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Cover Letter_05-07-2019 · 132005.1133.10
BRISBANE | SUNSHINE COAST | CENTRAL QLD KON-TIKI BUSINESS CENTRE TOWER 1, LEVEL 2, SUITE T1.209, 55 PLAZA PARADE, MAROOCHYDORE QLD 4558 JFP URBAN CONSULTANTS PTY LTD ABN 79 050 414 045 5 July 2019 Job Ref: M2652/F Noosa Council By Email: <[email protected]> Att: Patrick Murphy – Coordinator Planning Re: Change Application (‘Minor Change’) – Development Approval for Material Change of Use – 140 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym over land at 75 Resort Drive, Noosa Heads (Precinct F) and described as Lot 7 on SP178340 (formerly Lot 3 on SP221524) - Council Ref: 132005.1133.9 Dear Patrick, On behalf of our client, Altum Constructions, we hereby request a Change to Development Approval (“minor change”) under section 78 of the Planning Act 2016 (PA2016) in relation to the above development approval granted by Council on 1 November 2011 by Negotiated Decision Notice (ref: 132005.1133 dated 5 November, 2011) and most recently modified on 14 May, 2019 (ref: 132005.1133.9). This correspondence provides details of the site and approval history and a description of the proposed changes to the approved drawings and conditions. It includes an assessment of the proposed changes against the relevant requirements of PA2016 and the Development Assessment Rules including an assessment that the proposed change represents a minor change and does not constitute “substantially different development”. 1.0 SITE / APPROVAL HISTORY The site forms Precinct F of the Noosa Springs residential community. Master planning for the Noosa Springs locality was undertaken in the 1990s, with the majority of the area now developed for residential and golf course purposes, with associated recreational and community facilities. The subject site and adjoining land to the south (Precinct E2 - Lot 6 on SP178340) form the eastern extremity of the Noosa Springs locality and were historically used for sand quarrying purposes. Precinct F is subject to an existing development approval for Multiple Dwelling comprising 140 Dwelling Units and Associated Facilities (Shop, Restaurant, Multi-Function Room and Gym). This approval has been the subject of a number of amendments, with the most recent modification to the approval granted by Council on 14 May, 2019 (refer 132005.1133.9). Conditions of this approval include a sunset date of 15 December 2026, at which time the uncompleted aspects of the approval lapse if the whole of the approval has not happened. There is a separate development approval over the adjacent Precinct E2 for a Multiple Dwelling (Type 4 Conventional – 29 Units) – Council Ref: MCU15/0109.01, with the most recent modification to this approval issued by Council on 5 March, 2019 (refer MCU15/0109.03).
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It is intended to develop Precinct E2 and F in an integrated matter to allow for internal road and pathway
connections between the two sites. We note that Council has issued a Development Permit for Reconfiguration of
a Lot (to facilitate the creation of up to 26 balance lots across both Precinct F and Precinct E2) which further
reinforces the staged and integrated manner within which these development approvals will be delivered (Council
Ref. REC17/0022).
2.0 DESCRIPTION OF PROPOSED CHANGES
The proposed changes to the existing development approval include:-
Resort Facilities Building - rearrangement of the internal layout, addition to the outdoor dining area, minor
change to GFA and refinement to the elevations to be consistent with the layout changes; and
Consequential administrative amendments.
2.1 Changes to Approved Drawings
It is proposed to amend the approved drawings with minor changes to the Resort Facilities Building.
The minor changes to the Resort Facilities Building include amendments to the internal layout of use areas and
adjustments to the building footprint and external outdoor dining areas. The previous GFA use breakdowns as
outlined in Advisory Note 1 have increase from 572m² to 659m², a total increase of 87m² in GFA for the facilities
building. The total increase in GFA is mainly attributed to additional GFA allocated to the outdoor dining area in the
amount of 71m². The internal areas have been adjusted with an overall minor increase in area of 16m². The overall
total GFA is still less than the allowable maximum.
The Architectural Package for the Resort Facilities building has been amended to include minor refinements to the
elevations based on the rearrangement of use areas.
The list of approved drawings to be updated to incorporate the following amended plans:
DRAWING NO. ISSUE DRAWING NAME DATE
7038 – DA01 21 Masterplan Noosa Springs Resort 14-01-19
7038-DA04 34 Ground Floor 27-06-19
7038-DA15 10 Resort Facilities Floor Plan 27-06-19
7038-DA16 09 Facilities Elevations 27-06-19
7038-DA11 10 Parkridge Café 01-07-19
5662_A02-01 W Facilities Building Level 1 Floor Plan DEC 2018
(Replaces 7088_A02-01
(Issue B))
5662-A02-02 K Facilities Building – Roof Plan DEC 2018
(Replaces 7088_A02-02
(Issue B))
5622_A01-10 E CTS 400 Site Plan – Level 1 JANUARY
(Replaces 7088_A01-10
Issue B)
JFP Ref: M2652/F Page 2
Page 3
2.2 Changes to Conditions
The proposed changes to the Resort Facilities Building will require consequential changes to conditions and
advisory notes to reflect the amended plans. The following conditions will require updating/amending (please note,
requested additions to conditions are notated in bold text and deletions notated by way of strikethrough):
Condition 2
Request: Update table with amended architectural drawings (refer attached) as detailed under s2.1 above.
