Minor Change Council Report 132005.1133.13

132005.1133.13 – development application for a minor change to a Material Change of Use for 140 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym at 75 resort drive, noosa heads

Document information

Author	Development Planner, Tara Norley
Environment and Sustainable Development

Index	ECM/Application/132005.1133.13

APPLICATION DETAILS
Application No.	132005.1133.13
Development Approval	Material Change of Use for 140 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym.
Applicant	Altum Constructions
Request Received On	17 December 2019

PROPERTY DETAILS
Property Address	75 Resort Drive, Noosa Heads Qld 4567
RP Description	Lot 7 on SP178340 (formerly Lot 3 on SP178323)
Land Area	4.25 hectares
Existing Use of Land	Earthworks and construction associated with approval are well advanced

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Semi-Attached Housing
Overlays	Environmental Enhancement Area Low Potential Acid Sulphate Soils Landslide Hazard Areas Medium Bushfire Hazard Area
Assessment Type	Minor Change to Development Approval
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting dated 15 June 2020 regarding Application No. 132005.1133.13 to make a minor change to an existing approval for a Material Change of Use for 140 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym situated at 75 Resort Drive, Noosa Heads and:
Agree to change Conditions 2, 33 and 83 to read as follows:
Condition 2
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed below and are as amended by the conditions herein.
Plan No.	Rev.	Plan/Document Name	Date
7038-DA01	21	Masterplan Noosa Springs Resort prepared by Blackburne Jackson Design	16-08-2019
7038-DA03	14	Carparking/Basement prepared by Blackburne Jackson Design	20-11-2018
7038-DA04	34	Ground Floor prepared by Blackburne Jackson Design	27.06.2019
7038-DA05	16	First Floor prepared by Blackburne Jackson Design	08-10-2018
7038-DA06	14	Second Floor prepared by Blackburne Jackson Design	10-08-2018
7038-DA07	12	Site Section prepared by Blackburne Jackson Design	08-10-2018
7038-DA08	13	Site Section prepared by Blackburne Jackson Design	08-10-2018
7038-DA09	16	Indicative Apartment Layouts prepared by Blackburne Jackson Design	10-08-2018
7038-DA10	14	Indicative Apartment Layouts prepared by Blackburne Jackson Design	10-08-2018
7038-DA11	10	Perspective sketches prepared by Blackburne Jackson Design	01-07-2019
7038-DA12	09	Perspective sketches prepared by Blackburne Jackson Design	08-10-2018
7038-DA13	08	Overall staging plan prepared by Blackburne Jackson Design	08-10-2018
7038-DA14	06	Finishes Palette prepared by Blackburne Jackson Design	29-09-17
7038-DA15	10	Resort Facilities Floor Plan prepared by Blackburne Jackson Design	27-06-2019
7038-DA16	09	Facilities Elevations prepared by Blackburne Jackson Design	27-06-2019
7038-DA17	05	Indicative Apartment Layouts prepared by Blackburne Jackson Design	10-08-2018
7038-DA19	07	Building 15 Elevations prepared by Blackburne Jackson Design	10-08-2018
7038-DA20	08	Block 18 - Elevations prepared by Blackburne Jackson Design	08-10-2018
7038-DA21	08	Building 3 Elevations prepared by Blackburne Jackson Design	01-11-2018
7038-DA23	11	Block 2 - Elevations prepared by Blackburne Jackson Design	01-11-2018
DD1.1	F	Location Plan prepared by Sparks Architects	08-06-2017
DD1.3	H	Unit Type 1 prepared by Sparks Architects	08-06-2017
DD1.4	H	Unit Type 2 prepared by Sparks Architects	08-06-2017
DD1.6	E	First Floor Plan Block 7 prepared by Sparks Architects	08-06-2017
DD1.7	D	Roof Plan Block 7 prepared prepared by Sparks Architects	08-06-2017
DD1.9	E	First Floor Plan Block 8 prepared by Sparks Architects	08-06-2017
DD1.10	D	Roof Plan Block 8 prepared by Sparks Architects	08-06-2017
DD1.12	E	First Floor Plan Block 9 prepared by Sparks Architects	08-06-2017
DD1.13	D	Roof Plan Block 9 prepared by Sparks Architects	08-06-2017
WD2.1	B	Elevations prepared by Sparks Architects	23-08-2017
WD2.2	B	North Elevations Block 7 prepared by Sparks Architects	23-08-2017
WD2.3	B	East Elevations Block 7 prepared by Sparks Architects	23-08-2017
WD2.4	B	South Elevations Block 7 prepared by Sparks Architects	23-08-2017
WD2.5	L	West Elevations Block 7 prepared by Sparks Architects	10-05-2019
WD2.6	B	Elevations Block 8 prepared by Sparks Architects	23-08-2017
WD2.7	B	Elevations Block 9 prepared by Sparks Architects	23-08-2017
DD3.1	D	Sections Block 7 prepared by Sparks Architects	08-06-2017
DD3.2	B	Section Block 7 prepared by Sparks Architects	08-06-2017
DD3.3	D	Section Block 8 prepared by Sparks Architects	08-06-2017
DD3.4	D	Section Block 9 prepared by Sparks Architects	08-06-2017
DD4.1	G	3D prepared by Sparks Architects	08-06-2017
DD4.2	G	3D prepared by Sparks Architects	08-06-2017
DD4.3	G	3D prepared by Sparks Architects	08-06-2017
DD4.4	G	3D prepared by Sparks Architects	08-06-2017
DD4.5	G	3D prepared by Sparks Architects	08-06-2017
DD4.6	G	3D prepared by Sparks Architects	08-06-2017
DD4.7	G	3D prepared by Sparks Architects	08-06-2017
5622_A01-10_E	E	CTS 400 Site Plan – Level 1 prepared by Blackburne Jackson Design	JANUARY
7088_A01-21_B	B	CTS 100 Site Plan – Level 1 prepared by Blackburne Jackson Design	03-10-17
7088_A01-31_B	B	CTS 300 Site Plan – Level 1 prepared by Blackburne Jackson Design	03-10-17
5622_A02-01_W	W	Facilities Building Level 1 – Floor Plan prepared by Blackburne Jackson Design	Dec 2018
5622_A02-02_K	K	Facilities Building – Level 2 Roof Plan prepared by Blackburne Jackson Design	Dec 2018
7088_A02-30_G	G	Block 15 Basement Level – Floor Plan prepared by Blackburne Jackson Design	31-08-2018
7088_A02-31_H	H	Block 15 Level 1 – Floor Plan prepared by Blackburne Jackson Design	02-10-2018
7088_A02-32_H	H	Block 15 Level 2 – Floor Plan prepared by Blackburne Jackson Design	02-10-2018
7088_A02-33_H	H	Block 15 Level 3 – Floor Plan prepared by Blackburne Jackson Design	02-10-2018
7098_A02-01_M	M	Block 3 Basement Level – Floor Plan prepared by Blackburne Jackson Design	05-09-2018
7098_A02-02_L	L	Block 3 Level 1 – Floor Plan prepared by Blackburne Jackson Design	05-09-2018
7098_A02-03_J	J	Block 3 Level 2 – Floor Plan prepared by Blackburne Jackson Design	05-09-2018
7098_A02-04_K	K	Block 3 Level 3 – Floor Plan prepared by Blackburne Jackson Design	05-09-2018
7088_A02-90_G	G	Block 16 Basement Level – Floor Plan prepared by Blackburne Jackson Design	31-08-2018
7088_A02-91_H	H	Block 16 Level 1 – Floor Plan prepared by Blackburne Jackson Design	02-10-2018
7088_A02-92_H	H	Block 16 Level 2 – Floor Plan prepared by Blackburne Jackson Design	02-10-2018
7088_A02-93_H	H	Block 16 Level 3 – Floor Plan prepared by Blackburne Jackson Design	02-10-2018
