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Cover Letter_rec 25-08-2021 · 132005.1133.15

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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




25 August 2021
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 SP305575, Lot 903 on SP300919 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: 132005.1133.13




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 23 June, 2020 (ref: 132005.1133.13).

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 23 June, 2020
(refer 132005.1133.13). 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 12 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

        The proposal involves enclosure of the restaurant area to improve acoustic outcomes and includes minor internal
        changes to fit‐out. As a result, we request amendments to Conditions 2 and 83 as well as consequential changes to
        condition 64 and Advisory Note 1, 2 & 11.

        Condition 2

        We request that condition 2 is updated to reflect the amended Architectural package for the Facilities Building which
        includes minor changes to enclose the existing Facilities Building. The changes include the enclosure of the existing
        roofed Outdoor Dining Area with sealed airlocked openings, making the existing dining area a dual operable space
        as both indoor / outdoor dining area for the restaurant component in accordance with the updated Noise
        Management Plan. The changes also include minor adjustments to the internal fit‐out of the use areas. The changes
        include:

                  Enclosure of the outdoor dining area (187m²), to enable its use as a dual operable dining space for both
                   indoor and outdoor dining in accordance with the Noise Management Plan (attached).
                  Relocation of the existing Convenience Store (Shop) to the previous Pizza Oven location and reduction of the
                   use area by 5m².
                  Relocation of the Pizza Oven to the current Convenience Store Area and the current Convenience Store GFA
                   has been reallocated to the Café / Restaurant use (21m²).
                  Multi‐Function Room will be used for cooking classes (no change in GFA – 71m²).
                  The changes result in a very minor addition to GFA (18m²). There is no change to the existing impervious
                   area.

        Please refer to Architectural Package within Appendix A.

        Condition 83

        Please see attached updated Noise Assessment Report and Noise Management Plan, which demonstrates that the
        minor changes to enclose the dining area comply with the necessary regulatory standards. The enclosure caters for
        sealed airlocked openings.




JFP Ref: M2652/F                                                                                                  Page 2

Page 3

        We request two minor amendments to condition 83 including: ‐
            Reference to the updated Noise Management Plan; and
            Point (vii) has been updated, given that the space is operable as an outdoor and indoor dining area in
               accordance with the Noise Management Plan.

        Please refer to the enclosed Noise Impact Assessment and Noise Management Plan prepared by David Moore &
        Associates within Appendix C.

        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 condition 2 Plans of Approval list is updated for the Facilities Building to reflect the
        minor changes to the plans and to include the latest Architectural Package (as enclosed in Appendix A) and remove
        the superseded Architectural Plans, as follows:

           Plan No.                  Rev.    Plan/Document Name                                        Date
           7038‐DA01                 21      Masterplan Noosa Springs Resort prepared by Blackburne    16‐08‐2019
                                     25      Jackson Design                                            22‐07‐21
           7038‐DA04                 34      Ground Floor prepared by Blackburne Jackson Design        27.06.2019
                                     37                                                                26‐07‐21
           7038‐DA05                 16      First Floor prepared by Blackburne Jackson Design         08‐10‐2018
                                     18                                                                26‐07‐21
           7038‐DA06                 14      Second Floor prepared by Blackburne Jackson Design        10‐08‐2018
                                     16                                                                26‐07‐21
           7038‐DA11                 10      Perspective sketches prepared by Blackburne Jackson       01‐07‐2019
                                             Design
           7038‐DA13                 08      Overall staging plan prepared by Blackburne Jackson       08‐10‐2018
                                             Design
           7038‐DA15                 10      Resort Facilities Floor Plan prepared by Blackburne       27‐06‐2019
                                             Jackson Design
           7038‐DA16                 09      Facilities Elevations prepared by Blackburne Jackson      27‐06‐2019
                                             Design
           5622_A02‐                 W       Facilities Building Level 1 – Floor Plan prepared by      Dec 2018
           01_W                              Blackburne Jackson Design
           5622_A02‐02_K             K       Facilities Building – Level 2 Roof Plan prepared by       Dec 2018
                                             Blackburne Jackson Design
           7088_AA05‐                03      Sections prepared by Blackburne Jackson Design            29‐05‐17
           20_03
           7088_AO17_02              04      Quarry Café Views prepared by Blackburne Jackson          14.01.2019
                                             Design
           5737_DA‐02‐01             06      Level 1 Floor Plan prepared by Blackburne Jackson         05‐08‐21
                                             Design
           5737_DA‐02‐02             04      Upper Level 1 Floor Plan prepared by Blackburne Jackson   22‐07‐21
                                             Design
           5737_DA‐02‐03             01      Roof Plan prepared by Blackburne Jackson Design           22‐07‐21
           5737_DA‐04‐01             04      Elevations prepared by Blackburne Jackson Design          22‐07‐21




