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BRISBANE | SUNSHINE COAST | CENTRAL QLD KON‐TIKI BUSINESS CENTRE TOWER 1, LEVEL 2, SUITE T1.209, 55 PLAZA PARADE, MAROOCHYDORE QLD 4558 JFP URBAN CONSULTANTS PTY LTD ABN 79 050 414 045 21 December 2021 Job Ref: M2652/E2 Noosa Council By Email: <[email protected]> Att: Patrick Murphy – Coordinator Planning Re: Change Application (‘Minor Change’) – Development Approval for Material Change of Use – Multiple Housing Type 4 – Conventional (39 Units) over land at Resort Drive, Noosa Heads (Precinct E2) and described as Lot 8000 on SP305580 and others (refer to a full list of all lot on plan descriptions in section 2.3 below) (formerly Lots 6 on SP178340 and originally described as Lot 3 on SP221524) ‐ Council Ref: MCU15/0109 Dear Patrick, On behalf of our client, Altum Constructions, we hereby request a Change to Development Approval (“minor change”) under section 78 of the Planning Act 2016 (PA2016) in relation to the above development approval granted by Council on 22 September, 2017, by Negotiated Decision Notice (Ref: MCU15/0109) and most recently modified on 5 March, 2019 (ref: MCU15/0109.03). This correspondence provides details of the site and approval history and a description of the proposed changes to the approved drawings and conditions. It includes an assessment of the proposed changes against the relevant requirements of PA2016 and the Development Assessment Rules including an assessment that the proposed change represents a minor change and does not constitute “substantially different development”. 1.0 SITE / APPROVAL HISTORY The site forms Precinct E2 of the Noosa Springs residential community. Master planning for the Noosa Springs locality was undertaken in the 1990’s, with the majority of the area now developed for residential and golf course purposes, with associated recreational and community facilities. The subject site and adjoining land to the north (Precinct F) form the eastern extremity of the Noosa Springs locality and were historically used for sand quarrying purposes. Precinct E2 development approval history includes: MCU15/0109 ‐ 16 September, 2016 – Decision Notice – 44 units (4 x 1 bedroom, 22 x 2 bedroom and 18 x 3+ bedroom units) subject to amendment to unit density as part of the original condition 4; MCU15/0109 ‐ 20 December, 2017 ‐ Negotiated Decision Notice – 37 units (4 x 2 bedrooms and 33 x 3 bedroom units); MCU15/0109.01 ‐ 21 February, 2018 – Minor Change Decision Notice – 29 units (1 x 2 bedrooms and 28 x 3 bedroom units), which deleted Block 26; JFP Ref: M2652/E2
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MCU15/0109.02 ‐ 16 July, 2018 – Minor Change Decision Notice – minor amendments to landscaping and
fencing.
There is a separate development approval over the adjacent Precinct F for a Multiple Dwelling comprising 140
Dwelling Units and Associated Facilities (Shop, Restaurant, Multi‐Function Room and Gym). This approval has been
the subject of a number of amendments, with the most recent modification to the approval granted by Council on
22 November, 2021 (refer 132005.1133.15). Conditions of this approval include a sunset date of 15 December 2026,
at which time the uncompleted aspect of the approval lapse if the whole of the approval has not happened.
Precinct E2 and F has been developed in an integrated matter to allow for internal road and pathway connections
between the two sites. We note that the recent reconfiguration of a lot (to facilitate the creation of up to 26 balance
lots) approval issued by Council further reinforces the staged and integrated manner within which these
development approvals are being delivered.
A pre‐lodgement meeting was held with Council on 21 October, 2021. Please refer to Pre‐lodgement meeting notes
within Appendix B.
2.0 DESCRIPTION OF PROPOSED CHANGES
The proposal is to include a 1 bedroom unit (Manager’s Unit), additional parking spaces on the ‘Maintenance Shed’
site. The proposed changes to the existing development approval are described in detail in the sections below
(refer enclosed architectural drawings).
2.1 Change to Description of Development
It is proposed to change the description of the development to include an additional 1 bedroom dwelling unit
which is proposed as part of this minor change request. The new description of the development will be as
follows:‐
Material Change of Use –Multiple Housing Type 4 – Conventional (40 Units)
2.2 Changes to Approved Drawings
Condition 2
We request that condition 2 is updated to reflect the amended Architectural package for the Maintenance Shed site
which includes minor changes to include additional cover car parking spaces, maintenance vehicle parking and a
Managers Unit. The changes include:
An additional 1 bedroom unit (Managers Unit – 69.7m² GFA).
