Council Report MCU15 0109.01

MCU15/0109.01 REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR material change of use of premises MULTIPLE housing type 4 conventional (37 units) situated at 105 resort drive noosa heads

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development

Index	ECM/Application/MCU15/0109.01

Attachments	1.	Approved Plans
2.	Proposal Plans

APPLICATION DETAILS
Applicant	Altum Constructions
Proposal	Material Change of Use - Change to Development Approval
Properly Made Date	21 November 2017
Decision Due Date	19 December 2017

PROPERTY DETAILS
Property Address	105 Resort Dr Noosa Heads Qld 4567
RP Description	Lot 6 SP 178340
Land Area	11,800m2
Existing Use of Land	Site has been cleared in preparation of commencing works

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Semi-Attached Housing
Overlays	Environmental Enhancement Area Bushfire Hazard Area Landslide Hazard Area Low Potential Acid Sulphate Soils
Assessment Type	Minor Change to Approval
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 6 February 2018 regarding Application No. MCU15/0109.01 for a Development Permit for  Material Change of Use - Change to Development Approval situated at 105 Resort Dr Noosa Heads Qld 4567  and:
A.	Amend the description of the development in the Decision Notice to read Material Change of Use – Multiple Housing Type 4 – Conventional (29 Units);
B.	Agree to change conditions 2, 3, 13, 14, and 31 as follows:
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, and may be further amended by the conditions of this approval.
Plan No.	Rev.	Plan/Document Name	Date
7043-DA01	11	LOCATION PLAN & PROJECT SUMMARY by Blackburne Jackson Design	03-11-17
7043-DA02	15	SITE PLAN by Blackburne Jackson Design	12-10-17
7043-DA03	14	SITE PLAN by Blackburne Jackson Design	12-10-17
7043-DA04	08	SITE PLAN by Blackburne Jackson Design	12-10-17
7043-DA05	11	SITE SECTIONS PLAN by Blackburne Jackson Design	12-10-17
7043-DA14	08	BUILDING 25: BASEMENT by Blackburne Jackson Design	12-10-17
7043-DA15	08	BUILDING 25: LEVEL 1 by Blackburne Jackson Design	12-10-17
7043-DA16	08	BUILDING 25: LEVEL 2 by Blackburne Jackson Design	12-10-17
7043-DA17	08	BUILDING 25: ELEVATIONS by Blackburne Jackson Design	12-10-17
7043-DA18	08	BUILDING 25: SECTION by Blackburne Jackson Design	12-10-17
7043-DA19	09	BUILDINGS 23 & 24: BASEMENT by Blackburne Jackson Design	12-10-17
7043-DA20	07	BUILDINGS 23 & 24: LEVEL 1 by Blackburne Jackson Design	12-10-17
7043-DA21	08	BUILDINGS 23 & 24: LEVEL 2 by Blackburne Jackson Design	12-10-17
7043-DA22	08	BUILDING 24: ELEVATIONS by Blackburne Jackson Design	12-10-17
7043-DA23	08	BUILDING 24: ELEVATION & SECTION by Blackburne Jackson Design	12-10-17
7043-DA24	08	BUILDING 23: ELEVATION by Blackburne Jackson Design	12-10-17
7043-DA25	08	BUILDING 23: ELEVATION & SECTION by Blackburne Jackson Design	12-10-17
7043-DA26	04	FINISHES PALETTE / SCHEDULES by Blackburne Jackson Design	12-10-17
7043-DA28	04	FIRE AND EVACUATION MANAGEMENT PLAN by Blackburne Jackson Design	26-06-17
7043-DA30	04	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	12-10-17
7043-DA31	12	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	12-10-17
7043-DA40	02	HEIGHT PLAN PROJECTIONS ABOVE PROPOSED FINISHED GROUND by Blackburne Jackson Design	12-10-17
7043-DA50	01	SITE MAINTENANCE SHED: PLAN, ELEVATION & SECTION by Blackburne Jackson Design	12-10-17
7043-DA102	08	SITE MAINTENANCE SHED LANDSCAPING by Blackburne Jackson Design	12-10-17
7043-DA104	08	BLOCK 25: LANDSCAPING by Blackburne Jackson Design	12-10-17
7043-DA105	08	BLOCKS 23 & 24: LANDSCAPING by Blackburne Jackson Design	12-10-17
7043-DA106	08	BLOCK 24 & CORNER LANDSCAPING  by Blackburne Jackson Design	12-10-17
7043-DA107	07	PLANT SPECIES PALETTE & HARDSCAPE MATERIALS by Blackburne Jackson Design	12-10-17
7038-DA13	07	Overall Staging Plan by Blackburne Jackson Design	14-06-17
DD1.3	H	SITE PLAN by Sparks Architects	27.06.2017
DD1.15	G	GROUND FLOOR PLAN BLOCK 10 by Sparks Architects	27.06.2017
DD1.16	G	FIRST FLOOR PLAN BLOCK 10 by Sparks Architects	27.06.2017
DD1.17	F	ROOF FLOOR PLAN BLOCK 10 by Sparks Architects	27.06.2017
DD1.18	G	GROUND FLOOR PLAN BLOCK 11 by Sparks Architects	27.06.2017
DD1.19	G	FIRST FLOOR PLAN BLOCK 11 by Sparks Architects	27.06.2017
DD1.20	F	ROOF PLAN BLOCK 11 by Sparks Architects	27.06.2017
DD1.21	G	GROUND FLOOR PLAN BLOCK 12 by Sparks Architects	27.06.2017
DD1.22	G	FIRST FLOOR PLAN BLOCK 12 by Sparks Architects	27.06.2017
DD1.23	F	ROOF PLAN BLOCK 12 by Sparks Architects	27.06.2017
WD2.8	B	ELEVATIONS BLOCK 10 by Sparks Architects	23.08.2017
WD2.9	B	ELEVATIONS BLOCK 11 by Sparks Architects	23.08.2017
WD2.10	B	ELEVATIONS BLOCK 12 by Sparks Architects	23.08.2017
The approved development comprises a total of 1 x 2 bedrooms and 28 x 3 bedroom units.
External colours and finishes of the building must comprise of muted environmental tones that blend with the natural environment, as indicated on approved plan DA26 “Finishes Palette / Schedule” by Blackburne Jackson Design.  Buildings 23, 24, and 25 must not contain broad areas of light coloured walls.
Any new boundary fencing along the southern and eastern boundaries must be constructed to allow for the movement of fauna.  Such fencing must:
allow adequate clearance at ground level for local macropods;
not include use of barbed wire or similar materials;
provide regular opportunities for passage over and through for fauna.
A minimum of 68 car parking spaces must be provided and marked on the overall site generally in accordance with the approved plans.  The works may be staged and must be undertaken in accordance with an Operational Works approval and must include in particular:
8 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use.
Crossfalls, gradients and vehicle headroom in accordance with Australian Standard AS2890: Parking Facilities.
The minimum number of parking spaces as indicated on the approved plans for each of the buildings in the particular Stage.
C.	Delete condition 4;
D.	Refuse to amend conditions 49, 50 and 65;
E.	Delegate the powers of Council under the Planning Act 2016 for minor change applications for this development to the Chief Executive Officer; and
F.	Note that the report is provided in accordance with Section 63(5) of the Planning Act, 2016.

