132004.5744.04 - Delegated Report

DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

Application No:	132004.5744.04
	
Author:	Wilhelm Koschade
	
Project Director:	Wilhelm Koschade - Development Planner
	

APPLICATION DETAILS
Application Number:	132004.5744.04
Applicant:	Geelong Grove Retirement Village Pty Ltd
Request Received Date:	14/01/2016
Original Approval Date:	15/12/2005 (Negotiated Decision Notice)
Number of Submissions for Original Application:	Nil

PROPERTY DETAILS
Property Address:	35 Walter Hay Dr NOOSAVILLE  QLD  4566
RP Description:	Lot 2 SP162077
Land Area:	6.707ha
Existing Use of Land:	Retirement Village

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Locality:	Noosaville Locality Semi Attached Housing Zone & Open Space Conservation Zone
Planning Zone:	
Assessment Type:	Change to Approval

PROPOSAL:
The application seeks approval for a change to the development approval to amend the number of proposed villa types and ancillary uses with the inclusion of a manager’s residence. In Summary, the proposal seeks to:

Incorporate a managers residence with a Gross Floor Area (GFA) of 120m2;
Reduce the total number of proposed villas by four and alter proposed villa types (Refer to Table 1);
Delete the maintenance and gardeners sheds; and
Reduce the GFA of the proposed hobby centre.

These amendments will result in a combined site cover of 20,945m2 and a GFA of 19,575m2, both less than originally approved. The combined proposal will result in a population density of 390.9 persons being marginally higher than the approved density by .3 persons.
Table 1 – Proposed Villa Amendments

BACKGROUND:

A Development Permit for a Retirement Community (169 Dwelling/Accommodation Units & Ancillary Facilities) was issued on 15 December 2005. At the time the original application was publicly notified and no submissions were lodged with Council.

The following historical approvals apply to the subject site:-

2004/5744 – Material Change of Use – Retirement Village (169 Dwelling/Accommodation Units & ancillary facilities
Decision Notice dated 22/09/2005
Negotiated Decision Notice dated 15/12/2005
Minor Change to condition regarding relevant period dated 8/9/2009

2005/698 – Operational Works – Landscaping - 17/11/2006

2006/1015 – Operational Works – Civil Works - 14/12/2006

2007/2431 – Operational Works – Landscaping - 23/01/2008

STATUTORY PROCESS:

The applicant has requested to make a change to a development approval under s369 of the Sustainable Planning Act 2009.  A request to change a development approval under s369 can only be made in circumstances where that change would constitute a ‘permissible change’.

The proposed change to the development approval requested by the applicant is determined to constitute a permissible change on grounds that:
The change would not result in a substantially different development;
The change would not require the application to be referred to additional concurrence agencies;
The original application was impact assessable and the proposed changes would not likely cause a person to make a properly made submission because the proposal will not change the layout of the development or significantly increase its density.
The change would not cause the approval to involve prohibited development.

On this basis, the applicant has followed lawful process in making a request under s369 of the Act.

ASSESSMENT:

In accordance with section 374 of SPA 2009, the assessment must have regard to the original scheme and policies in place when the application was made, but may give weight to the current scheme and policies.

The site is included in the Noosaville Locality within the Semi Attached Housing Zone (5.8Ha) and the Open Space Conservation Zone (0.9Ha). The pertinent issue/s relating to the permissible change is discussed below:

The superseded Strategic Plan being the applicable instrument at the time of the original development application and assessment included the site wholly within the Detached House Zone. Being within the Detached House Zone, the provisions of the Strategic Plan allowed for a maximum population density of 670 persons. The site was developed with a density of 390.6 and the proposed changes result in a density of 390.9 persons on the site.

The Noosa Plan seeks a maximum density of 100 persons per hectare population density within the Semi Attached Housing zone, resulting in a maximum density of 580 persons for the site. The proposed density of 390.9 persons is well below the allowable density under the provisions of The Noosa Plan.

The proposed changes meet all of the site cover, setback and gross floor area provisions of the code and the existing conditions.

RECOMMENDATION

APPROVE the request to change a development approval, Application No. 132004.5744.04, situated at 35 Walter Hay Dr NOOSAVILLE  QLD  4566 , in accordance with the following details for the Decision Notice.

In relation to the request to make a change to the existing approval, Council decided to:

A.	Amend condition 1 and the list of Approved Plans to read:

1.1	Revised Site Plan, prepared by Greg Gibbs 1519 WD01, December 2015
1.2	Road Network & Parking 0379 SK04C dated October 2004,
1.3	Drainage Design 0379 SK 05B dated October 2004,
1.4	Serviced Apartment Building Level 1 Plan 0379 SK SAB-01 dated November 2004,
1.5	Serviced Apartment Building Level 2 Plan 0379 SK SAB-02A dated November 2004,
1.6	Serviced Apartment Building Elevations 0379 SK SAB-03A dated November 2004,
1.7	Apartment Building Level 1 Plan 0379 SK AB-03 dated November 2004,
1.8	Apartment Building Level 2 Plan 0379 SK AB-04 dated November 2004,
1.9	Apartment Building Elevations 0379 SK AB-06 dated November 2004,
1.10	Community Centre Floor Plan 0379 SK CC-1A dated November 2004,
1.11	Community Centre Elevations 0379 SK CC-2A dated November 2004,
1.12	Type A Villa 0379 Villa A Issue A dated November 2004,
1.13	Type B Villa 0379 Villa B Issue A dated November 2004,
1.14	Type C Villa 0379 Villa C Issue A dated November 2004,
1.15	Type D Villa 0379 Villa D Issue A dated November 2004, and
1.16	Type E Villa 0379 Villa E Issue A dated November 2004;prepared Greg Gibbs Architects;
1.17	Landscape Concept Plan - LA 01 Sheet 01 of 01 Issue B dated June 2001; and
1.18	Landscape Concept Plan -Entry LA 01 Sheet 01 of 01 Issue B dated June 2005, prepared by Land Graphics;
1.19	The Singleton Floor Plan, prepared by Greg Gibbs 1514 WD02, December 2015
1.20	The Singleton Elevations, prepared by Greg Gibbs 1514 WD04, December 2015
1.21	The Singleton Site Plan + Finishes, prepared by Greg Gibbs 1514 WD01, December 2015

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FM1517s/4-22/06/2013

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NOOSA DOMAIN VILLAGE
PROPOSED
POPN SITE COVER |GFA/TUA
persons |s.m. sm
VILLAS
APARTMENTS

  
  
 

POPN SITE COVER |GFA/TUA
persons |s.m. sm

259.2 15,652 11,841
131.4 3,570 6,450

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