Minor Change Report 132008.175.04

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Will Koschade
Development Assessment
APPLICATION DETAILS
Application No.	132008.175.04
Development Approval	A development approval for a Material Change of Use – Multiple Dwelling (22 units)
Applicant	CBD Settlers Cove Pty Ltd
Request Received On	27 August 2021
Report Reviewed By	Patrick Murphy
Decision Due Date	27 September 2021

PROPERTY DETAILS
Property Address	16 Serenity Cl Noosa Heads QLD 4567
RP Description	Lot 9 SP 195871
Land Area	5,878m2 – Total Site Area 4,810m2 – High Density Residential Zone 1,068m2 – Open Space Conservation Zone
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	High Density Residential
Precinct	Not applicable
Local Area Plan	Noosa Heads Local Plan Area
Overlays	Land Subject to Acid Sulfate Soils Overlay Biodiversity, Waterways and Wetlands Overlay Bushfire Hazard Overlay Code Landslide Hazard Overlay Code
Assessment Type	Minor Change to Development Approval
PROPOSAL
The applicant seeks approval to change to an existing development approval. As a result of further design and development, the applicant seeks to change the approved plans to provide a different external presentation and change several conditions to reflect the amended plans. The applicant suggests that the changes are required to provide better internal living spaces as well as outdoor spaces through the provision of larger decks now permitted under the current planning scheme as well as floor to ceiling heights of 2.7 metres. Key changes include:
Alterations to external appearance of the building including additional articulation through revised deck arrangements
Change to site cover and gross floor area
Alteration to roof form
Alterations to building form
Alterations to balconies and planters
Alterations to basement layout including relocation of units
New storage areas in basement
Minor increase in height for a small portion of the building – height of 15.38m
Relocation of northern pathway to be within Council reserve
Alterations to side boundary setbacks. Noted - Northern side setback altered in response to dedication of Council pathway
Revised landscaped recreation areas, proposal plans, engineering and stormwater management plans have been provided to support the requested changes. The applicant seeks approval of these amended plans and incorporation into conditions of approval.
In addition to the above, the applicant requests to amend condition 1, 5, 31, 35, 73.2 and to delete condition 7, 9, 37, and 74.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Level 1