7088_A04-10_D	D	Block 15 - Elevations prepared by Blackburne Jackson Design	04-09-17
7088_A04-11_D	D	Block 15 - Elevations prepared by Blackburne Jackson Design	04-09-17
7098_A04-01_D	D	Block 3 - Elevations prepared by Blackburne Jackson Design	03-10-17
7098_A04-02_D	D	Block 3 - Elevations prepared by Blackburne Jackson Design	03-10-17
7088_A04-30_D	D	Block 16 - Elevations prepared by Blackburne Jackson Design	04-09-17
7088_A04-31_D	D	Block 16 - Elevations prepared by Blackburne Jackson Design	04-09-17
7088_A05-10_C	C	Block 15 - Sections prepared by Blackburne Jackson Design	04-09-17
7088_A05-15_C	C	Block 16 - Sections prepared by Blackburne Jackson Design	04-09-17
7088_AA05-20_03	03	Sections prepared by Blackburne Jackson Design	29-05-17
7088_AO17-01_02	02	Parkridge Building 2 & 14 prepared by Blackburne Jackson Design	09-10-2018
7088_AO17_02	04	Quarry Café Views prepared by Blackburne Jackson Design	14.01.2019
7088_AO17-03_03	03	Parkside Buildings 18-21 prepared by Blackburne Jackson Design	09-10-2018
7088_AO17-04_03	03	Parkside Buildings 15 & 16 prepared by Blackburne Jackson Design	09-10-2018
7088_AO17-05_03	03	Parkside Buildings 17 & 22 prepared by Blackburne Jackson Design	09-10-2018
7088_AO17-06_03	03	Parkside Buildings 5 & 6 prepared by Blackburne Jackson Design	09-10-2018
7038_DA30	03	CTS 100, 700 & 800 Site Plan prepared by Blackburne Jackson Design	08-10-2018
7038_DA31	02	CTS 300 & 500 Site Plan prepared by Blackburne Jackson Design	08-10-2018
7038_DA32	02	CTS 900 Site Plan prepared by Blackburne Jackson Design	08-10-2018
7038_DA33	03	Block 4 – Elevations prepared by Blackburne Jackson Design	01-11-2018
7038_DA34	03	Block 4 – Elevations prepared by Blackburne Jackson Design	01-11-2018
7038_DA35	03	Block 5 – Elevations prepared by Blackburne Jackson Design	01-11-2018
7038_DA36	03	Block 5 – Elevations prepared by Blackburne Jackson Design	01-11-2018
7038_DA37	02	Block 6 – Elevations prepared by Blackburne Jackson Design	08-10-2018
7038_DA38	02	Block 6 – Elevations prepared by Blackburne Jackson Design	08-10-2018
7038_DA39	04	Block 14 – Elevations prepared by Blackburne Jackson Design	05.02.2019
7038_DA40	04	Block 14 – Elevations prepared by Blackburne Jackson Design	05.02.2019
7038_DA41	02	Block 17 – Elevations prepared by Blackburne Jackson Design	09-08-2018
7038_DA42	02	Block 17 – Elevations prepared by Blackburne Jackson Design	09-08-2018
7038_DA43	02	Block 21 – Elevations prepared by Blackburne Jackson Design	09-10-2018
7038_DA44	02	Block 21 – Elevations prepared by Blackburne Jackson Design	09-10-2018
7038_DA45	04	Block 22 – Elevations prepared by Blackburne Jackson Design	01-11-2018
7038_DA46	04	Block 22 – Elevations prepared by Blackburne Jackson Design	01-11-2018
7038_DA47	03	Block 22 – Roof prepared by Blackburne Jackson Design	09-10-2018
7038_DA61	02	Block 2 – Basement prepared by Blackburne Jackson Design	09-10-2018
7038_DA62	02	Block 2 – Level 1 prepared by Blackburne Jackson Design	09-10-2018
7038_DA63	02	Block 2 – Level 2 prepared by Blackburne Jackson Design	09-10-2018
7038_DA64	02	Block 2 – Level 3 prepared by Blackburne Jackson Design	09-10-2018
7038_DA65	02	Block 4 – Basement – Floor Plan prepared by Blackburne Jackson Design	09-10-2018
7038_DA66	02	Block 4 – Level 1 – Floor Plan prepared by Blackburne Jackson Design	09-10-2018
7038_DA67	02	Block 4 – Level 2 – Floor Plan prepared by Blackburne Jackson Design	09-10-2018
7038_DA68	02	Block 4 – Level 3 – Floor Plan prepared by Blackburne Jackson Design	09-10-2018
7038_DA69	02	Block 5 –  Basement prepared by Blackburne Jackson Design	09-10-2018
7038_DA70	02	Block 5 – Level 1 prepared by Blackburne Jackson Design	09-10-2018
7038_DA71	02	Block 5 – Level 2 prepared by Blackburne Jackson Design	09-10-2018
7038_DA72	02	Block 5 – Level 3 prepared by Blackburne Jackson Design	09-10-2018
7038_DA73	02	Block 6 – Basement prepared by Blackburne Jackson Design	09-10-2018
7038_DA74	02	Block 6 – Level 1 prepared by Blackburne Jackson Design	09-10-2018
7038_DA75	02	Block 6 – Level 2 – Floor Plan prepared by Blackburne Jackson Design	09-10-2018
7038_DA76	02	Block 6 – Level 3 prepared by Blackburne Jackson Design	09-10-2018
7105_A02-01_L	L	Block 14 – Basement prepared by Blackburne Jackson Design	03-02-2020
7038_DA77	03	Block 14 – Basement prepared by Blackburne Jackson Design	05.02.2019
7038_DA78	03	Block 14 – Level 1 prepared by Blackburne Jackson Design	05.02.2019
7038_DA79	02	Block 14 – Level 2 prepared by Blackburne Jackson Design	09-10-2018
7038_DA80	02	Block 17 – Basement prepared by Blackburne Jackson Design	09-08-2018
7038_DA81	02	Block 17 – Level 1 prepared by Blackburne Jackson Design	09-08-2018
7038_DA82	02	Block 17 – Level 2 prepared by Blackburne Jackson Design	09-08-2018
7038_DA83	02	Block 17 – Level 3 prepared by Blackburne Jackson Design	09-10-2018
7038_DA84	02	Block 18 – Undercroft prepared by Blackburne Jackson Design	09-10-2018
7038_DA85	02	Block 18 – Level 1 prepared by Blackburne Jackson Design	09-10-2018
7038_DA86	02	Block 18 – Level 2 prepared by Blackburne Jackson Design	09-10-2018
7038_DA87	02	Block 19 – Undercroft prepared by Blackburne Jackson Design	09-10-2018
7038_DA88	02	Block 19 – Level  1 prepared by Blackburne Jackson Design	09-10-2018
7038_DA89	02	Block 19 – Level 2 prepared by Blackburne Jackson Design	09-10-2018
7038_DA90	02	Block 20 – Undercroft prepared by Blackburne Jackson Design	09-10-2018
7038_DA91	02	Block 20 – Level 1 prepared by Blackburne Jackson Design	09-10-2018
7038_DA92	02	Block 20 – Level 2 prepared by Blackburne Jackson Design	09-10-2018
7038_DA93	02	Block 21 – Undercroft prepared by Blackburne Jackson Design	09-10-2018
7038_DA94	02	Block 21 – Level 1 prepared by Blackburne Jackson Design	09-10-2018
7038_DA95	02	Block 21 – Level 2 prepared by Blackburne Jackson Design	09-10-2018
7038_DA96	02	Block 22 – Basement prepared by Blackburne Jackson Design	09-10-2018
7038_DA97	02	Block 22 – Level 1 prepared by Blackburne Jackson Design	09-10-2018
7038_DA98	02	Block 22 – Level 2 prepared by Blackburne Jackson Design	09-10-2018
7038_DA99	02	Block 22 – Level 3 prepared by Blackburne Jackson Design	09-10-2018
7038_DA100	04	Block 2 – Sections prepared by Blackburne Jackson Design	01-11-2018
7038_DA101	04	Block 2 – Sections prepared by Blackburne Jackson Design	01-11-2018
7038_DA102	03	Block 3 – Sections prepared by Blackburne Jackson Design	01-11-2018
7038_DA103	03	Block 3 – Sections prepared by Blackburne Jackson Design	01-11-2018
7038_DA104	03	Block 4 – Sections prepared by Blackburne Jackson Design	01-11-2018
7038_DA105	03	Block 4 – Sections prepared by Blackburne Jackson Design	01-11-2018
