Minor Change Report MCU21 0117.01 · MCU21/0117.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Andrew Gaffney
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0117.01 & OPW21/0199.01
Development Approval	MCU21/0117 & OPW21/0199
Applicant	Cooroy Villas Ltd
Request Received On	2 February 2024
Report Reviewed By	Nadine Gorton
Decision Due Date	

PROPERTY DETAILS
Property Address	5 Pearl St Cooroy Qld  and 54 Elm St Cooroy Qld 4563
RP Description	Lot 2 RP 64750, Lot 2 RP 153798
Land Area	5 Pearl St - 759 m² 54 Elm St – 1,518m²
Existing Use of Land	Detached dwellings

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not applicable
Local Area Plan	Cooroy Local Plan Area Code
Overlays	Regional Infrastructure Overlay Code (Water Supply Pipeline)
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change  an existing development approval for;
One additional two bedroom multiple dwelling unit. The additional unit increases the total dwellings proposed for the site to comprise;
10 x 2 bedroom units (formally approved 9 x 2 Bed units); and
2 x 3 bedroom units. A total of 12 multiple dwellings.

Repositioning the entry crossover and driveway on Pearl Street towards the western side boundary.  The new position changes the vehicle entrance area and refuse collection to one centralised location at the Pearl Street frontage;
The driveway repositioning allows for the amalgamation of the building form to Pearl Street into one building versus the approved, two smaller buildings (see Figure 9);
The number of carparks on the site will be increased from the approved 16 spaces (including 3 visitors) to a total of 20 spaces (including 4 visitor spaces ) to accommodate the additional 3 bed multiple dwelling unit and associated visitor space demand.  The updated layout complies with minimum number of carparking spaces required under the scheme;
A minor building height exceedance involving the roof area for Unit 8 to a maximum of 8.2 metres above natural ground level; and
A new site stormwater design incorporating water harvesting and reuse with discharge occurring to the northeast of the site rather than the approved discharge to Pearl Street. The proposed changes to the stormwater concept design will necessitate changes to OPW21//0199 which are also considered in this assessment.

The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan – ground level

Figure 3 – Floor Plan

Figure 4 – Elevations
Figure 6 - Maximum building height blanket image which indicates minor building height exceedances at Unit 8 (most north-east unit)
background
20 March 2024 - Private certification building approval (PC 24/0220) for demolition of existing dwellings at subject site.
19 January 2022 – Negotiated Decision Notice issued for a Material change of use and Operational Works (MCU21/0117 and OPW21/ 0199) for 11 Multiple dwellings.

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 proposed  changes to the approval involves the consideration of including one additional multiple dwelling unit (resulting in a total of 12 multiple dwellings) within the development site which is in accordance with the original development approval for multiple dwellings and will retain the approved two storey building height and vehicle access from Pearl Street;
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:
Medium Density Residential Zone Code;
Cooroy Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes;
Regional Infrastructure Overlay Code (Water Supply Pipeline).

A Negotiated Decision Notice (NDN) was issued on 20 January 2022.
The Noosa plan 2020 was the relevant planning scheme in effect at the time of this approval and remains the current planning scheme and planning scheme provisions for consideration of this minor change request.
An assessment  of each of the submitted minor change requests is provided below:

DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE
Typographic errors relating to the date of approval of the NDN and development description:
Applicant’s Request
The Applicant states that the approval date listed on the NDN correspondence (first paragraph) is 19 January 2021. This date is incorrect and should read 19 January 2022.
The Operational Works description was omitted from Part 2 – Decision Details of the NDN.
Assessment of Request
The approval date of the NDN did occur on 19 January 2022. The Applicant’s request is supported and the opening paragraph recommended to be amended.
The Operational Works reference was omitted from the NDN Part 2 - Decision Details and the Applicant’s request is supported and Part 2 - Decision Details is recommended to be amended to include the Operational Works reference.