JFP Ref: M2652/F                                                                                                  Page 3

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           5737_DA‐05‐01                   01           Sections prepared by Blackburne Jackson Design             22‐07‐21
           5737_DA‐17‐01                   05           Perspective Views prepared by Blackburne Jackson           05‐08‐21
                                                        Design
        Please note that we have also included a copy of the window schedule and structural detailed plans for Council’s
        information only within Appendix A.

        Condition 64
        Request: The total headworks contribution amount for CTS 400 will require updating to reflect the changes to the
        breakdowns of the land use categories. Our calculations below are based upon CPI up to March 2019, as headwork
        contributions have been paid for the existing Facilities Building, CPI should only apply to the additional charge. The
        wording or figures requiring amendment have been highlighted below:‐
        64.        Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading
                   various infrastructure at the rates applicable at the time of payment. An estimate only of the amended
                   contribution amounts relating to this “Change to an Existing Approval” dated 18 October 2019 under the
                   Council policies and requirements applied on the original approval is outlined in the table below:
                                            PSP12 –
                                          Public Open
                                             Space
                                         Contributions          PSP16 –       PSP17 – Water      PSP20 –         TOTAL
                    Contribution         (Not applicable in    Sewerage          Supply       Pathway Trunk    Contribution
                    Required For:         accordance with      Headworks       Headworks         Network       Amount per
                                           Council letter     Contributions   Contributions    Contributions
                                         dated 24 January
                                                                                                                  Stage
                                         1996 and Council
                                            Decision of 1
                                          November 2007)

                    Stage CTS 100               $0              $49,553         $166,655         $26,419         $242,627
                    Stage CTS 200               $0              $17,719         $59,082          $9,127          $85,928
                    Stage CTS 300               $0              $33,036         $111,475         $17,613         $162,124
                    Stage CTS 400                               $8,145          $21,851          $4,151         $34,147
                                                $0
                    Resort Facilities                           $8,864          $24,198          $3,539         $36,601
                    Stage CTS 500               $0              $39,943         $132,655         $20,468         $193,066
                    Stage CTS 600               $0              $18,069         $59,825          $9,153          $87,047
                    Stage CTS 700               $0              $19,371         $64,655          $10,007         $94,033
                    Stage CTS 800               $0              $22,994         $76,427          $12,097         $111,518
                    Stage CTS 900               $0              $14,866         $50,164          $7,926          $72,956
                    TOTAL
                                                               $223,696        $742,789        $116,961        $1,083,446
                    Contribution                $0
                    Amount =                                   $224,415        $745,136        $116,349        $1,085,900

                    Please note that these amounts are all subject to variations in the Consumer Price Index, All Groups
                    Brisbane from March 2019 until the date of payment.

                   All contributions must be paid prior to commencement of the use.
                   Water Supply and Sewerage contributions are payable directly to Unitywater

        Condition 83
        Request: The roofed area of the Outdoor Dining Area of the Café/Restaurant component of the Facilities Building is
        proposed to be fully enclosed but will operate as both indoor and outdoor dining in accordance with the updated


JFP Ref: M2652/F                                                                                                              Page 4

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        Noise Management Plan. It is requested that Condition 83 is updated to include reference to the latest Noise
        Management Plan and change the wording of point (vii) as outlined below.
        Amended Condition – 18 October 2019