7038_DA106	03	Block 5 – Sections prepared by Blackburne Jackson Design	01-11-2018
7038_DA107	03	Block 5 – Sections prepared by Blackburne Jackson Design	01-11-2018
7038_DA108	02	Block 6 – Sections prepared by Blackburne Jackson Design	09-10-2018
7038_DA109	02	Block 6 – Sections prepared by Blackburne Jackson Design	09-10-2018
7038_DA110	04	Block 14 – Sections prepared by Blackburne Jackson Design	05.02.2019
7038_DA111	04	Block 14 – Sections prepared by Blackburne Jackson Design	05.02.2019
7038_DA112	02	Block 16 – Sections prepared by Blackburne Jackson Design	09-08-2018
7038_DA113	01	Block 16 – Sections prepared by Blackburne Jackson Design	09-08-2018
7038_DA114	03	Block 17 – Sections prepared by Blackburne Jackson Design	09-08-2018
7038_DA115	03	Block 17 – Sections prepared by Blackburne Jackson Design	09-08-2018
7038_DA116	02	Block 19 – Sections prepared by Blackburne Jackson Design	09-10-2018
7038_DA117	02	Block 19 – Sections prepared by Blackburne Jackson Design	09-10-2018
7038_DA118	02	Block 20 – Sections prepared by Blackburne Jackson Design	09-10-2018
7038_DA119	02	Block 20 – Sections prepared by Blackburne Jackson Design	09-10-2018
7038_DA120	02	Block 21 – Sections prepared by Blackburne Jackson Design	09-10-2018
7038_DA121	02	Block 21 – Sections prepared by Blackburne Jackson Design	09-10-2018
7038_DA122	03	Block 22 – Sections prepared by Blackburne Jackson Design	01-11-2018
7038_DA123	03	Block 22 – Sections prepared by Blackburne Jackson Design	01-11-2018
7088_A04-55	A	Block 18 – Elevations prepared by Blackburne Jackson Design	29.06.2018
7088_A04-56	A	Block 18 – Elevations prepared by Blackburne Jackson Design	29.06.2018
7088_A04-60	A	Block 19 – Elevations prepared by Blackburne Jackson Design	29.06.2018
7088_A04-61	A	Block 19 – Elevations prepared by Blackburne Jackson Design	29.06.2018
7088_A04-65	A	Block 20 – Elevations prepared by Blackburne Jackson Design	29.06.2018
7088_A04-66	A	Block 20 – Elevations prepared by Blackburne Jackson Design	29.06.2018
7088_A04-70	A	Block 21 – Elevations prepared by Blackburne Jackson Design	29.06.2018
7088_A04-71	A	Block 21 – Elevations prepared by Blackburne Jackson Design	29.06.2018
WD1.3	I	Site Plan prepared by Sparks Architects	16-05-2018
WD1.8	I	Ground Floor Plan Block 7 prepared by Sparks Architects	16-05-2018
WD1.11	H	Ground Floor Plan Block 8 prepared by Sparks Architects	16-05-2018
WD1.14	H	Ground Floor Plan Block 9 prepared by Sparks Architects	16-05-2018
Condition 33
Carparking shall be provided within the site generally as shown on the approved plans. Carparking shall include a minimum of:
For the Multiple Dwelling Unit component:
224 covered spaces;
17 uncovered spaces; and
35 uncovered spaces to be designated through the Principal Community Management Scheme as Exclusive Use Areas within the common property and accessible at all times for visitors. These Exclusive Use Areas are to remain within the common property in perpetuity for the purposes of visitor carparking and are to be managed by the Principal Body Corporate and Subsidiary Body Corporates.
For the Resort Facilities Building component:
A minimum of 30 uncovered spaces are to be designated through the Principal Community Management Scheme as Exclusive Use Areas, within the common property, for the Resort Facilities Building. These parking spaces are to be accessible at all times for patrons and staff of the Resort Facilities Building.
All 30 patron and staff carparking spaces are to be provided within proximity of the Resort Facilities Building, that is, not located along the proposed new road along the eastern property boundary.
All 30 spaces are to be fully constructed and available for use prior to the commencement of the use of the Resort Facilities Building.
Condition 83
The development shall comply with the Noise Management Plan (Report No: R19084/D3295/Rev.4/30.03.20) prepared by David Moore & Associates and dated 30 March 2020 to the reasonable satisfaction of Council, including:
The necessary and appropriate noise control measures incorporated into the façade of the apartments and within the restaurant/café in the Resort Facilities Building. These measures shall include:
Upgraded glazing and air-conditioning to the potentially affected apartments;
Strategically placed wing walls on balconies to screen the apartment and balconies from outdoor dining areas;
Revised hours of operation to no later than midnight for the restaurant/café (indoor area only);
The outdoor dining areas associated with the restaurant/café use is to operate between the hours of 6am and 10pm only;
After 10pm, all patrons must be within the building confines with doors/windows closed, except for the ingress and egress of patrons and staff;
The underside of all roof elements over outdoor dining areas associated with the café use are to be lined with acoustic absorptive lining minimum NRC 0.7;
Outdoor dining is confined to the 185m2 roofed area shown on the approved plans.
All amplified noise at the premises must be conducted through a sound limiting device at all times to ensure that noise does not exceed the following:
during the daytime and evening (0600 to 2200) must not exceed 92 dB(A) LWA, which is equivalent to 75 dB(A) + 5 = 80 dB(A) LAeq, adj, T at 3 metres from the speakers.
Any live performer must be required to play through the in-house system. No speakers (in addition to the in-house system) are permitted on site.
Within 20 business days of the commencement of trading of the restaurant/café use, Council must be provided with a Noise Management Plan which is specific to the use and prepared on the basis of physical and technical assessment of noise from the restaurant/café use, including both internal and external use areas.  The noise management plan must suitably detail physical and management noise control measures.
The applicant must advise prospective purchasers that a Noise Management Plan has been prepared to manage noise emissions related to the development.
The Noise Management Plan referred to in Condition 83(b) shall be incorporated in perpetuity in the By-Laws of the Body Corp for the building.
The Noise Management Plan shall include a process for dealing with complaints and specify that the Restaurant/Café Management and Body Corp Manager be responsible for dealing with any noise complaints.
Add Condition 97 as follows.
New Condition 97 – 18 June 2020
97. 	The Media room in Unit 1401 must remain unenclosed and is not to be utilised as a bedroom.
Delete Condition 5 due to an administrative error in the previous minor change approval.

