaurant use (21m2) Multi-Function Room will be used for cooking classes (no change in GFA - 71m2) The changes result in a very minor addition of GFA (18m2). There is no change to the existing impervious area. Assessment of Request The proposed built form associated with the works raises no concerns as its form is consistent with the originally approved plans. The minor increase to GFA is supported as the total amount of GFA still remains less than what was originally approved. Notably the extent of use area has not changed and accordingly there is no increased requirement for car parking. Accordingly, it is recommended that Condition 2 be amended to reflect the updated plans set. Condition 83 The development shall comply with the Noise Management Plan (Report No: R19084/D3295/Rev.4/30.03.20) prepared by David Moore & Associates and dated 30 March 2020 to the reasonable satisfaction of Council, including: The necessary and appropriate noise control measures incorporated into the façade of the apartments and within the restaurant/café in the Resort Facilities Building. These measures shall include: Upgraded glazing and air-conditioning to the potentially affected apartments; Strategically placed wing walls on balconies to screen the apartment and balconies from outdoor dining areas; Revised hours of operation to no later than midnight for the restaurant/café (indoor area only); The outdoor dining areas associated with the restaurant/café use is to operate between the hours of 6am and 10pm only; After 10pm, all patrons must be within the building confines with doors/windows closed, except for the ingress and egress of patrons and staff; The underside of all roof elements over outdoor dining areas associated with the café use are to be lined with acoustic absorptive lining minimum NRC 0.7; Outdoor dining is confined to the 185m2 roofed area shown on the approved plans. All amplified noise at the premises must be conducted through a sound limiting device at all times to ensure that noise does not exceed the following: during the daytime and evening (0600 to 2200) must not exceed 92 dB(A) LWA, which is equivalent to 75 dB(A) + 5 = 80 dB(A) LAeq, adj, T at 3 metres from the speakers. Any live performer must be required to play through the in-house system. No speakers (in addition to the in-house system) are permitted on site. Within 20 business days of the commencement of trading of the restaurant/café use, Council must be provided with a Noise Management Plan which is specific to the use and prepared on the basis of physical and technical assessment of noise from the restaurant/café use, including both internal and external use areas. The noise management plan must suitably detail physical and management noise control measures. The applicant must advise prospective purchasers that a Noise Management Plan has been prepared to manage noise emissions related to the development. The Noise Management Plan referred to in Condition 83(b) shall be incorporated in perpetuity in the By-Laws of the Body Corp for the whole development. The Noise Management Plan shall include a process for dealing with complaints and specify that the Restaurant/Café Management and Body Corp Manager be responsible for dealing with any noise complaints. Applicant’s Request The applicant has provided an updated Noise Management Plan to support changes to the operation of the restaurant. Primarily, this relates to using the previously identified outdoor area until midnight as it can now be enclosed. The applicant states: The updated Noise Assessment Report and Noise Management Plan demonstrates that the minor changes to enclose the dining area comply with the necessary regulatory standards. The enclosure caters for sealed airlock openings. Specifically, the applicant has requested: We request minor amendments to condition 83 including: Reference to the updated Noise Management Plan; and Point (vii) updated, given that the space is operable as an outdoor and indoor dining area in accordance with the Noise Management Plan. Point (viii) updated to allow for increased amplified noise through the sound limiting device The applicant has requested the condition to be amended to read as follows: The development shall comply with the Noise Management Plan (Report No: R19084/D3295/Rev.4/30.03.20) R21055/D3295/Rev.0/25.08.21) prepared by David Moore & Associates and dated 30 March 2020 25 August 2021 to the reasonable satisfaction of Council, including: The necessary and appropriate noise control measures incorporated into the façade of the apartments and within the restaurant/café in the Resort Facilities Building. These measures shall include: Upgraded glazing and air-conditioning to the potentially affected apartments; Strategically placed wing walls on balconies to screen the apartment and balconies from outdoor dining areas; Revised hours of operation to no later than midnight for the restaurant/café (indoor area only); The outdoor dining areas associated with the restaurant/café use is to operate between the hours of 6am and 10pm only; After 10pm, all patrons must be within the building confines with doors/windows closed, except for the ingress and egress of patrons and staff; The underside of all roof elements over outdoor dining areas associated with the café use are to be lined with acoustic absorptive lining minimum NRC 0.7; Outdoor dining is confined to the 185m2 187m2 roofed area (i.e. when all windows/doors are open) as shown on the approved plans. All amplified noise at the premises must be conducted through a sound limiting device at all times to ensure that noise does not exceed the following: during the daytime and evening (0600 to 2200) must not exceed 92 dB(A) LWA, which is equivalent to 75 dB(A) + 5 = 80 dB(A) 90dB(A) LAeq, adj, T at 3 metres from the speakers. Any live performer must be required to play through the in-house system. No speakers (in addition to the in-house system) are permitted