Minor Change Report 132006.823.10

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	132006.823.10
Development Approval	Development Permit for Material Change of Use of Premises - Visitor Accommodation - Type 4 Conventional (Resort), Entertainment & Dining - Type 1 Food & Beverages (Conference Room & Restaurant), Retail Business - Type 2 Shop & Salon (Shop), Commercial Business - Type 2 Medical (Health Spa)
Applicant	Project BA
Request Received On	9 June 2022
Report Reviewed By	Nadine Gorton

PROPERTY DETAILS
Property Address	Viridian Noosa 3 Morwong Dr Noosa Heads
RP Description	SP 151409
Land Area	11,207.39m2
Existing Use of Land	Tourist Accommodation

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Tourist Accommodation
Precinct	Not applicable
Local Area Plan	Noosa Heads
Overlays	Landslide Hazard Overlay
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval to permit a car port within common property for the managers residence. No vegetation is proposed to be removed in the siting of the carport.  The maximum height at the apex of the roof is 3.5 metres.
The locality and proposal plan are included below.

Figure 1 – Locality
Figure 2 – Site Plan

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Figure 4 – Elevations
background
On 15 February 2007, Council approved a new application for a Material Change of Use for Visitor Accommodation – Type 4 Conventional (Resort), Entertainment and Dining – Type 1 Food and Beverages (Conference Room and Restaurant), Retail Business – Type 2 Shop and Salon (Shop), Commercial Business – Type 2 Medical (Health Spa) over the subject site.
On 19 April 2007, Council approved representations to conditions of the development approval and on 27 February 2008, Council approved changes to a number of conditions as part of a request to change the existing development approval.
On 21 January 2009, Council approved changes to a number of conditions and the included an additional condition and two additional advice conditions as part of a request to change the existing development approval.
On 18 November 2009, Council refused a change to the approval to allow occupation of 54 units on a permanent basis.  Notably subsequent to this application, the applicant lodged MCU10/2127 seeking approval for 38 of the units to be occupied permanently.  This application was similarly refused and was subject to an appeal, which was dismissed by the Planning & Environment Court and council’s decision upheld.
On 6 March 2014, Council refused an application to change condition 23 which restricts permanent occupation of all units in the resort development.  The applicant submitted that the change was only intended to relate to villa 10105.  The application was refused by Council.
On 19 August 2022, Council approved a change to condition 285 to permit 3 existing car spaces to be used as storage and create parking in another location.
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 no new uses are proposed and the change is minor in nature;
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 inclusion of a carport necessitates approval of plans to be included in the approved plan set for the site.  This requires a change to existing Condition 2.
No vegetation will be impacted by the placement of the carport, as it is located in an existing hardstand, vehicle manoeuvring area.  Amendment to Condition 2 is supported.
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. 132006.823.10, to make a minor change to an existing approval for Development Permit for Material Change of Use of Premises - Visitor Accommodation - Type 4 Conventional (Resort), Entertainment & Dining - Type 1 Food & Beverages (Conference Room & Restaurant), Retail Business - Type 2 Shop & Salon (Shop), Commercial Business - Type 2 Medical (Health Spa) situated at Viridian Noosa 3 Morwong Dr Noosa Heads described as Lot  SP 151409, Council on 7 October 2022 decided to:
A.	Approve the change.
B.	Amend condition 2 to read as follows:
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans as may be amended by these conditions are prepared by JMA Architects; and dated; and numbered as listed in the following table:

Plan No.	Plan Title	Version	Date
1013-DA-00-01	MASTER PLAN - Valley Master Option 7	4	30/08/2006
1013-DA-00-02	MASTER PLAN - Valley Master CAS	4	30/08/2006
1013-DA-00-03	MASTER PLAN - Valley Aerial	4	30/08/2006
1013-DA-01-01	SITE PLAN - Basement	5	28/11/2006
1013-DA-01-02	SITE PLAN - Level 1	5	28/11/2006
1013-DA-01-03	SITE PLAN - Level 2	5	28/11/2006
1013-DA-01-04	SITE PLAN - Level 3	5	28/11/2006
1013-DA-01-05	SITE PLAN - Penthouses	5	28/11/2006
1013-DA-01-06	SITE PLAN - Proposal Overlay	5	28/11/2006
1013-DA-01-07	SITE PLAN - Amenity Plan	5	28/11/2006
Plan No.	Plan Title	Version	Date
1013-DA-01-08	SITE PLAN - Height Summary	5	28/11/2006
1013-DA-01-09	SITE PLAN – Carparking Plan	5	28/11/2006
			