REPORT
PROPOSAL
The applicant seeks approval to change to an existing development approval, including changes to Conditions 2, 5, 33 and 83. The request to change Conditions 2 and 83 seeks to extend the outdoor dining operations from 8pm in the under awning outdoor dining area, and 10pm in the roofed outdoor dining area until midnight 7 days a week. The request to change Conditions 5 and 33 seeks to reduce the required designated car parking for the restaurant, and delete the requirement to provide designated parking in proximity to the Resort Facilities Building.
background
The site is located within Precinct F of the Noosa Springs development at Noosa Springs Drive, Noosa Heads. Noosa Springs is a master planned residential golf resort, with most development on the site completed.  The subject resort site and an adjoining multiple dwelling site (Precinct E2) have remained undeveloped and were recently purchased by the applicant.
On the 30 August 2007 Council approved the application for a Material Change of Use - Resort of 155 Multiple Dwelling Units & Associated Facilities (Theatre, Restaurant, Shops & Function Rooms), which was assessed under the Superseded Planning Scheme. Representations were then made, and on the 5 November 2007, Council agreed to amend or delete 18 of the 102 total conditions pertaining to the development (132005.1133).
On 6 April 2011 an extension to the currency period of the approval for 4 years to 1 November 2015 was agreed (132005.1133.2).
On 10 September 2015 an extension to the currency period of the approval for 2 years to 1 November 2017 was agreed (132005.1133.3).
On 10 March 2016 a modification to the approval was granted which altered the general redesign of building layouts to increase efficiency and consolidate non-residential components and remove the theatre and function room components of the approval (132005.1133.4).
On 15 December 2016 a modification of the approval was granted which changed the description of the approval from Material Change of Use - 155 Multiple Dwelling Units and Associated Facilities - Theatre, Restaurant, Shops & Function Rooms to Material Change of Use for a Resort of 151 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym. This change also included a redesign of the building layouts and a change to a number of conditions (132005.1133.5).
On 21 September 2017 Council agreed to further modification of the approval which changed the description of the approval from Material Change of Use - 151 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym to Material Change of Use for 145 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym. This change also included a redesign of the building layouts and a change to a number of conditions (132005.1133.6).
On 18 January 2018 Council agreed to further modification of the approval which changed the description of the approval from Material Change of Use for 145 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym to Material Change of Use for 137 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym. This change also included a redesign of the building heights and layouts and a change to a number of conditions (132005.1133.7).
On 28 November 2018 Council agreed to further modification of the approval which changed the description of the approval from Material Change of Use for 137 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym to Material Change of Use for 140 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym. This change also included a redesign of the building layouts and a change to a number of conditions, a request to delete condition 96 (regarding landscaping and structures to the rear of Blocks 7, 8 and 9) was refused (132005.1133.8).
On 14 May 2019 Council agreed to further modification of the approval including a number of building layout redesigns and  a change to a number of conditions, with amendments to conditions 2, 33, 48 & 64, delete condition 72 and with amendment to advisory notes 1, 2 & 11 (132005.1133.9).
On 21 August 2019 Council issued a Generally in Accordance letter in relation to minor changes to approved plans (132005.1133.11).
On 18 October 2019 Council agreed to further modification of the approval including changes to the internal layout of the Facilities Building, addition to the outdoor dining area, change to GFA and refinement to the elevations to be consistent with the layout changes, and a change to a number of conditions, with amendments to conditions 2, 12 & 64, additional changes to conditions 5 & 83, and amendments to advisory notes 1, 2 & 11 (132005.1133.10).
On 21 November 2019 Council issued a Generally in Accordance letter in relation to minor changes to approved plans (132005.1133.12).
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;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Noosa Heads Locality Code;
Visitor Accommodation Code
Business Uses Code;
Engineering Works Codes.
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 use remains the same as that approved, and the scale and bulk of the development remains generally consistent with the current approval;
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 original application was approved on 30 August 2007 as an impact assessable application under the superseded 1990 Planning Scheme (5 December 1997 version). The subject site is located within the Semi-Attached Housing Zone under the current Noosa Plan. The Noosa Plan identifies Multiple housing Type 4 Conventional as impact inconsistent within Precinct F of Noosa Springs (the subject site), as the subject site was originally intended for short-term visitor accommodation development, though a condition of approval was never imposed to limit the use of the dwelling units in this way. The uses located within the Resort Facilities Building are also impact inconsistent under The Noosa Plan.
Condition 2
Amended Condition – 18 October 2019
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed below and are as amended by the conditions herein.
Plan No.	Rev.	Plan/Document Name	Date
7038-DA01	21	Masterplan Noosa Springs Resort prepared by Blackburne Jackson Design	16-08-2019
7038-DA03	14	Carparking/Basement prepared by Blackburne Jackson Design	20-11-2018
7038-DA04	34	Ground Floor prepared by Blackburne Jackson Design	27.06.2019
7038-DA05	16	First Floor prepared by Blackburne Jackson Design	08-10-2018
7038-DA06	14	Second Floor prepared by Blackburne Jackson Design	10-08-2018
7038-DA07	12	Site Section prepared by Blackburne Jackson Design	08-10-2018
7038-DA08	13	Site Section prepared by Blackburne Jackson Design	08-10-2018
7038-DA09	16	Indicative Apartment Layouts prepared by Blackburne Jackson Design	10-08-2018
7038-DA10	14	Indicative Apartment Layouts prepared by Blackburne Jackson Design	10-08-2018
7038-DA11	10	Perspective sketches prepared by Blackburne Jackson Design	01-07-2019
7038-DA12	09	Perspective sketches prepared by Blackburne Jackson Design	08-10-2018
7038-DA13	08	Overall staging plan prepared by Blackburne Jackson Design	08-10-2018
7038-DA14	06	Finishes Palette prepared by Blackburne Jackson Design	29-09-17
7038-DA15	10	Resort Facilities Floor Plan prepared by Blackburne Jackson Design	27-06-2019
7038-DA16	09	Facilities Elevations prepared by Blackburne Jackson Design	27-06-2019
7038-DA17	05	Indicative Apartment Layouts prepared by Blackburne Jackson Design	10-08-2018
7038-DA19	07	Building 15 Elevations prepared by Blackburne Jackson Design	10-08-2018
7038-DA20	08	Block 18 - Elevations prepared by Blackburne Jackson Design	08-10-2018
7038-DA21	08	Building 3 Elevations prepared by Blackburne Jackson Design	01-11-2018
7038-DA23	11	Block 2 - Elevations prepared by Blackburne Jackson Design	01-11-2018
DD1.1	F	Location Plan prepared by Sparks Architects	08-06-2017
DD1.3	H	Unit Type 1 prepared by Sparks Architects	08-06-2017
DD1.4	H	Unit Type 2 prepared by Sparks Architects	08-06-2017
DD1.6	E	First Floor Plan Block 7 prepared by Sparks Architects	08-06-2017
DD1.7	D	Roof Plan Block 7 prepared prepared by Sparks Architects	08-06-2017
DD1.9	E	First Floor Plan Block 8 prepared by Sparks Architects	08-06-2017
DD1.10	D	Roof Plan Block 8 prepared by Sparks Architects	08-06-2017
DD1.12	E	First Floor Plan Block 9 prepared by Sparks Architects	08-06-2017
DD1.13	D	Roof Plan Block 9 prepared by Sparks Architects	08-06-2017
WD2.1	B	Elevations prepared by Sparks Architects	23-08-2017
WD2.2	B	North Elevations Block 7 prepared by Sparks Architects	23-08-2017
WD2.3	B	East Elevations Block 7 prepared by Sparks Architects	23-08-2017
WD2.4	B	South Elevations Block 7 prepared by Sparks Architects	23-08-2017
WD2.5	L	West Elevations Block 7 prepared by Sparks Architects	10-05-2019
WD2.6	B	Elevations Block 8 prepared by Sparks Architects	23-08-2017
WD2.7	B	Elevations Block 9 prepared by Sparks Architects	23-08-2017
DD3.1	D	Sections Block 7 prepared by Sparks Architects	08-06-2017
DD3.2	B	Section Block 7 prepared by Sparks Architects	08-06-2017
DD3.3	D	Section Block 8 prepared by Sparks Architects	08-06-2017
DD3.4	D	Section Block 9 prepared by Sparks Architects	08-06-2017
DD4.1	G	3D prepared by Sparks Architects	08-06-2017
DD4.2	G	3D prepared by Sparks Architects	08-06-2017
DD4.3	G	3D prepared by Sparks Architects	08-06-2017
DD4.4	G	3D prepared by Sparks Architects	08-06-2017
DD4.5	G	3D prepared by Sparks Architects	08-06-2017
DD4.6	G	3D prepared by Sparks Architects	08-06-2017
DD4.7	G	3D prepared by Sparks Architects	08-06-2017
5622_A01-10_E	E	CTS 400 Site Plan – Level 1 prepared by Blackburne Jackson Design	JANUARY
7088_A01-21_B	B	CTS 100 Site Plan – Level 1 prepared by Blackburne Jackson Design	03-10-17
7088_A01-31_B	B	CTS 300 Site Plan – Level 1 prepared by Blackburne Jackson Design	03-10-17
5622_A02-01_W	W	Facilities Building Level 1 – Floor Plan prepared by Blackburne Jackson Design As annotated by Council	Dec 2018
5622_A02-02_K	K	Facilities Building – Level 2 Roof Plan prepared by Blackburne Jackson Design	Dec 2018
7088_A02-30_G	G	Block 15 Basement Level – Floor Plan prepared by Blackburne Jackson Design	31-08-2018