REPORT
PROPOSAL
The application seeks approval to change the approved plans for the development of Precinct E2 of Noosa Springs.
The applicant has provided the following schedule of changes to the plans:
It is proposed to change the description of the development to reflect the proposed reduction in dwelling unit numbers anticipated by this permissible change request. The new description of development will be as follows:-
Material Change of Use – Multiple Housing Type 4 – Conventional (29 Units)
Reduce the overall number of dwelling units from 37 to 29. The proposed density of development (i.e. 94.8 persons) remains consistent with the anticipated density under the Noosa Plan of 100 persons / hectare (i.e. 118 persons);
Amend the overall design of the development by:
deleting current Block 26, with the gross floor area that was previously attributed to this building being generally re-distributed across Blocks 23, 24 and 25 which are to be retained. This will result in small increases in the building footprints of these buildings, however, overall unit yield with be proportionately reduced with the introduction of a new ‘premium’ unit offering;
deleting the approved pool, pool deck and barbeque area. Residents of Precinct E2 will be able to use the integrated pool and recreational facilities located in Precinct F;
Introduction of a ‘maintenance building’ in the area of the site previously intended for the pool, pool deck and barbeque area. The ‘maintenance building’ has been setback 6m from the road reserve and sited to ensure previous ‘bushfire recommendations’ within the approved Bushfire Hazard Assessment and Management Plan are achieved. The building will allow for storage of site landscaping and maintenance equipment (e.g. ride-on mowers etc) and include a small basin/wash up area.
Reduction in the number of carparks across the site from 80 spaces to 68 spaces to reflect the new unit mix and yield;
Rationalisation of pedestrian networks across the development;
Minor amendments to the driveway and parking arrangements across the site to realise an improved development footprint and accommodate the new ‘maintenance building’. It is recognised that the amendments to the driveway will also necessitate a consequential amendment to the approval over the adjacent Precinct F (Council Ref: 132005.1133.6). As indicated in section 1.0 of this correspondence above, a separate (yet concurrent) Change Application has been lodged over Precinct F reflecting a corresponding change to the driveway arrangement. We note that this change will also require minor amendments to the associated reconfiguration approval (e.g. reciprocal access easements between Precinct F & E2);
Introduction of new 3 bedroom unit types (i.e. unit types 19, 20, 21 and 22);
Minor variations to the building heights generally as follows:
Block 23 – the receipt of more advanced structural engineering design for the dwellings units, coupled with provision of a greater acoustic treatment between floors has resulted in a minor increase of floor to floor heights by (circa) 130mm per level. This increase in height has been offset by altering the pitch of the roof so as to limit the change to the overall building height, to (circa) 400mm within the existing approved building height plane.
The extended building footprint down the hill, as a consequence of the redistributed Block 26 gross floor area, sits flush with the new building levels and results in a minor intrusion into the 8 metre building height limit measured from natural ground, wherein this intrusion generally consists of balcony and an extended roof line / eave. Notwithstanding, we note that the proposed building height remains well within an 8.0m height plane above the “finished ground plane” at a maximum height of (circa) 6.875m;
Block 24 – the height of this building has changed in a similar manner to, and for the same reason as, Block 23. The proposed building height of Block 24 also remains well within the 8.0m height plane above the “finished ground plan” at a maximum height of (circa) 6.9m;
Block 25 – the overall height of this building has marginally increased (by circa 300mm) generally as a consequence of minor changes to the floor to ceiling heights of individual levels of the building combination with minor changes to the building footprint and roof line. The extension of the built form into the 8 metre building height (above natural ground level) is very minor in nature and predominantly comprises balcony and roof line / eave. Of note, the proposed building height remains well within an 8.0m height plane above the “finished ground plane” at a maximum height of (circa) 7.11m.
The application also proposes to amend conditions 2, 3, 13, 14, 31, 49, 50, 65 and delete condition 4.
site details
Background
The site is located within Precinct E2 of the Noosa Springs development at Links Drive, Noosa Heads.  Noosa Springs is a master planned residential golf estate, with most development on the site completed.  The subject site and the adjoining resort site to the north (Precinct F – refer figure 5) have recently been cleared and works commenced in relation to the existing approvals for each site.
Site Description
The site is a 1.18ha irregularly shaped allotment located on the western slopes of a high dune on the eastern side of the Noosa Springs development.  The lot has frontage to Resort Drive of approximately 290 metres though resort drive ends at a cul-de-sac head halfway along the frontage and the eastern half is unformed/vegetated.  Part of the site was used as a sand quarry in the past, with most of the quarry area located on the adjoining Precinct F site to the north. The land falls from a ridgeline on the eastern boundary sloping down to the Resort Drive along the western boundary.  Most of the site slopes moderately to the southwest at around 15% but there are very steep slopes on the excavated quarry batters near the northern property boundary.
Aerial photographs of the site and its surrounds are shown in Figures 1 & 2.

