Development Application For Material Change Of Use For Multiple Housing Type 3 Retirement & Special Needs (56 Additional Retirement Dwellings) And Reconfiguring A Lot (4 Into 3 Lots) (MCU15/0111 & REC15/0031)

DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING TYPE 3 RETIREMENT & SPECIAL NEEDS (56 ADDITIONAL RETIREMENT DWELLINGS) AND RECONFIGURING A LOT (4 INTO 3 LOTS) (MCU15/0111 & REC15/0031)

Document information

Author	Coordinator Planning, Denis Wallace
Planning & Infrastructure Department

Index	ECM/Application/MCU15/0111 & REC15/0031

Attachments	1.	Approved Layout Plan
2.	MCU Proposal Plans
3.	Proposed Staging Plan
4.	Proposed Lot Reconfiguration Plan

APPLICATION DETAILS
Applicant	Palm Lakes Works
Proposal	Development Permit for Material Change of Use of Premises - Multiple housing Type 3 - Retirement & Special Needs (56 Additional Retirement Dwellings); and Development Permit for Reconfiguring a Lot – 4 Lots into 3 Lots
Properly Made Date	2 December 2015
Information Request Date	21 December 2015
Information Response Date	17 February 2016
Decision Due Date	14 June 2016
Number of Submissions	1 (Not Properly Made Petition)

PROPERTY DETAILS
Property Address	2 & 4 Lamonts Road and 19 & 20 Trading Post Road, Cooroy
RP Description	Lots 1 & 4 RP 215922; and Lots 1 & 2 RP 165418
Land Area	14.75ha
Existing Use of Land	Vacant / Detached Houses / Outbuildings

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy & Lake Macdonald
Zone	Community Services Rural
Overlays	Gas Pipeline Buffer
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 12 July 2016 regarding Applications No. MCU15/0111 and REC15/0031 for a Development Permit for a Material Change of Use of Premises - Multiple housing Type 3 - Retirement & Special Needs (56 Additional Retirement Dwellings); and Reconfiguring a Lot – 4 Lots into 3 Lots situated at 2 & 4 Lamonts Road and 19 & 20 Trading Post Road, Cooroy and:
A.	Approve the Material Change of Use application (MCU15/0111) in accordance with the following conditions:
Material Change of Use Conditions for Multiple Housing – Type 3 Retirement & Special Needs MCU15/0111
Approved Plans
1.	Development shall be undertaken in accordance with this approval and must generally comply with the approved plans of development. The approved plans are titled and numbered: -
Plan Title	Drawing Reference	Revision No.	Date	Prepared by
Overall Site Plan	CO-000-2014 sheet 1 of 2	H	13/11/2015	Palm Lake Works
Staging Plan As annotated by Council	CO-000-2014 sheet 2 of 2	H	13/11/2015	Palm Lake Works
Site Plan [Aged Care]	01.1	-	21/08/2015	Interworks
Elevations [Aged Care]	02.1	-	21/08/2015	Interworks
Clubhouse Cover Sheet	CC000	A	15/10/2015	PAA Design
Clubhouse Site Plan	CC101	B	15/10/2015	PAA Design
Clubhouse Floor Plan	CC102	B	15/10/2015	PAA Design
Clubhouse Roof plan	CC103	B	15/10/2015	PAA Design
Clubhouse Elevations	CC105	B	15/10/2015	PAA Design
Bowls Green floor plan	CO-BG-2015 Sheet 1 of 3	A	23/11/15	Palm Lake Works
Bowls Green Elevations 1	CO-BG-2015 Sheet 2 of 2	A	23/11/15	Palm Lake Works
Bowls Green Elevations 2	CO-BG-2015 Sheet 3 of 3	A	23/11/15	Palm Lake Works
Golf & Workshop	CO-GC-2015 Sheet 1 of 1	A	23/11/15	Palm Lake Works
and as may be amended by these conditions.

Nature and Extent of Approved Use
2.	The approved development comprises the following:
	220 Independent Living Units (each having a maximum of 2 bedrooms + study), associated common facilities and 1 caretaker’s residence; and
	120 Bed Aged Care Facility.

General
3.	Security in the form of a cash bond or trading bank guarantee to the sum of $100,000 must be submitted, to secure performance of all conditions of this approval, prior to the commencement of Stage 1 of the development. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.
4.	The requirements of this development approval are to be effected, prior to the use of the premises.  Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
5.	The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of off-site parking impacts, excessive noise, lighting nuisance or other emissions.
6.	The requirements for the associated Reconfiguration of a Lot approval included in this permit must be completed and Endorsement of the Plan of Survey by Council must be obtained prior to any commencement of any use approved by this Development Permit.
7.	The Development Permit for a material change of use lapses if the use has not commenced by 21 July 2020. The uncompleted aspects of this development approval lapse if the whole of the approved use has not happened by 21 July 2024.
Staging
8.	The development may be staged in accordance with the approved plan titled “Staging Plan” CO-000-2014 Sheet 02/02 Revision H dated 13 November 2015 (as annotated by Council) and as follows:-
8.1.	The following works shall be undertaken and completed prior to the commencement of use of Stage 1a:
8.1.1.	All roadworks on the Main Road of Cooroy Connection Road (Elm Street) including the upgrading works for the road intersections with Pearsons Road, linemarking and pedestrian refuge crossing, as required by conditions of this approval.
8.1.2.	All frontage works including footpaths and landscaping for Trading Post Road, Pearson Road and Elm Street as required by conditions of this approval.
8.1.3.	A Bus stop and shelter on the eastern side of Elm Street as required by conditions of this approval.
8.1.4.	A Bus stop and shelter on the western side of Elm Street as required by conditions of this approval.
8.1.5.	A pedestrian refuge crossing and lighting associated with the bus stop pair on Elm Street.
8.1.6.	All fencing to Trading Post Road and Pearson Road, and all acoustic fencing to Elm Street as required by the approved Acoustic Report.
8.1.7.	Landscaping treatments to open space areas associated with Stage 1a including the establishment and rehabilitation of all detention basins, the establishment of landscaping buffers to site boundaries and adjoining residential properties and street trees.
8.2.	The following works shall be undertaken and completed prior to the commencement of use of Stage 4:
8.2.1.	All roadworks, access and frontage works and landscaping for Lamonts Road as required by conditions of this approval.
8.2.2.	All fencing to Lamonts Road.
Landscaping
9.	A Landscape Plan shall be prepared by a suitably qualified Landscape Architect or Horticulturalist and shall be in accordance with Council’s Landscaping Code of The Noosa Plan and Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.  The Landscaping Plan shall be submitted and approved as part of an application for Operational Works.  The Landscaping Plan shall address landscaping treatments for the development including internal streetscapes and open space areas, adjoining road network and properties.
The detailed Landscaping Plans shall identify and/or address the following:-
9.1.	Street tree planting to Pearsons Road and Trading Post Road to allow good shade canopy once fully mature;
9.2.	Existing vegetation to be removed, with this vegetation clearly identified on site for inspection by Council;
9.3.	Existing vegetation to be retained and measures employed to ensure vegetation retention;
9.4.	Landscaping treatments to internal road network and between buildings;
9.5.	Landscaping treatments to open space areas, including any rehabilitation and planting enhancement requirements around the drainage basins within the site;
9.6.	Landscaping buffers and fencing to Elm Street, Pearsons Road, Trading Post Road and Lamonts Road;
9.7.	Landscape buffers and fencing to adjoining properties;
9.8.	The location of pedestrian pathways and seating within the site and on the road reserve adjoining the site.
Such landscaping is to be completed in accordance with the approved landscaping plan prior to acceptance of the development on maintenance.
10.	Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use.
11.	All underground services, drainage, footpaths, bike paths, roads and other site works shall be located to minimise adverse impacts on retained vegetation, particularly their root systems.
Public Open Space
12.	Communal recreational facilities shall be located a minimum of 15 metres from bedrooms of Independent Living Units and Aged Care Residence.
13.	Seating shall be provided in communal areas and along pedestrian pathways within the site.
Acoustics
14.	The site is to be developed generally in accordance with the recommendations of the Noise Impact Assessment as prepared by ASK Consulting Engineers (Project 7617R01V02 dated 10 February 2016).
15.	On completion of the development, the developer must submit to Council written certification from an Acoustic Engineer confirming the proposed noise barriers meet the noise limits for each adjoining residence as outlined in the approved Acoustic Report.