Additional parking garage spaces / maintenance vehicular parking (previously 4 parking spaces to 8 parking
spaces, a car wash bay plus a carport space for the Manager’s Unit)
Please refer to Architectural Package within Appendix A.
JFP Ref: M2652/E2 Page 2
Page 3
2.3 Key Assessment Benchmarks
Gross Floor Area, Plot Ratio, Site Cover and Population Density
Site cover is 29% and is significantly less than the allowable 40%.
The proposed changes do not exceed a plot ratio of 0.4:1.
The change results in a population density of 115.1 persons and does not exceed the allowable population
density of 117.99 persons. The current approved population density is 113.4 persons plus 1.7 persons for 1
bedroom unit.
The gross floor area complies with the maximum allowable GFA based upon site area. The maximum
allowable GFA for the site is 4,719.60m² (based upon Council’s and Planning Regulation 2017 definition of
Gross Floor Area).
The original GFA calculations were based upon the Noosa Plan 2006 definition of Gross Floor Area. Council’s current
definition of GFA under the Noosa Plan 2020 excludes particular components that were previously included is as
GFA.
The Noosa Plan 2020 definition is reproposed below:
gross floor area for a building, means the total floor area of all storeys of the building, measured from the outside of the
external walls and the centre of any common walls of the building, other than areas used for ‐
(a) building services, plant or equipment; or
(b) access between levels; or
(c) a ground floor public lobby; or
(d) a mall; or
(e) parking, loading or manoeuvring vehicles; or
(f) unenclosed private balconies, whether roofed or not.
The Noosa Plan 2006 definition is extracted below
gross floor area (or GFA) means the total floor area of a building measured from the outside of the external walls, plus
for roofed unenclosed areas, any portion of floor area beyond a distance of 3 metres from the external wall. It does not
include:
a) the area of spaces used for the parking or manoeuvring of motor vehicles;
b) the area of lift shafts;
c) the area of stairwells on any level other than the ground floor; or
d) floor areas located in a basement.
JFP Ref: M2652/E2 Page 3
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The Gross Floor Area total comparisons for 2006 / 2020 GFA definition, as outlined in the below table: ‐
Block / Building Building GFA Noosa Plan 2006 Building GFA Noosa Plan 2020 with
Latest Approval additional Managers Unit
Block 10 352.0m² 344.0m²
Block 11 473.5m² 464.0m²
Block 12 352.0m² 344.0m²
Block 23 1120.2m² 1111.2m²
Block 24 1112.4m² 1104.4m²
Block 25 1286.2m² 1273.0m²
Maintenance Shed site / Manager’s 21m² 69.7m²
Unit
TOTAL 4717.3m² 4710.3m²
Maximum allowable 4719.60m² 4719.60m²
Please see Project Summary on the Architectural plans for GFA calculations based on the current 2020 GFA
definition and final construction.
Height
The proposed building height is single storey (less than 4 metres in height) and does not exceed the maximum height
limit in Noosa Heads of 12 metres under the current planning scheme or 8 metres under the superseded Noosa Plan
2006.
Setbacks
The setbacks of the proposed built form from property boundaries comply with Council’s standards: ‐
6 metres from the front boundary for up to two storeys – not applicable.
From side boundaries:
1.5 metres setback up to 4.5 metres height – complies
Rear boundary – 6 metres for up to 2 storeys – not applicable.
Landscaping
Overall landscaping is not reduced as the additional parking and Manager’s Unit is situated within the existing
Maintenance Shed site footprint area. Please refer to updated landscaping plan.
Car Wash
The car wash will have a roof over and will be a sediment basket and silt trap. No vehicle maintenance is proposed
to occur in this area.
Access Arrangements
The access aisle width to the parking is to Australian Standard width at 5.620m and therefore has suitable
manoeuvrability.
JFP Ref: M2652/E2 Page 4
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Ultimate Allocation
The additions will form part of the final CTS stage 402 which will be allocated to the Parkridge Social Club Community
Title Scheme.
Please find attached assessment against the applicable assessment provisions within Appendix C.