Figure 1 – Locality Plan

Figure 2 – Aerial Photograph of Site
Surrounding Land Uses
The site is adjacent to Girraween Nature Reserve to the east, Noosa National Park to the south, Noosa Springs Residential Precinct E1 to the west and Resort Precinct F to the North.  Precinct E1 has been developed for 42 multiple dwelling units and Precinct F has a current approval for an integrated resort of 137 multiple dwellings for which a change application has been made.  The Noosa Springs golf clubhouse, restaurant, health spa and common facilities are approximately 200m to the northwest and the Noosa Heads sewerage treatment plant is roughly 600m to the north of the site. Noosa Springs golf course is west of the site and Lake Weyba is 400m to the southwest.
A 3 metre wide footpath reserve runs along the eastern boundary and is the subject of a current Operational Works application which was required by the subdivision approval that created the subject lot.
statutory process
The proposed change to the development approval requested by the applicant is determined to constitute a minor change in accordance with Schedule 2 of the Planning Act 2016 on the grounds that:
The change would not result in a substantially different development as the use remains the same as that approved and the scale and bulk of the development remains generally consistent with the current approval. There are no new uses or changes proposed that would create different or additional impacts.
The changes do not create a new referral trigger to the State Assessment and Referral Agency.
The proposed changes do not vary the level of assessment, with the original development application being impact assessable; and
The changes do not involve prohibited development.
assessment
PLANS
The submitted plans provide for a reduction in the number of units from 37 to 29 and the amended configuration of the units. The resultant changes accord with the allowable population density, 118 allowed and 94.8 proposed, and provide for a development with a scale and bulk consistent with the current approval.
Whilst the amended proposal involves the deletion of one of the residential buildings, the overall form of the approval is otherwise consistent with the previous approval in that the application maintains the multiple dwelling development. The built form is maintained as the buildings will remain a mix of 2-3 storeys with basement car parking. The GFA attributed to the deleted building is re-distributed across the remaining residential buildings.
The deletion of the pool, pool deck and barbeque area are inconsequential when considering the overall development of Precincts E2 and F. These facilities are provided in Precinct F in addition to a gym and other recreational facilities. Common property within the lot re-configuration approval REC17/0022 provides for connectivity between the residential buildings in Precinct E2 and the facilities building on Precinct F.
The reduction in the number of dwelling units has not significantly altered the scale of the multiple dwelling component of the development. The change to dwelling unit composition involves a reduction in the number of 2 bedroom dwelling units from 4 to 1 and a decrease in the number of 3 bedroom dwelling units from 33 to 28. There are no one bedroom units in the original development approval. The reduced 2 bedroom units results in a slight loss of housing diversity, however, there is no provision within the planning scheme requiring a mix of bedroom numbers for new dwellings. It is likely that the amended mix of dwelling types is in response to market demand.
A comparison of the proposed amendment against both the original approval and the most recently modified approval is provided in the table below:-