Fencing
16.	Fencing shall be erected to all boundaries of the site and shall have a minimum height of 1.5 metres Trading Post Road and Pearsons Road and 1.8 metres on all other boundaries (Note: fences may be required to have a greater height for the purpose of meeting acoustic requirements, as further detailed in these conditions).
17.	All fencing to road frontages of the site shall be setback a minimum of 1 metre with an average of 2 metres and be screened with landscaping, or alternatively, be of open construction (ie. minimum 50% transparent) (provided it is not a required acoustic fence).
18.	Any new fencing along the northern boundaries of existing Lot 4 RP 215922 adjoining Prospect Park (Lot 101 SP 208264) must be flood compatible e.g. three strand plain wire fencing.
Building Setbacks
19.	All buildings shall be setback a minimum of 6 metres to Elm Street, Pearsons Road, Lamonts Road and Trading Post Road, with the exception of the northern corner of the aged care facility shown at 5.5m from Trading Post Lane.
20.	All buildings shall be setback a minimum distance of 2 metres to adjoining properties.
Built Form
21.	Buildings shall be varied in their architectural style, construction materials, colours and finishes.
22.	Transformers, waste storage areas and the like shall be screened to reduce their visual intrusiveness.
External Road/Frontage Works on Main Roads
23.	Roadworks required on Cooroy Connection Road (Elm Street) at its intersection with Pearsons Road including two Bus Stops with shelters, a pedestrian refuge and upgrade to existing kerb line and linemarking must be undertaken in Stage 1a of development in accordance with a Development Permit for Operational Works.  The works shall be generally as shown on drawing titled External Works Functional Layout Plan Pearsons Road Intersection, prepared by Calibre Consulting dated 08/01/2016, referenced 15-001261-RF02 Issue B and in compliance with Department of Transport and Main Roads (DTMR) standards, and subject to Council’s and DTMR’s approvals.
24.	Roadworks required on Cooroy Connection Road (Elm Street) at its intersection with Lamonts Road must be undertaken in Stage 4 in accordance with a Development Permit for Operational Works of development.  The works shall be generally as shown on drawing titled External Works Functional Layout Plan Lamonts Road Intersection, prepared by Calibre Consulting dated 08/01/2016, referenced 15-001261-RF01 Issue B and in compliance with Department of Transport and Main Roads standards, and subject to Council’s and DTMR’s approvals.
25.	A 2m wide path on Elm Street shall be constructed from the pedestrian access point that fronts Elm Street (Gatehouse). The path shall be in accordance with Council’s design standards and to an alignment that protects any significant vegetation and above and underground services.  The works shall be included in Stage 1a and be in accordance with a Development Permit for Operational Works.  This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.