7088_A02-31_H	H	Block 15 Level 1 – Floor Plan prepared by Blackburne Jackson Design	02-10-2018
7088_A02-32_H	H	Block 15 Level 2 – Floor Plan prepared by Blackburne Jackson Design	02-10-2018
7088_A02-33_H	H	Block 15 Level 3 – Floor Plan prepared by Blackburne Jackson Design	02-10-2018
7098_A02-01_M	M	Block 3 Basement Level – Floor Plan prepared by Blackburne Jackson Design	05-09-2018
7098_A02-02_L	L	Block 3 Level 1 – Floor Plan prepared by Blackburne Jackson Design	05-09-2018
7098_A02-03_J	J	Block 3 Level 2 – Floor Plan prepared by Blackburne Jackson Design	05-09-2018
7098_A02-04_K	K	Block 3 Level 3 – Floor Plan prepared by Blackburne Jackson Design	05-09-2018
7088_A02-90_G	G	Block 16 Basement Level – Floor Plan prepared by Blackburne Jackson Design	31-08-2018
7088_A02-91_H	H	Block 16 Level 1 – Floor Plan prepared by Blackburne Jackson Design	02-10-2018
7088_A02-92_H	H	Block 16 Level 2 – Floor Plan prepared by Blackburne Jackson Design	02-10-2018
7088_A02-93_H	H	Block 16 Level 3 – Floor Plan prepared by Blackburne Jackson Design	02-10-2018
7088_A04-10_D	D	Block 15 - Elevations prepared by Blackburne Jackson Design	04-09-17
7088_A04-11_D	D	Block 15 - Elevations prepared by Blackburne Jackson Design	04-09-17
7098_A04-01_D	D	Block 3 - Elevations prepared by Blackburne Jackson Design	03-10-17
7098_A04-02_D	D	Block 3 - Elevations prepared by Blackburne Jackson Design	03-10-17
7088_A04-30_D	D	Block 16 - Elevations prepared by Blackburne Jackson Design	04-09-17
7088_A04-31_D	D	Block 16 - Elevations prepared by Blackburne Jackson Design	04-09-17
7088_A05-10_C	C	Block 15 - Sections prepared by Blackburne Jackson Design	04-09-17
7088_A05-15_C	C	Block 16 - Sections prepared by Blackburne Jackson Design	04-09-17
7088_AA05-20_03	03	Sections prepared by Blackburne Jackson Design	29-05-17
7088_AO17-01_02	02	Parkridge Building 2 & 14 prepared by Blackburne Jackson Design	09-10-2018
7088_AO17_02	04	Quarry Café Views prepared by Blackburne Jackson Design	14.01.2019
7088_AO17-03_03	03	Parkside Buildings 18-21 prepared by Blackburne Jackson Design	09-10-2018
7088_AO17-04_03	03	Parkside Buildings 15 & 16 prepared by Blackburne Jackson Design	09-10-2018
7088_AO17-05_03	03	Parkside Buildings 17 & 22 prepared by Blackburne Jackson Design	09-10-2018
7088_AO17-06_03	03	Parkside Buildings 5 & 6 prepared by Blackburne Jackson Design	09-10-2018
7038_DA30	03	CTS 100, 700 & 800 Site Plan prepared by Blackburne Jackson Design	08-10-2018
7038_DA31	02	CTS 300 & 500 Site Plan prepared by Blackburne Jackson Design	08-10-2018
7038_DA32	02	CTS 900 Site Plan prepared by Blackburne Jackson Design	08-10-2018
7038_DA33	03	Block 4 – Elevations prepared by Blackburne Jackson Design	01-11-2018
7038_DA34	03	Block 4 – Elevations prepared by Blackburne Jackson Design	01-11-2018
7038_DA35	03	Block 5 – Elevations prepared by Blackburne Jackson Design	01-11-2018
7038_DA36	03	Block 5 – Elevations prepared by Blackburne Jackson Design	01-11-2018
7038_DA37	02	Block 6 – Elevations prepared by Blackburne Jackson Design	08-10-2018
7038_DA38	02	Block 6 – Elevations prepared by Blackburne Jackson Design	08-10-2018
7038_DA39	04	Block 14 – Elevations prepared by Blackburne Jackson Design	05.02.2019
7038_DA40	04	Block 14 – Elevations prepared by Blackburne Jackson Design	05.02.2019
7038_DA41	02	Block 17 – Elevations prepared by Blackburne Jackson Design	09-08-2018
7038_DA42	02	Block 17 – Elevations prepared by Blackburne Jackson Design	09-08-2018
7038_DA43	02	Block 21 – Elevations prepared by Blackburne Jackson Design	09-10-2018
7038_DA44	02	Block 21 – Elevations prepared by Blackburne Jackson Design	09-10-2018
7038_DA45	04	Block 22 – Elevations prepared by Blackburne Jackson Design	01-11-2018
7038_DA46	04	Block 22 – Elevations prepared by Blackburne Jackson Design	01-11-2018
7038_DA47	03	Block 22 – Roof prepared by Blackburne Jackson Design	09-10-2018
7038_DA61	02	Block 2 – Basement prepared by Blackburne Jackson Design	09-10-2018
7038_DA62	02	Block 2 – Level 1 prepared by Blackburne Jackson Design	09-10-2018
7038_DA63	02	Block 2 – Level 2 prepared by Blackburne Jackson Design	09-10-2018
7038_DA64	02	Block 2 – Level 3 prepared by Blackburne Jackson Design	09-10-2018
7038_DA65	02	Block 4 – Basement – Floor Plan prepared by Blackburne Jackson Design	09-10-2018
7038_DA66	02	Block 4 – Level 1 – Floor Plan prepared by Blackburne Jackson Design	09-10-2018
7038_DA67	02	Block 4 – Level 2 – Floor Plan prepared by Blackburne Jackson Design	09-10-2018
7038_DA68	02	Block 4 – Level 3 – Floor Plan prepared by Blackburne Jackson Design	09-10-2018
7038_DA69	02	Block 5 –  Basement prepared by Blackburne Jackson Design	09-10-2018
7038_DA70	02	Block 5 – Level 1 prepared by Blackburne Jackson Design	09-10-2018
7038_DA71	02	Block 5 – Level 2 prepared by Blackburne Jackson Design	09-10-2018
7038_DA72	02	Block 5 – Level 3 prepared by Blackburne Jackson Design	09-10-2018
7038_DA73	02	Block 6 – Basement prepared by Blackburne Jackson Design	09-10-2018
7038_DA74	02	Block 6 – Level 1 prepared by Blackburne Jackson Design	09-10-2018
7038_DA75	02	Block 6 – Level 2 – Floor Plan prepared by Blackburne Jackson Design	09-10-2018
7038_DA76	02	Block 6 – Level 3 prepared by Blackburne Jackson Design	09-10-2018
7038_DA77	03	Block 14 – Basement prepared by Blackburne Jackson Design	05.02.2019
7038_DA78	03	Block 14 – Level 1 prepared by Blackburne Jackson Design	05.02.2019
7038_DA79	02	Block 14 – Level 2 prepared by Blackburne Jackson Design	09-10-2018
7038_DA80	02	Block 17 – Basement prepared by Blackburne Jackson Design	09-08-2018
7038_DA81	02	Block 17 – Level 1 prepared by Blackburne Jackson Design	09-08-2018
7038_DA82	02	Block 17 – Level 2 prepared by Blackburne Jackson Design	09-08-2018
7038_DA83	02	Block 17 – Level 3 prepared by Blackburne Jackson Design	09-10-2018
7038_DA84	02	Block 18 – Undercroft prepared by Blackburne Jackson Design	09-10-2018
7038_DA85	02	Block 18 – Level 1 prepared by Blackburne Jackson Design	09-10-2018
7038_DA86	02	Block 18 – Level 2 prepared by Blackburne Jackson Design	09-10-2018
7038_DA87	02	Block 19 – Undercroft prepared by Blackburne Jackson Design	09-10-2018
7038_DA88	02	Block 19 – Level  1 prepared by Blackburne Jackson Design	09-10-2018
7038_DA89	02	Block 19 – Level 2 prepared by Blackburne Jackson Design	09-10-2018
7038_DA90	02	Block 20 – Undercroft prepared by Blackburne Jackson Design	09-10-2018
7038_DA91	02	Block 20 – Level 1 prepared by Blackburne Jackson Design	09-10-2018
7038_DA92	02	Block 20 – Level 2 prepared by Blackburne Jackson Design	09-10-2018
7038_DA93	02	Block 21 – Undercroft prepared by Blackburne Jackson Design	09-10-2018
7038_DA94	02	Block 21 – Level 1 prepared by Blackburne Jackson Design	09-10-2018
7038_DA95	02	Block 21 – Level 2 prepared by Blackburne Jackson Design	09-10-2018
7038_DA96	02	Block 22 – Basement prepared by Blackburne Jackson Design	09-10-2018
7038_DA97	02	Block 22 – Level 1 prepared by Blackburne Jackson Design	09-10-2018
7038_DA98	02	Block 22 – Level 2 prepared by Blackburne Jackson Design	09-10-2018
7038_DA99	02	Block 22 – Level 3 prepared by Blackburne Jackson Design	09-10-2018
7038_DA100	04	Block 2 – Sections prepared by Blackburne Jackson Design	01-11-2018
7038_DA101	04	Block 2 – Sections prepared by Blackburne Jackson Design	01-11-2018
7038_DA102	03	Block 3 – Sections prepared by Blackburne Jackson Design	01-11-2018
7038_DA103	03	Block 3 – Sections prepared by Blackburne Jackson Design	01-11-2018
7038_DA104	03	Block 4 – Sections prepared by Blackburne Jackson Design	01-11-2018
7038_DA105	03	Block 4 – Sections prepared by Blackburne Jackson Design	01-11-2018
7038_DA106	03	Block 5 – Sections prepared by Blackburne Jackson Design	01-11-2018
7038_DA107	03	Block 5 – Sections prepared by Blackburne Jackson Design	01-11-2018
7038_DA108	02	Block 6 – Sections prepared by Blackburne Jackson Design	09-10-2018
7038_DA109	02	Block 6 – Sections prepared by Blackburne Jackson Design	09-10-2018
7038_DA110	04	Block 14 – Sections prepared by Blackburne Jackson Design	05.02.2019
7038_DA111	04	Block 14 – Sections prepared by Blackburne Jackson Design	05.02.2019
7038_DA112	02	Block 16 – Sections prepared by Blackburne Jackson Design	09-08-2018
7038_DA113	01	Block 16 – Sections prepared by Blackburne Jackson Design	09-08-2018
7038_DA114	03	Block 17 – Sections prepared by Blackburne Jackson Design	09-08-2018
7038_DA115	03	Block 17 – Sections prepared by Blackburne Jackson Design	09-08-2018
7038_DA116	02	Block 19 – Sections prepared by Blackburne Jackson Design	09-10-2018
7038_DA117	02	Block 19 – Sections prepared by Blackburne Jackson Design	09-10-2018
7038_DA118	02	Block 20 – Sections prepared by Blackburne Jackson Design	09-10-2018
7038_DA119	02	Block 20 – Sections prepared by Blackburne Jackson Design	09-10-2018
7038_DA120	02	Block 21 – Sections prepared by Blackburne Jackson Design	09-10-2018
7038_DA121	02	Block 21 – Sections prepared by Blackburne Jackson Design	09-10-2018
7038_DA122	03	Block 22 – Sections prepared by Blackburne Jackson Design	01-11-2018
7038_DA123	03	Block 22 – Sections prepared by Blackburne Jackson Design	01-11-2018
7088_A04-55	A	Block 18 – Elevations prepared by Blackburne Jackson Design	29.06.2018
7088_A04-56	A	Block 18 – Elevations prepared by Blackburne Jackson Design	29.06.2018
7088_A04-60	A	Block 19 – Elevations prepared by Blackburne Jackson Design	29.06.2018
7088_A04-61	A	Block 19 – Elevations prepared by Blackburne Jackson Design	29.06.2018
7088_A04-65	A	Block 20 – Elevations prepared by Blackburne Jackson Design	29.06.2018
7088_A04-66	A	Block 20 – Elevations prepared by Blackburne Jackson Design	29.06.2018
7088_A04-70	A	Block 21 – Elevations prepared by Blackburne Jackson Design	29.06.2018
7088_A04-71	A	Block 21 – Elevations prepared by Blackburne Jackson Design	29.06.2018
WD1.3	I	Site Plan prepared by Sparks Architects	16-05-2018
WD1.8	I	Ground Floor Plan Block 7 prepared by Sparks Architects	16-05-2018
WD1.11	H	Ground Floor Plan Block 8 prepared by Sparks Architects	16-05-2018
WD1.14	H	Ground Floor Plan Block 9 prepared by Sparks Architects	16-05-2018
Applicant’s Request