        83. The development shall comply with the Noise Management Plan (Report No: R19084/D3295/Rev.4/30.03.20)
        R21055/D3295/Rev.0/25.08.21) prepared by David Moore & Associates and dated 30 March 2020 25 August 2021
        to the reasonable satisfaction of Council, including:
                 a. 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:
                         i. Upgraded glazing and air‐conditioning to the potentially affected apartments;
                         ii. Strategically placed wing walls on balconies to screen the apartment and balconies from outdoor
                         dining areas;
                         iii. Revised hours of operation to no later than midnight for the restaurant/café (indoor area only);
                         iv. The outdoor dining areas associated with the restaurant/café use is to operate between the
                         hours of 6am and 10pm only;
                         v. After 10pm, all patrons must be within the building confines with doors/windows closed, except
                         for the ingress and egress of patrons and staff;
                         vi. 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;
                         vii. Outdoor dining is confined to the 185m² 187m² roofed area (i.e. when all windows/doors are
                         open) as shown on the approved plans.
                         viii. 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:
                                    1. 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.
                                    ix. 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.
                 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.
                 c. The applicant must advise prospective purchasers that a Noise Management Plan has been prepared to
                 manage noise emissions related to the development.
                 d. 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 whole development.
                 e. 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.

        Advisory Note 1
        Please update Advisory Note 1 to reflect the revised breakdown of use categories for the Resort Facilities building as
        highlighted and outlined below:‐




JFP Ref: M2652/F                                                                                                 Page 5

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                   1.      The applicant is advised that this “Change to an Existing Approval” dated 18 October 2019 will result
                           in amendments to the development contributions and infrastructure charges for the amended
                           development based on the following Uses Class/Uses and applicable quantities:

                                                Existing Development                                   Approved Development
                    Stage No.            Existing Use
                                                          Existing Quantity            Approved Use Class / Use           Approved Quantity
                                         Class / Use

                                                        1 Lot & Dwelling
                                         Detached                                 Multiple Housing – Type 4 –
         Stage CTS 100                                  (paid under 22980DA Lot                                         31 x 3+ bedroom units
                                         House                                    Conventional
                                                        Reconfiguration)

                                                                                  Multiple Housing – Type 4 –           6 x 2 bedroom units
         Stage CTS 200                       N/a                 N/a
                                                                                  Conventional                          6 x 3+ bedroom units

                                                                                  Multiple Housing – Type 4 –
         Stage CTS 300                       N/a                 N/a                                                    20 x 3+ bedroom units
                                                                                  Conventional

                                                                                  Commercial Business – Type 1 –
                                                                                  Office
                                                                                  (Reception 14 m2
                                                                                                                        103 m2
                                                                                  Back of house 8 m2
                                                                                  Multipurpose room 1 = 71 m2
                                                                                  Refuse room 10 m2)
                                                                                                                        289 m2 312m²
                                                                                  Entertainment & Dining Business –
                                                                                                                        (indoor Café 104 m2 125m²
         Stage CTS 400                                                            Type 1 – Food & Beverage
                                             N/a                 N/a                                                    +
                                                                                  (Café 104 m2 125m²
         (Resort Facilities)                                                                                            Outdoor Indoor Dining 185
                                                                                  Outdoor Indoor Dining 185 m2 187m²)
                                                                                                                        m2 187m²)
                                                                                  Entertainment & Dinning Business
                                                                                  – Type 2 – Recreation, amusement      246 m2
                                                                                  and fitness (Resort facility)         (Non‐court area = 38 m2 &
                                                                                  (Amenities 38 m2                      Court area = 208m2)
                                                                                  Gymnasium 208 m2)
                                                                                  Retail Business – Type 2 – Shop
                                                                                                                        21 m2 16m²
                                                                                  (Convenience 21 m2 16m²)

                                                                                                                        7 x 1 bedroom units
                                                                                  Multiple Housing – Type 4 –
         Stage CTS 500                       N/a                 N/a                                                    5 x 2 bedroom units
                                                                                  Conventional
                                                                                                                        16 x 3+ bedroom units