Bus Stops
26.	The applicant shall design and construct a bus stop and shelter on Elm Street to the frontage of Lot 135 MCH 978 (north of 156 Elm Street) at approximately 70m south of the center line of Pearson Road intersection (or an alternative location as may be required by TransLink or DTMR).  The works shall be included in Stage 1a and be in accordance with a Development Permit for Operational Works.  This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
27.	The applicant shall design and construct a bus stop and shelter on western side of Elm Street to be located generally opposite the other required new bus stop on the eastern side of Elm Street. The works shall be included in Stage 1a and be in accordance with a Development Permit for Operational Works.  This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
28.	The proposed bus stops are to be “Indented” and be in accordance with the current TransLink Public Transport Infrastructure Manual. The bus stop must contain all Mandatory and Preferred components as stated in the manual for ‘intermediate stop’, and be constructed in accordance with the new Noosa Council Custom Design Rural Bus Shelter.
29.	A pedestrian refuge island must be constructed on Elm Road in Stage 1a to provide pedestrian access connection to the new bus stop shelter on the western side of Elm Street.  The works shall also include any necessary pathway on western side Elm Street to provide the required connection. This refuge island must be included in the design and the construction of the intersection of Pearsons Road with Elm Street and must include all the mandatory requirement (e.g. lighting) in compliance with the relevant standards.  This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
External Road/Frontage Works to Council Roads
30.	The applicant must design and construct kerb and channelling along the western side of Pearsons Road with any associated road widening and drainage works to achieve Local Road standard for urban area (8m Kerb to Kerb) in accordance with Council’s Planning Scheme Policy 5 - Engineering Design Standards – Roads, Drainage and Earthworks.  The works shall be included in Stage 1a and be in accordance with a Development Permit for Operational Works.  This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
31.	The applicant must construct a cul-de-sac head at the end of Trading Post Road in accordance with Section 3.12 of Council’s Planning Scheme Policy 5 - Engineering Design Standards – Roads, Drainage and Earthworks.  The works shall be included in Stage 1a and be in accordance with a Development Permit for Operational Works.   This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
32.	The applicant must design, construct and seal Lamonts Road from Elm Street to a minimum distance of 10m beyond the tangent point of the access driveway to the development site with 7m wide seal and flush kerb be provided on both sides of the seal in accordance with Council’s Planning Scheme Policy 5 - Engineering Design Standards – Roads, Drainage and Earthworks. The works shall be included in Stage 4 and be in accordance with a Development Permit for Operational Works. This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
33.	The site shall have only four (4) main vehicular accesses to Council’s road network as shown on the approved plans (2 being driveway accesses to the aged care facility from Pearsons Road). There shall be no other vehicular accesses directly to Council’s roads.
34.	The access crossings shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any step or level difference.  All access driveways must comply with AS/NZS 2890.1:2004 and AS 2890.2:2002.  A Development Permit for Operational Works is required.
Pathways and Frontage Works
35.	Footpath improvements such as topsoiling, grassing, and tree planting are required to the all road frontages of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.  Grass shall be couch, free of weeds.
36.	A new 2m wide concrete path shall be constructed along the Trading Post Road frontage of the site in accordance with Council’s design standards and to an alignment that protects any significant vegetation and above and underground services.  The path shall extend around the cul-de-sac and join to the existing path on the opposite side of Trading Post Road and connect to new pathway along Pearsons Road. The works shall be included in Stage 1a and be in accordance with a Development Permit for Operational Works. This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
37.	A new 2m wide concrete path shall be constructed along the Pearsons Road frontage of the site and be extended along Elm Street to connect to the required bus stop on Elm Street. This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
38.	A pedestrian refuge island shall be constructed on Pearsons Road near its intersection with Elm Street to provide connection with the proposed new pathway in Elm Street and with the existing pathway on the opposite side of Pearsons Road (eastern side). The works shall be included in Stage 1a and be in accordance with a Development Permit for Operational Works.
39.	Pram ramps shall be installed at road intersections and wherever needed to direct pedestrians across the road.  All pram ramps must be constructed in accordance with Council’s design standards.
40.	All paths, pram ramps, driveways and parking areas shall be designed and constructed to ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
41.	Where applicable, all redundant road pavement and/or vehicular crossings to the site shall be removed, reinstated or replaced by kerb and channel and footpath paving or landscaping in accordance with Council’s Standard prior to the commencement of the use for Stage 1a.
42.	To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight line requirements as defined in AS/NZS 2890.1:2004, section 3.2.4.
Internal Driveways and Parking
43.	The internal roads shall be concrete or bitumen sealed driveway of a minimum width of 6m for Primary Roads and 5.5m for Secondary roads and must comply with AS 2890.2-2002.  A Development Permit for Operational Works shall be required.
44.	All parking areas and garages must be in compliance with the requirement of the current Australian standards applicable to their use (AS/NZS 2890.1-2004 and/or AS 2890.2-2002) with a minimum head clearance (headroom) at any point of 2.3m.
45.	Car parking shall be provided within the site generally in accordance with that shown on drawing CO-000-2014 Sheet 01/02 Revision H dated 13 November 2015 and titled Overall Site Plan prepared by Palm Lake Works.
46.	Carparking shall be provided at a minimum rate of 1 space per independent living unit for resident parking and 1 space per 4 independent living units for visitor parking; and 1 space per 2 employees based on the maximum number of employees engaged at any one time at the aged care residence and 1 space per 5 beds or occupants of the aged care residence.
47.	A minimum of two clearly defined disabled car spaces shall be provided to service the aged care residence and village community centre.
48.	The pick-up/drop-off parking area associated with the proposed Aged Care Development must be designed and constructed to be capable of accommodating at least one taxi suitable for use by people with disabilities in accordance with the relevant and applicable standards.
49.	All staff carpark spaces shall be clearly defined by line marking each space with the words “Staff Parking Only” and by sign posting each space with a similar wording.
50.	All carparking shall be kept maintained and line-marked in a condition fit for use.
51.	An emergency parking bay shall be available at all times in front of the community village centre and the aged care residence.
52.	Visitor car parking shall be conveniently located to all independent living units, village community centre and the aged care residence.  Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Earthworks
53.	All earthworks must be carried out in accordance with a Geotechnical Report (or part thereof) prepared by a qualified person* and endorsed through a Development Permit for Operational Works approval.   *(Refer to Advisory Note)
54.	All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ and submitted to Council prior to final inspection/s of works.
55.	A registered practicing Geotechnical Engineer shall test the existing ground conditions for suitability of placing additional fill, prior to such fill being placed.
56.	Filling works shall be restricted to the subject site itself, and the finished fill levels are to taper to the existing levels on the property.  Batters shall be at a maximum grade of 1:4 unless retained by an engineer-designed wall or approved retention method.
57.	Any fill imported to the site may only be from a site licensed with The Environmental Protection Agency or from a site for which a Development Permit for Operational Works has been issued approving the export of fill.
58.	Following completion of the filling works for each Stage, the registered practicing Geotechnical Engineer supervising the works shall submit compaction tests across the entire filled areas and make recommendations if special foundations requirements will apply.
59.	Buildings floor levels and bulk earthworks finish levels must take into consideration any building Minimum Floor Level required by the planning scheme at the time of construction.
60.	Earthworks carried out on site must not adversely affect the drainage conditions on any other properties or existing roads, and/or the patterns and severity of flooding in the area particularly on downstream properties. Filling works required on site shall not cause additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses. Detailed site surveys indicating natural surface levels and contours of any potentially affected properties must be provided with any application for a Development Permit for Operational Works for earthworks and/or stormwater drainage works.
This may require the design and construction of drainage pipes and/or an overland flow-path within the development site to cater for drainage from the adjoining sites for a 1% AEP design storm.
Stormwater Drainage (Quantity & Quality)
61.	A suitably qualified Registered Professional Engineer, specialising in hydraulics shall prepare engineering drawings and specifications for stormwater designs and shall be submitted in conjunction with an application for a Development Permit for Operational Works.
62.	Stormwater pipelines within the site shall cater for 10% AEP storm event and secondary flow paths shall be provided within the site to cater for 1% AEP storm event.
63.	The development must not adversely impact on the existing drainage conditions on other properties. The applicant must demonstrate that all stormwater runoffs from the fully developed site must be maintained at predevelopment rates for all storm events up and including 1% AEP storm event.
64.	Stormwater runoff generated from the development must be treated to achieve the Water Quality Objectives as specified under Healthy Waterways Water Sensitive Urban Design – Technical Guidelines for South East Queensland (2006) as well as the State Planning Policy 2014 (SPP 2014) prior to release off site. For the purpose of this condition, treatment of waters from catchments B1 and C1 as shown on Drawing B14158.W-SK100 A by Calbre Consulting, dated 050/2/16 shall be considered as part of the development to determine mitigation requirements and load reduction targets.
If detailed design demonstrates insufficient footprint is available for the water quality treatment devices to achieve the pollutant reduction targets of 80% reduction in Total Suspended Solids, 60% reduction in Total Phosphorous, and 45% reduction in Total Nitrogen compared to an unmitigated development, the applicant must increase available space to ensure the water quality objectives can be achieved.
65.	Stormwater Quality Treatment must be designed in accordance with the Water by Design MUSIC modelling Guidelines. Any deviation away from the recommendations of the Water by Design guidelines may only be approved where:
65.1.	letters signed by the authors of the Water by Design MUSIC modelling guidelines and/or eWater MUSIC modelling program are provided to confirm that the modelled design is expected to meet the required water quality outcomes at the discharge point of the site; and
65.2.	a contingency plan to monitor for and to remove cyanobacterial and algal outbreaks from waterbodies, including costs, is provided for approval with the Operational Works application and the approved version is implemented throughout the lifetime of the development.  All stormwater runoff treatment must be undertaken within the development areas of the site. Stormwater likely to contain grease and oil (i.e. from all roads and car parking areas) shall be managed via grease and oil arrestors prior to treatment within bioretention basins, wetlands and water quality control ponds.
66.	Wetlands, bioretention basins and other water quality treatment devices shall be designed and constructed in accordance with Healthy Waterways Water Sensitive Urban Design – Technical Guidelines for South East Queensland 2006, Water by Design Bioretention Technical Design Guidelines 2014, Healthy Waterways Water by Design Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands February 2009. In the case of any inconsistencies between these documents, the most recent document shall prevail.