Condition 2 of the Material Change of Use Development Permit
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A.001	B	Site Plan, prepared by Zest Design	12/08/2021
A.003	B	Development Summary, prepared by Zest Design	12/08/2021
A.004	D	Site Sections, prepared by Zest Design	01/11/2021
PA.100	A	Level 1 Floor Plan, prepared by Zest Design	12/07/2021
PA.101	A	Site Plan, prepared by Zest Design	12/07/2021
PA.200	A	Elevations, prepared by Zest Design	12/07/2021
PA.201	A	Elevations, prepared by Zest Design	12/07/2021
PB.100	A	Level 1 Plan, prepared by Zest Design	12/07/2021
PB.101	A	Level 2 Plan, prepared by Zest Design	12/07/2021
PB.200	A	Elevations, prepared by Zest Design	12/07/2021
PB.201	A	Elevations, prepared by Zest Design	12/07/2021
PC.100	A	Level 1 Plan, prepared by Zest Design	12/07/2021
PC.101	A	Level 2 Plan, prepared by Zest Design	12/07/2021
PC.200	A	Elevations, prepared by Zest Design	12/07/2021
PC.201	A	Elevations, prepared by Zest Design	12/07/2021
L.000	B	Landscape Plan, prepared by Zest Design	12/08/2021
L.001	A	Landscape Details, prepared by Zest Design 12/08/2021	12/08/2021
Applicant’s Request
The Applicant has requested that the above ‘Approved Plans’ are fully replaced to reflect the new plans and elevations requested by this change request and the change to architectural and engineering consultants which have occurred.
Assessment of Request
This application includes plans and elevations prepared by a new architectural consultancy, and a new suite of drawings.
The Applicant’s request for amendment and replacement of the Approved Plans documents is recommended for approval.

Condition 5 of the Material Change of Use Development Permit
Building Height
The maximum height of the development must not exceed 8.0 metres above the finished ground level and the natural ground level.

Applicant’s Request
The Applicant has advised that a minor portion of Unit 8’s roof (northeast corner) exceeds maximum building height and has requested that the condition be amended to state a maximum building height of 8.2 metres to accommodate the minor height exceedance.
Assessment of Request
The proposed building is approximately 8.2 metres and does not comply with AO 8.1 of the Medium Density Residential Zone Code and therefore is required to be assessed against P08.

Building height –
PO8 Buildings and structures:
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;
maintain a vegetated skyline;
do not unreasonably obscure views or lead to overshadowing of neighbouring properties;
do not exceed two storeys.

The minor height encroachment above 8.0 metres will occur at the northeast corner of the site only and is not visible from Pearl or Elm Streets.  The development will still present as a two storey multiple dwelling development.

Side boundary building setbacks to the east comply with the Medium Density Residential Zone Code AO12.1, as the height of the building at the 2.0 metre side setback involves the ‘gutter line’ (Figure 8) which is approximately 7.0 metres above ground level.  The building height complies with the side boundary setback being not greater than 7.5 metres.

The development is located to the west of an existing two storey residential development at 7 Pearl Street and will not unreasonably obscure views or result in overshadowing and or overlooking.  Adjoining lots to the northeast are vacant and zoned Environmental Management and Conservation.  The height of the development will not result in overbearing development.

The minor building height increase above 8.0 metres is considered appropriate and complies with PO8 of the Medium Density Residential zone code. It is recommended the Applicant’s request is approved and the condition amended to reflect a maximum height of 8.2 metres for the area indicated on the amended plan.

Figure 7 - 	Sections and Landscape concept indicating fence heights / retaining wall (upper image north / south section, lower  image east-west section) and proposed landscape concept adjacent to the eastern boundary of Unit 8.  Images indicates a proposed 2 metre combined fence and retaining wall height along the eastern side boundaries

Figure 8 - 	Building height adjacent to Eastern side boundary indicating a 7 and 8.2 metre (approximate) maximum building height above ground level

Condition 29 of the Material Change of Use Development Permit
A dense 2m minimum landscaped setback to the full length of the site’s frontage to Pearl Street (excluding access).
A dense 2m minimum landscaped setback to the full length of the site’s frontage to Elm Street.
A dense 1m minimum landscaped setback to all side boundaries (excluding bin enclosure area for U5-U11).
The provision of 3 new street trees in accordance with PSP 2 – Landscaping.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
Applicant’s Request
The Applicant has requested that the landscaping area fronting Pearl Street is redesigned to include a fence and bin enclosure area and therefore these elements will need to be included at the first paragraph of the condition and 29 (b).

