Martoo Planning Statement

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Figure 2: Satellite view of site and surrounds



2. BACKGROUND
The site has been the subject of a range of applications the including following:

         2004/5763 DA – Preliminary Approval to Override the Planning Scheme (lapsed)
         MCU11/0082 - Approved 19th July 2010 for Multiple Housing Type 3 Retirement & Special
          Needs – 32 Beds
         MCU18/0009 – Approved November 2018 for Multiple Housing Type 3 Retirement & Special
          Needs – 32 Dementia Beds
         MCU18/0009.01 - Approved 18th July 2019 for a minor change to the design including a reduction
          in the number of buildings on the site and provision of an additional storey on two buildings.
         MCU18/0009.02 - Approved 10th March 2020 for a minor change for fire hydrants located at front
          of site.
         MCU19/0009.03 – Approved 18th February 2021 for an other change to provide an additional
          parking area adjoining the existing Carramar facility at 4 Carrmar Street.


2. THE DEVELOPMENT APPLICATION
The applicant seeks approval to construct two temporary staff accommodation units at 4 Carramar
street, Tewantin. The two units will be located at the western end of the new carparking area and
are of a single storey modular construction. The units are each to be one bedroom with a combined
kitchen and living area and small bathroom. The units are approximately 4 metres in height and
approximately 27m2 in area. Attachment A includes plans of the proposed units.


3. COMPLIANCE WITH STATE PLANNING POLICIES
The proposal is compliant with State Planning Policies.



4. ASSESSMENT
The applicant seeks to make a minor change to the existing development approval under Section 78
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’.
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An assessment of the proposed changes against the provisions of the Planning Act 2019 relating to
what defines a minor change is detailed below. The Planning Act 2016 states that a minor change:

      b) for a development approval, is a change to the approval that —

          (i) would not result in a 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, in assessing the application under section 55(2), to assess the
              application against, or have regard to, a matter, other than a matter the referral agency
              must have assessed the application against, or had regard to, when the application
              was made; or
              (E) public notification if public notification was not required for the development
              application.

The proposed changes are considered to constitute a minor change as per the Planning Act as
detailed below:

       The proposed changes to the use will not result in substantially different development as
        detailed in 4.1 below;

          If the application including the proposed changes were remade it would not:
                  - Include prohibited development
                  - Require referral to any referral agencies or additional referral agencies as no
                       referral agencies are triggered by the use or site location
                  - Require referral to extra referral agencies as no referral agencies are triggered
                       by the use or the site location
                  - No referral agencies triggered
                  - Public notification was not carried out as part of original development
                       application and is not required for the proposal.


4.1       Assessment of Substantially Different Development

The Development Assessment Rules provide guidance on determining whether a proposed change
to a development approval results in substantially different development. The proposed changes
have been reviewed against this criteria with the changes not considered to be a substantially
different development as detailed below:

      (a) involves a new use;

      The Planning Act defines ‘use” as - for premises, includes an ancillary use of the premises. Case
      Law details that ancillary is incidental and subordinate, dependant and serves the purposes of the
      development. Based on the use of the temporary housing for staff only associated with existing
      use on the site (Carramar) it is considered that the proposal meets the definition of ancillary and is
      not a new use. The housing will only be used for staff of Carramar and is a very small component of
      the whole development and use which accommodates aged persons.

      No new uses are proposed as part of the change application.

      (b) results in the application applying to a new parcel of land;

          No new parcel of land to be utilised.




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      (c) dramatically changes the built form in terms of scale, bulk and appearance;

      No dramatic changes to the built form. The proposed accommodation units are single storey
      have minimal area and located on a site that used to contain a residential dwelling.

      (d) changes the ability of the proposed development to operate as intended;

      The changes do not impact on operations of the site.

      (e) removes a component that is integral to the operation of the development;

      Does not remove a component that is integral to the operation of the development.

      (f) significantly impacts on traffic flow and the transport network, such as increasing traffic to
      the site;

      Proposed changes do not impact on traffic or transport networks. Sufficient carparking is
      provided on site .

      (g) introduces new impacts or increase the severity of known impacts;

      No change to existing impacts of the development. Proposed change is of a residential nature
      and supports the existing facility on site.

The proposed change to the existing approval is considered to meet the requirements detailed
under the Planning Act and the Development Assessment Rules for a Minor Change and will not
result in a substantially different development.

The proposed changes are considered minor changes under the Act.


4.2 Noosa Plan 2020

The proposed changes have been assessed against the provisions of the Noosa Plan 2020 which ,
includes the site in the Tewantin Local Plan Area and provides it with a Community Facilities zone
(No. 3 Residential Care Facility). In accordance with definitions of the Noosa Plan 2020, the
proposed use is considered to be ancillary to a Residential Care Facility:

      Residential care facility means the use of premises for supervised accommodation, and
      medical and other support services, for persons who—
      a) can not live independently; and
      b) require regular nursing or personal care.

The assessment table for the Community Facilities zone indicates that a Residential Care Facility
is a consistent code assessable application where on a site specifically annotated for that use and is
to be assessed against the following codes:

       Tewantin Local Plan Code;
       Community Facilities Zone Code;
       Special Residential Code; and
       Works Codes.

The proposal has been reviewed against the above codes and is considered to comply with the
relevant outcomes. The proposed units will be used only to provide temporary accommodation for
staff associated with the existing Carramar facility on site.
.




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5. CONCLUSION
The proposed changes to the approval are considered minor and do not impact on the surrounding
area or adjoining properties. This application can be supported on a number of grounds as
previously detailed and include:
              The proposed changes are considered minor as they meet the requirements of the
               Planning Act.
              The proposed changes provide accommodation only for staff associated with the
               existing facility on site.
              The proposed buildings are of a small scale and able to be removed.
              The proposed changes are consistent with the provisions of the Noosa Plan.

Please find attached:

       DA Form 5
       Attachment A - Proposal plans including site and floor plans and elevations
       ATO Endorsement of Charity
       Callaghan and Toth statement stormwater
       Owners consent


The Assessment Manager’s favourable consideration of the above development application is
recommended and if you have any queries please contact our Sunshine Coast office.

Yours sincerely




Nadine Gorton
Senior Town Planner
Martoo Consulting Pty. Ltd.




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