Minor Change Report 51986.3023.02

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	51986.3023.02
Development Approval	Multiple dwelling (9 units) and 4 shops
Applicant	Body Corp - La Mer Noosa Cts7193
Request Received On	1 October 2020

PROPERTY DETAILS
Property Address	37 Hastings St Noosa Heads Qld 4567
RP Description	BUP 8083
Land Area	1345m² approx.
Existing Use of Land	9 x Multiple dwellings and 4 shops

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Local Plan
Zone	Tourist Accommodation – Hastings Street Mixed Use Precinct
Overlays	Land subject to Acid Sulfate Soils Overlay Flood Hazard Overlay
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks to change the existing development approval to refurbish the open space area of the complex. The works include replacing the existing pool with a larger rectangular shaped pool, a new outdoor shower and works within the boardwalk area and provide a level pathway into the development.
The northern boundary fence is proposed to be retained with a glass pool fence above. Gardens are to be retained near the building however a general reduction in the size of the gardens to the west and east of the pool are proposed.
Figures 1 -3 below show a locality plan and the proposal.

Figure 1 - Subject site identifies with a red perimeter

Figure 2 - Proposed layout

Figure 3 - Section through stairs and then to the beach

background
51986.3023 – a development approval for 9 multiple dwellings and 4 shops was approved on 20 January 1987. Minor changes to the development were approved on 17 February 1987
51986.3023.01 – a change to the existing approval for changes to lot 13’s roof terrace was approved on 17 April 2015.
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 Local Plan Code
Tourist Accommodation Zone Code
Visitor Accommodation Code
Dual Occupancy and Multiple Dwelling Code
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 works are landscaping in nature;
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
Condition 21 - landscaping
21. 	Landscaping shall be established and maintained in accordance with a landscaping plan approved by Council. Such plan shall be prepared in accordance with the provisions of the Noosa Design Manual.
Applicant’s Request
The applicant seeks to replace the existing kidney shaped pool and spa with a modern rectangular shaped pool and an integrated spa. Works also include removing some gardens to provide additional hard pavement for lounges and chairs.
Works within the parade are proposed to remove the existing stairs to provide a level pathway from the boardwalk to the development. This would result in the stairs within private land and the need to construct small retaining walls on each side of the pathway to match the existing rock walls.
Assessment of Request
The proposal generally complies with the requirements of the planning scheme as it is modernising the existing layout. However, the Dual Occupancy and Multiple Dwelling Code seeks that landscaping is provided to 40% of the site with 60% of that to be soft landscaping. The existing soft landscaping is unlikely to meet this provision but has been historically approved. The proposal further reduces the quantity of existing soft landscaping to the pool area by approximately 16m² and is considered insufficient to provide a softening of the pool area which is currently mostly hard pavement. Figures 4 and 5 below show the existing and proposed landscaping.