Assessment of Request
The amended building form fronting Pearl Street will result in the driveway being relocated to the western side boundary of Lot 2 on RP 153798, resulting in a fence and bin enclosure  across the frontage as shown in Figure 9.

Figure 9 - 	Top image indicates minor change request design to Pearl Street showing new building configuration from 2 buildings to 1 and the relocation of driveway and refuse area fronting Pearl Street.

Bottom image indicates NDN Approved plan also permitting bin enclosure and mailbox areas within front setback.

The NDN Approval allowed for 11 x 240 litre refuse bins located at across the frontage of the sire and within the development..

As shown at Figure 9, the alternative location is proposed to be centralised at the Pearl Street entrance and will minimise the refuse arrangements to contain 2 x, 1100 bins within a screened enclosure.  The bin location therefore does not comply with AO6.4 of the Medium Density Residential zone code and is required to be assessed against P06.

Assessment of Request
The location of the refuse area within the front setback is considered appropriate in this instance for the following reasons;

- 	The NDN approval contained a refuse collection area at the Pearl Street frontage.  The site contains two street frontages with the principal frontage to Elm Street to be substantially vegetated, therefore suitable internal areas of the site to accommodate a designated refuse collection area is limited;
- 	The rationalisation of the refuse collection area to one area rather than 11 X 240 L bins is a more efficient and less convoluted onsite refuse management system within the site;
- 	The removal of the seven bins (open to the weather) within the property and adjacent to neighbouring premises is an improvement insofar as potential odour and noise to existing neighbouring residents;
- 	As part of this change request the landscape concept plan indicates that a 1 metre landscaping strip will be provided across the entire frontage to Pearl Street (aside from the driveway crossover) which will assist with screening the bin enclosure from the street frontage.

For the above reasons the proposed Pearl Street bin enclosure will not impact the visual amenity or character of the area and will improve the amenity to neighbouring properties by improving on-site refuse collection and disposal efficiency.

Condition 31 of the Material Change of Use Development Permit
Site Access and Driveways
A sealed access driveway must be provided from Pearl Street to all parking and manoeuvring areas of the development. The works must include in particular:
A driveway crossover generally in accordance with Councils standard drawing RS-051 and approved plan 21011-C30 Rev D as prepared by Recor Consulting.

Applicant’s Request
Although not specifically required to be changed by the Applicant the condition is required to be amended to reflect the updated technical report prepared by Morgan Consulting.
Assessment of Request
The condition is required to be changed and updated to reflect Council’s standard drawing RS-051  and updated technical report prepared by Morgan Consulting which has been accepted by Council engineers.

Conditions 31, 34 & 35  of the Material Change of Use Development Permit

Applicant’s Request
The Applicant requests that the conditions  are required to be amended to reflect the updated technical report prepared by Morgan Consulting.
Assessment of Request
These conditions are required to be reworded and amended to reflect Council’s standard drawing RS-051 and updated technical report prepared by Morgan Consulting which has been accepted by Council engineers.

Condition 32 of the Material Change of Use Development Permit

Car Parking
A minimum of 16 car parking spaces must be provided and marked on the site. The works must include in particular:
13 covered parking spaces within the total;
Three visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use; and
Dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.

Applicant’s Request
Although not specifically required to be changed by the Applicant the condition is required to be amended to reflect the updated onsite carparking spaces proposed for the site.
Assessment of Request
The condition is required to be changed and updated to reflect Council’s minimum onsite and visitor spaces as required under the Noosa Plan 2020 Driveways and Parking Code.  The updated layout will accommodate 20 onsite parking spaces and four visitor spaces and is considered acceptable.