1013-DA-02-01	SITE SECTIONS - Site Sections 1	4	31/08/2006
1013-DA-02-02	SITE SECTIONS - Site Sections 2	4	31/08/2006
1013-DA-02-03	SITE SECTIONS - Site Sections 3	4	31/08/2006
1013-DA-02-04	SITE SECTIONS - Site Sections 4	4	31/08/2006
1013-DA-02-05	SITE SECTIONS - Site Sections 5	4	31/08/2006
			
1013-DA-03-A-01	A BLOCK - Floor Plans	4	30/08/2006
1013-DA-03-A-02	A BLOCK - Floor Plans	4	30/08/2006
1013-DA-03-A-03	A BLOCK - Area Calculations	4	30/08/2006
1013-DA-03-A-04	A BLOCK - Elevations	4	30/08/2006
1013-DA-03-A-05	A BLOCK - Sections	4	30/08/2006
			
1013-DA-03-B-01	B BLOCK - Floor Plans	4	30/08/2006
1013-DA-03-B-02	B BLOCK - Area Calculations	4	30/08/2006
1013-DA-03-B-03	B BLOCK - Elevations	4	30/08/2006
1013-DA-03-B-04	B BLOCK - Section	4	30/08/2006
			
1013-DA-03-C-01	C BLOCK - Floor Plans	4	30/08/2006
1013-DA-03-C-02	C BLOCK - Floor Plans	4	30/08/2006
1013-DA-03-C-03	C BLOCK - Area Calculations	4	30/08/2006
1013-DA-03-C-04	C BLOCK - Elevations	4	30/08/2006
1013-DA-03-C-05	C BLOCK - Section	4	30/08/2006
			
1013-DA-03-D-01	D BLOCK - Floor Plans	5	29/11/2006
1013-DA-03-D-02	D BLOCK - Floor Plans	5	29/11/2006
1013-DA-03-D-03	D BLOCK - Floor Plans	5	29/11/2006
1013-DA-03-D-04	D BLOCK - Area Calculations	5	29/11/2006
1013-DA-03-D-05	D BLOCK - Area Calculations	5	29/11/2006
1013-DA-03-D-06	D BLOCK - Golden Door	5	29/11/2006
1013-DA-03-D-07	D BLOCK - Elevations	5	29/11/2006
1013-DA-03-D-08	D BLOCK - Elevations	5	29/11/2006
1013-DA-03-D-09	D BLOCK - Sections	5	29/11/2006
As amended by:
PDA1 4/01	BUILDING D – Site Plan		05/11/07
PDA1 4/02	BUILDING D – D Block - Basement		05/11/07
PDA1 4/03	BUILDING D – D Block – First Floor		05/11/07
PDA1 4/04	BUILDING D – D Block – Second Floor		05/11/07
PDA1 4/05	BUILDING D – D Block – Third Floor		05/11/07
PDA1 4/06	BUILDING D – D Block – Penthouses		05/11/07
PDA1 4/07	BUILDING D – Section 2		06/02/08
PDA1 4/08	BUILDING D – Section 3		05/11/07
PDA1 4/09	BUILDING D – Health Spa Wing – First Level		05/11/07
PDA1 4/10	BUILDING D – Health Spa Wing – Second Level		05/11/07
PDA1 4/11	BUILDING D – Health Spa Wing – Third Level		05/11/07
PDA1 4/12	BUILDING D – Unit Type W		05/11/07
PDA1 4/13	BUILDING D – Health Spa		05/11/07
Plan No.	Plan Title	Version	Date
PDA1 4/14	BUILDING D – Layout 002		05/11/07
			
1013-DA-03-E-01	E BLOCK - Floor Plans	4	30/08/2006
1013-DA-03-E-02	E BLOCK - Floor Plans	4	30/08/2006
1013-DA-03-E-03	E BLOCK - Area Calculations	4	30/08/2006
1013-DA-03-E-04	E BLOCK - Area Calculations	4	30/08/2006
1013-DA-03-E-05	E BLOCK - Elevations	4	30/08/2006
1013-DA-03-E-06	E BLOCK - Section	4	30/08/2006
			