Table 1: Comparison of the development parameters of the existing approval and proposed changes
The introduction of the maintenance building in the area previously allocated for the pool and associated facilities will allow for storage of landscaping and maintenance equipment. The siting and design of this building does not raise concern as the building is low scale and constructed with materials which provide for a similar visual aesthetic to the residential buildings.
The following images detail elevations of the proposed maintenance building (Figures 3 & 4):

Figures 3 and 4 – Elevations of the maintenance building
The changes to the alignment of the internal roads, parking arrangements and pedestrian pathways are supported as they are minor and of no significant consequence.
With regards to the proposed changes to the heights of buildings 23, 24, and 25 the following images detail the changes to the proposed building heights with regard to their projections above the 8 metre height limit. The images in Figures 5 & 6 detail the projections of the existing approval and the proposed changes.

Figure 5 – Approved building projections above the 8.0 metre height limit

Figure 6 – Proposed building projections above the 8.0 metre height limit
The applicant advises that the amended building heights are a consequence of greater acoustic treatment between floors and redistribution of the Gross Floor Area (GFA) from the deleted building. The redistributed GFA has increased the building footprints such that each building extends further down the significant slope. The increased footprints have resulted in the maximum height of the buildings being increased as detailed in the following table:

Table 2: Comparison of the increased building heights
Whilst the increases of the proposed building heights from what has already been approved are significant, ranging from 830mm to 1760mm, it is important to note that the maximum Reduced Level (RL) of the buildings above natural ground level has not increased. The areas of intrusion are internal to the site and there is no adjoining residential development. Therefore, there is no impact on the amenity of surrounding land.
Furthermore, the maximum RL of buildings 23 and 24, which are situated adjacent to the eastern boundary on the higher part of Precinct E2, have a maximum RL that are significantly lower than the maximum RL of several of the buildings adjacent to the eastern boundary in Precinct F. Buildings 23 and 24 will be at least 4.0 metres lower than buildings 15, 16, 17 and 22 located on Precinct F and at least 2.0 metres lower than buildings 18 and 19. The canopy of the existing vegetation situated within the adjoining Girraween Nature Reserve will be situated higher than the maximum height of the buildings and therefore the vegetated back drop will ensure that the buildings will not protrude above the skyline.
The following image (Figure 7) details the location of the buildings 23 and 24 and buildings 15, 16, 17, 18, 19 and 22 within Precinct F:

