Cover Letter_17-12-2019_FINAL · 132005.1133.13

                  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