Figure 4 – Level 2

Figure 5 – Level 3

Figure 6 – Level 4

Figure 7 – Level 5

Figure 8 – Roof Plan

Figure 9 – Artist Impressions

background
The site is one of 8 Residential High Density lots created under development approval 23118DA in 2003 for Settler’s Cove. The approval established the following:
A combination of Residential High Density and Detached Housing allotments;
Developable areas within those lots, with retained vegetation and environmental corridors within lots protected under covenants; and
Public conservation land dedications of approximately 20Ha of significant environmental areas.
132008.175 - A development approval for a Material Change of Use – Multiple Dwelling (22 units) was issued on 6 August 2009 over the newly created lot. The development consists of 22 x two and three bedroom units serviced by a basement car park for 43 cars.  The units are contained within two separate buildings above the common basement.  The original application was publicly notified and no submissions were received.
At the time of the development, a request to have the application assessed under a superseded planning scheme (1997 Strategic Plan) was approved by Council. Based on the Plot Ratio provisions of the Noosa Heads Locality Plan under the new Noosa Plan 2006, there was potential for a reduced value of interest in land as a result of the change of the Shire’s planning instrument. Because there is a reduced value of the interest in the land because of a loss in yield, it was considered appropriate that the application be assessed under the Superseded Planning Scheme.
The assessment relating to the request at the time is provided below:
“In determining whether Council should assess an application under the Superseded Planning Scheme or The Noosa Plan, consideration needs to be given to a number of matters including the likely loss in value of land as a result of a loss of yield, if any adverse impacts on environmental values or planning objectives would occur or significant risk to persons or property exists as a result of natural processes such as flooding, landslip or erosion.
The site is zoned Residential High Density under the Superseded Planning Scheme and Attached Housing under The Noosa Plan. The built form provisions for a Multiple Dwelling under both schemes allow for a maximum Gross Floor Area (GFA) of 5,330m2 (being max. population of 134persons x 40m2). However, Specific Outcome 014 of the Noosa Heads Locality Plan in The Noosa Plan includes a further limit on Plot Ratio of 0.5:1 for sites up to 1.0ha, which indicates a maximum GFA of 2,665m2. Whilst it is questionable as to whether Outcome O12 or O14 should prevail, or whether the conflict between the two is an error, it is considered that there is a potential loss of yield if the application were assessed under The Noosa Plan in comparison to the Superseded Planning Scheme.”
The development parameters by which the development was originally approved are provided below in Figure 6.
132008.175.01 - Council approved an extension to the relevant period on 6 January 2014, extending until 6 August 2017.
132008.175.02 - Council approved an extension to the relevant period on 10 September 2015, extending until 6 August 2019.
132008.175.03 - On 6 August 2019 Council issued a third extension until 6 August 2023.
Criteria	Planning Scheme	Proposal	Complies
Site area	600 m² min	5,878m² (4,810m²  RH Density zone)	
Site width	15 metres min	53 metres plus	
Population density	120.25 persons max	67 persons	
Gross floor area	4,810m² max	4,802m²	
Site cover	40% max	27%	
Landscaped open space	938m² min	3,851m²	
Length of wall	15 metres desirable max	13 metres	
Boundary setbacks Frontage Side Rear	6 metres min up to 2 storeys 10 metres min for any storeys thereafter 6.7m – 7.15m 6 metres min	8 metres 9.2metres 6.5m – 8m 5.6m	X X
Building Height			
in storeys in metres	4 storeys max 15 metres max	4 storeys 14.5 metres	
Carparking	22 covered min 11 visitors min which may be in tandem	43 covered 3 uncovered	
Figure 6 – Approved Built Form Development Parameters
subject site
The site has a total area of 5,878m², with the front portion (4,810m²) to Serenity Close included in the High-Density Residential Zone with the rear portion included in the Environmental Management and Conservation zone.
The site slopes gently towards the east, falling more steeply towards the Conservation Land and Public Esplanade. A public pathway follows the site’s northern, eastern and southern boundaries and links to Banksia Avenue to the north and Noosa Inlet to the west. The developable portion of the site has been largely cleared and contains only low re-growth vegetation. A 20m wide strip of vegetation has been retained on steep land along the site’s southwestern boundary and has been placed under an environmental covenant on the registered plan.
surrounding uses
The locality includes a broad range of residential land uses with development of low and medium density residential housing fronting Banksia Avenue, with 3 to 4 storey multiple dwellings built at the entrance to Serenity Close.
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; and
The Noosa Plan 2020.
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 layout, scale and bulk of the development remains largely unchanged;
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 following codes from the Noosa Plan 2020 are applicable to this development:
High Density Residential Zone Code;
Noosa Heads Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes;
Land Subject to Acid Sulfate Soils Overlay;
Biodiversity, Waterways and Wetlands Overlay;
Bushfire Hazard Overlay Code; and
Landslide Hazard Overlay Code.