                                                                                                                        2 x 1 bedroom units
                                                                                  Multiple Housing – Type 4 –
         Stage CTS 600                       N/a                 N/a                                                    6 x 2 bedroom units
                                                                                  Conventional
                                                                                                                        5 x 3+ bedroom units

                                                                                  Multiple Housing – Type 4 –           6 x 2 bedroom units
         Stage CTS 700                       N/a                 N/a
                                                                                  Conventional                          7 x 3+ bedroom units

                                                                                                                        2 x 2 bedroom units
                                                                                  Multiple Housing – Type 4 –
                                                                                  Conventional                          12 x 3+ bedroom units
         Stage CTS 800                       N/a                 N/a
                                                                                  Commercial Business – Type 1 –        67 m2
                                                                                  Office (Staff Tea Room)




JFP Ref: M2652/F                                                                                                                  Page 6

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                                                                             Multiple Housing – Type 4 –
         Stage CTS 900                         N/a              N/a                                           9 x 3+ bedroom units
                                                                             Conventional




        Advisory Note 2 & 11
        Advisory Notes 2 & 11 need to be updated to reflect the changes to land use category and GFA allocations. Our
        calculations below are based upon CPI up to March 2021, as headwork contributions have been paid for the existing
        Facilities Building, CPI should only apply to the additional charge.
        Our calculations to March 2021 are as follows:
             (a) Coastal Major Road Network
                           Previous Coastal Major Road Network March 2019 ‐ $266,855.00
                           Enclosure and internal changes to use breakdowns to March 2019 ‐ $276,585.00 for CTS400
                           An additional $9,730.00 plus CPI for the changes to the breakdowns of land uses within CTS400
                           $597,563.00 plus $9,730.00
                           Total to March 2019 ‐ $607,293.00
             (b) Transport and Stormwater Infrastructure
                           Previous Transport and Stormwater Infrastructure Charges for CTS400 to March 2019 ‐ $25,058.00.
                           An additional $103.41 applicable based upon the changes to the breakdowns of land uses within CTS400
                            to March 2021.
        Please update advisory note 2 with date of the Change to an Existing Approval and estimated amount as highlighted
        below:
                   2.       The applicant is informed that approval of this development application will trigger an Infrastructure
                            Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan. An
                            Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act
                            1997.
                            This “Change to an Existing Approval” dated 18 October 2019 will trigger amendments to be made to
                            the “Infrastructure Charge Notice” previously issued. An amended Infrastructure Charge Notice will be
                            issued for the estimated amount totalling $597,563.00 (payable in accordance with completion of each
                            Stage) and subject to variations in the Consumer Price Index, All Groups Brisbane from March 2019 until
                            the date of payment.
        Please update advisory note 11 with date of the Change to an Existing Approval and estimated amount as highlighted
        below:
                   11. Additional ADVISORY NOTE ‐ 10 September 2015, amended 10 March 2016, amended 15 December 2016,
                   amended 21 September 2017, amended 18 January 2018, amended 28 November 2018, amended 14 May
                   2019 and amended 18 October 2019 and new date to be included
                   11.      This Development Permit for a “Change to Existing Approval for an Extension to Relevant Period” will
                            trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution”
                            made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning
                            Regulatory Provision (adopted charges).
                            This Infrastructure Charge relates only to the Public Transport and Stormwater networks previously
                            missing from the earlier approval.



JFP Ref: M2652/F                                                                                                       Page 7

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                       This “Change to an Existing Approval” dated 18 October 2019 will trigger amendments to be made to
                       the “Infrastructure Charge Notice” previously issued. An amended Infrastructure Charge Notice will be
                       issued for the estimated amount totalling $280,139.00 (payable in accordance with completion of each
                       Stage) and subject to automatic indexation from the Planning Regulation 2018‐2019 Financial Year
                       until the date of payment.