We request that condition 2 removes the “as annotated by Council” wording from the table of the listed approved plans and retains the clean copy of the Facilities Building Level 1 – Floor Plan prepared by Blackburne Jackson Design, as all noise control and management measures for the building have been detailed within the Noise Impact Assessment and Noise Management Plan.
In addition, the applicant proposes an additional change to Condition 2 to update the following plan to reflect the Block 14 Basement (Unit 1401) as constructed.
Assessment of Request
The annotation on the plan is in reference to specific operating hours conditioned under the below Condition 83 a. iv. (refer to Figure 1), amended through the previous minor change application.

Figure 1: Extract of approved plan 5622_A02-01_W Facilities Building Level 1 –
Floor Plan prepared by Blackburne Jackson Design As annotated by Council

The request to change the above approved plan to remove the annotation is supported– refer to the below section of the report regarding Condition 83 for further details.
In relation to the change to Block 14 – Basement – Floor Plan prepared by Blackburne Jackson Design, the updated plans reflect the Basement as constructed.

	
Figure 2: Approved Block 14 – Basement – Floor Plan	Figure 3: Proposed Block 14 – Basement – Floor Plan (as constructed)

The request to change Block 14 – Basement – Floor Plan is accepted, as the Media room remains unenclosed and, as such, does not constitute a bedroom and therefore does not increase the density of the development. The following condition is recommended to ensure the Media room remains unenclosed and the development density does not increase:
New Condition 97 – 18 June 2020
97.	The Media room in Unit 1401 must remain unenclosed and is not to be utilised as a bedroom.

Condition 5 and Condition 33
It is noted an administrative error occurred under the previous minor change application, which resulted in two Condition 5s being listed in Decision Notice 132005.1133.10, issued on 18 October 2019. The second Condition 5 listed on the Decision Notice should have replaced existing Condition 33. Therefore, the request to change Condition 5 and 33 will be assessed together.
Carparking shall be provided within the site generally as shown on the approved plans. Carparking shall include a minimum of:
For the Multiple Dwelling Unit component:
224 covered spaces;
17 uncovered spaces; and
35 uncovered spaces to be located within the common property, designated as visitor parking and accessible at all times.
For the Resort Facilities Building component:
41 uncovered spaces are to be located within the common property and accessible at all times, including 5 to be designated as staff parking.
All 41 spaces are to be provided within proximity of the Resort Facilities Building, that is, not located along the proposed new road along the eastern property boundary.
All 41 spaces are to be fully constructed and available for use prior to the commencement of the use of the Resort Facilities Building.
Carparking shall be provided within the site generally as shown on the approved plans. Carparking shall include 285 carpark spaces with 247 of these to be covered carpark spaces, and include 10 clearly defined disabled carpark spaces for the unit component of the development. Five carparking spaces for staff in addition to resident and visitor spaces are to be provided on site. Visitor and staff carparking, including all at grade car parking situated between Blocks 2 and 3 must be maintained in common property and be available to all units. Motorcycle/scooter parking spaces may be incorporated at a rate of 4 spaces equivalent to 1 car space.
Applicant’s Request

It is considered that point (b) (i) to (iii) of condition 5 is unreasonable, given the below: ‐
The additional imposition outlining 41 commercial spaces and locational restrictions within condition 5 is unreasonable, given the imposition is for an aspect which was previously omitted by Council.
The restrictive nature of the condition outlining specific location of car parking at this late stage, midconstruction is a significant variation on a minor change application, after pre‐sales of units which have already allocated car parking.
The restaurant has continuously been proposed as a licensed premise, with a reasonable expectation that the Parkridge Noosa residents and guests would use the Facilities Building. Council have previously approved all other Minor Change applications without conditioning the Commercial Premises car parking numbers.
We do not consider that there is a significant difference in how the Facilities Building will operate from previous Change Applications.
The requirement of restricting the car parking for the commercial facility to be located within proximity to Blocks 2 to 9 is considered unreasonable at this late stage. In relation to Blocks within the north‐eastern part of the site, internal pedestrian access is unable to be achieved due to the topography in this area. However, internal pedestrian access can be gained through Precinct E2 for the southern blocks i.e. 20, 21, 22 and Resort Drive for Blocks 14, 15, 16, 17 and 18. Majority of all blocks are within a 400m walking distance to the facilities building.
All car parking arrangements and usage of car parking will be the responsibility of the Body Corporate to manage and maintain. Visitor’s spaces on the site for the commercial component and residential component will be allocated to the Common Property and will be managed by the Principal Body Corporate. It is noted that car parking is well in excess of the minimum requirements and will achieve compliance with Condition 33, which states “Carparking shall be provided within the site generally as shown on the approved plans”. We note that the facilities building will be primarily used by residents, but may also include external visitors. Council have conditioned the commercial component with 5 staff spaces since circa 2015. The condition also specifies “Visitor and staff carparking, including all at grade car parking situated between Blocks 2 and 3 must be maintained in common property and be available to all units.”
Condition 33 outlines that car parking is required to be generally in accordance with the plan of development, and Council had not previously conditioned any restriction on the locational requirements for the commercial component.

The 5 staff car parking spaces have been allocated within an alternative location between Blocks 6 and 9. All 5 staff car parking spaces will be maintained on the site. However, these spaces may from time to time be relocated based on the uses evolving and/or fluidities of car parking arrangements, which will be monitored and managed by the body corporate. Please refer to TTM Consulting Traffic Engineering Assessment which has determined that a reduction to the Commercial car parking spaces is appropriate in the circumstances within Appendix C.
Assessment of Request
The carparking condition was altered under the previous minor change application, as the application sought a change to the internal layout of the Resort Facilities Building. The changes included a significant increase in gross floor area (GFA) of the restaurant, which included an increase of 26m2 (from 78m2 to 104m2) to the indoor dining area and an increase of 71m2 (from 114m2 to 185m2) to the outdoor dining area. The application also approved a change increasing the GFA of the gym by 48m2 and the convenience shop by 5m2, with a reduction to the office of 7m2, minor GFA changes to other approved uses, and the complete removal of a proposed ‘waiting and treatment room’.
It is also noted that over time, the applicant (through a series of minor change applications) has increased the number of units likely to be used for permanent accommodation, and reduced the number of units likely available for short term resort accommodation, which has implications for the car parking for the resort facilities.