2.4 Changes to Conditions
The following conditions will require updating/amending (please note, requested additions to conditions are notated
in bold text and deletions notated by way of strikethrough):
Condition 2
Request: It is requested that condition 2 Plans of Approval list is updated for the Maintenance Shed site to include
the latest Architectural Package (as enclosed in Appendix A) and remove the superseded Architectural Plans.
The list of approved drawings to be updated to incorporate the following plans:
Plan No. Rev. Plan/Document Name Date
7043‐DA01 14 LOCATION PLAN & PROJECT SUMMARY – GFA 2020 by Blackburne Jackson 17‐12‐21
7043‐DA02 18 SITE PLAN by Blackburne Jackson Design 17‐12‐21
7043‐DA03 17 SITE PLAN by Blackburne Jackson Design 17‐12‐21
7043‐DA04 11 SITE PLAN by Blackburne Jackson Design 17‐12‐21
7043‐DA05 13 SITE SECTIONS by Blackburne Jackson Design 17‐12‐21
7043‐DA26 03 FINISHES PALETTE/SCHEDULE by Blackburne Jackson Design 17‐12‐21
7043‐DA30 03 HEIGHT PLANE PROJECTIONS by Blackburne Jackson Design 17‐12‐21
7043‐DA40 03 HEIGHT PLANE PROJECTIONS ABOVE PROPOSED GROUND by Blackburne Jackson 17‐12‐21
Design
7043‐DA50 09 SITE MAINTENANCE SHED: PLAN, ELEVATIONS & SECTION by Blackburne Jackson 17‐12‐21
Design
7043‐DA102 09 SITE MAINTENANCE SHED LANDSCAPING by Blackburne Jackson Design 17‐12‐21
Condition 3
It is requested condition 3 is updated to reflect the 1 additional Manager’s unit, as follows:
3 The approved development comprises a total of 1 x 1 bedroom, 17 x 2 bedrooms and 22 x 3 bedroom units.
Adopted Infrastructure Charges Notice
In accordance with Council's resolution No 5.1 dated 16 October, 2020:‐
The figure will be split (60% Noosa Council and 40% Unitywater).
As the managers residence is 1 or less bedrooms (lower demand), Council states in the AICR, a reduction of
‐$4,135.46 / ‐31.9% will apply.
Council Infrastructure Charge ‐ $8,818.84 for 1 bedroom unit
JFP Ref: M2652/E2 Page 5
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2.5 Current Lot on Plan Descriptions
The original Precinct E2 (formerly Lot 6 on SP178340) has now been amalgamated with Precinct F (formerly Lot 7 on
SP178340) and Principal and Subsidiary Community Title Schemes have now been registered over the site. The
original Precinct E2 (formerly Lot 6 on SP178340) is now made up of the following Lot on Plan descriptions: ‐
Lot 8000 on SP305580 (Precinct E2) – Balance Lot (refer separate Company Consent)
Common Property of Parkridge Noosa Principal Community Titles Scheme 52856 (Lot 0 on SP290680) –
CMS52856
Common Property of Parkridge Villas Noosa Community Titles Scheme 52857 (Lot 0 on SP290691) –
CMS52857
Lots 1001 to 1002 on SP290692 (Precinct E2) – Block 10
Lots 1101 to 1103 on SP290692 (Precinct E2) – Block 11
Lots 1201 to 1202 on SP290692 (Precinct E2) – Block 12
Lots 2211 on SP305560 (Precinct F) – Block 22 (very minor strip of courtyard in the original Precinct E2 site)
Lots 2311 to 2315 on SP305561 – (Precinct E2) – Block 23
Lots 2321 to 2325 on SP305561 – (Precinct E2) – Block 23
Lots 2411 to 2415 on SP305562 – (Precinct E2) – Block 24
Lots 2421 to 2425 on SP305562 – (Precinct E2) – Block 24
Lots 2511 to 2516 on SP305563 – (Precinct E2) – Block 25
Lots 2521 to 2526 on SP305563 – (Precinct E2) – Block 25
Common Property for Parkridge Hill Noosa Community Titles Scheme (Lot 0 on SP305563) – CMS54724
3.0 ASSESSMENT AGAINST PROVISIONS OF PLANNING ACT 2016
Further to the provisions of s78 (1) of the PA2016, and in accordance with Schedule 2 of the PA2016, a “minor
change” is defined as follows:‐
minor change means a change that—
(b) for a development approval—
(i) would not result in substantially different development; and
(ii) if a development application for the development, including the change, were made when
the change application is made would not cause—
(A) the inclusion of prohibited development in the application; or
(B) referral to a referral agency, other than to the chief executive, if there were no
referral agencies for the development application; or
(C) referral to extra referral agencies, other than to the chief executive; or
(D) a referral agency to assess the application against, or have regard to, matters
prescribed by regulation under section 55(2), other than matters the referral agency
must have assessed the application against, or have had regard to, when the
application was made; or
(E) public notification if public notification was not required for the development
application.
