Delegated Report 132005.699.10

DELEGATED REPORT
PLANNING

REQUEST TO EXTEND RELEVANT PERIOD

Application No:	132005.699.10
	
Author:	Glen Conforti - Development Planner
	
Project Director:	Glen Conforti - Development Planner
	

SUMMARY:

APPLICATION DETAILS
Application Number:	132005.699.10
Applicant:	CBD Settlers Cove Pty Ltd
Request Received Date:	11 October 2016
Original Approval Type:	Development Permit for Material Change of Use of Premises - Multiple dwelling (42 units)

PROPERTY DETAILS
Property Address:	Riverlight Settlers 1 Serenity Cl NOOSA HEADS  QLD  4567
RP Description:	Lot 4 SP 100064
Existing Use of Land:	Currently under constrcution

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan
Planning Locality:	Noosa Heads Attached Housing
Planning Zone:	
Assessment Type:	Change to Approval

PROPOSAL:
The applicant seeks to extend the relevant period by 6 months to 2 June 2017 to allow for the completion of the construction works, building certification and  titling.

BACKGROUND:

A development approval (132005.699) for a 4 storey multiple dwelling comprising 42 x three bedroom dwelling units to be built on proposed lots 5 & 6 was approved in October 2005. The approved development comprised three separate buildings, including a manager’s residence within 7 metres of the front boundary to Serenity Close, a 4-storey component designed in two parts and a 2 storey building to the rear. The development included a basement car park for 84 cars. Vehicle access was provided adjacent the eastern boundary.

A subsequent change to the development approval (132005.699.01) was issued on the 4 August 2008, which included changes to Conditions 1, 3, 5, 9, 30, 31, 32, 34 & 36; deleting conditions 19 & 35 as well as adding a further condition.  This reduced the GFA and number of units to 39.

A further change to the development approval (132005.699.02) was issued on the 19 December 2008, which changed Conditions 24 & 46.

Another change to the development approval (132005.699.03) was issued on the 9 March 2010, which changed Condition 16 extending the relevant period to 13 October 2011.

A further change was issued on 6 December 2010 (132005.699.04) and allowed for an extension of the approval period until 2 December 2014 and the following changes to the built form of the development:
A reduction in gross floor area to comply with the current provision of The Noosa Plan;
The deletion of the previously approved villa building containing 3 x 3 bedroom villas reducing the number of units approved to 36, and a
general reduction in the average size of the remaining apartments;
Staging of the development into two stages being the “Iluka” and “Emerald” buildings.
The provision of additional separate communal facilities taking advantage of concrete
footings already poured at the location where the villas were previously proposed.

The most recent change to the development approval (132005.699.05) allowed changes to the landscaping, frontage works and the use of eco-friendly hot water systems. The application was initially appealed but was discontinued after negotiations with Council. The change was subsequently approved on 21 April 2011.

A further request to extend the relevant period by 1 year to 2 December 2015 was approved in July 2013 (132005.699.06)

An amendment to the pedestrian path easement location was approved as Generally in Accordance (132005.699.07) on 17 December 2013.

A further request to extend the relevant period by 1 year to 2 December 2016 was approved in April 2014 (132005.699.08).

Council approved a minor change to the roof form and balconies on 16 March 2015.

Construction Status

Construction of the Settlers Cove high density residential lots fronting Serenity Close has progressed south/west along the street though completion of the unit buildings did slow considerably during the GFC period.  The most recently completed unit building was “Illuka” (on what was previously Lot 5), which is Stage 1 of the subject site.  Construction of the subject development, “Emerald” commenced late in 2014 and is nearly complete.

STATUTORY PROCESS:

In accordance with Section 388 of the Sustainable Planning Act 2009, in deciding a request to extend the relevant period, the assessment manager must only have regard to:

(a)	the consistency of the approval, including its conditions, with current laws and policies        applying to the development, including, for example, the amount and type of infrastructure contributions, or infrastructure charges payable under an infrastructure charges schedule;
(b)	the community’s current awareness of the development approval; and
(c)	whether, if the request were refused-
(i)	further rights to make a submission may be available for a further development application; and
(ii)	the likely extent to which those rights may be exercised; and
(d)	the views of any concurrence agency for the approval…

ASSESSMENT:

The applicant submits the following in support of the request to extend the relevant period.

‘The current development approval was assessed and granted under the superseded planning scheme prior to the current Noosa Plan. The proposal was reviewed against the 2006 Noosa Plan provisions under the 2010 application for extension of the relevant period, wherein it was determined that the development form generally was consistent with the current requirements of the Noosa Plan and the areas of non compliance were minor. The current approval and development is therefore consistent with the current laws and policies.’

Agree

‘With regard to infrastructure charges it is noted that as part of previous changes to the approvals and extensions, infrastructure charges for missing networks have been charged.’

Agree

‘The Sustainable Planning Act details that the community’s awareness of the proposal is to be considered in determining a request to extend the relevant period. The community is well aware that the site is being developed for units as evidenced by the construction works on site.’

Agree

‘The development under construction is consistent with the current planning scheme requirements and policies and the current conditions protect the environmental considerations of the site. The proposed extension is considered to meet the criteria of the Act and the applicant therefore requests an extension of the currency period for a further 6 months until 2 June 2017.’
Agree

The requested 6 months extension to the relevant period required to finish the development raises no concerns and is recommended  to be supported.

RECOMMENDATION

APPROVE the request to change a development approval, Application No. 132005.699.09, situated at Riverlight Settlers 1 Serenity Cl NOOSA HEADS QLD  4567 902/10 Serenity Cl
NOOSA HEADS QLD  4567 in accordance with the following details for the Decision Notice.

In relation to the request to make a change to extend the relevant approval, Council decided to:

A.	Agree to change Condition 16 to read as follows

This Development Permit for a material change of use lapses if the use has not happened by 2 June 2017, during this time all associated works (including both the Illuka and Emerald stages of the development) must be completed.

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FM1517s/4-22/06/2013