Condition 34 of the Material Change of Use Development Permit

The site must be provided with a stormwater drainage system connecting to a lawful point of discharge and be in accordance with the Queensland Urban Drainage Manual (QUDM). The works must include in particular:
The works generally as shown on the Approved Plan No. 2101-C30 Issue D as prepared by Recor Consulting,
collection and discharge of stormwater to the trunk drainage network in Pearl Street
extension of the site stormwater system to accommodate stormwater from Lot 1 RP153798 external to the site, including registration of drainage easements over the site drainage system in favour of Lot 1 RP153798
cut off drains within the courtyards of Unit 1 and Unit 2 to intercept runoff from Lot 1 RP153798 and direct such flows to the stormwater pits located in these courtyards
the use of gravity stormwater drainage and not surcharge pits Applicant’s Request

Applicant’s Request
The proposal seeks to discharge stormwater onto the downstream land (to the northeast of the site) described as 48-51C56013. It is understood that these downstream parcels are freehold and owned by the State. This concept differs to the approved management plan, which directed stormwater to Pearl Street (a lawful point of discharge).
The proposed development drainage concept is to contain runoff from roof catchments via downpipes to aboveground detention tanks combined with rainwater reuse prior to discharging to the lawful point of discharge, northeast of the site.

Runoff from the ground catchment will be directed to the bioretention basin and level spreader located in the north eastern corner of the site prior to discharging to the lawful point of discharge. Runoff from the external ground catchment, southwest of the site, will be collected by a positive drainage system and directed to the lawful point of discharge, northeast of the site.
Assessment of Request
The proposed amended stormwater concept as described above has been peer reviewed by Switchback Consulting and is accepted as an appropriate alternative stormwater design for the site.  The condition is required to be updated to reflect the amended and updated technical report prepared by Morgan Consulting.
Council’s Development Engineer sought external peer advice regarding the amended stormwater design from Switchback consulting.

Engineering Summary
The Applicant’s representations are considered reasonable to remove and update relevant plans based on minor changes to the development layout. Amendments will be required to the OPW plans to resolve outstanding stormwater issues. Development Engineering recommends the minor change application be approved, with amendments included below.
Council is unsupportive of the deletion of frontage works from the plans including kerb and channel, and underground stormwater infrastructure. As this site is located within a medium-density residential zone, frontage upgrades will need to be provided to ensure Pearl St has adequate infrastructure for the fully developed scenario. Related conditions will be recommended to remain unchanged.

Conditions 43 – 47  of the Material Change of Use Development Permit

HYDRAULICS
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and the Queensland Urban Drainage Manual), and must include in particular:
The works shown on the Approved Plans
Collection and discharge of stormwater to the trunk drainage network in pearl street
Extension of the site stormwater system to accommodate stormwater from Lot 1 RP153798 external to the site, including registration of drainage easements over the site drainage system in favour of this lot
Cut off drains within the courtyards of Unit 1 and Unit 2 to intercept runoff from Lot 1 RP153798 and direct such flows to the stormwater pits located in these courtyards
The use of gravity stormwater drainage and not surcharge pits
A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with the Bioretention Technical Design Guidelines (Water by Design, 2012), and must include in particular stormwater quality treatment devices of a size and location generally in accordance with those shown in section 4.2 of the Stormwater Engineering Report prepared by RECOR dated 03/11/2021
All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The approved Operational Works drawings for the stormwater quality treatment system and detailed life cycle costing of the system must be attached as an addendum to this document. Records of all maintenance activities undertaken must be kept and made available to Council upon request.
Any proposed Community Management Statement required for the development must include Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) and must include the full cost of maintaining the system in accordance with Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The cost of maintaining the system must be included in the proposed levies for each unit owner.
A primary stormwater quality treatment system must be provided for the development for the effective removal of gross pollutants. All primary stormwater quality treatment devices must be routinely checked, serviced and cleaned in accordance with the manufacturer’s recommendations. Records of all maintenance activities undertaken must be kept and made available to Council upon request.

Applicant’s Request
The Applicant seeks to delete Conditions 43 - 47 as they repeat Conditions 34 - 38 of the material change of use component of the NDN.
Assessment of Request
Council’s Development Engineer has reviewed the Applicant’s request for deletion of the above conditions and agree that the conditions are a duplication and can be removed from the approval.
The Applicant’s request is supported and the conditions are recommended to be deleted.

DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (OPW21/0199)

Condition 48 of the Operational Works Development Permit

APPROVED PLANS
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
21011-C01	B	Cover Sheet and Locality Plan as prepared by Recor Consulting	03 November 2021
21011-C02	B	Existing Features Layout Plan as prepared by Recor Consulting	03 November 2021
21011-C20	B	Site Earthworks Plan as prepared by Recor Consulting	03 November 2021
21011-C30	D	Roadworks and Drainage Layout Plan as prepared by Recor Consulting	03 November 2021
21011-C31	B	Roadworks and Drainage Details as prepared by Recor Consulting	03 November 2021
21011-C35	A	Stormwater Drainage Long Sections 1 of 2 as prepared by Recor Consulting	03 November 2021
21011-C36	A	Stormwater Drainage Long Sections 2 of 2 as prepared by Recor Consulting	03 November 2021
21011-C40	C	Turning Path Analysis as prepared by Recor Consulting	03 November 2021

Applicant’s Request
While not specifically requested by the Applicant the Approved plans are no longer relevant to the approval as the stormwater concept and consultants for the project have changed.
Assessment of Request
Council’s Development Engineer does not object to deleting the Approved plans and amending the condition to request amended plans from the appointed engineers for the application, Morgan Consulting.

Condition 49 of the Operational Works Development Permit
CURRENCY PERIOD
49 	The Currency Period for this development approval lapses if the development has not substantially started by 10 November 2023, unless an application to extend the currency period is approved by Council.

Applicant’s Request
The Applicant seeks to align the currency periods for both the material change of use and operational works approvals of the NDN.
Assessment of Request
Council’s Development Engineer has reviewed the Applicant’s request and does not object to amending the Operational Works approval date to 10 November 2027.

It is recommended that the condition be amended to reflect the updated date.

Condition 97 of the Operational Works Development Permit
Landscaping
97. 	The development site must be landscaped. The works must be undertaken in accordance
Noosa Plan PSP 2 – Landscaping and generally in accordance with the approved landscaping Plans and in particular:
a. A dense 2m minimum landscaped setback to the full length of the site’s frontage to Pearl Street (excluding access).
b. A dense 2m minimum landscaped setback to the full length of the site’s frontage to Elm Street.
c. A dense 1m minimum landscaped setback to all side boundaries (excluding bin enclosure area for U5-U11).
d. Retention of all existing street trees.
Applicant’s Request
While not specifically requested by the Applicant the Condition is required to be amended to reflect the updated site layout and similar landscape details contained under Condition 29.
Assessment of Request
The Condition is required to be amended to be consistent with landscape Condition 29 contained under the Material change of use section of the approval.

Part 5 Referral Agencies

Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 9, Division 4, Subdivision 2, Table 4 – Development within 25m of state-controlled road corridor	The agency provided its response on 25 August 2021 (Reference No. 2107-23919 SRA). A copy of the response is attached

Assessment of Request
An updated SARA approval and conditions was received on 10 April 2024.

The approval references the updated acoustic assessment report prepared by David Moore and Associates dated 17 January 2024 relevant to the site and proposed changes to the amended layout.

cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
The applicant was referred to the Department of State Development, Infrastructure, Local Government & Planning (SARA) for a referral agency response pursuant to Schedule 10, Part 9, Division 4, Table 4 – Development within 25m of state-controlled road corridor.
SARA responded providing updated conditions for an approval.
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Development Engineer - As conditioned.

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. MCU21/0117.01 to make a minor change to an existing approval situated at 5 Pearl St Cooroy Qld 456354 Elm St Cooroy Qld 4563 described as Lot 2 RP 64750 and Lot 2 RP 153798, Council on 12 July 2024 decided to:
A.	Approve the change.
B. 	Development Permit for Material Change of Use – Multiple Dwelling (from 11 to 12 Units)
Correction of typographic error - Paragraph one
I refer to your application and the representations you made in respect to the decision notice. On 19 January 2022, Council decided your representations. This negotiated decision notice replaces the decision notice of 8 November 2021.