Condition 1 – Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are prepared by DBI Architecture and are listed in the following table:
Plan No.	Rev.	Plan / Document Name	Date
9.1	-	Lower Ground Level - Site Plan	-
9.2	-	Ground Level - Site Plan	-
9.3	-	Level 2 - Site Plan	-
9.4	-	Level 3 - Site Plan	-
9.5	-	Level 4 - Site Plan	-
9.6	-	Survey & Building Heights Detail – Site Plan	-
9.12	-	Elevations	-
9.12	-	Elevations	-
and as may be amended by the conditions herein.
Applicant’s Request
The applicant requests that the condition be updated to capture the revised proposal plans.
Assessment of Request
The table below provides a summary of the revised plans, compliance against the Noosa Plan 2020 and a comparison to that of the approved development. Any non-compliance is highlighted and discussed thereafter.
Noosa Plan 2020	Proposal – revised plans	Compliance	Existing Approval
Population density – Nil	22 x 3 bedroom dwelling units	NA	22 Units
Gross Floor Area – 1:1 (4,810m2)	4,799m2 (99.7%)		4,802m²
Site cover - 40% (1,926m2)	40%		27%
Landscaping 40% with 60% soft  landscaping	48% (2,829m2) 60% (1,700m2) soft Total landscape inc. covenant = 72% (4,283m2)	 	3,851m2
Landscape setback 6m landscape setback to frontage	6m to frontage + 2m to side boundaries		-
Building A - Boundary setbacks Frontage -6.0m first and second storey, 10.0m 3rd/4th storey Side (west) – 1.5 up to 4.5m; 2m between 4.5 and 7.5m; 2m plus 0.5 for 3 m above 7.5m Side (east) – 1.5 up to 4.5m; 2m between 4.5 and 7.5m; 2m plus 0.5 for 3 m above 7.5m Side (north) – 1.5 up to 4.5m; 2m between 4.5 and 7.5m; 2m plus 0.5 for 3 m above 7.5m Rear – 6.0m first and second storey – 8.0m for 3rd/4th storey	1 to 2 storey - 6.0m 3 - 4 storey - 6m 22m – Ground, Level 1, 2, 3 & 4 4.45m – Ground, Level 1, 2, 3 & 4 3.3m – Ground, Level 1, 2, 3 & 4 Not Applicable for Building A	 X   	1 to 2 storey – 6.0m, 3- 4 storey - 10m Side – half building height Side - half building height -
Building B - Boundary setbacks Frontage -6.0m first and second storey, 10.0m 3rd/4th storey Side (west) – 1.5 up to 4.5m; 2m between 4.5 and 7.5m; 2m plus 0.5 for 3 m above 7.5m Side (east) – 1.5 up to 4.5m; 2m between 4.5 and 7.5m; 2m plus 0.5 for 3 m above 7.5m Side (north) – 1.5 up to 4.5m; 2m between 4.5 and 7.5m; 2m plus 0.5 for 3 m above 7.5m Rear – 5.0m (land adjoining environmental conservation zone)	1 to 2 storey – 18.2m 3 - 4 storey – 18.2m 6m – Ground, Level 1, 2, 3 & 4 13.5m – Ground, Level 1, 2, 3 & 4 Not Applicable for Building B 6.0m – to main building 3.1m – to balcony	    X	1 to 2 storey – 6.0m, 3- 4 storey - 10m Side – half building height Side - half building height - -
Building Height storeys maximum in metres - 15 metres max	4 storeys 15.38 metres	 X	in storeys - 4 storeys in metres – 15 metres
Length of wall 15 metres with one design element	complies variation in roof forms segmented balconies	  	16.4m
Carparking - 2 covered space per dwelling unit + 1 space per 4 dwelling units for visitor parking (44 covered + 6 visitor)	44 spaces plus 6 visitor		44 spaces
Private Open Space 25m2 at ground level 12m2 above ground level	17m2 – 50m2 for above ground level units		-
Amended Design
The revised plans maintain the approved built form for the site whilst providing for changes to the overall appearance and internal layouts of the building. The plans are considered to be consistent with the form of the development approved for the site and comply with site cover and landscape open space requirements under all schemes with the most significant change relating to gross floor area. The increase in gross floor area is still below that permitted under the Superseded 1985 Scheme and consistent with the calculated Residential High Density zone area. The applicant also seeks to utilize the Noosa Plan 2020 definition of Gross Floor Area which excludes:
(a) building services, plant or equipment; or
(b) access between levels; or
(c) a ground floor public lobby; or
(d) a mall; or
(e) parking, loading or manoeuvring vehicles; or
(f) unenclosed private balconies, whether roofed or not. In this regard large private balconies have now been provided for the units which would previously been considered as gross floor area. The provision of the large balconies provides extended private open space for the units increasing the liveability of the units and is consistent with the established and desired built form of the area
The amended design does not conflict with any other conditions of approval aside from those being amended or deleted as part of this approval. The revised development is consistent with the subtropical design requirements for the High Density Residential Zone Code and Noosa Heads Locality Code.
Height
Acceptable Outcome AO5.1 of the High Density Residential Zone Code requires buildings and structures to have a maximum height of 15m relative to the natural ground level. The application seeks approval for a maximum building height of 15.38m relative to the natural ground level. The extent and location of the encroachment is illustrated below.
Where development exceeds maximum building, it is required to demonstrate against the corresponding Performance Outcome PO5 of the High Density Residential Code which requires:
are low rise and present a building height consistent with structures on adjoining and surrounding premises;
are designed to provide an interesting streetscape and complement landform changes and landscapes;
do not visually dominate the street or surrounding area;
respect the scale of existing vegetation, maintaining a vegetated skyline;
preserve the amenity of surrounding premises including privacy, views and access to sunlight;
do not exceed three storeys , except for lots with frontage to Serenity Close, Noosa Heads which do not exceed four storeys.
Although exceeding maximum building height, the proposed development is considered to comply with PO5 based on the following grounds:
The development is generally consistent with other lots along Serenity Close. The encroachment is centrally located on the site and well setback from the perimeter boundaries of the site;
The development would not present an appearance of bulk to adjoining properties or the Serenity Close streetscape. Further to that, land immediately adjoining to the east is owned by the State of Queensland and has been set aside for environmental purposes and would not be developed;
The site naturally slopes and to achieve a consistent FFL (over a large footprint) the lower portions of the site results in a corresponding height encroachment;
The encroachment is well buffered by dense vegetation to the south and east and would not impact on the visual amenity of adjoining landowners or impact on view lines.
Council has previously agreed to relaxations within the Settlers Cove development for height on the basis that the sites slope down from the road with the buildings set down below the road and not visible to the surrounding area. The proposed building height is supported.