Figure 7 – location of the buildings
The height increase to building 25 is the most significant of all three buildings however as the building is situated further down the slope of the site the maximum RL of the building is at least 6.0 metres lower than the maximum height of buildings 23 and 24.
As each building is to contain a basement and the development involves backfilling the maximum height of buildings 23, 24 and 25 above finished ground level will be 6.875 metres, 6.9 metres and 7.11 metres respectively. The height above finished ground level will ensure that the physical appearance of the buildings is not excessive and will preserve the amenity of surrounding land.
Accordingly, the amendments to the plans are supported.
Conditions
Condition 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, and may be further amended by the conditions of this approval.
Plan No.	Rev.	Plan/Document Name	Date
7043-DA01	09	LOCATION PLAN & PROJECT SUMMARY by Blackburne Jackson Design	26-06-17
7043-DA02	12	SITE PLAN by Blackburne Jackson Design	26-06-17
7043-DA03	13	SITE PLAN by Blackburne Jackson Design	26-06-17
7043-DA04	07	SITE PLAN by Blackburne Jackson Design	26-06-17
7043-DA05	07	SITE SECTIONS PLAN by Blackburne Jackson Design	26-06-17
7043-DA11	10	BUILDING 26: BASEMENT by Blackburne Jackson Design	26-06-17
7043-DA12	10	BUILDING 26: :LEVEL 1 by Blackburne Jackson Design	26-06-17
7043-DA13	10	BUILDING 26:  ELEVATIONS & SECTION by Blackburne Jackson Design	26-06-17
7043-DA14	07	BUILDING 25: BASEMENT by Blackburne Jackson Design	26-06-17
7043-DA15	07	BUILDING 25: LEVEL 1 by Blackburne Jackson Design	26-06-17
7043-DA16	07	BUILDING 25: LEVEL 2 by Blackburne Jackson Design	26-06-17
7043-DA17	07	BUILDING 25: ELEVATIONS by Blackburne Jackson Design	26-06-17
7043-DA18	07	BUILDING 25: SECTION by Blackburne Jackson Design	26-06-17
7043-DA19	08	BUILDINGS 23 & 24: BASEMENT by Blackburne Jackson Design	26-06-17
7043-DA20	06	BUILDINGS 23 & 24: LEVEL 1 by Blackburne Jackson Design	15-12-16
7043-DA21	07	BUILDINGS 23 & 24: LEVEL 2 by Blackburne Jackson Design	26-06-17
7043-DA22	07	BUILDING 24: ELEVATIONS by Blackburne Jackson Design	26-06-17
7043-DA23	07	BUILDING 24: ELEVATION & SECTION by Blackburne Jackson Design	26-06-17
7043-DA24	07	BUILDING 23: ELEVATION by Blackburne Jackson Design	26-06-17
7043-DA25	07	BUILDING 23: ELEVAION & SECTION by Blackburne Jackson Design	26-06-17
7043-DA26	03	FINISHES PALETTE / SCHEDULES by Blackburne Jackson Design	15-12-16
7043-DA28	04	FIRE AND EVACUATION MANAGEMENT PLAN by Blackburne Jackson Design	26-06-17
7043-DA30	08	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	26-06-17
7043-DA31	08	HEIGHT PLAN PROJECTIONS by Blackburne Jackson Design	26-06-17
7043-DA101	06	LANDSCAPING LOWER POOL by Blackburne Jackson Design	15-12-16
7043-DA102	06	LANDSCAPING UPPER POOL by Blackburne Jackson Design	15-12-16
7043-DA103	06	BLOCK 26: LANDSCAPING by Blackburne Jackson Design	15-12-16
7043-DA104	06	BLOCK 25: LANDSCAPING by Blackburne Jackson Design	15-12-16
7043-DA105	06	BLOCKS 23 & 24: LANDSCAPING by Blackburne Jackson Design	15-12-16
7043-DA106	06	BLOCK 24 & CORNER LANDSCAPING  by Blackburne Jackson Design	15-12-16
7043-DA107	06	PLANT SPECIES PALETTE & HARDSCAPE MATERIALS by Blackburne Jackson Design	15-12-16
7038-DA13	07	Overall Staging Plan by Blackburne Jackson Design	14-06-17
DD1.3	H	SITE PLAN by Sparks Architects	27-06-17
DD1.15	G	GROUND FLOOR PLAN BLOCK 10 by Sparks Architects	27-06-17
DD1.16	G	FIRST FLOOR PLAN BLOCK 10 by Sparks Architects	27-06-17
DD1.17	F	ROOF FLOOR PLAN BLOCK 10 by Sparks Architects	27-06-17
DD1.18	G	GROUND FLOOR PLAN BLOCK 11 by Sparks Architects	27-06-17
DD1.19	G	FIRST FLOOR PLAN BLOCK 11 by Sparks Architects	27-06-17
DD1.20	F	ROOF PLAN BLOCK 11 by Sparks Architects	27-06-17
DD1.21	G	GROUND FLOOR PLAN BLOCK 12 by Sparks Architects	27-06-17
DD1.22	G	FIRST FLOOR PLAN BLOCK 12 by Sparks Architects	27-06-17
DD1.23	F	ROOF PLAN BLOCK 12 by Sparks Architects	27-06-17
WD2.8	B	ELEVATIONS BLOCK 10 by Sparks Architects	23-08-17
WD2.9	B	ELEVATIONS BLOCK 11 by Sparks Architects	23-08-17
WD2.10	B	ELEVATIONS BLOCK 12 by Sparks Architects	23-08-17
15128/SK10	A2	Concept Siteworks and Drainage Layout Plan, prepared by Morgan Consulting Engineers	19-04-16
15128/SK11	A2	Concept Siteworks and Drainage Layout Plan –Sheet 1, prepared by Morgan Consulting Engineers	19-04-16
15128/SK12	A2	Concept Siteworks and Drainage Layout Plan – Sheet 2, prepared by Morgan Consulting Engineers	19-04-16
15128/SK13	A1	Concept Road 1 Longitudinal Section, prepared by Morgan Consulting Engineers	19-04-16
15128/SK14	A1	Concept Road 2 Longitudinal Section, prepared by Morgan Consulting Engineers	19-04-16
Applicant’s requested change
The applicant requests that condition 2 be updated to reflect the new set of plans.
Assessment
The proposed amendment to condition 2 will reflect the new set of plans and is therefore supported.
Condition 3
The approved development comprises a total of 4 x 2 bedrooms and 33 x 3 bedroom units, subject to compliance with the further requirements of Condition 4.
Applicant’s requested change
The applicant requests that the condition be updated to reflect the new unit mix and compliance with the density requirements being achieved. The applicant requests that the condition now read:
The approved development comprises a total of 4 1 x 2 bedrooms and 33 28 x 3 bedroom units, subject to compliance with the further requirements of Condition 4.
Assessment
The proposed amendment to condition 3 will reflect the new set of plans and is therefore supported.
Condition 4
Prior to the issue of a development permit for Operational Works associated with this approval, amended plans shall be submitted demonstrating compliance with The Noosa Plan’s limits for population density by reducing population density by a minimum of 0.6 persons and the internal wall adjacent to the entry of the media room of dwelling Type 18 within Building 25 must be amended to a maximum length of 1.0 metre.
Applicant’s requested change
The applicant requests that the condition be deleted as the proposed changes in dwelling unit type, mix and form that the density requirements of the Noosa Plan are achieved.
Assessment
The proposed amendment to the plans results in a reduction in the population density. The proposal now provides for a population density of 94.8 persons when a population density of 118 persons is allowed. As the proposal now complies with the population density requirements it is recommended that this condition is deleted.
Condition 13
External colours and finishes of the building must comprise of muted environmental tones that blend with the natural environment, as indicated on approved plan DA26 “Finishes Palette / Schedule” by Blackburne Jackson Design. Buildings 23, 24, 25 and 26 must not contain broad areas of light coloured walls.
Applicant’s requested change
To reflect the colours and finishes palette submitted as part of the change request and to remove the reference to the deleted building 26 the applicant requests the condition be amended to:
External colours and finishes of the building must comprise of muted environmental tones that blend with the natural environment, as indicated on approved plan DA26 “Finishes Palette / Schedule” by Blackburne Jackson Design.  Buildings 23, 24, and 25 and 26 must not contain broad areas of light coloured walls.
Assessment
The colours and finishes palette provides for exactly the same colour finishes as previously approved – the only change relates to the reference of the now deleted building 26. Accordingly, this minor change is supported.
Condition 14
Any new boundary fencing must be constructed to allow for the movement of fauna.  Such fencing must:
allow adequate clearance at ground level for local macropods
not include use of barbed wire or similar materials
provide regular opportunities for passage over and through for fauna
Applicant’s requested change
