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Cover Letter_17-12-2019_FINAL · 132005.1133.13

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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




17 December 2019
Job Ref: M2652/F

Noosa Council
By Email: <[email protected]>



Att: Patrick Murphy – Coordinator Planning
Re: Change Application (‘Minor Change’) – Development Approval for Material Change of Use – 140 Multiple
Dwelling Units and Associated Facilities – Shop, Restaurant, Multi‐Function Room and Gym over land at 75 Resort
Drive, Noosa Heads (Precinct F) and described as Lot 8000 on SP305566 and others (refer to a full list of all lot on
plan descriptions in section 2.3 below) (formerly Lots 6 & 7 on SP178340 and originally described as Lot 3 on
SP221524) ‐ Council Ref: 132005.1133.10




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 1 November 2011 by Negotiated Decision Notice (ref: 132005.1133 dated 5 November, 2011) and
most recently modified on 18 October, 2019 (ref: 132005.1133.10).

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 F of the Noosa Springs residential community. Master planning for the Noosa Springs locality
was undertaken in the 1990s, 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 south (Precinct E2 ‐
formerly Lot 6 on SP178340) form the eastern extremity of the Noosa Springs locality and were historically used for
sand quarrying purposes.

Precinct F is subject to an existing development approval for 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 18 October, 2019
(refer 132005.1133.10). Conditions of this approval include a sunset date of 15 December 2026, at which time the
uncompleted aspects of the approval lapse if the whole of the approval has not happened.




JFP Ref: M2652/F
Full text of the other 10 pages

Page 2

        There is a separate development approval over the adjacent Precinct E2 for a Multiple Dwelling (Type 4 Conventional
        – 29 Units) – Council Ref: MCU15/0109.01, with the most recent modification to this approval issued by Council on
        5 March, 2019 (refer MCU15/0109.03).

        Precinct F and E2 have been developed in an integrated matter to allow for internal road and pathway connections
        between the two sites. We note that Council has issued a Development Permit for Reconfiguration of a Lot (to
        facilitate the creation of up to 26 balance lots across both Precinct F and Precinct E2) which further reinforces the
        staged and integrated manner within which these development approvals will be delivered (Council Ref.
        REC17/0022).

        2.0         DESCRIPTION OF PROPOSED CHANGES

        We request amendments to Conditions 2, 5, 33 and 83.

        Condition 2

        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.

        Condition 5

        Council imposed an additional condition on the latest Change Application approval (reference no.
        132005.1133.10), as outlined below: ‐
        5.         Carparking shall 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.     41 uncovered spaces are to be located within the common property and accessible at all times,
                                including 5 to be designated as staff parking.
                         ii.    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.
                         iii.   All 41 spaces are to be fully constructed and available for use prior to the commencement of the
                                use of the Resort Facilities Building.
        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.



JFP Ref: M2652/F                                                                                                           Page 2

Page 3

                  The restrictive nature of the condition outlining specific location of car parking at this late stage, mid‐
                   construction 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.

        Condition 33
        Condition 33 of the Decision Notice is reproduced as follows:
        33.      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.
        Our client agrees to Condition 33 being updated to state 304 spaces, however, 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. Our client requires flexibility in how the car parking arrangements are allocated and the Body Corporate
        will monitor usage requirements over time.

        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.



JFP Ref: M2652/F                                                                                                     Page 3

Page 4

        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.

        Condition 83

        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.

        2.1        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 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       Facilities Building Level 1 – Floor Plan prepared by Blackburne Jackson   Dec 2018
                                      Design
                                      As annotated by Council




JFP Ref: M2652/F                                                                                                   Page 4

Page 5

        Condition 5
        Request: It is requested that condition 5 is amended based on TTM’s Traffic Engineering Assessment, as follows:

        5.         Carparking shall 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 41 uncovered spaces are to be located within the common property and accessible at all times,
                                    including 5 to be designated as staff parking.
                             ii.      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.
                             iii.     All 41 spaces are to be fully constructed and available for use prior to the commencement of the
                                      use of the Resort Facilities Building.