Front Setback – Building A
The revised plans generally comply with setback provisions except in relation to the third storey building setback for Building A. The existing approval provided a 10-metre setback for the third storey whereas the revised plans provide the third storey with a 6 metre setback to eaves and 7.2m to the façade. The location/extent of the encroachment is provided below
Performance Outcome PO9 of the High Density Residential Zone code requires buildings and structures to be designed and sited to:
provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic privacy;
not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
provide adequate distance from adjoining land uses;
preserve existing vegetation that will help buffer development;
allow for space and landscaping to be provided between buildings including adequate area at ground level for landscaping with trees, shrubs, outdoor living and utilities;
be consistent with the predominant character of the surrounding area; and
protect the natural character and avoid adverse impacts on ecologically important areas such as national parks, waterways and wetlands.
In the context of the development, the area of intrusion is considered minor with the balcony on the corner of the building providing variation to the built form and street presentation. The site does not have a significant frontage and the bulk and scale of the development is largely setback and buffered from Serenity Close. The portion of the encroachment is unenclosed and well articulated which enhances visual interest.
The encroachment would not impact on the amenity of the streetscape nor and adjoining land. Adequate landscaping would be provided within the 6m setback which would assist to soften visual bulk and scale.

Rear Boundary Setback – Building B
The revised plans comply with setback provisions except in relation to the 4th storey balcony of apartment 4.01 which encroaches within the 5.0m setback. A minimum setback of 5.0m is required where land adjoins a lot in the Environmental Management and Conservation Zone. The encroachment is limited to an unenclosed balcony within the main footprint of the dwelling achieving the minimum 6m setback.
The encroachment would not impact on the amenity of adjoining development and is very well buffered by vegetation to the south and east. The encroachment is consistent with various rear boundary relaxations granted for existing developments along Serenity Close (which also adjoin land in the Environmental Management and Conservation Zone.