This condition currently requires that any new site boundary fencing allow for the movement of local macropods. The applicant contends that to encourage the movement of kangaroos, wallabies and the like into units which have their private open space located immediately adjacent the development site boundary (i.e. Blocks 10 to 12) would result in an outcome which is not appropriate (nor suitable) to the intended purpose of this space. As such, it is requested that this condition be deleted.
Assessment
The applicant’s request is considered reasonable to the extent where it applies to the private open spaces along Resort Drive. The maintenance of the condition as it applies to the southern and eastern boundaries should remain the same to remain permeable to ground dwelling fauna. Therefore, it is recommended the condition be amended to now read:
Any new boundary fencing along the southern and eastern boundaries must be constructed to allow for the movement of fauna.  Such fencing must:
allow adequate clearance at ground level for local macropods;
not include use of barbed wire or similar materials;
provide regular opportunities for passage over and through for fauna.
Condition 31
A minimum of 80 car parking spaces must be provided and marked on the overall site generally in accordance with the approved plans. The works may be staged and must be undertaken in accordance with an Operational Works approval and must include in particular:
9 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use.
Crossfalls, gradients and vehicle headroom in accordance with Australian Standard AS2890: Parking Facilities.
The minimum number of parking spaces as indicated on the approved plans for each of the buildings in the particular Stage.
Applicant’s requested change
It is requested that this condition be amended to reflect proposed changes to car parking numbers that result as a consequence of the proposed changes to the unit mix and type. We request that this condition be amended to read:
31.	A minimum of 80 68 car parking spaces must be provided and marked on the overall site generally in accordance with the approved plans. The works may be staged and must be undertaken in accordance with an Operational Works approval and must include in particular:
9 8 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use.
Crossfalls, gradients and vehicle headroom in accordance with Australian Standard AS2890: Parking Facilities.
The minimum number of parking spaces as indicated on the approved plans for each of the buildings in the particular Stage.
Assessment
The proposed amendment to condition 31 will reflect the new rate of car parking required as a result of the reduced number of dwelling units and amended bedroom configuration and is supported.
Condition 49
Where stormwater runoff from the site will enter the Noosa Springs Lake System, Quarterly monitoring is required of stormwaters directed from the development to the Noosa Springs Lake System. Monitoring must be undertaken by a suitably qualified person using NATA accredited methods for the following parameters.
Nitrite plus Nitrate as N (NOx)
Total Kjeldahl Nitrogen (TKN)
Total Nitrogen as N (TKN + NOx)
Total Nitrogen as N
Total Phosphorus as P
Reactive Phosphorus as P (Dissolved)
Reactive Phosphorus – Filtered
Water quality monitoring results must be retained in electronic form by the property owner for a minimum of 5 years and must be made available to Noosa Council on request. This monitoring must continue until notified by Noosa Council that it is no longer needed.
Applicant’s requested change
It is contended that a two (2) year monitoring period is an appropriate period within which a measurable data set is able to be collated demonstrating appropriate stormwater quality outcomes from the development. It is suggested that the previous condition be reintroduced with amendments as outlined below:
Where stormwater runoff from the site will enter the Noosa Springs Lake System, Quarterly monitoring is required of stormwaters directed from the development to the Noosa Springs Lake System. Monitoring must be undertaken by a suitably qualified person using NATA accredited methods for the following parameters.
Nitrite plus Nitrate as N NOx)
Total Kjeldahl Nitrogen TKN)
Total Nitrogen as N (TKN + NOx)
Total Nitrogen as N
Total Phosphorus as P
Reactive Phosphorus as P (Dissolved)
Reactive Phosphorus - Filtered
Water quality monitoring required by this condition must commence at the commencement of operation of the first stage of the development until two (2) years following the completion of the final stage of the development. Water quality monitoring results must be retained in electronic form by the property owner for the duration of the monitoring and must be made available to Noosa Council on request.
Assessment
The request to amend this condition was referred to Council’s Environment Officer who advised:
2 years of monitoring data is not sufficient to determine any trends as a result of the development. 5 sample events are the general minimum to establish statistical information if necessary.
Due to the need to obtain suitable sample data it is recommended that this condition remain unchanged.
Condition 50
For a minimum of 5 rainfall events per year, stormwater at the following locations and times must be collected and sampled for Total Nitrogen, Total Phosphorous and Total Suspended Solids using NATA accredited methods:
The release point from Precinct E2 for all waters directed to the Noosa Springs lake system.
At monitoring point W6 shown on Plan A – Water Quality Monitoring Locations Noosa Springs by Jelliffe Environmental (Qld) Pty Ltd.
The time for collection of water samples for monitoring must be quantified by the applicant’s hydraulic engineer within the Operational Works application for stormwater.  The time for water quality monitoring shall be a minimum of the time of concentration for all waters from Precinct E2 destined for the Noosa Springs Lake System to reach the release point from Precinct E2, and within a maximum of 24 hours of commencement of rainfall events that generate runoff from Precinct E2.
Water quality monitoring required by this condition must commence at the commencement of operation of the first stage of the development until five (5) years following the completion of the final stage of the development
Applicant’s requested change
It is requested that this condition be amended to align requested monitoring periods detailed in New Condition 49 above, to read as follows:
For a minimum of 5 rainfall events per year, stormwater at the following locations and times must be collected and sampled for Total Nitrogen, Total Phosphorous and Total Suspended Solids using NATA accredited methods:
The release point from Precinct E2 for all waters directed to the Noosa Springs lake system.
At monitoring point W6 shown on Plan A – Water Quality Monitoring Locations Noosa Springs by Jelliffe Environmental (Qld) Pty Ltd.
The time for collection of water samples for monitoring must be quantified by the applicant’s hydraulic engineer within the Operational Works application for stormwater. The time for water quality monitoring shall be a minimum of the time of concentration for all waters from Precinct E2 destined for the Noosa Springs Lake System to reach the release point from Precinct E2, and within a maximum of 24 hours of commencement of rainfall events that generate runoff from Precinct E2.
Water quality monitoring required by this condition must commence at the commencement of operation of the first stage of the development until five (5) two (2) years following the completion of the final stage of the development
Assessment
As per the request to amend Condition 49, the request to amend this condition was referred to Council’s Environment Officer who advised:
2 years of monitoring data is not sufficient to determine any trends as a result of the development. 5 sample events are the general minimum to establish statistical information if necessary.
Due to the need to obtain suitable sample data it is recommended that this condition remain unchanged.