Condition 64
Request: The total infrastructure contribution amount for CTS 400 will require updating to reflect the changes to the
breakdowns of the land use categories. The wording or figures requiring amendment have been highlighted below:-
64. 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 14 May 2019 under the Council
policies and requirements applied on the original approval is outlined in the table below:
PSP12 –
Public Open
Space
Contributions PSP16 – PSP17 – Water PSP20 – TOTAL
Contribution (Not applicable in Sewerage Supply Pathway Trunk Contribution
Required For: accordance with Headworks Headworks Network Amount per
Council letter dated Contributions Contributions Contributions
24 January 1996
Stage
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
$0 $7,242 $18,769 $3,509 $29,520
Resort Facilities
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
$0 $222,793 $739,707 $116,319 $1,078,819
Amount =
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.
JFP Ref: M2652/F Page 3
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Advisory Note 1
Request: Advisory Note 1 will require updates to the breakdown of use categories for the Resort Facilities building
use areas and date to be updated, as outlined below:-
1. The applicant is advised that this “Change to an Existing Approval” dated 14 May 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:
Existing Development Approved Development
Stage No. Existing
Use Class Existing Quantity Approved Use Class / Use Approved Quantity
/ Use
1 Lot & Dwelling
Stage CTS Detached Multiple Housing – Type 4 – +
(paid under 22980DA Lot 31 x 3 bedroom units
100 House Conventional
Reconfiguration)
Stage CTS Multiple Housing – Type 4 – 6 x 2 bedroom units
N/a N/a +
200 Conventional 6 x 3 bedroom units
Stage CTS Multiple Housing – Type 4 – +
N/a N/a 20 x 3 bedroom units
300 Conventional
Commercial Business – Type 1 –
Office
(Reception 22 m2 14m² 2
120 m 103m²
Back of house 7 m28m²
Multipurpose room 1 = 81 m2 71m²
Refuse room 10 m2)
Entertainment & Dining Business – 2
192 m 289m²
Stage CTS Type 1 – Food & Beverage
(indoor 78 m2 + 104m²
400 (Café 78 m2 104m²
N/a N/a outdoor 114 m2 185m²)
Outdoor Dining 114 m2 185m²)
(Resort
Facilities) Entertainment & Dinning Business
– Type 2 – Recreation, amusement 2
and fitness (Resort facility) 244 m 246m²
(Amenities 41 m² 38m² (Non-court area = 84 m2 38m²&
Waiting & Treatment room 43 m2 0m² Court area = 160 m² 208m²)
Gymnasium 160 m2 208m²
Pool Equipment 0 m2)
Retail Business – Type 2 – Shop 2
16 m 21m²
(Convenience 16 m2 21m²)
7 x 1 bedroom units
Stage CTS Multiple Housing – Type 4 –
N/a N/a 5 x 2 bedroom units
500 Conventional
+
16 x 3 bedroom units
2 x 1 bedroom units
Stage CTS Multiple Housing – Type 4 –
N/a N/a 6 x 2 bedroom units
600 Conventional
5 x 3+ bedroom units
Stage CTS Multiple Housing – Type 4 – 6 x 2 bedroom units
N/a N/a +
700 Conventional 7 x 3 bedroom units
JFP Ref: M2652/F Page 4
Page 5
Existing Development Approved Development
Stage No. Existing
Use Class Existing Quantity Approved Use Class / Use Approved Quantity
/ Use
2 x 2 bedroom units
Multiple Housing – Type 4 –
+
Stage CTS Conventional 12 x 3 bedroom units
N/a N/a 2
800 Commercial Business – Type 1 – 67 m
Office (Staff Tea Room)
Stage CTS Multiple Housing – Type 4 – +
N/a N/a 9 x 3 bedroom units
900 Conventional
Advisory Note 2 & 11
Request: Advisory Notes 2 & 11 will require dates and total infrastructure charges figure to be updated to reflect the
changes to land use category and GFA allocations.
2. 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 14 May 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 $554,130.00 (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.
11. Additional ADVISORY NOTE - 10 September 2015, amended 10 March 2016, amended 15 December 2016,
amended 21 September 2017, amended 18 January 2018, amended 28 November 2018 & amended 14 May 2019
Infrastructure Charges
11 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 14 May 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 $278,849.00 (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.