Condition 5 – Building Height
5.	The finished height of the building, including any rooftop plant or structures, shall not exceed 15 metres above natural and finished ground levels.
Applicant’s Request
The applicant’s request is provided below:
The revised design proposes a height of 15.40m above natural ground surface level. Proposed Change to Condition 5: Amend condition to reflect proposed height.
Assessment of Request
As per the assessment above under condition 1, the heigh encroachment is supported and the condition can be amended accordingly.

Condition 7 – Energy & Water Efficiency
7.	All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
Applicant’s Request
The applicant’s request is provided below:
The condition is requested to be deleted as the development will incorporate energy and water efficient instantaneous electric hot water units that have been accepted on previous developments. Proposed Change: Delete condition 7
Assessment of Request
The requested amendment to the conditions raises no concern from a planning assessment perspective and is supported. Energy and water efficiency would be further assessed at a building approval stage.

Condition 9 - Landscaping
9.	The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared Landscape Plan prepared by a suitably qualified Landscape Architect or Horticulturalist.  Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter. The Landscaping Plan shall include the following:
Koala and Glossy Black Cockatoo food trees in accordance with the associated Environmental Protection Authority (EcoAccess) approval conditions for the site and the approved Settler’s Cove Ecological Restoration Plan and Landscape Master Plan.
Locations of nesting boxes for Glossy Black Cockatoos shall be indicated on the landscape plans and installed on existing trees to be retained.
Vegetation to adequately screen and provide filtered views of the development and shade hardscaped areas.
Applicant’s Request
The applicant’s request is provided below:
The applicant advises that the nesting boxes were installed in 2006 in accordance with the conditions of the RHD lot reconfiguration masterplan. This condition is not relevant and should be deleted. It is requested that condition 9 be deleted.
Council issued a Further Advice Notice requiring more details to ensure the works were correctly carried out before the condition can be amended. The applicant advised as follows:
“In response to Council’s request, the applicant advises that the nesting boxes were installed in accordance with condition 38 of the original reconfiguration permit 23118DA in the open space areas of the site and additional nesting boxes are not necessary for the development proposed on Lot 9. The photographs below illustrate the installation of nesting boxes on site.’
Assessment of Request
Although the applicant has provided photographic evidence of nesting boxes, it is uncertain whether these have been correctly installed and whether the correct number were installed. If the applicant did undertake the works correctly, the condition is satisfied and no further action is required. The applicant has not provided reasonable justification to remove item 9.2. It is recommended that item 9.2 remains unchanged and compliance can be demonstrated as required by the condition.
The request to change condition 9.2 is not supported based on the following grounds:
The applicant has not provided sufficient information to demonstrate that the condition 9.2 has been complied with.

If the works have been completed, no further action is required by the developer and the condition is deemed to be satisfied. Therefore, there is no appropriate justification to delete condition 9.2.

Condition 31 – Car Parking
31.	The Lower Ground Level carparking area shall be revised as follows:
Carspaces 1 and T1 must be deleted and that part of the Lower Ground Level revised to provide motorcycle and/or bicycle parking whilst maintaining suitable access to the adjacent storage areas.
The tandem car park spaces within the Lower Ground Level (numbered T2-T13 and T15-T17) must be line-marked and signed so that visitors can only park behind the car parking space assigned to the resident that they are visiting.  For example, if space number T2 is assigned to Unit 2, then space number 2 must be assigned as a visitor space for Unit 2.
Six (6) of the single car park spaces within the Lower Ground Level must be line-marked and signed specifically as resident spaces.
The remaining single spaces in the Lower Ground Level must be line-marked and signed specifically for “Visitor Parking Only”.
Applicant’s Request
The applicant’s request is provided below:
The revised car parking has been redesigned to comply with the current Noosa Plan requirements which no longer requires motorcycle or bicycle parking for accommodation activities. The project engineer have advised that the visitor car parking is visible and located to avoid the requirement for any turn bays within the basement
Assessment of Request
Council’s development engineer agrees to delete condition 31. Amended condition 35 addresses the updated car parking and manoeuvring which would be further assessed at an OPW stage.
Council’s development engineering also requires the inclusion of a condition to ensure the applicant is made aware of the further development permits required. It is recommended that an additional condition be included to read as follows:
79.	Stormwater, Earthworks and Landscaping works must be undertaken in accordance with an Operational Works approval and generally in accordance with the submitted documentation.