Condition 65
The rear 2 metres of Blocks 10, 11 and 12 is to be extensively landscaped and no structures or swimming pools are to be located in these areas. No access is to be provided from the rear of these Blocks to Resort Drive
Applicant’s requested change
We note that previous representations were made that this condition should be either deleted or amended to allow structures and / or swimming pools in the rear 2 metres of these blocks. We maintain our previous position, and reiterate that this has significant design implications for these buildings and will also adversely impact on the area of useable outdoor open space for future occupants of these units.
It is understood that Council imposed the requirement that no structures or swimming pools are to be located within a 2m landscape setback primarily to ensure that existing vegetation (including koala food trees) along the Resort Drive frontage are retained. The proposed development achieves this landscape outcome without the need to setback pools and structures an additional 2 metres. In particular, a significant number of trees will be retained along the Resort Drive frontage as required by conditions 20e and 21 of the Negotiated Decision.
An updated Vegetation Management Plan (VMP), which is currently being prepared, will demonstrate the number of trees able to be retained, subject to arborist certification during the detailed engineering phase of the project. The VMP will demonstrate the “tree protection zones” of all trees to be retained, the majority of which are anticipated as being clear of the construction zone for the plunge swimming pool and boundary fences. In addition, where it is practical to do so, directional drilling techniques will be utilised to construct utility services along Resort Drive, to ensure tree retention.
In addition to the above, it is proposed to maintain the opportunity for occasional pedestrian access to the rear of Blocks 10, 11 and 12 for garden and pool maintenance only. The proposed restriction to access to Resort Drive will be included within the Community Management Statement for the development.
We therefore request that this condition be amended to read as follows:
The rear 2 metres of Blocks 10, 11 and 12 is to be extensively landscaped and no structures or swimming pools are to be located in these areas. No access is to be Access, where provided from the rear of these Blocks 10, 11 and 12 to Resort Drive, is limited to garden and pool maintenance access only. No vehicular access is permitted.
Assessment
The proposed change to Condition 65 is not supported as the provision of pedestrian access for pool and garden maintenance will result in the on-going use and disturbance of the slope of road reserve. This vegetation in the road reserve has koala habitat values and is required to be retained and protected so these values can persist into the future. The intent of the 2m wide landscape setback area within the development site is to ensure a development buffer to the protected road reserve vegetation (including roots zones) is maintained. The applicant has not provided sufficient justification to warrant accepting the proposal and sufficient doubts exists as to the benefits their proposal brings to the retention and protection of the vegetation.
The provision of pools in the 2m landscape area, rear lot access and an informal pathway will not preserve the koala habitat values in the road reserve and will lead to their degradation.
Accordingly, it is recommended that Condition 65 remains unchanged.
cONSULTATION
The application was not required to be referred to any external agencies.
future potential minor changes
Given the scale of the development it is understood that further minor changes will be proposed. In order to facilitate efficient decision making on these minor matters it is recommended that Council delegate its powers under the Planning Act 2016 for minor change applications to the Chief Executive Officer. Applications involving more complex changes will continue to be presented to Council for decision making.
conclusion & REASONS FOR DECISION
The application seeks to change the existing development approval for a resort of 37 multiple dwellings and associated facilities within Precinct E2 of the Noosa Springs master planned estate. The changes seek to delete a residential building and re-distribute the GFA to the remaining three residential buildings, reduce the number of dwelling units to 29, increase building heights, alter the density and update several conditions. The proposed changes are generally consistent with the original development parameters of the approval and the changes are considered to be supportable under the Planning Act provisions.
The intent of the existing approval was for multiple dwellings and the amended development will remain subject to the approved use type.
The application to amend the plans, amend conditions 2, 3, 13, 14, and 31 and delete condition 4 is recommended for approval. The proposed changes to Conditions 49, 50 and 65 are not supported as they would compromise stormwater quality objectives and vegetation within the Noosa Springs road reserve.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services		Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture	x	Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	6 FEBRUARY 2018