1013-DA-03-F-01	F BLOCK - Floor Plans	4	30/08/2006
1013-DA-03-F-02	F BLOCK - Floor Plans	4	30/08/2006
1013-DA-03-F-03	F BLOCK - Area Calculations	4	30/08/2006
1013-DA-03-F-04	F BLOCK - Area Calculations	4	30/08/2006
1013-DA-03-F-05	F BLOCK - Elevations	4	30/08/2006
1013-DA-03-F-06	F BLOCK - Section	4	30/08/2006
1013-DA-03-F-07	F BLOCK - Section	4	30/08/2006
			
1013-DA-03-G-01	G BLOCK - Floor Plans	5	30/11/2006
1013-DA-03-G-02	G BLOCK - Floor Plans	5	30/11/2006
1013-DA-03-G-03	G BLOCK - Area Calculations	5	30/11/2006
1013-DA-03-G-04	G BLOCK - Section	5	30/11/2006
1013-DA-03-G-05	G BLOCK - Elevations	5	30/11/2006
			
1013-DA-03-H-01	H BLOCK - Floor Plans	5	30/11/2006
1013-DA-03-H-02	H BLOCK - Floor Plans	5	30/11/2006
1013-DA-03-H-03	H BLOCK - Floor Plans	5	30/11/2006
1013-DA-03-H-04	H BLOCK - Area Calculations	5	30/11/2006
1013-DA-03-H-05	H BLOCK - Section	5	30/11/2006
1013-DA-03-H-06	H BLOCK - Elevations	5	30/11/2006
As amended by:
PDA1 1/1-11	LOFT UNITS – Site Plan		05/11/07
PDA1 1/1-12	LOFT UNITS – Building Plan – Level 2		05/11/07
PDA1 1/1-13	LOFT UNITS – Building Plan – Level 3		05/11/07
PDA1 1/1-14	LOFT UNITS – Section 1		06/02/08
PDA1 1/1-15	LOFT UNITS – Section 4		05/11/07
PDA1 1/1-16	LOFT UNITS – Section b		06/02/08
PDA1 1/1-17	LOFT UNITS – Section f		05/11/07
PDA1 1/1-18	LOFT UNITS – Section e		05/11/07
PDA1 1/1-19	LOFT UNITS – Elevation 3		05/11/07
PDA1 1/1-20	LOFT UNITS – Elevation 4		05/11/07
PDA1 1/1-21	LOFT UNITS – Unit Plans		05/11/07
PDA1 1/1-22	LOFT UNITS – Internal Elevations		05/11/07
PDA1 1/2-01	MANAGERS UNIT – Site Plan		05/11/07
PDA1 1/2-02	MANAGERS UNIT – Building Plan – Sub Floor		05/11/07
PDA1 1/2-03	MANAGERS UNIT – Building Plan – Basement		05/11/07
PDA1 1/2-04	MANAGERS UNIT – Section 1		05/11/07
PDA1 1/2-05	MANAGERS UNIT – Section C		05/11/07
PDA1 1/2-06	MANAGERS UNIT – Floor Plan		05/11/07
			
1013-DA-03-I-01	I BLOCK - Floor Plans	4	30/08/2006
Plan No.	Plan Title	Version	Date
1013-DA-03-I-02	I BLOCK - Floor Plans	4	30/08/2006
1013-DA-03-I-03	I BLOCK - Area Calculations	4	30/08/2006
1013-DA-03-I-04	I BLOCK - Elevations	4	30/08/2006
1013-DA-03-I-05	I BLOCK - Section	4	30/08/2006
As amended by:
PDA1 2/01-01	GAMES ROOM – Site Plan		05/11/07
PDA1 2/01-02	GAMES ROOM – Building Plan		05/11/07
PDA1 2/01-03	GAMES ROOM – Section 6		05/11/07
PDA1 2/01-04	GAMES ROOM – Floor Plan		05/11/07
PDA3 1/7	I BLOCK – Site Plan		17/06/08
PDA4-01	I BLOCK – First Floor		02/09/08
PDA4-02	I BLOCK – Second Floor		02/09/08
PDA4-03	I BLOCK – Third Floor		02/09/08
PDA3 4/7	I BLOCK – Elevation 1-2		17/06/08
PDA3 5/7	I BLOCK – Section B & 3		17/06/08
PDA3 6/7	I BLOCK – Unit 9.318 Plans		17/06/08
PDA3 7/7	I BLOCK – Unit 9.417 Plan		17/06/08
			