on site. Within 20 business days of the commencement of trading of the restaurant/café use, Council must be provided with a Noise Management Plan which is specific to the use and prepared on the basis of physical and technical assessment of noise from the restaurant/café use, including both internal and external use areas. The noise management plan must suitably detail physical and management noise control measures. The applicant must advise prospective purchasers that a Noise Management Plan has been prepared to manage noise emissions related to the development. The Noise Management Plan referred to in Condition 83(b) shall be incorporated in perpetuity in the By-Laws of the Body Corp for the whole development. The Noise Management Plan shall include a process for dealing with complaints and specify that the Restaurant/Café Management and Body Corp Manager be responsible for dealing with any noise complaints. Assessment of Request The provided Noise Management Plan has been reviewed by a consulting acoustic expert for Council who has advised: 1. The noise impact assessment report has provided updated ambient noise monitoring data and revised the noise limits for the use. 2. The noise impact assessment report has provided assessment of resultant noise levels with the proposed new windows and doors closed, specifically for the post 10pm to 12MN time period. 3. The noise impact assessment report identifies that noise criteria will be achieved with the proposed windows and doors, enclosing the outdoor dining area to form a single indoor area. 4. I have reviewed the noise report and the updated noise management plan and consider that they appropriately assess potential noise impacts and provide appropriate measures for management of the venue to comply with the relevant noise criteria. A couple of specific matters relevant to noise that come from the noise reporting and noise management plan are; 1. The new glazing/doors and building envelope is to achieve a minimum noise reduction of 25 dB(A) with windows and doors closed and 2. As part of enclosure of the area, new (additional) air-conditioning units are proposed on the roof above the pizza oven area. The application letter prepared by JFP dated 25 August 2021 provides suggested changes to Condition 83 to reflect that changed application and specifically the amended noise management plan dated 25 August 2021. On the basis of the proposed changes to Condition 83, and the drawings provided as part of the application representing the amended built form and new enclosure details I consider that the use has been demonstrated to comply with the noise limits between 10pm and 12MN as a fully enclosed use area. It is my recommendation that the minor change application be approved with the Applicants’ suggested changes to the conditions relevant to noise being appropriate. I suggest however, that it would be appropriate that following construction works that Council require Certification from an appropriately qualified acoustic consultant that the as-constructed built form achieves the minimum 25 dB(A) noise reduction identified in the noise management plan and that all plant and equipment including the new air-conditioning plant achieves compliance with the development approval noise limits. The proposal, providing the ability to enclose outdoor dining areas provides a greatly improved acoustic outcome in respect to protection of surrounding resident’s amenity. As noted by the consulting acoustic engineer the proposal includes an updated Noise Management Plan which demonstrates that the works provide for an improved outcome with regards to the protection of surrounding residential amenity. Accordingly, the proposed changes to the operation of the restaurant are supported however the proposed wording of the condition can be improved to reflect the new plans and improve the legibility of the condition. It is recommended to add an additional condition, as per the consulting acoustic engineer’s advice, requiring certification from an appropriately qualified acoustic consultant that the as-constructed built form achieves the minimum 25 dB(A) noise reduction identified in the noise management plan and that all plant and equipment including the new air-conditioning plant achieves compliance with the development approval noise limits. It is also recommended to include an additional condition to ensure that the area identified as being used for ‘Cooking Classes’ is not used as part of the restaurant use. Condition 64 and Advisory Notes 1, 2 and 11 Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading various infrastructure at the rates applicable at the time of payment. An estimate only of the amended contribution amounts relating to this “Change to an Existing Approval” dated 18 October 2019 under the Council policies and requirements applied on the original approval is outlined in the table below: Contribution Required For: PSP12 – Public Open Space Contributions PSP16 – Sewerage Headworks Contributions PSP17 – Water Supply Headworks Contributions PSP20 – Pathway Trunk Network Contributions TOTAL Contribution Amount per Stage (Not applicable in accordance with Council letter dated 24 January 1996 and Council Decision of 1 November 2007) Stage CTS 100 $0 $49,553 $166,655 $26,419 $242,627 Stage CTS 200 $0 $17,719 $59,082 $9,127 $85,928 Stage CTS 300 $0 $33,036 $111,475 $17,613 $162,124 Stage CTS 400 Resort Facilities $0 $8,145 $21,851 $4,151 $34,147 Stage CTS 500 $0 $39,943 $132,655 $20,468 $193,066 Stage CTS 600 $0 $18,069 $59,825 $9,153 $87,047 Stage CTS 700 $0 $19,371 $64,655 $10,007 $94,033 Stage CTS 800 $0 $22,994 $76,427 $12,097 $111,518 Stage CTS 900 $0 $14,866 $50,164 $7,926 $72,956 TOTAL Contribution Amount = $0 $223,696 $742,789 $116,961 $1,083,446 Please note that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from March 2019 until the date of payment. All contributions must be paid prior to commencement of the