Figure 4 - gardens to be removed

Figure 5 - Replacement gardens
The applicant is proposing a 100ltr Acronychia imperforata to the north west corner to replace a coconut palm that was lawfully removed and a new pandanus to replace weed species along the western boundary. This is likely to replace the tall green element required by the Code retain a green back drop from the beach and some softening to the scale and bulk of the building. A green wall with a narrow garden helps to soften the eastern entry wall.
However, as a whole the proposal does not minimise the extent of impervious area and would add to the hard pavement as a heat sink. When the condition is amended to include larger garden beds, the proposal would comply with the Dual Occupancy and Multiple Dwelling Code and the Landscaping Code.
Accordingly, condition 21 is to be amended to increase the quantity of landscape gardens to a meaningful width to both sides of the pool.
Connection to Councils boardwalk: The submitted response provides sufficient detail to address any concerns and relevant conditions have been included. It is noted that due to the minor scale of works (approximately 1.5m² for each access point) it is considered that a subsequent operational works approval is not required.
Given the site’s location and the constrained work area, a condition for the submission of a construction management plan to Council prior to the issue of a building permit has been included in addition to a performance bond.
cONSULTATION
Referrals
The application was forwarded to the following internal Council specialists:
Engineering Officer
conclusion & reasons for decision
When condition 21 is amended to ensure additional gardens are provided around the pool, the proposal complies with the relevant codes and is recommended to be supported.
RECOMMENDATION
With regard to Application No. 51986.3023.02 51986.3023, to make a minor change to an existing approval for Multiple dwellings (9) and shops (4) situated at 37 Hastings St Noosa Heads Qld 4567  described as Lot  BUP 8083, Council on  decided to:
A.	Approve the change.
B.	Amend condition 21 to read as follows:
(Amended November 2020) Landscaping shall be established and maintained in accordance with Project Plan No. 2022009 Rev (B), titled Landscape Plan, Plant Schedule Specifications, prepared by John Hope Design and PSP 2 Landscaping. To minimise the extent of hard pavement, the approved landscape plan must include the following amendments:
The garden adjacent to the western entry stairs ( high side) must be a minimum of 0.75m wide for its full length proposed, including the portion along the northern boundary; and
The eastern garden starting from the pool extending to the stairs near the new shower must be a minimum of 0.75m wide and must include 1 feature tree that grows to a minimum height of 3m.
Vegetation in the garden outside the northern property boundary must be retained;
The amended plan must be submitted to Council prior to the issue of a building permit for the works.
C.	Include the following additional conditions:
November 2020
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
202009	(B)	Landscape Plan, Plant Schedule, Specifications, prepared by John Hope Design and as annotated by Council	N/D
WD 1.3	A	Ground Floor Plan – proposed, prepared by Sparks Architects	07.10.20
WD 1.4	A	Pool Floor Plan – existing + demolition, prepared by Sparks Architects	07.10.20
WD 1.5	A	Pool Floor Plan – proposed, prepared by Sparks Architects and as annotated by Council	07.10.20
WD 2.1	B	North Elevation, prepared by Sparks Architects	28.10.20
WD 2.2	A	East Elevation, prepared by Sparks Architects	07.10.20
WD 2.3	A	West Elevation, prepared by Sparks Architects	07.10.20
WD 3.3	A	Section C, prepared by Sparks Architects	07.10.20
WD 3.5	A	Section E, prepared by Sparks Architects	07.10.20
WD 3.6	A	Section F, prepared by Sparks Architects	07.10.20
WD 3.7	A	Section G, prepared by Sparks Architects	07.10.20
WD 8.4	A	Pool internal Elevation, prepared by Sparks Architects	07.10.20
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to pre-start meeting. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Works
All works must be undertaken outside of all school holidays.
The 2 pathways connections extending from the site at the eastern and western beach access points to the Council boardwalk must:
be constructed in accordance with the approved plan;
be constructed with a suitable slip resistant surface;
be constructed at the same level as the adjacent boardwalk and match smoothly with the boardwalk; and
the adjacent landscaped areas must be filled to the level of the pathway to eliminate any trip/fall hazard.
A Construction Management Plan must be submitted to and approved by Council prior to the issue of a Building Permit. The Construction Management Plan must address the following:
site access points for workers, deliveries and heavy machinery;
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction;
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased;
proposed fencing to the site during the construction phase of the development; and
provision for worker car parking and delivery/waste areas.
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures;
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager;
dispute resolution procedures; and
signage locations displaying the abovementioned details
details on the location of external fill/dump sites/sources, the haulage route, type of vehicle to be utilised during operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations must be fully repaired at the applicant’s expense.
Prior to any works (including demolition works) commencing a pre-start meeting is required.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The pre-start meeting must include the relevant parties for the following aspects of the works:
Demolition and building;
Civil engineering works;
Landscape works;
Erosion and sediment control works;
Other relevant parties.

D. Include an additional advisory note to read as follows:
3. 	A separate council permit is required for any works in the public space.
E.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016

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