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Blocks 15, 16 and 17

 

Blocks 18, 19 and 22

 

 

 

 

 

 

Blocks 23 and 24

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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Population Density

Unit Mix

 

 

 

 

 

 

 

Original Approval Proposal

(September 2017) (November 2017)
118 persons 94.8 persons
Building 1 bed 2 bed 3 bed Building 1bed 2 bed 3 bed
Block 23 : : 8 Block 23 : : 6
Block 24 : : 8 Block 24 : : 6
Block 25 : 3 7 Block 25 : : 10
Block 26 : 4 Bleck26 - - -
Block 10 : : 2 Block 10 - - 2

 

 

 

 

 

 

 


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Criteria TUE Cr
(Ce eae) (erent)
Block 11 - Block 11 - 1 2
Block 12 - Block 12 ~ - 2
TOTAL 0 ToTAL| 0 1 28
Gross Floor Area Building Gross Floor Area Building Gross Floor Area
Block 23 974sqm Block 23 1,046sqm
Block 24 974sqm Block 24 1,032sqm
Block 25 1,178sqm Block 25 1,440sqm
Block 26 416sqm Block 26 =
Block 10 352sqm Block 10 352sqm
Block 11 473.5sqm Block 11 473.5sqm
Block 12 352sqm Block 12 352sqm
Shed - Shed 24sqm
TOTAL 4,719.5sqm TOTAL 4,719.5sqm
Site Cover 29.8% 27.9%
Landscaping 6,181sqm or 52.3% 6,597sqm or 55.9%
Car parking Building Resident Visitor Building Resident Visitor
Block 23 Block 23 12 -
Block 24 Block 24 12 3
Block 25 Block 25 20 3
Block 26 Block 26 - -
Block 10 Block 10 4 -
Block 11 Block 11 5 -
Block 12 Block 12 4 -
External External - 5
TOTAL TOTAL 57 11

 

 

 

 

 


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ITE MAINTENANCE SHED: EAST ELEVATION
EOD,

 


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IT PLANE