Correction of typographic error - 2. Decision Details
Insert additional application information;
Development Permit for Operational Works (Multiple Dwelling - 11 units)

C.	Amend conditions 2,5,29,31,32,34,35 to read as follows:

Condition 2
2	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions. The plans must be amended to incorporate the amendments listed within the table below and resubmitted to Council prior to the issue of any Development Permit for Building Works*

Plan No.	Rev.	Plan/Document Name	Date
7283 – DA02	-	Location Plan and Notes, prepared by Blackburne Jackson	16/05/2024
7283 – DA03	-	Site Plan – Level 1 & Level 2 prepared by Blackburne Jackson	16/05/2024
Amendments	The above plan is required to be amended to accommodate a 0.5 metre wide landscape bed along the full length of the driveway (western side of driveway) from Pearl Street.
7283 – DA04	-	Floor Plan – Level 1 prepared by Blackburne Jackson	16/05/2024
Amendments	The above plan is required to be amended to accommodate a 0.5 metre wide landscape bed along the full length of the driveway (western side of driveway) from Pearl Street.
7283 – DA05	-	Floor plan - Level 2 prepared by Blackburne Jackson	16/05/2024
7283 – DA06	-	Roof Plan - Level 2 prepared by Blackburne Jackson	16/05/2024
7283 – DA07	-	Elevations - prepared by Blackburne Jackson As annotated by Noosa Council.	16/05/2024
7283 – DA08	-	Elevations - prepared by Blackburne Jackson	16/05/2024
7283 – DA09	-	Sections  - prepared by Blackburne Jackson	16/05/2024
7283 – DA10	-	Finishes - prepared by Blackburne Jackson	16/05/2024
7283 – DA17	-	Elevations – Boundary prepared by Blackburne Jackson	16/05/2024
7283_L01-01_G		Landscape Notes and Schedules	Sept 2023
7283_L03-01_G		Landscape Planting Plan prepared by Blackburne Jackson As annotated by Noosa Council	Sept 2023
Amendments	The above plan is required to be amended to accommodate a 0.5 metre wide landscape bed along the full length of the driveway (western side of driveway) from Pearl Street.
7283_L07-01_G		Landscape Details prepared by Blackburne Jackson	Sept 2023

Building Height
5.	The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level except where detailed as 8.2metres on Plan 7283 - DA07 Elevations - prepared by Blackburne Jackson.

The development site must be landscaped. The works must be undertaken in accordance with the Noosa Plan PSP 2 – Landscaping and generally in accordance with the approved Landscaping Plans and in particular:
A dense 2m minimum landscaped setback to the full length of the site’s frontage to Pearl Street (excluding access, fence and bin enclosure).
A dense 2.0 m minimum landscaped setback to the full length of the site’s frontage to Elm Street.
A dense 1.0 m minimum landscaped setback to all side boundaries (excluding stormwater infrastructure).
The provision of 3 new street trees in accordance with PSP 2 – Landscaping.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.

Site Access and Driveways
31. 	A sealed access driveway must be provided from Pearl Street to all parking and manoeuvring areas of the development. The works must include in particular:
a. 	A driveway crossover generally in accordance with Councils standard drawing RS-051 and approved plan 23098 / SK10 Rev G as prepared by Morgan Consulting Engineers.

Car Parking
A minimum of 17 car parking spaces must be provided and marked on the site. The works must include in particular:
14 covered parking spaces within the total;
Four visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use; and
Dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.

Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge and be in accordance with the Queensland Urban Drainage Manual (QUDM). The works must be undertaken in accordance with an Operational Works approval and include in particular:
The works generally as shown on concept plan 23098/SK10 Revision G as prepared by Morgan Consulting Engineers,
Collection and lawful discharge of stormwater to ensure that adjoining properties, reserves and roads are protected from ponding or actionable nuisance from stormwater as a result of any works undertaken.
the site stormwater system is to accommodate stormwater from Lot 1 RP153798 external to the site, including registration of drainage easements over the site drainage system in favour of Lot 1 RP153798
the use of gravity stormwater drainage and not surcharge pits

A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with the Bioretention Technical Design Guidelines (Water by Design, 2012), and must include in particular stormwater quality treatment devices of a size and location generally in accordance with those shown in cross sections shown on concept plan 23098/SK10 Revision G as prepared by Morgan Consulting Engineers.