        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 shall include
        304 285 carpark spaces with 247 224 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 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.

        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 November 2017, with the
                        following additional details to be provided prior to issue of Operational Works to the reasonable
                        satisfaction of Council: ‐
                   83.1 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:




JFP Ref: M2652/F                                                                                                                 Page 5

Page 6

                        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 for the restaurant/café (indoor area only);
                         i.     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 Blackburne Jackson Design);
                                    B.   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);
                         ii.    After 10pm, all patrons must be within the building confines with doors/windows closed, except
                                for the ingress and egress of patrons and staff;
                         iii.   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;
                         iv.    Installation of a roof over the awninged outdoor dining area should be explored, including
                                appropriate acoustic absorptive lining minimum NRC 0.7;
                         v.     Outdoor dining is confined to the 185m2 area indicated on the approved plans.
                   b.    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.
                   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.

        2.3         Current Lot on Plan Descriptions
        The original Precinct F has now been amalgamated with Precinct E2 and Principal and Subsidiary Community Title
        Schemes have now been registered over the site. The original Precinct F (formerly Lot 7 on SP178340) is now made
        up of the following Lot on Plan descriptions:‐

                   Lot 8000 on SP305566 (Precinct F & E2) – Balance Lot
                   Common Property of Parkridge Noosa Principal Community Titles Scheme 52856 (Lot 0 on SP290680)
                   Common Property of Parkridge Villas Noosa Community Titles Scheme 52857 (Lot 0 on SP290691)



JFP Ref: M2652/F                                                                                                    Page 6

Page 7

                  Lots 701 to 704 on SP290691 (Precinct F) – Block 7
                  Lots 801 to 804 on SP290691 (Precinct F) – Block 8
                  Lots 901 to 904 on SP290691 (Precinct F) – Block 9
                  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
                  Common Property for Parkridge Green Noosa South Community Titles Scheme (Lot 0 on SP290696)
                  Lots 211 to 215 on SP290696 – (Precinct F) – Block 2
                  Lots 221 to 225 on SP290696 – (Precinct F) – Block 2
                  Lots 231 to 233 on SP290696 – (Precinct F) – Block 2
                  Common Property for Parkridge Residences Noosa North Community Titles Scheme (Lot 0 on SP290693)
                  Lots 311 to 314 on SP290693 – (Precinct F) – Block 3
                  Lots 321 to 324 on SP290693 – (Precinct F) – Block 3
                  Lots 331 to 333 on SP290693 – (Precinct F) – Block 3
                  Lots 411 to 413 on SP290698 – (Precinct F) – Block 4
                  Lots 421 to 423 on SP290698 – (Precinct F) – Block 4
                  Lots 431 to 433 on SP290698 – (Precinct F) – Block 4
                  Common Property for Parkridge Residences Noosa South Community Titles Scheme (Lot 0 on SP305569)
                  Lots 511 to 515 on SP305569 – (Precinct F) – Block 5
                  Lots 521 to 525 on SP305569 – (Precinct F) – Block 5
                  Lots 531 to 535 on SP305569 – (Precinct F) – Block 5

        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, it is recognised
        that 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/F                                                                                                  Page 7

Page 8

        With regard to the above, we can 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 1.1 dated 11 August
        2017) 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 are to conditions of approval only and therefore this change application
                   does not 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/F                                                                                                 Page 8

Page 9

             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/F                                                                                                  Page 9

Page 10

        4.0         CONCLUSION

        The proposed changes to Precinct F, 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 ‐ Assessment against applicable assessment provisions and benchmarks
                   Appendix B ‐ Noise Impact Assessment and Noise Management Plan prepared by David Moore & Associates
                   Appendix C – TTM Consulting’s Traffic Engineering Assessment (Car Parking) correspondence
        cc:         Altum Constructions




JFP Ref: M2652/F                                                                                                          Page 10

Page 11

APPENDICES




 JFP Ref: M2652/F   Page 11


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