        2.3        Current Lot on Plan Descriptions
        The original Precinct F has now been amalgamated with Precinct E2 (formerly Lot 6 on SP178340) 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 SP305575 & Lot 903 on SP300919 (Precinct F & E2) – Balance Lots
                  Common Property of Parkridge Noosa Principal Community Titles Scheme 52856 (Lot 0 on SP290680) –
                   CMS52856
                  Common Property of Parkridge Villas Noosa Community Titles Scheme 52857 (Lot 0 on SP290691) –
                   CMS52857
                  Lots 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) –
                   CMS53086
                  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) –
                   CMS53137
                  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 SP290697) –
                   CMS53287
                  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
                  Lots 611 to 615 on SP290702 – (Precinct F) – Block 6
                  Lots 621 to 625 on SP290702 – (Precinct F) – Block 6
                  Lots 631 to 633 on SP290702 – (Precinct F) – Block 6




JFP Ref: M2652/F                                                                                               Page 8

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                  Common Property for Parkridge Residences Noosa North Community Titles Scheme (Lot 0 on SP300918) –
                   CMS53554
                  Lots 1401 to 1402 on SP300918 ‐ (Precinct F) – Block 14
                  Lots 1411 to 1417 on SP300918 ‐ (Precinct F) – Block 14
                  Lots 1421 to 1425 on SP300918 ‐ (Precinct F) – Block 14
                  Common Property for Parkridge Terrace Noosa Community Title Scheme (Lot 0 on SP290704) – CMS53605
                  Lot 1511 to 1514 on SP290690 – (Precinct F) – Block 15
                  Lot 1521 to 1524 on SP290690 – (Precinct F) – Block 15
                  Lot 1531 to 1533 on SP290690 – (Precinct F) – Block 15
                  Lot 1611 to 1614 on SP290694 – (Precinct F) – Block 16
                  Lot 1621 to 1624 on SP290694 – (Precinct F) – Block 16
                  Lot 1631 to 1633 on SP290694 – (Precinct F) – Block 16
                  Lot 1711 to 1713 on SP290704 – (Precinct F) – Block 17
                  Lot 1721 to 1723 on SP290704 – (Precinct F) – Block 17
                  Lot 1731 to 1733 on SP290704 – (Precinct F) – Block 17
                  Common Property for Parkridge Social Club Noosa Community Title Scheme (Lot 0 on SP290703) –
                   CMS54176
                  Lots 101 to 105 on SP290703 – (Precinct F) – Facilities Building
                  Lot 1901 to Lot 1902 on SP300919 – (Precinct F) – Block 19
                  Common property for Parkridge Terrace Homes Noosa Community Title Scheme (Lot 0 on SP300919) –
                   CMS54629

        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 9

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        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 1.3 dated 11
        September 2020) provides guidance on determining if a proposed change to a development approval results in a
        substantially different development.

        Although it depends on the individual circumstances of the development, the Development Assessment Rules
        provides a list of changes that may result in substantially different development. These criteria are provided below,
        along with an assessment of how the proposal meets each requirement.

             1. The proposed changes do not involve a new use.

                   Comment: There are no new uses proposed that would create different or additional impacts.

             2. The proposed changes do not result in the application applying to a new parcel of land.

                   Comment: The proposed minor change applies to the same parcel of land as the current development
                   approval.

             3. The proposed changes do not dramatically change the built form in terms of scale, bulk and appearance.

                   Comment: The proposed changes do not dramatically change the built form, as the proposed GFA had been
                   included within the GFA calculations originally and is only for enclosure of an existing building. The proposed
                   enclosure does not dramatically change the built form in terms of scale, bulk and appearance.

             4. The proposed changes do not change the ability of the proposal to operate as intended.

                   Comment: The proposed changes will not affect the ability of the proposal to operate as intended i.e. as
                   an integrated residential community.



JFP Ref: M2652/F                                                                                                    Page 10

Page 11

             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 11

Page 12

        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 – Minor Changes to Architectural Package for the Facilities Building prepared by Blackburne Jackson
                   Appendix B ‐ Assessment against applicable assessment provisions and benchmarks
                   Appendix C ‐ Noise Impact Assessment and Noise Management Plan prepared by David Moore & Associates

        cc:         Altum Constructions




JFP Ref: M2652/F                                                                                                                     Page 12

Page 13

        APPENDICES




JFP Ref: M2652/F     Page 13


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JFP Ref: M2652/F nage 1s

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