JFP Ref: M2652/E2 Page 6
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With regard to the above, we confirm that the proposed changes constitute a “minor change”. In this regard, the
following comments are provided:
The proposed changes will not result in a substantially different development (refer Section 3.1 below for
further discussion).
If the application for the proposal were remade including the change, it would not:
o Facilitate the introduction of prohibited forms of development;
o Require referral to additional referral agencies. We note that the original application was referred
to the Department of Natural Resources and Mines for matters pertaining to Acid Sulfate Soils
(Advice) and Clearing of Vegetation (Concurrence);
o Vary the level of assessment, recognising that the original application was subject to impact
assessment.
On the basis of the above, we consider that this application meets the definition of a minor change.
3.1 Assessment of Substantially Different Development
Schedule 1: Substantially different development of the Development Assessment Rules (Version 1.3 dated 11
September 2020) provides guidance on determining if a proposed change to a development approval results in a
substantially different development.
Although it depends on the individual circumstances of the development, the Development Assessment Rules
provides a list of changes that may result in substantially different development. These criteria are provided below,
along with an assessment of how the proposal meets each requirement.
1. The proposed changes do not involve a new use.
Comment: There are no new uses proposed that would create different or additional impacts.
2. The proposed changes do not result in the application applying to a new parcel of land.
Comment: The proposed minor change applies to the same parcel of land as the current development
approval.
3. The proposed changes do not dramatically change the built form in terms of scale, bulk and appearance.
Comment: The proposed changes do not dramatically change the built form in terms of scale, bulk and
appearance.
4. The proposed changes do not change the ability of the proposal to operate as intended.
Comment: The proposed changes will not affect the ability of the proposal to operate as intended i.e. as
an integrated residential community.
JFP Ref: M2652/E2 Page 7
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5. The proposed changes do not remove a component that is integral to the operation of the development.
Comment: The proposed changes do not seek to remove any components that are integral to the operation
of the development.
6. The proposed changes do not significantly impact on traffic flow and the transport network, such as
increasing traffic to the site.
Comment: As demonstrated in the response to point 1. above, the proposed changes are not anticipated as
generating impacts on traffic flow or the existing road network beyond what was already anticipated under
the existing development approval.
7. The proposed changes do not introduce new impacts or increase the severity of known impacts.
Comment: The proposed changes do not introduce any new impacts or increase any known impacts in
relation to environmental values, bushfire hazard or landslide risk nor visual impacts beyond that which was
already anticipated and addressed under the existing development approval.
8. The proposed changes do not remove an incentive or offset component that would have balanced a negative
impact of the development.
Comment: The proposed changes do not remove any incentive or offset component that was considered
under the existing development approval.
9. The proposed changes do not impact on infrastructure provision, location or demand.
Comment: As demonstrated in the response to point 1. above, the proposed changes are not anticipated as
having any increased demand on infrastructure as provisioned in the existing approval.
JFP Ref: M2652/E2 Page 8
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4.0 CONCLUSION
The proposed changes to Precinct E2, Noosa Springs are considered to meet the test of “minor change” under the
Planning Act 2016 and will not result in substantially different development to the existing approval.
We would welcome the opportunity to meet with Council to further discuss the proposed changes if necessary.
Should you require any further information or wish to arrange a meeting, please contact our office on (07) 5450
3900.
Encl:
Appendix A – Minor Changes to Architectural Package for the Maintenance Shed Site prepared by Blackburne Jackson Design
Appendix B – Council’s Pre‐lodgement Meeting Notes
Appendix C – Assessment against applicable assessment provisions and benchmarks
cc: Altum Constructions
JFP Ref: M2652/E2 Page 9