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Submission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plan/s to Council with amendments. Please address the amended plan/s to Council’s Development Assessment Branch with the Reference No. MCU21/0117.01 separate to any development application.

Part 5 Referral Agencies

Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 9, Division 4, Subdivision 2, Table 4 – Development within 25m of state-controlled road corridor	The agency provided its response on 10 April 2024 (Reference No. 2402 – 39295 SPD). A copy of the response is attached

D.	Delete conditions.
Conditions 43 – 47

RECOMMENDATION
With regard to Application No. OPW21/0199.01, to make a minor change to an existing approval situated at 5 Pearl St Cooroy Qld 456354 Elm St Cooroy Qld 4563  described Lot 2 RP 64750, Lot 2 RP 153798, Council on , 12 July decided to:
A.	Approve the change.
B.	Amend Conditions 48,49,63,86, 97 and 104 to read as follows:

APPROVED PLANS
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
7283_L01-01_G		Landscape Notes and schedules	Sept 2023
7283_L03-01_G		Landscape planting plan	Sept 2023
Amendments	The above plan is required to be amended to accommodate a 0.5 metre wide landscape bed along the full length of the driveway (western side of driveway) from Pearl Street.
7283_L07-01_G		Landscape Details	Sept 2023
The following plans require amendment.
Plan No.	Rev.	Plan/Document Name	Date
23098/SK10	G	Concept Site Levels and Drainage Plan	14/05/2024
Amendments	The drawing is marked as conceptual and includes a note advising the drawing is not to be used for construction. Provide an amended plan that is suitable for Operational Works Construction for Council approval prior to the prestart meeting. Prior to the prestart meeting, provide an amended plan to Council for approval that includes the frontage works required in accordance with the MCU Conditions. Prior to the prestart meeting, provide updated engineering plans which specifically address the following: A piped solution is proposed for Lot 1 SP153798. Due to the proposed surface levels of the development driveway, when events exceed the 2%AEP, or when blockage of the pipe inlet occurs, flooding/ponding on the upstream lot will occur. Revise the design to ensure that no ponding/flooding on the upstream lot will occur in the 1%AEP event based on design blockage allowance for any pipe system, consistent with QUDM. Provide cross and long sections and hydrologic and hydraulic calculations for the swales proposed in the following locations: On the eastern boundary of the development site to convey flows from outlet 2/1 to the LPD From the driveway low-point to the bioretention basin On the northern and eastern boundaries of Lot 1 SP153798 to convey runoff from the external catchment to inlet 1/1 Provide ILs for the structures on the proposed stormwater line and confirm what type of structure is 1/1 (headwall or field inlet)

The Currency Period for this development approval lapses if the development has not substantially started by 10 November 2027, unless an application to extend the currency period is approved by Council.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice;
The relevant conditions of the higher order Material Change of Use approval viz. MCU21/0117.01 to which this approval relates;
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines;
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site.
For the length of stormwater line being installed under the existing Pearl St pavement, the trench reinstatement works must be generally in accordance with Councils standard drawing RS-170.

Landscaping
The development site must be landscaped. The works must be undertaken in accordance Noosa Plan PSP 2 – Landscaping and generally in accordance with the approved Landscaping Plans and in particular:
A dense 2m minimum landscaped setback to the full length of the site’s frontage to Pearl Street (excluding access, fence and bin enclosure).
A dense 2m minimum landscaped setback to the full length of the site’s frontage to Elm Street.
A dense 1m minimum landscaped setback to all side boundaries (excluding stormwater infrastructure).
Retention of all existing street trees.

FOLLOWING CONSTRUCTION / PRIOR TO THE COMMENCEMENT OF THE USE
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit. Certification of the completed works must specifically include RPEQ certification that the completed works conform with all aspects and assumptions of the hydraulic assessment for the development generally in accordance with Site-Based Stormwater Management Plan (Reference 23098 - SBSMP/4 Dated 14/5/2024) prepared by Morgan Consulting Engineers.

C.	Delete conditions.
Condition 50

Reference DOCUMENTS
Plan No.	Rev.	Plan/Document Name	Date
23098 - SBSMP/4	4	Site-Based Stormwater Management Plan prepared by Morgan Consulting Engineers	14/5/2024

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