67.	Stormwater treatment strategy must be designed and maintained to achieve compliance with the approved version of B14158.W.07L.AMcP.ag.docx dated 8 October for the Stormwater Management Construction and Maintenance Plan Framework.
68.	The detailed Stormwater Management Construction and Maintenance Plan (SMCMP) must be designed and implemented in accordance with the framework detailed in the approved version of  B14158.W.07L.AMcP.ag.docx dated 8 October and approved by the Council prior to issue of operational works approval:
69.	The owner of the development is responsible for all costs associated with the construction and ongoing maintenance and repair of the treatment of stormwater on the site and for all catchments that enter the site.
70.	The Operational Works Application must include calculations in accordance with the Queensland Urban Drainage Manual to demonstrate that the confluence of stormwater at the drainage easement will not cause scour and that any required dissipater/erosion control can be contained wholly within the applicant’s property.
71.	Any waters captured on site must be plumbed to be available for all external uses including gardening, irrigation, filling swimming pools and outdoor cleaning, as well as all ground floor toilet cisterns and washing machine cold taps.
72.	Operational Works Application must demonstrate that the peak 1-year ARI event discharge off site is limited to the pre-development peak 1-year ARI event discharge flow.
73.	Prior to commencement of use, the applicant must provide Council with a performance bond to the value of 150% of the value of monitoring and maintenance of the water bodies for the first 5 years of full operation.  The bonds shall be incrementally released annually following completion of the development and upon demonstration to the satisfaction of Council Officers that all aspects of the approved version of the detailed Stormwater Management Construction and Maintenance Plan required by this approval have been implemented to effectively prevent or reduce likelihood of cyanobacteria outbreaks for the site for the preceding year.
Water & Sewer Connections
74.	An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
75.	A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Power Supply
76.	An underground electricity service shall be provided to the site if not already provided. In this regard, an approved ENERGEX Electrical Design Consultant shall work in conjunction with Council’s Manager - Works Support to prepare detailed designs of the electrical proposal.
The detailed designs shall then be submitted to ENERGEX for approval and a copy of their approval submitted to Council in conjunction with a “Certificate of Electricity Supply for Proposed Subdivisions” (prepared by an approved ENERGEX Electrical Design Consultant) prior to Council endorsing the Plan of Survey.
Any agreement with ENERGEX or an approved ENERGEX Electrical Design Consultant shall be wholly at the applicant’s expense and shall not entail a financial encumbrance on future purchasers of the proposed lots.
77.	The requirements of ENERGEX shall be satisfied in relation to any existing services traversing the site. Written confirmation by ENERGEX that satisfactory arrangements have been made to formalise any required easements and/or existing informal services shall be submitted prior to Council endorsing the Plan of Survey.
78.	Streets lighting and pathways lighting throughout the development site must be provided in accordance with Australian Standards.
79.	Street lighting shall be provided along Pearsons Road frontage of the site in accordance with Australian standards.
Telecommunication
80.	The requirements for TELECOMMUNICATION services shall be satisfied in relation to the provision of new telephone services to the developed site.  In this regard written confirmation from an approved telecommunication agency shall be submitted to the Council prior to Council endorsing the Plan of Survey.
Erosion and Sediment Control
81.	Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
General
82.	A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.  In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works.
83.	Digital detailed designs including drawings, calculations, specifications and a schedule of works, shall be submitted with any application for a Development Permit for Operational Works in respect of roadworks and stormwater drainage works. The design shall be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks.  To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
84.	To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at www.adac.com.au).
85.	A construction management plan/strategy shall be prepared by a suitably qualified Registered Professional Engineer and submitted to Council in conjunction with any application for Operational Works. The construction management plan shall ensure no damage occurs to Council services and that any adverse impact on the local area due to the construction works is within the acceptable limit and properly managed to the satisfaction of Council.
86.	A Traffic Management Plan for the each separate demolition and construction phase of the development shall be submitted to and approved by Council at least 5 working days prior to the commencement of any Demolition or Building works or at least 5 working days prior to the pre-start meeting for Operational Works.  The Traffic Management Plan shall include but not be limited to:
86.1.	Mitigate any adverse impact and disturbance on the local residential area and on the traffic in the local and main roads to acceptable limits
86.2.	Mitigate dust disturbance caused by vehicles and machinery movements
86.3.	Limit the routes for the heavy vehicles to the major road network and limit the use of the local roads within residential area as access to the site
86.4.	Indicate provision for on-site and off-site parking for the required workforce
86.5.	Indicate the location of loading and unloading areas
86.6.	Indicate the location of any “holding” areas for heavy vehicles
86.7.	Operating hours.
Note - the Elm Street frontage of site shall not be used for access, parking or loading and unloading during construction (and post construction) phase unless a specific written permit obtained from the Department of Main Roads.
87.	Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
88.	Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
89.	The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
90.	As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer for design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of all services and structures.  All of which shall be submitted to Council for checking and for Council’s records.
The data must fully detail levels for all engineering works including but not limited to roadworks, pathway, sewer main, water supply main, finished ground levels and pavement surface levels and drainage structures that will become Council asset.  The data shall be submitted in the Asset Design and As Constructed (ADAC) digital format.  (Guidelines on the use of ADAC are available at www.adac.com.au).
Approval of works shall not be granted until all As Constructed information has been supplied and accepted by Council.
Waste Management
91.	A Waste Management Plan (construction and demolition) shall be submitted prior to demolition, removal or relocation of any building other than a shed. Waste Management Plan (construction and demolition) is also required for construction of 15 or more dwelling units or for any business use of greater than 500m².
Waste Management Plans (construction and demolition) are required to be submitted in accordance with Planning Scheme Policy 11, Waste Management Plans see table below. Waste storage areas are to provide for adequate separation of all reusable, recyclable and waste materials. These shall be located so that they are convenient and safe to use. The Plan shall contain the following information:
The site area for the storage and separation of waste is to be shown on the plan drawings accompanying the application.
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed.
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume (m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials.  Additionally, Council rewards those who segregate waste by significantly reducing disposal fees at the landfill some items are free. Higher gate fees are charged for loads of mixed waste.
Mosquito Protection
92.	A Management Plan must be submitted for the control of mosquitos from the three large water basins, including form of construction of basins, vegetation in and along the shoreline, on-going monitoring and eradication treatments.  Plan is to be approved by Council’s Environmental Health Section.
Noise Management
93.	The location and operational hours of mechanical plant equipment including domestic air conditioning units, is not to create a noise nuisance to occupiers.
94.	Noise from building works associated with residential development must comply with the following–
94.1.	Limited to between 7:00am to 6:30pm Monday to Saturday.
94.2.	All reasonable measures are taken to minimise noise emissions.
94.3.	Not permitted on Sunday or public holidays.
Waste Management
95.	A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9 Waste Management must be submitted for the day-to-day operation of the development and approved by Council’s Waste and Health Section prior to issue of development permit for operational works.
It is critical that waste areas are properly planned.  A copy of Planning Scheme Policy No. 9 Waste Management explaining exactly how to predict waste quantities and design waste areas is available from Council and online. The Plan shall include the following information:
	The types of waste that will be generated from the activities approved within the development.
	Estimated volumes or tonnage of both recyclables and waste generated.
	Methods to be used for dealing with garden waste.
	Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.
	Description of procedures for getting all waste to the bins; the storage of bins and the collection of bins by the contractor.
	A description of the design details of waste storage and recycling areas including size, location, elevation and floor plan, methods of bin washing and system to prevent storm water getting into sewer via the bin wash.
	A description of types and volume of waste storage containers to be used.
	The waste and recycling storage areas shall include the provision of containers for all waste and recycling materials including putrescible matter, non-recycling waste, paper/cardboard, glass, aluminium/steel cans, waste oil, styrofoam boxes, etc, and bin washing facilities connected to sewer at each storage area.
	A detailed description of vehicular access to collect waste.  Where collection is off street, access must allow vehicles to enter and leave the site in a forward direction.
96.	The waste storage area for independent living units and clubhouse must:
96.1.	Be located with direct access off Trading Post Road.
96.2.	Have a turning area suitable for a 12.5m length HRV.
96.3.	Be completed in time to accommodate the occupation of any stage 1A units.
96.4.	Be provided with additional waste and recycling receptacles as further stages are completed.
97.	The waste storage area for the aged care facility must be located directly adjacent to the loading bay driveway.
B	Approve the Reconfiguring a Lot application (REC15/0031) in accordance with the following conditions
Reconfiguring a Lot Conditions for 4 Lots into 3 – REC15/0031
When Conditions Must Be Complied With
1.	Unless otherwise stated, all works required by these conditions must be completed prior to submission of the subdivision plan to Council for compliance assessment.
Approved Plan
2.	Development, including staging of the development, shall be undertaken in accordance with this approval and must generally comply with the approved plans of development. The approved plans are titled and numbered:
Plan Title	Drawing Reference	Revision	Date	Prepared by
Plan of Proposed Reconfiguration	CO-ROL-2015	A	11/09/2015	Palm Lake Works
and as may be amended by these conditions.
Lot Amalgamation and Road Dedication
3.	The Plan of Survey must include any road reserve dedications for any necessary road widening for the proposed roadworks, electrical transformers and truncation at the intersection of Pearsons Road with Elm Street to ensure the existing power lines crossing this corner of the site are located within road reserve.  The new boundary line setback from the power line shall be in accordance with ENERGEX’s requirements and adequate to accommodate any proposed or future roadworks and pathway at this corner of the site.
4.	Pursuant to s342 of the Sustainable Planning Act 2009, the Development Permit for Reconfiguring a Lot lapses if the subdivision plan has not been registered by the relevant titles authority commenced by 21 July 2020.
C.	Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
1.	The development provides a logical extension of the approved retirement use on adjacent land and will support the retirement housing needs of Cooroy.
2.	The rural zoned allotment does not support any significant rural activities or agricultural values and the development will not affect Cooroy’s rural production capacity.
3.	The development will not adversely impact on existing residential and rural uses in the area.