Condition 35
35.	A minimum of 3 uncovered car park spaces and 41 covered car park spaces shall be provided on site, including 2 clearly defined disabled car park spaces.
Applicant’s Request
The applicant’s request is provided below:
Due to the restricted road frontage and the requirement for the provision of landscaping to the street, only two uncovered car parking spaces are able to be provided at the front of the site. The revised car parking layout includes the provisions of a PWD bay and SRV bay as required with the additional visitor bays allocated within the basement area. An intercom system is to be provided in accordance with condition 32.
Assessment of Request
Council’s development engineer agrees to amend 35 which must read as follows:
35. 	A minimum of 50 car parking spaces must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
6 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use;
2 disabled parking space/s within the total;
required signage and linemarking; and
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities

Condition 37 – Car Parking
37.	The proposed turning area at the end of the aisle that serves proposed car park spaces 8 to 14 shall be line-marked with chevrons and have the words “No Parking” painted on the pavement.  A sign shall also be provided to indicate that the area is a “Turning Area Only” and that “No Parking is Permitted”.
Applicant’s Request
The applicant’s request is provided below:
The project engineer advises that the condition is no longer valid due to new parking layout.
Assessment of Request
Council’s development engineer agrees to delete condition 37. Amended condition 35 addresses the updated car parking and manoeuvring for the site.

Condition 73 - Refuse
73.	General refuse and recycling collection and storage system to include:
Use of 1.1 cubic metre low noise bulk bins.
A bin wash facility within each of the three basement waste storage areas.
Refuse chutes must be provided in accordance with Council’s Policy for “Refuse Chutes and Accessories in Multi Storey Buildings”.
Applicant’s Request
The applicant’s request is provided below:
Similar to adjoining Settler’s Cove developments, a central bin wash facility is provided within the basement that will be managed by the onsite caretaker. Condition 73.2 is requested to be amended to reflect the central bin wash area as detailed on the revised plans.
Proposed Change 73.2: A bin wash facility is to be provided in the basement waste storage area.
Assessment of Request
The proposal plan includes a bin wash facility as detailed by the applicant centrally located within Building A and B. The bin wash/refuse areas are provided in accordance with Planning Scheme Policy 9 – Waste Management. The request to amend the condition is supported with the revised wording to read as follows:
General refuse and recycling collection and storage system to include:
Use of 1.1 cubic metre low noise bulk bins.
A bin wash facility within each of the three basement waste storage areas of Building A and B.
Refuse chutes must be provided in accordance with Council’s Policy for “Refuse Chutes and Accessories in Multi Storey Buildings”.