use. Water Supply and Sewerage contributions are payable directly to Unitywater The applicant is advised that this “Change to an Existing Approval” dated 18 October 2019 will result in amendments to the development contributions and infrastructure charges for the amended development based on the following Uses Class/Uses and applicable quantities: Stage No. Existing Development Approved Development Existing Use Class / Use Existing Quantity Approved Use Class / Use Approved Quantity Stage CTS 100 Detached House 1 Lot & Dwelling (paid under 22980DA Lot Reconfiguration) Multiple Housing – Type 4 – Conventional 31 x 3+ bedroom units Stage CTS 200 N/a N/a Multiple Housing – Type 4 – Conventional 6 x 2 bedroom units 6 x 3+ bedroom units Stage CTS 300 N/a N/a Multiple Housing – Type 4 – Conventional 20 x 3+ bedroom units Stage CTS 400 (Resort Facilities) N/a N/a Commercial Business – Type 1 – Office (Reception 14 m2 Back of house 8 m2 Multipurpose room 1 = 71 m2 Refuse room 10 m2) 103 m2 Entertainment & Dining Business – Type 1 – Food & Beverage (Café 104 m2 Outdoor Dining 185 m2) 289 m2 (indoor 104 m2 + outdoor 185 m2) Entertainment & Dinning Business – Type 2 – Recreation, amusement and fitness (Resort facility) (Amenities 38 m2 Gymnasium 208 m2) 246 m2 (Non-court area = 38 m2 & Court area = 208m2) Retail Business – Type 2 – Shop (Convenience 21 m2) 21 m2 Stage CTS 500 N/a N/a Multiple Housing – Type 4 – Conventional 7 x 1 bedroom units 5 x 2 bedroom units 16 x 3+ bedroom units Stage CTS 600 N/a N/a Multiple Housing – Type 4 – Conventional 2 x 1 bedroom units 6 x 2 bedroom units 5 x 3+ bedroom units Stage CTS 700 N/a N/a Multiple Housing – Type 4 – Conventional 6 x 2 bedroom units 7 x 3+ bedroom units Stage CTS 800 N/a N/a Multiple Housing – Type 4 – Conventional Commercial Business – Type 1 – Office (Staff Tea Room) 2 x 2 bedroom units 12 x 3+ bedroom units 67 m2 Stage CTS 900 N/a N/a Multiple Housing – Type 4 – Conventional 9 x 3+ bedroom units The applicant is informed that approval of this development application will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan. An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997. This “Change to an Existing Approval” dated 18 October 2019 will trigger amendments to be made to the “Infrastructure Charge Notice” previously issued. An amended Infrastructure Charge Notice will be issued for the estimated amount totalling $597,563.00 (payable in accordance with completion of each Stage) and subject to variations in the Consumer Price Index, All Groups Brisbane from March 2019 until the date of payment. This Development Permit for a “Change to Existing Approval for an Extension to Relevant Period” will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (adopted charges). This Infrastructure Charge relates only to the Public Transport and Stormwater networks previously missing from the earlier approval. This “Change to an Existing Approval” dated 18 October 2019 will trigger amendments to be made to the “Infrastructure Charge Notice” previously issued. An amended Infrastructure Charge Notice will be issued for the estimated amount totalling $280,139.00 (payable in accordance with completion of each Stage) and subject to automatic indexation from the Planning Regulation 2018-2019 Financial Year until the date of payment. Applicant’s Request The total headworks contribution amount for CTS 400 will require updating to reflect the changes to the breakdowns of the land use categories. Our calculations below are based upon CPI up to March 2019, as headwork contributions have been paid for the existing Facilities Building, CPI should be the only additional charge. It has also been requested to update Advisory Notes 1, 2 and 11 with the date of the current change application and updated Infrastructure Charges Amount. Assessment of Request As the development has been completed and the associated Infrastructure Charges paid it is not possible to update Condition 64 and Advisory Notes 1, 2 and 11. Whilst additional infrastructure Charges will be applicable attributable to the additional GFA the details of the new charge are to be included as an additional Advisory Note. cONSULTATION Referral Agencies The application was not required to be referred to any referral agencies. Other Referrals The application was forwarded to an external acoustic engineer whose comments form part of this report. conclusion & reasons for decision This minor change application seeks to enclose the existing outdoor dining area, with the provision of folding doors enabling the area to be either open or fully enclosed. An updated Noise Management Plan has been provided which demonstrates that it is suitable for the area to be used past the previous time limit of 10pm, up until midnight on the basis that the new doors are closed at 10pm. Internal changes to the Facilities building are also supported. Accordingly, it is recommended to amend conditions 2 and 83 to reflect the updated plans and noise management requirements and add a new condition 98 to ensure that the works undertaken comply with the updated Noise Management Plan. It is also recommended to add a new condition which requires that area identified on the plans for cooking classes does not form part of the restaurant use. 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 Environment & Sustainable Development Infrastructure Services Community Engagement Building & Plumbing Services Asset Management Customer Service 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 [word/footer1.xml] Page 20 of 22 [word/header1.xml] 3 [word/header2.xml] PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 9 NOVEMBER 2021 [Attachment: image1.png (image text)] "APPROVED PLAN 132005,1133.13, NOOSA COUNCIL "18 JUNE 2020, [Attachment: image3.png (image text)] VE Ota. iE Wy LT D = LL — [Attachment: image4.png (image text)] 9 @ 9 9 9 9 9 9 9 evevanon 9 evevanon ®
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