Table 1: Change to Dwelling Layouts over various Change Applications
	One Bedroom	Two Bedrooms	Three Bedrooms
Original Approval	48	87	20
Current Approval	9	26	105
As the development was originally for a Resort, it was considered that a majority of guests would be arriving on the site in one vehicle. However, as the development has transitioned from short-term to predominantly permanent accommodation, Planning Officers have concerns regarding the potential for a higher demand for exclusive use carparks by unit owners, and as such, the potential for carparks within the common property being sold to individual unit owners for exclusive use, eroding the number of carparks available for visitors to the site. As a result, the condition was amended in the previous minor change approval to ensure a sufficient number of carparks remained available within the common property for patrons and staff of the Resort Facilities Building.
Under the current Noosa Plan the required carparking for the Resort Facilities Building is 40.1 (inclusive of staff parking requirements), as follows:
Table 2: Current Carparking Calculation
Use Rate	GFA	Spaces Required
Commercial Business Type 1 – Office at 1 space per 20m2	103m²	5.15
Entertainment & Dining Business  Type 1 – Food and Beverage at 1 space per 10m2	216m² (289m² minus 73m² for kitchen and food storage areas)	21.6
Entertainment & Dining Business  Type 2 – Recreation, Amusement and fitness at 1 space per 20m2	246m²	12.3
Retail Business – Type 2 – Shop at 1 space per 20m2	21m²	1.05
TOTAL		40.1
The draft New Noosa Plan requires a rate of 1 space per 20m2 for ‘food and drink outlets’, which is considered an acceptable rate to account for the reduced demand for carparking from patrons living and/or staying on site. Therefore, the recommended carparking calculation for the Resort Facilities Building (inclusive of staff parking requirements) is as follows:
Table 3: Proposed Carparking Calculation
Use Rate	GFA	Spaces Required
Commercial Business Type 1 – Office at 1 space per 20m2	103m²	5.15
Entertainment & Dining Business  Type 1 – Food and Beverage at 1 space per 20m2	216m² (289m² minus 73m² for kitchen and food storage area)	10.8
Entertainment & Dining Business  Type 2 – Recreation, Amusement and fitness at 1 space per 20m2	246m²	12.3
Retail Business – Type 2 – Shop at 1 space per 20m2	21m²	1.05
TOTAL		29.3
The current development is required to provide a total of 317 carparks (224 covered and 93 uncovered).
The proposed reduction in the carparking rate results in the development being required to provide a total of 306 carparks (224 covered and 82 uncovered).
The development currently proposes to provide 341 carparks (253 covered and 88 uncovered).
Therefore, the development proposes to provide more than the required number of carparks on site. Consequently, the development is able to meet the requirements of proposed Condition 33 in terms of the number of carparks provided on site.
In regards to the requirement for the carparks to be in proximity to the Resort Facilities Building, it is noted that the topography of the site results in the Resort Facilities Building being located at the lowest point of the site, with a steep incline from the centre of the site to the new road along the eastern property boundary. It is not considered appropriate for carparking for the Resort Facilities Building to be located along this new road (refer to Figure 4), as pedestrian access is not proposed and is difficult to achieve from the road to the Resort Facilities Building, and as such, staff and patrons would be required to walk along the eastern boundary and access the Resort Facilities Building via the southern portion of the development, requiring patrons to walk a distance of approximately 400m around the site.
It is noted that the Community Management Scheme for Parkridge currently identifies 81 carparks as Exclusive Use Ares for carparking within the common property, including 56 in proximity to the Resort Facilities Building (refer to Figure 5).
	
Figure 4: Inappropriate Carparking Location for the Resort Facilities Building in red re	Figure 5: Carparking in the Common Property in Proximity to the Resort Facilities Building
As 56 carparks within the common property are already located in proximity to the Resort Facilities Building, it is considered reasonable to condition that a minimum of 30 of these carparks remain available in perpetuity for the use of staff and patrons to the Resort Facilities Building.
Condition 83
Amended Condition – 18 October 2019
The development shall comply with the noise management strategies contained in the report prepared by David Moore & Associates and dated 20 November 2017, with the following additional details to be provided prior to issue of Operational Works to the reasonable satisfaction of Council: -
The necessary and appropriate noise control measures incorporated into the façade of the apartments and within the restaurant/café in the Resort Facilities Building. These measures shall include:
Upgraded glazing and air-conditioning to the potentially affected apartments;
Strategically placed wing walls on balconies to screen the apartment and balconies from outdoor dining areas;
Revised hours of operation to no later than midnight for the restaurant/café (indoor area only);
The outdoor dining areas associated with the restaurant/café use is to operate as follows:
between the hours of 6am and 10pm only for the roofed area attached to the Resort Facilities Building (marked as Area A on approved plan 5622_A02-01_W Facilities Building Level 1 – Floor Plan prepared by Blackburne Jackson Design);
between the hours of 6am and 8pm only for the paved area under the awning located to the east of the Resort Facilities Building (marked as Area B on approved plan 5622_A02-01_W Facilities Building Level 1 – Floor Plan prepared by Blackburne Jackson Design);
After 10pm, all patrons must be within the building confines with doors/windows closed, except for the ingress and egress of patrons and staff;
The underside of all roof elements over outdoor dining areas associated with the café use are to be lined with acoustic absorptive lining minimum NRC 0.7;
Installation of a roof over the awninged outdoor dining area should be explored, including appropriate acoustic absorptive lining minimum NRC 0.7;
Outdoor dining is confined to the 185m2 area indicated on the approved plans.
Within 20 business days of the commencement of trading of the restaurant/café use, Council must be provided with a Noise Management Plan which is specific to the use and prepared on the basis of physical and technical assessment of noise from the restaurant/café use, including both internal and external use areas.  The noise management plan must suitably detail physical and management noise control measures.
The applicant must advise prospective purchasers that a Noise Management Plan has been prepared to manage noise emissions related to the development.
The Noise Management Plan referred to in Condition 83(b) shall be incorporated in perpetuity in the By-Laws of the Body Corp for the building.
The Noise Management Plan shall include a process for dealing with complaints and specify that the Restaurant/Café Management and Body Corp Manager be responsible for dealing with any noise complaints.
Applicant’s Request

We request that the additional requirements imposed by Council within Condition 83 in the latest Change Approval (132005.1133.10) are removed and revert back to the previous condition outlined in 135005.1133.09, with a slight amendment to include the reference details of the latest Noise Management Plan.
The Noise Impact Assessment and Noise Management Plan have provided an assessment for the additional requested 1 hour period between 6am and 7am for the Restaurant/ Café.
The Noise Impact Assessment has undertaken a quantitative analysis and assessment of all potential noise sources generated from the Facilities Building and required Noise Control measures based on the land use operations.
The Noise Management Plan outlines the attenuation and management measures to be implemented to ensure the desired noise objectives are achieved for the hours of operations (6am to midnight) for the Restaurant / Café component of the Facilities Building.
It is considered that the development approval includes conditions which require the development to reasonably comply with the required Noise Management standards and benchmarks which the development was assessed against. Please refer to Appendix A assessment against applicable noise provisions and assessment benchmarks.
Please refer to the enclosed Noise Impact Assessment and Noise Management Plan prepared by David Moore & Associates within Appendix B.
Assessment of Request
Condition 83 was altered under the previous minor change application in response to a significant increase in size of the restaurant, from 192m2 to 289m2, which included an increase of 26m2 (from 78m2 to 104m2) to the indoor dining area and an increase of 71m2 (from 114m2 to 185m2) to the outdoor dining area. An updated noise report was provided with the previous minor change application to replace the noise report previously conditioned, which was prepared in 2006 for the original development and had not been updated to reflect changes made to the development through multiple change applications. The noise report was reviewed by an Acoustic expert, who recommended the following changes to Condition 83 to limit the operating hours for the outdoor dining component of the restaurant, due to the proximity of surrounding residential units:
Indoor dining to no later than midnight; and
Outdoor dining areas to between the hours of:
6am and 10pm for the roofed area (refer to Figure 6); and
6am and 8pm for the paved area under the awning (refer to Figure 7).