1013-DA-03-J-01	J BLOCK - Floor Plans	4	30/08/2006
1013-DA-03-J-02	J BLOCK - Floor Plans	4	30/08/2006
1013-DA-03-J-03	J BLOCK - Area Calculations	4	30/08/2006
1013-DA-03-J-04	J BLOCK - Elevations	4	30/08/2006
1013-DA-03-J-05	J BLOCK - Section	4	30/08/2006
			
1013-DA-03-V-01	V BLOCK - Floor Plans	6	2/11/2006
1013-DA-03-V-02	V BLOCK - Area Calculations	5	2/11/2006
1013-DA-03-V-03	V BLOCK - Elevations	5	2/11/2006
1013-DA-03-V-04	V BLOCK - Sections	5	2/11/2006
1013-DA-03-V-05	V BLOCK - Refuse Truck In	5	2/11/2006
1013-DA-03-V-06	V BLOCK - Refuse Truck Out	5	2/11/2006
1013-DA-03-V-07	V BLOCK - Detail Sections for Refuse	5	2/11/2006
1013-DA-03-V-08	V BLOCK – Kitchen plan	5	2/11/2006
1013-DA-03-V-09	V BLOCK – Waste Management Area	5	2/11/2006
As amended by:
PDA1 3/01	BUILDING V - Site Plan		05/11/07
PDA1 3/02	BUILDING V - Lower Level		05/11/07
PDA1 3/03	BUILDING V - Upper Level - Kitchen		05/11/07
PDA1 ¾	BUIDLING V - Upper Level - Conference		05/11/07
PDA1 3/05	BUILDING V – Roof Level		05/11/07
PDA1 3/06	BUILDING V – Section 1		06/02/08
PDA1 3/07	BUILDING V – Section 4		05/11/07
PDA1 3/08	BUILDING V – Section 5		05/11/07
PDA1 3/09	BUILDING V – Section B		05/11/07
PDA1 3/10	BUILDING V – Section C		05/11/07
PDA1 3/11	BUILDING V – Section D		05/11/07
PDA3 1/7	V BLOCK – Site Plan		2/09/08
PDA3 2/7	V BLOCK – Building Plan – Street Level		2/09/08
PDA3 3/7	V BLOCK – Building Plan - Roof		2/09/08
PDA3 4/7	V BLOCK – Elevations 1 & 2		2/09/08
PDA3 5/7	V BLOCK – Elevations 3 & 4		2/09/08
PDA3 6/7	V BLOCK – Section D & 1		2/09/08
PDA3 7/7	V BLOCK – Section 3 & 4		2/09/08
Plan No.	Plan Title	Version	Date
1013-DA-04-01	UNIT PLANS - Typical Resort Villas	4	30/08/2006
1013-DA-04-02	UNIT PLANS - Typical Resort Villas	4	30/08/2006
1013-DA-04-03	UNIT PLANS - Special Resort Villas	4	30/08/2006
1013-DA-04-04	UNIT PLANS - Special Resort Villas	4	30/08/2006
1013-DA-04-05	UNIT PLANS - Special Resort Villas	4	30/08/2006
1013-DA-04-06	UNIT PLANS - Typical Resort Units	4	30/08/2006
1013-DA-04-07	UNIT PLANS - Special Resort Units	4	30/08/2006
1013-DA-04-08	UNIT PLANS - Special Resort Units	4	30/08/2006
1013-DA-04-09	UNIT PLANS - Special Resort Units	4	30/08/2006
1013-DA-04-10	UNIT PLANS - Resort Apartment	4	30/08/2006
Plan No.	Plan Title	Version	Date
	Site Plan (proposed car port), drawn by owner		05/04/2022
02	Elevations (proposed car port), drawn by owner		05/04/2022

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