Condition 74 - Refuse
74.	General refuse and recycling disposal system to include:
Deletion of the proposed landscaping from the north western corner of the lot to allow for an external bulk bin storage area.  The Landscaping plan submitted for approval shall show this change.
A paved flat and level area adjoining the front boundary and the western side of the driveway.  This area is to extend along the driveway for 5 metres length with a 1.5 metre depth.
The adjoining 5 metre length of driveway to be level without any step up or down between the driveway and the storage area.
The driveway not having any step at the roadway gutter.
The development permit for operational works to show compliance with these requirements for the storage area and driveway, and be submitted to Council’s Healthy Places Unit for approval prior to issue of the permit.
The storage area being suitably screened from public places and neighbouring properties.
The storage area only being used for bin storage the day prior to collection and on the collection day.
Applicant’s Request
The proposed amended design allows for three bin storage enclosures within the basement adjacent to the lifts which will be actively managed by the caretaker of the site. This type of refuse collection and arrangement has been accepted on adjoining developments and is currently working well. The requirement for a bulk bin area at the front boundary will be unsightly and detrimental to the street and functioning of the development. The condition is requested to be deleted.
Assessment of Request
As per the assessment of condition 73, the proposal plans provide bin refuse areas at basement level for each proposed building which would be managed by the caretaker of the site. The refuse area at ground level is no longer proposed and therefore condition 74 is no longer valid. The bin wash/refuse areas located at basement level comply with the design requirements of Planning Scheme Policy 9 – Waste Management.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
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 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 132008.175.04 , to make a minor change to an existing approval for Multiple Dwelling (22 Units) situated at 16 Serenity Cl Noosa Heads Qld 4567  described as Lot  Lot 9 SP 195871, Council on <insert date> decided to:
A.	Approve the change.
B.	Amend conditions 1, 5, 35, 73 to read as follows:
1.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are prepared by DBI Architecture and are listed in the following table:
Plan No.	Rev.	Plan / Document Name	Date
August, 2021 – Approved Plans
DA02	-	Site Plan, drawn by Blackburne Jackson	25/08/21
DA03	-	Site Plan Level 1, drawn by Blackburne Jackson	25/08/21
DA04	-	Site Plan Level 2, drawn by Blackburne Jackson	25/08/21
DA05	-	Site Plan Level 3, drawn by Blackburne Jackson	25/08/21
DA06	-	Site Plan Level 4, drawn by Blackburne Jackson	25/08/21
DA07	-	Site Plan Level 5, drawn by Blackburne Jackson	25/08/21
DA08	-	Site Plan Comparison, drawn by Blackburne Jackson	25/08/21
DA09	-	Landscape Area Level 1, drawn by Blackburne Jackson	25/08/21
DA010	-	Landscape Area Level 2, drawn by Blackburne Jackson	25/08/21
DA11	-	GFA Calculations, drawn by Blackburne Jackson	25/08/21
DA12	-	Unity Layout Plan, drawn by Blackburne Jackson	25/08/21
DA13	-	Overall Sections, drawn by Blackburne Jackson	25/08/21
DA14	-	Overall Elevations, drawn by Blackburne Jackson	25/08/21
DA15	-	Building A Elevations, drawn by Blackburne Jackson	25/08/21
DA16	-	Building A Elevations, drawn by Blackburne Jackson	25/08/21
DA17	-	Building B Elevations, drawn by Blackburne Jackson	25/08/21
DA18	-	Building B Elevations, drawn by Blackburne Jackson	25/08/21
August, 2009 – Approved Plans
9.1	-	Lower Ground Level - Site Plan	-
9.2	-	Ground Level - Site Plan	-
9.3	-	Level 2 - Site Plan	-
9.4	-	Level 3 - Site Plan	-
9.5	-	Level 4 - Site Plan	-
9.6	-	Survey & Building Heights Detail – Site Plan	-
9.12	-	Elevations	-
9.12	-	Elevations	-
and as may be amended by the conditions herein.

5.	The finished height of the building, including any rooftop plant or structures, shall not exceed 15.40 metres above natural and finished ground levels.
35.	A minimum of 50 car parking spaces must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use;
2 disabled parking space/s within the total;
required signage and linemarking; and
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities
73.	General refuse and recycling collection and storage system to include:
Use of 1.1 cubic metre low noise bulk bins.
A bin wash facility within each of the basement waste storage areas in Building A & B.
Refuse chutes must be provided in accordance with Council’s Policy for “Refuse Chutes and Accessories in Multi Storey Buildings”.

C.	Delete conditions 7, 31, 37 and 74.

D.	Refuse to change condition 9.2 based on the following grounds:
The applicant has not provided sufficient information to demonstrate that the condition 9.2 has been complied with.

If the works have been completed, no further action is required by the developer and the condition is deemed to be satisfied. Therefore, there is no appropriate justification to delete condition 9.2.

E.	Include the following additional condition 79

Further Permits
79.	Stormwater, Earthworks and Landscaping works must be undertaken in accordance with an Operational Works approval and generally in accordance with the submitted documentation.

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