REPORT
PROPOSAL
The application seeks approval for a Material Change of Use and Reconfiguring a Lot at 2 & 4 Lamonts Road and 19 & 20 Trading Post Road. The site has existing development approvals for a retirement village (164 independent living units and common facilities) and an aged care facility (120 beds) currently under construction by the applicant, Palm Lakes Works. This application seeks to expand the approved development via incorporation of two neighbouring allotments and involves the following:
Material Change of Use for - Multiple Housing Type 3 – Retirement and Special Needs for an additional 56 independent dwelling units (220 total), Aged Care (120 bed) and ancillary facilities;
Reconfiguration of a Lot for a 4 into 3 lot subdivision (boundary realignment & lot consolidation).
The development site is to be increased by incorporation of Lot 1 on RP165418 (2 Lamonts Road) and Lot 4 on RP215922 (20 Trading Post Lane) indicated in Figure 1 below. Lot 1 is included in the Community Services zone, consistent with the approved development site, and Lot 4 is zoned Rural.

Figure 1 – Additional Lots Added to Development Site

The overall development layout remains broadly similar but is modified across the entire site to incorporate the additional allotments. In general terms, Lot 1 added in the northwest corner of the development contains additional independent living units and Lot 4 to the east contains only 6 independent living units but accommodates a relocated bowling green, stormwater detention basin, caretaker’s residence, car parks and caravan/RV storage spaces.
A comparison of the approved and proposed layout plans is shown in Figure 1 below. Larger scale plans are attached, with the current approved layout plan in Attachment 1 and the proposal plans in Attachment 2.  The proposed staging plan is Attachment 3.

Figure 2 – Approved Layout Plan (Left) & Proposed Layout Plan (Right)
Other changes to the approved retirement village development comprise:
Increased size of main clubhouse and communal building from 1,769m2 to 2,100m2 to include two new ten pin bowling lanes, a craft room, larger main hall and multipurpose hall/theatre, and other general layout changes.
Addition of an 80m2 golf room with a two bay golf simulator.
Additional tennis court.
New caravan storage area and wash bay
New caretaker’s residence.
Figure 3 below shows the layout proposed for the new main clubhouse.