JFP Ref: M2652/F Page 5
Page 6
3.0 ASSESSMENT AGAINST PROVISIONS OF PLANNING ACT 2016
Further to the provisions of s78 (1) of the PA2016, and in accordance with Schedule 2 of the PA2016, it is
recognised that a “minor change” is defined as follows:-
minor change means a change that—
(b) for a development approval—
(i) would not result in substantially different development; and
(ii) if a development application for the development, including the change, were made when
the change application is made would not cause—
(A) the inclusion of prohibited development in the application; or
(B) referral to a referral agency, other than to the chief executive, if there were no
referral agencies for the development application; or
(C) referral to extra referral agencies, other than to the chief executive; or
(D) a referral agency to assess the application against, or have regard to, matters
prescribed by regulation under section 55(2), other than matters the referral agency
must have assessed the application against, or have had regard to, when the
application was made; or
(E) public notification if public notification was not required for the development
application.
With regard to the above, we can confirm that the proposed changes constitute a “minor change”. In this regard,
the following comments are provided:-
The proposed changes will not result in a substantially different development (refer Section 3.1 below for
further discussion).
If the application for the proposal were remade including the change, it would not:
o Facilitate the introduction of prohibited forms of development;
o Require referral to additional referral agencies. We note that the original application was referred
to the Department of Natural Resources and Mines for matters pertaining to Acid Sulfate Soils
(Advice) and Clearing of Vegetation (Concurrence);
o Vary the level of assessment, recognising that the original application was subject to impact
assessment.
On the basis of the above, we contend that this application meets the definition of a minor change.
3.1 Assessment of Substantially Different Development
Schedule 1: Substantially different development of the Development Assessment Rules (Version 1.1 dated 11
August 2017) provides guidance on determining if a proposed change to a development approval results in a
substantially different development.
JFP Ref: M2652/F Page 6
Page 7
Although it depends on the individual circumstances of the development, the Development Assessment Rules
provides a list of changes that may result in substantially different development. These criteria are provided below,
along with an assessment of how the proposal meets each requirement.
1. The proposed changes do not involve a new use.
Comment: There are no new uses proposed that would create different or additional impacts.
The proposed amended development is therefore not anticipated as having different or additional impacts
to those which have previously been assessed and determined as appropriate.
2. The proposed changes do not result in the application applying to a new parcel of land.
Comment: The proposed minor change applies to the same parcel of land as the current development
approval.
3. The proposed changes do not dramatically change the built form in terms of scale, bulk and appearance.
Comment: The proposed changes do not dramatically change the built form in terms of scale, bulk and
appearance. Please refer to the attached Architectural Package for the Resort Facilities Building.
4. The proposed changes do not change the ability of the proposal to operate as intended.
Comment: The proposed changes will not affect the ability of the proposal to operate as intended i.e. as
an integrated residential community.
5. The proposed changes do not remove a component that is integral to the operation of the development.
Comment: The proposed changes do not seek to remove any components from the previous change
approval.
6. The proposed changes do not significantly impact on traffic flow and the transport network, such as
increasing traffic to the site.
Comment: As demonstrated in the response to point 1. above, the proposed changes are not anticipated as
generating impacts on traffic flow or the existing road network beyond what was already anticipated under
the existing development approval.
7. The proposed changes do not introduce new impacts or increase the severity of known impacts.
Comment: The proposed changes do not introduce any new impacts or increase any known impacts in
relation to environmental values, bushfire hazard or landslide risk nor visual impacts beyond that which
was already anticipated and addressed under the existing development approval.
JFP Ref: M2652/F Page 7
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8. The proposed changes do not remove an incentive or offset component that would have balanced a negative
impact of the development.
Comment: The proposed changes do not remove any incentive or offset component that was considered
under the existing development approval.
9. The proposed changes do not impact on infrastructure provision, location or demand.
Comment: As demonstrated in the response to point 1. above, the proposed changes are not anticipated as
having any increased demand on infrastructure as provisioned in the existing approval.
4.0 CONCLUSION
The proposed changes to Precinct F, Noosa Springs are considered to meet the test of “minor change” under the
Planning Act 2016 and will not result in substantially different development to the existing approval. The changes
are limited in scope to minor redesign of the Resort Facilities Building.
We would welcome the opportunity to meet with Council to further discuss the proposed changes if necessary.
Should you require any further information or wish to arrange a meeting, please contact our office on (07) 5450
3900.
Yours faithfully,
ALLISON DRABSCH
Senior Urban Planner
JFP URBAN CONSULTANTS PTY LTD
Encl:
Amended Architectural Drawings prepared by Blackburne Jackson Design
cc: Altum Constructions
JFP Ref: M2652/F Page 8
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