Figure 6: Outdoor dining roofed area

Figure 7: Outdoor dining paved area under the awning

Figure 8: Extract of approved plan 5622_A02-01_W Facilities Building Level 1 –
Floor Plan prepared by Blackburne Jackson Design As annotated by Council
This minor change application included the following documents for review and endorsement, which were forward to Council’s Environmental Health Co-ordinator for review:
Noise Management Plan prepared for Facilities Building, Parkridge, 75 Resort Drive, Noosa Heads (Report No: R19084/D3295/Rev.4/30.03.20)
Environmental Noise Level Impact Assessment of Facilities Building, Parkridge, 75 Resort Drive, Noosa Heads conducted for  Altum Constructions (Report No: R19083/D3422/Rev.3/30.03.20)
The applicant has requested the outdoor dining component of the restaurants hours of operation to be changed to 6am until midnight, as conditioned under the original approval for the site.
Due to the permanent nature of a majority of the dwellings on site, it is essential that appropriate noise levels are maintained at the Resort Facilities Building in order to reduce or eliminate any adverse impacts from noise on resident’s amenity.
The noise reports provided were reviewed by an acoustic expert, who has stated that the 6am to midnight hours of operation for the outdoor dining component of the restaurant should not be supported. The noise reports have not provided sufficient evidence to ensure noise impacts have been mitigated sufficiently to ensure no adverse impacts on residents after 10pm. In addition, no information has been provided on how noise levels and/or patron numbers would be managed to ensure compliance with the Noise Management Plan.
It is however recommended that the whole of the outdoor dining areas be permitted to operate from 6am until 10pm, as the ‘awning’ structure constructed over the northern portion of the outdoor dining area is a solid roof type structure, and will provide sufficient noise control to allow use until 10pm.
Given the residential nature of the surrounding development, noise impacts are likely to occur should the outdoor dining area operate after 10pm. As such, it is recommended the outdoor dining area condition be changed to allow the whole of the outdoor area to operate from 6am to 10pm only.
draft planning scheme
The site is zoned Tourist Accommodation under the draft New Noosa Plan. Short-term accommodation and Food and drink outlets are consistent, impact assessable uses, whilst Multiple dwellings (i.e. permanent accommodation) are impact inconsistent on the subject site. As per the above assessment, the carparking rate for Food and drink outlets under the draft scheme reduces the rate from 1 space per 10m2 to 1 space per 20m2. As such, this new rate has been utilised in the calculation for changes to Condition 33.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
MWA Environmental – Acoustics
Council Referrals
Environmental Health Co-ordinator
conclusion & reasons for decision
The application seeks a minor change to a Development Permit for a Material Change of Use for 140 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi- Function Room and Gym at 75 Resort Drive Noosa Heads. The application seeks minor changes to Conditions 2, 5, 33 and 83, in relation to carparking and noise management.
The changes to Condition 2 are partially supported, with changes to Unit 1401 supported, whilst changes to operating hours of the outdoor dining component of the Resort Facilities Building not being supported due to the potential impacts of noise on residents.
Condition 5 and Condition 33 are both in relation to carparking, and have been assessed together. Changes to Condition 33 are proposed to reflect the development in its current form, and recent changes to the size and layout of the Resort Facilities Building.
Sufficient justification and information on managing noise levels and/or patron numbers has not been provided with the application material to allow the outdoor dining area to operate until midnight. Condition 83 has been changed to allow the outdoor dining component of the restaurant to operate from 6am to 10pm only.
Conditions are proposed to be amended as per the above assessment and recommendations.
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
		X	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		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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general COMMITTEE MEETING REPORT	15 June 2020

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Condition 2

Request: It is requested that the annotated plan for the Facilities Building Level 1 — Floor Plan is deleted from the
approval package and the notation within the list of approved plans which states “As annotated by Council” is deleted
within Condition 2. It is noted that a clean copy of the Facilities Building Level 1 has already been included as an
approved plan of development within the Change Approval reference 132005.1133.10 and is therefore requested
that this approved plan is retained.

 

5622_A02-01.w | W Dec 2018

 

 

 

 

 

 

 


[Attachment: image10.png (image text)]
Appropriate Reso rt \
Facilities F
Facilities Building Building
\
3
7
yx.

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Condition 83

Request: It is requested that Condition 83 is updated to remove all additional aspects imposed by Council within the
latest Change Application approval (132005.1133.10) on the basis that an appropriate assessment has been
undertaken by David Moore & Associates including a Noise Impact Assessment and Noise Management Plan
(enclosed).

Amended Condition — 18 October 2019

83. The development shall comply with the noise management plan strategies contained in the report
prepared by David Moore & Associates and dated 18 November, 2019 20-Nowember2017, withthe
following additional_detaile-to_be_provided_p of Op |Werks to the reasonable
satisfaction of Council: -

 

83.1 The necessary and appropriate noise control measures incorporated into the facade of the apartments
and within the restaurant/café in the Resort Facilities Building. These measures shall include:


[Attachment: image12.png (image text)]
83.1.1 Upgraded glazing and air-conditioning to the potentially affected apartments;

83.1.2 Strategically placed wing walls on balconies to screen the apartment and balconies from outdoor
dining areas;

83.1.3 Installation of a roof over the outdoor dining area with absorption to the underside should be

explored
83.1.4 Revised hours of operation to no later than midnight fer-the restaurant/eafé tndeor area only
Theauidese sociated. with th Jeotévuseiste-op fellowes

 

between-the hours-of 6am_and 1Opm-only forthe roofed area attached tothe Resort

 

 

Facilities Building-tmarkedas_Mrea A ppreved_plan S622_A02 01 W Facilith

 

 

 

 

 

 

 

 

83.2 Formulate and implement a Noise Management Plan to deal with noise emissions from the premises
including patron noise.

83.3 The applicant must advise prospective purchasers that a noise management plan has been prepared to
manage noise emissions related to the development.

83.4 The Noise Management Plan referred to in Condition 83.2 shall be incorporated in perpetuity in the By-
Laws of the Body Corp for the building.

83.5 The Noise Management Plan shall include a process for dealing with complaints and specify that the
Restaurant Management and Body Corp Manager be responsible for dealing with any noise complaints.


[Attachment: image2.png (image text)]
On behalf of our client, Altum Constructions, we hereby seek that Council include the attached Block 14- Basement
Floor Plan, which includes nib walls for Unit 1401 media room, as an approved plan of development. We request
that Condition 2 be updated to ensure that it is consistent with the current Building Approval plan, as follows:

 

 

Plan No. Rev. | Plan/Document Name Date
somo 92 | Block 14~-Basement—Floor Plan prepared | 95.02.2030
7105 A02-01.L L by Blackburne Jackson Design 03-02-2020

 

 

 

 

 

 

It is understood that Council will appropriately condition that Unit 1401 media room cannot be enclosed by a door.


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iv. The outdoor dining areas associated with the restaurant/café use is to operate

as follows:

A

between the hours of 6am and 10pm only for the roofed area
attached to the Resort Facilities Building (marked as Area A on approved
plan 5622_A02-01_W Facilities Building Level 1 — Floor Plan prepared by
Blackbume Jackson Design);

between the hours of 6am and 8pm only for the paved area under
the awning located to the east of the Resort Facilities Building (marked as
‘Area B on approved plan 5622_A02-01_W Facilities Building Level 1 —
Floor Plan prepared by Blackburne Jackson Design);


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ED STEEL

 
 
 
  
 
  
 
 
 

(Area B -to
loperate between
ithe hours of 6am
land 8pm only

 

 

[Area A -to
loperate between
|the hours of 6am

 

 

 

 

 

 

 

 

 

 

 

land 10pm only r.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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Con
Request: It is requested that condition S is amended based on TTM’s Traffic Engineering Assessment, as follows:

5. Carparking shalll be provided within the site generally as shown on the approved plans. Carparking shall include
a minimum of:
a. For the Multiple Dwelling Unit component:
i, 224 covered spaces;
ii. 17 uncovered spaces; and

iii, 35 uncovered spaces to be located within the common property, designated as visitor parking
and accessible at all times.

b. For the Resort Facilities Building component:
i. 28.48 uncovered spaces are to be located within the common property and accessible at all times,
including 5 to be designated as staff parking.

 

 


[Attachment: image8.png (image text)]
 

Condition 33

Request: It is requested that condition 33 is amended based on TTM's Traffic Engineering Assessment and current
alternative staff parking location, as follows:

33. Carparking shall be provided within the site generally as shown on the approved plans. Carparking shalll include
304.285 carpark spaces with 242 224 of these to be covered carpark spaces, and include 10 clearly defined disabled
carpark spaces for the unit component of the development. Five carparking spaces for staff in addition to resident
and visitor spaces are to be provided on site. Visitor @ad-staff carparking, including all at grade car parking situated
between Blocks 2 and 3 must be maintained in common property and be available to all units. Motorcycle/scooter
parking spaces may be incorporated at a rate of 4 spaces equivalent to 1 car space.


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for the Resort
Facilities Building