Figure 3 – Proposed Clubhouse
The approved retirement dwellings that will occupy the majority of the site are generally 2 bedroom + study arrangements, with occupancy contractually restricted by the operator to one couple only. New residents will be offered a choice of designs, with an indicative range of single-level, hebel block construction, dwelling designs submitted with the previous change application.  The proposal plan includes minimum setback requirements for the dwellings within their individual site areas, being:

The resulting “building envelope” within the individual dwelling sites is shown on the proposal plan as follows:

Figure 4 – Proposal Plan Extract Showing Dwelling Siting Arrangement
The Aged Care Facility at the southern end of the development, fronting Pearsons Road, remains at 120 beds but has been rearranged.  The application lists the following layout changes:
Buildings rearranged to a linear with centrally located services and lineal residential wings;
Car parking rearranged for more efficient use of the site and access/egress has been simplified;
Separation of the dementia wing to provides greater amenity, privacy and sensitivity in  the delivery of specialised 24h care;
Additional veranda’s and covered walkways to improve the pedestrian experience and general amenity experience of residences; and
The low and high care wings have been separated by a central multi use zone.  Resident dining and socialisation areas are centralised for ease of supervision and service provision.
The proposed aged care layout is shown in Figure 5 below.

Figure 5 – Proposed Aged Care Facility Layout Plan Extract
The lot reconfiguration component of the application proposes to consolodate the site’s 4 existing lots into 3 lots and relocate some boundaries as shown in the plan extract in Figure 6 below (refer to Attachment 4 for full plan). The resultant 3 lots will separate the retirement village, aged care facility and existing rural dwelling onto individual lots.

Figure 6 – Proposed Lot Reconfiguration Plan Extract
The application is before Council due to the development’s conflict with the provisions of The Noosa Plan for the Rural zoning of one of the site’s allotments.
site details
Background
A Development Permit for a Material Change of Use – Multiple Housing Type 3 – Retirement & Special Needs was issued on 8 February 2010 and took effect on 23 June 2010 with the issue of a Negotiated Decision Notice (Ref. 132007.2398).

The approved development comprised 159 detached and semi-attached independent living dwellings (retirement housing), 20 retirement units within a 2-storey building, a 120 bed aged care facility within a 2 storey building and a community centre.

The primary issues assessed with the original application related to the gas pipeline buffer, streetscape presentation to Trading Post Road, acoustic mitigation and building height.  At the time the original application was publicly notified, 2 properly made and 1 not properly made submission were received.  The submitters were primarily concerned with traffic impacts, which were addressed as part of the approval.

A request to extend the relevant period of the existing approval for a further 2 years was approved on 24 June 2014.

A request to change to the existing approval was approved on 2 March 2015. The changes replaced the approved RSL Care architectural scheme with the Palm Lakes scheme shown in Attachment 1. Previous multi-level buildings were deleted and the independent living units standardises to single-storey detached dwelling options.

The applicant submitted amended plans for consideration in August 2015 (amending the layout of the clubhouse building) and November (further amending the clubhouse and altering the staging), which were found to be generally in accordance with the existing approval.

The applicant submitted further amendments to the clubhouse and staging plans in November 2015, which were also found to be generally in accordance with the existing approval.

Council issued a development approval for an estate sales office on the site on 11 March 2016. The sales office is already operational and is accessed via Pearsons Road.
Site Description
The subject site totals 14.75ha area and comprises the following lots:
Lot & Plan Number	Address	Zone	SEQ Regional Plan Designation	Area  (ha)
Lot 1 RP 215922	19 Trading Post Lane	Community Services	Urban Footprint	9.51
Lot 4  RP 215922	20 Trading Post Lane	Rural	Urban Footprint	2.0
Lot 1 RP 165418	2 Lamonts Road	Community Services	Urban Footprint	0.81
Lot 2 RP 165418	4 Lamonts Road	Community Services	Urban Footprint	2.43
			Total:	14.75
The site has frontage to Lamonts Road, Pearsons Road, Trading Post Road and Elm Street, which is a state-controlled road. The land is mostly vacant with scattered vegetation with the exception of detached houses on 3 of the lots, 2 dams and a number sheds.  The land slopes gently toward the east and has a number of man made and natural undulations and drainage paths.
Clearing and earthworks associated with the approved development commenced in November 2015 and is ongoing.
An aerial photograph of the site and its surrounds is shown in Figure 7 below.

Figure 7 – Locality Plan
The Urban Footprint boundary mapped under the Southeast Queensland Regional Plan is shown in Figure 8 below.

Figure 8 – SEQRP Urban Footprint Boundary to North of Subject Site
The site’s split zonings are shown in Figure 9 below.

Figure 9 – Zoning Map Extract
Surrounding Land Uses
Detached housing is the predominant land use adjacent the site along Pearsons Road and Trading Post Road whilst Lamonts Road is characterised by semi-rural/rural land uses.  Opposite the site, the North Coast railway line runs alongside Elm Street, with the Cooroy Railway Station located approximately 1.5 kilometres south of the site in the centre of Cooroy township.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 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;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
State Planning Policy 2014
The interim development assessment requirements of the State Planning Policy apply to the development in regard to water quality and natural hazards (bushfire and flooding).  The development is able to comply with the requirements of the Policy and details of the assessments against these aspects are provided in Section 3.3 of this report.
South East Queensland Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan and the proposal is consistent with the regional policies of the SEQ Regional Plan 2009 - 2031 and the SEQ Regional Plan Regulatory Provisions.
Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy & Lake Macdonald Locality and has duel zonings of Community Services and Rural, as shown in Figure 8.  The retirement & special needs use is identified as a consistent use within the Community Services zone and inconsistent in the Rural zone. The application is required to follow an impact assessable application process.
Locality Provisions
The development’s level of compliance with the built form provisions applicable to the site is shown in the table below.
Parameter	Requirement	Approved Development	Proposed Development	Complies?
Population Density	No requirement Semi Attached & Attached Housing Zones – 100 persons per hectare (for comparison purposes)	Less than maximum for land zoned Semi Attached and Attached Housing.	Less than maximum for land zoned Semi Attached and Attached Housing.	
Site Cover	50%	Approx. 30%	Approx. 30%	
Plot Ratio	Max population density x 40m2 Semi Attached & Attached Housing - 1275 x 40 = 51,000m2	Less than / consistent with maximum plot ratio for land zoned Semi Attached and Attached Housing	Less than / consistent with maximum plot ratio for land zoned Semi Attached and Attached Housing	
Building Height	2 storeys / 8 metres (Community Services Zone) 2 storeys / 9 metres to a roof ridgeline (Rural Zone)	1 storey / 7m (to ridgeline of Clubhouse roof) N/A	1 storey / 7.86m (to ridgeline of Clubhouse roof) 8.76 to ridgeline of covered bowling green roof	 
Setbacks	Frontage - 6 metres Elm St Trading Post Rd Pearsons Rd Lamonts Rd Side 2 metres / half building height	6m 6m (5.5m to corner of Aged Care building) 6m 6m 1.5m (Conditioned to comply)	6m 6m (5.5m to corner of Aged Care building unchanged) 6m 6m 1.5m (Conditioned to comply)	  X   X
Roof Form	12 degrees / eave overhangs	15 degrees + 450mm eaves only	15 degrees + 450mm eaves only	 X
The expanded development does not introduce any new significant built form relaxations, with the previous minor eaves width and setback relaxations remaining similar and conditions recommended where appropriate.
The primary assessment issue raised by the Locality Code is the expansion of the development onto the neighbouring Rural zoned allotment. The retirement use is proposed over approximately 1.4ha of the 2.0ha Rural lot, with the balance area to continue to contain a detached house on a smaller lot resulting from the proposed lot reconfiguration.
The applicant submits the following comments to support the use on the rural zoned land:
Palm Lake Resort have recognised that an ageing population requires more housing – this is because older persons tend to live alone or as couples, pushing down the overall occupancy of dwellings. As a greater proportion of our population ages, additional housing will be required to accommodate these households.
For older Australians, there is a clear preference to remain living in a detached house. As such, the need for well-located and affordable accommodation is important. The degree to which older persons are able to move into more suitable accommodation is very much affected by a range of matters – from the availability of housing, to individual choice or family and affordability.
Australia’s ageing population will bring significant change in housing demand, both in terms of location and dwelling type. The availability of suitable, comfortable, affordable and accessible housing is important for older people, and will factor as a significant influence of demand from both retiring households.
In light of the above, there are sufficient grounds to justify approval despite conflict with the Noosa Plan. The grounds include:
There is a need to provide accommodation for an aging population in terms of location and dwelling type;
The proposed development provides a specific type of affordable residential accommodation targeted at mature aged living and aged care that offers a full range of co-located services and facilities; and
The proposed development has the potential to provide significant community benefits, namely the creation of additional employment opportunities (construction, maintenance and services) and expenditure within the town of Cooroy by the residents.
The applicant’s grounds are generally agreed, however, are broad statements about the societal need for the development and the benefits to Cooroy nature.  Further site specific characteristics are considered to contribute to the grounds to support the use, being:
The site is small for a rural zoned allotment being only 2.0ha, which would more commonly be zoned Rural Settlement in the Noosa area.
The site does not support any significant rural activities or agricultural production and supports only a single detached house, which will remain.
The land is within the urban boundary and mostly surrounded by urban development in the form of detached housing to the east and the approved retirement living development to the west and northwest.
The Rural zoned land is considered to provide a logical extension to the approved retirement living development. The expansion will not introduce any significant new impacts on existing uses in the area or adversely affect Cooroy’s rural production capacity. Cooroy township has been the focus for residential growth in the Noosa hinterland’s for an extended period (mainly through urban subdivisions). The development both supports this growth and is itself supported by the high level of services and facilities available in Cooroy.
Land Use, Works & Overlay Code Provisions
The following further codes within The Noosa Plan are most applicable to this application:
Residential Uses Code
Driveways & Carparking Code
Landscaping Code
Engineering Works Codes
Natural Resources Overlay Code
Natural Hazards Overlay Code
The application has been assessed against each of the above applicable codes. The pertinent issues arising out of the assessment of the expanded development are listed below.
Staging
Applicant proposes to stage the development works.  It is recommended the development be carried out in 5 stages in lieu of 6 stages by combining Stage 4 and Stage 5 as shown on the plans submitted by the applicant.  Stage 1a should include the majority of the external works including the roadworks on DTMR’s main roads and two bus stops and conditions are recommended accordingly.
Roadworks
Required roadworks include the upgrade of the Elm Street’s intersections with Pearsons Road and Lamonts Road in accordance with DTMR’s requirements.  Further upgrades will be required on Pearsons Road, Lamonts Road and Trading Post Road, which are Council roads.
Bus Stops
A single bus stop on Elm Street was included in the requirements for MCU permit approval 132007.2398.02 to be located about 70m south of Pearsons Road.  However, the Concurrence Agency’s (DILGP) response and conditions (dated 21 April 2016) requires two bus stops to be provided by the applicant.  It is noted that the engineering drawing (No RF02 Rev. B) for the Pearsons Road intersection submitted by applicant and endorsed by the referral agency (DTMR) shows only one bus stop.  This matter can be addressed when finalising the related OPW approvals.
Flooding
The site is not currently included in a flood hazard area but the proposed amendments to The Noosa Plan’s flood hazard mapping indicate part of the additional Rural Zoned lot (Lot 4 RP 215922) is within a Flood Hazard Area.
The issue was raised with the applicant, who provided assessment to demonstrate the development works on the lot will not adversely impact on flooding in the area.  Development Assessment staff have discussed the mapping with Council’s Strategic Planning Unit and its external Hydrology Consultant, Hydralogic Pty Ltd.  Hydralogic provided the following flood mapping extract for the site:

Figure 9 – Hydralogic Flood Map Extract for Lot 4, 20 Trading Post Lane
The discussions with Council’s specialists and review of submitted survey information indicate:
Almost all of the Lot 4 at 20 Trading Post Road is above RL 98.0m AHD, with the exception of an open drain running along the northern boundary.  As such, the land is considered above 1%AEP Flood Level for 2100 climate change conditions which is estimated at RL 97.5m AHD.
The inundation for a 1%AEP (year 2100) flood event is not anticipated to extend onto 20 Trading Post Road.  While there is potential for localised inundation from the upstream catchment, it would only affect the two drainage paths within the site.
The land survey plan shows the existing house to be retained on this property has floor level above RL 100m AHD.
It is therefore concluded the expanded development will not adversely impact on the flooding conditions on upstream or downstream properties and complies with the requirements of the Natural Hazards Overlay Code.  Conditions are recommended requiring the following:
earthworks and drainage devices to be designed to maintain existing conditions on neighbouring properties
fencing along the northern boundary line adjoining Prospect Park to ensure unobstructed stormwater flows
Noise
The existing approval is subject to the requirements of an approved Acoustic Report which addresses:
Road & rail noise intrusion into buildings
Mechanical plant noise emissions
Noise emissions from onsite activities
A revised acoustic assessment has been submitted for the development and its recommendations require the construction of a 2.1m high acoustic fence to the Elm Street frontage to attenuate road and rail noise, differing acoustic construction standards for buildings across the site, and provisions for mechanical equipment such as air conditioners.  Conditions are recommended to ensure the development incorporates the requirements of the acoustic report, mechanical equipment does not cause noise nuisance and the development operates in a way that does not affect the amenity of residents in the area.
Gas Pipeline Buffer
The site is within a mapped buffer area to a designated future gas pipeline approximately 30m to the northeast.  The issue of development within the buffer area has been considered by Council in assessing the existing approval and a number of nearby subdivisions approved under The Noosa Plan.  Council has previously accepted urban development within the buffer on the basis the pipeline operator has no safety concerns and provided written consent to development within the buffer.
Noosa Plan Amendments
The development provisions relating to the site remain broadly unchanged under the pending amendments to The Noosa Plan, with the exception of the expanded natural hazard areas.  The amendments indicate the site within a flood hazard area (as addressed above) and a bushfire hazard area.
In regard to bushfire risk, the expanded development on Lot 4, 20 Trading Post Road contains medium and low bushfire hazard areas.  Vegetation directly outside the site to the north comprises a stand of trees approximately 20m wide, with open pasture beyond.  A 40m wide vegetation break exists adjacent the site, which is a high voltage electricity easement and future gas pipeline route.  As such, the level of bushfire risk from neighbouring vegetation is likely to be low.  The development layout provides for setbacks greater than 1.5 times tree height to the vegetation for the new independent living units and clubhouse.  The caretaker’s residence is within the deemed-to-comply setback distance and future assessment for a building permit will either need to confirm the vegetation is low risk or is suitably addressed.
cONSULTATION
IDAS Referral Agencies
The application was referred to the State Assessment & Referral Agency (SARA) in relation to the State Controlled Roads & Transport Infrastructure concurrence agency matters.  SARA responded by letter dated 15 April 2016. The concurrence response includes Department of Transport & Main Roads concurrence agency conditions relating to the development’s proximity to a main road (Elm Street) and its potential impact on transport infrastructure due to the scale of residential development.  The Department’s conditions require:
Construction of the acoustic fence to Elm Street, as identified in the applicant’s acoustic report
Construction of bus stops on both the northbound and southbound lanes of Elm Street south of the Pearson’s Road intersection
Stormwater management controls relating to Elm Street
Road upgrades to Pearsons Road/Elm Street (Cooroy Connection Road) intersection, including:
Channelised right turn treatment (CHR)
Auxiliary left turn treatment
Pedestrian crossing facility including necessary overhead lighting
Road upgrades to Lamonts Road/Elm Street (Cooroy Connection Road) intersection, including
Channelised right turn treatment
Auxiliary Left turn treatment
If Council approves the application, the concurrence agency conditions must attach to the development approval.
Other Referrals
The application was forwarded to the following internal Council specialists:
Development Engineer
Waste Management Officer
Health Officer
Environment Officer
Their assessment is included in this report.
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. One not properly made submission in the form of a petition with 20 signatures was received. The petition indicates the signatories are residents of Prospect Place & Trading Post Lane. The following table provides a summary and assessment of the issues raised by submitters.
Issues	Comments
Pearsons Road is the feeder road of approximately 100 existing dwellings. The Palm Lake development has the potential to increase traffic volume by 300%. Trading Post Lane will have an increased traffic flow of approximately 500 vehicles a day. You can clearly see that this lane/road is a residential road not built for such volumes.	Council engineers have assessed the submitted traffic impact assessment and find the increased traffic levels are acceptable, subject to the conditioned upgrade works. The extent of “out of zone” residential development is limited to only 6 dwellings and a caretaker’s residence on the rural zoned allotment.
We believe there will be insufficient space for staff and visitor parking on site and that this will overflow into Prospect Place and Trading Post Lane, so impeding resident's safe passage to their properties. This has the potential to compound when the respite centre is built. It is worth noting that Prospect Place is a single lane cui de sac with many small and school age children residing there.	A total of 148 spaces are proposed, being 55 visitor spaces for the retirement living component and 93 visitor/staff spaces for the aged care.  These meet the requirements of The Noosa Plan and overflow parking impacts are unlikely.
The current shape/configuration of the entrance, and therefore exit, of Pearsons Road onto Elm Street can be difficult because of this. There have been accidents there in the past.  The volume of traffic already indicates that a turning lane is required and this will only get worse if the entry to the Palm Lakes development is off Trading Post Lane.	The intersection is conditioned to be upgraded to meet Council and Main Roads’ standards.
The main entrance to the Palm Lakes Development could be off Elm Street and or Lamonts Road, with turning lanes off Elm Street and perhaps the extending of the 60kph speed limit to start from Lamonts Road.	DTMR will not allow access off Elm Street.  An access is proposed via Lamonts Road with approximately half the retirement living trips anticipated to be via that access.
A development application has been submitted for a building already built on Pearsons Road.  We note that this building does not appear to be fastened to the ground i.e. not cyclone proof. We are concerned that the Palm Lakes Resort group may be acting with an attitude of 'do now and seek permission later'?"	The small project sales office was separately approved by Council in March 2016 (Ref. MCU15/0119)
conclusion
The application to expand the existing Palm Lakes retirement and aged care development approval raises a number of assessment issues.   Road and bus stop upgrades are important to accommodate the use on the site and extensive conditions are recommended for these.  Development of the site’s rural allotment raises flooding/drainage requirements, which can also be addressed by conditions.
The primary assessment issue is the proposed development’s expansion onto Rural zoned land, where The Noosa Plan identifies the retirement living use as an inconsistent use within the zone.  The rural lot is relatively small, substantially surrounded by urban development and not considered to have values that warrant its protection for rural purposes.  The assessment finds the following grounds to support the proposal, despite the conflict with The Noosa Plan:
The development provides a logical extension of the approved retirement use on adjacent land and will support the retirement housing needs of Cooroy.
The rural zoned allotment does not support any significant rural activities or agricultural values and the development will not affect Cooroy’s rural production capacity.
The development will not adversely impact on existing residential and rural uses in the area.
The application is recommended for approval subject to conditions.
Departments/Sections Consulted:

	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	x	Planning & Infrastructure		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Infrastructure Planning & Design		
	Governance	x	Planning & Environment		
	Human Resources		Strategic Land Use Planning		
	Sustainability				

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Community Services
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SITE DETAILS

19 TRADING POST ROAD,
COOROY,

LOT 4, RP 215922

TOTAL SITE AREA 20 239m?
TOTAL GFA 8 950m?
TOTAL RESIDENTS ROOMS
120

TOTAL CARPARKS 93
IMPERMEABLE AREA
12960m?


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EF VICE _ yp oTWR! ATER DF 2))20E
COPRIDIR \ ESSEVENT ANG) SERVICE
S\ 7 CoP FIDUE