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Minor Change Report 132001 210127 4 · 132001.210127.4
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Senior Development Planner, Tara Norley
Development Assessment
APPLICATION DETAILS
Application No. 132001.210127.4
Development Approval Development Permit for Stage 3 – Aged Persons Home (20
Beds)
Applicant Ozcare
Request Received On 29 July 2024
Report Reviewed By Nadine Gorton 13.11.2024
Decision Due Date
PROPERTY DETAILS
Property Address 100 Cooyar Street, Noosa Heads
RP Description Lot 9 RP 225312
Land Area 25,000m²
Existing Use of Land Residential care facility (Ozcare Noosa Heads)
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Community Facilities
Precinct Not applicable
Local Area Plan Noosa Heads
Overlays Acid Sulfate Soils
• Above 5m AHD to 20m AHD
Biodiversity, Waterways and Wetlands
• Area of Biodiversity Significance
• MSES Environmental Values
• Riparian Buffer Area
Bushfire Hazard Area
• High Potential Bushfire Intensity
• Medium Potential Bushfire Intensity
• Potential Impact Buffer
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Landslide Hazard Area
Moderate Hazard Area
Assessment Type Minor Change to Development Approval
1. PROPOSAL
The applicant seeks approval to change an existing development approval for an Aged Persons
Home operated by Ozcare at 100 Cooyar Street, Noosa Heads. The proposed changes include:
• Refuse area now included in service area adjacent to kitchen.
• Reduction of built form along the eastern boundary.
• Extension of the driveway.
• Additional 8 car spaces including 2 disabled parking spaces.
• Reconfiguration of the internal communal and administration areas.
• Inclusion of Pump House and Water Tanks.
• Inclusion of new electrical Mechanical Services Switchboards (MSSB) and Generator
House.
The locality and proposal plans are included below.
Figure 1: Locality
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Figure 2: Subject Site
Figure 3 – Proposed Site Layout
Figure 4 – Banksia Elevations
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2. BACKGROUND
• A rezoning application (51995.1551) to change the zoning of the subject site from Special
Facilities (Retirement Community / Multiple Dwelling) to Special Facilities (Aged Persons
Home, Retirement Community, Respite Centre, Hydrotherapy Pool and Ancillary facilities in
accordance with the Plan of Development) was approved on 2 February 1996. The first stage
of development comprised the construction of three separate buildings linked together by a
series of walkways.
• A subsequent application (51996.192332 – 3B-449) for Permitted Development Subject to
Conditions for an Aged Persons Home and ancillary facilities was approved subject to
conditions on 27 March 1996. A concurrent application (51996.1913 – TPC2905) for an
Additional Caretaker’s Unit was approved subject to conditions on 13 March 1996. Stage 2 of
the development included the construction of two residential wings and the alteration to an
existing wing.
• A Development Permit (132001.210127) was issued on 9 August 2001 for a Material Change
of Use - Stage 3 – Aged Persons Home. Stage 3 included an additional 20 bed extension
extending on from stage 2, along the site’s southern boundary.
• A Minor Change approval (132001.210127.2 – 21675DA) was approved on 7 December 2005
approving an additional 20 beds in the low care facility component and an additional 8 high
care beds. As part of the additions, car parking was also required to be relocated, with a total
of 53 parking spaces to be provided on site. It is noted that the current Minor Change
application seeks to change this approval.
• A Minor Change approval (132001.210127.3 – 21675DA) was approved on 20 December
2023. The approval included alterations and additions to the existing residential care facility,
including the removal of all 24 shared rooms, to be replaced with 48 single occupancy rooms.
The minor change application was required to be decided by Council due to the requirement
for an Infrastructure Agreement regarding works required to be carried out on Council land for
the purposes of stormwater works, access and bushfire mitigation measures.
3. ASSESSMENT
3.1. 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; and
• The Noosa Plan 2020.
3.2. 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 changes do
not involve a new use or introduce new impacts or increase the severity of known impacts;
• 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.
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3.3. Statutory Instruments – Planning Scheme
The assessment of the application must consider the planning scheme (Schedule to the Planning
Scheme 1990 & Strategic Plan 1997) in effect when the original development was lodged but may
give weight where Council considers appropriate in the circumstances to the Noosa Plan 2020.
The original development approval included Plan of Development No. 36 over the site that formed
part of the development approval and regulated the type or forms of development on the site.
Noosa Plan 2020 has ‘rolled in’ the provisions of most existing Plans of Development into the
current scheme provisions, including PoD No. 36 relating to the subject site. Accordingly,
requirements under the existing approval have been accurately reflected in the current scheme
provisions, where required.
Condition 15 & 46
15. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are numbered SK-06, 07 issue
B SK-8 & 9 Issue A dated 26/01/2000, SD1 (titled ‘Site Plan’), SD2, SD3, dated July
2005, SD4 dated May 2005 and DA-1 dated September 2005, unless otherwise
superseded by Condition 46 of this approval.
46. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the table below and in conjunction with Condition 15
of this approval.
Plan No. Rev. Plan/Document Name Date
1907NOO_ J Proposed Site Plan, prepared by Enrich 19/06/2023
Architecture
PD_A_002.0
1907NOO_ F Proposed Overall Ground Floor Plan, prepared by 19/06/2023
Enrich Architecture
PD_A_003.1
1907NOO_ F Proposed Ground Floor Plan, prepared by Enrich 19/06/2023
Architecture
PD_A_011
1907NOO_ F Proposed First Floor Plan, prepared by Enrich 19/06/2023
Architecture
PD_A_012
1907NOO_ A Proposed Acacia Wing Refurb., prepared by 19/06/2023
Enrich Architecture
PD_A_014
1907NOO_ F Site Sections and Elevations, prepared by Enrich 19/06/2023
Architecture
PD_A_250
1907NOO_ E Banksia Wing Elevations, prepared by Enrich 19/06/2023
Architecture
PD_A_310
1907NOO_ E Administration & Communal Area Elevations, 19/06/2023
prepared by Enrich Architecture
PD_A_311
1907NOO_ G Tree Removal Plan, prepared by Enrich 19/06/2023
Architecture
PD_A_001.2
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01737 LC_01 B Landscape Site Plan, prepared by View March 2023
Landscape Architecture
01737 LC_02 B Landscape Concept Plan, prepared by View March 2023
Landscape Architecture
01737 LC_03 B Landscape Detailed Concept Plan, prepared by March 2023
View Landscape Architecture
01737 LC_04 B Suggested Planting Character, prepared by View March 2023
Landscape Architecture
Applicant’s Request
The applicant requests condition 15 be amended to read as follows:
The applicant requests condition 46 be changed to reflect updated plans and the changes
proposed as part of this application.
Assessment of Request
The proposed changes are generally consistent the overarching scale and intent of the existing
Ozcare Noosa Heads Aged Care Facility approval, and do not alter the approved building height,
site cover or total number of persons to be accommodated on site. The proposed extension to the
driveway and additional parking spaces are acceptable, being internal to the site.
It is noted that the proposed changes include a new fire pump house and water tanks located a
minimum of 4.65m from the front boundary, in lieu of the 6m setback required under AO19.1 of the
Community Facilities Zone Code.
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This infrastructure is considered critical and is located along the internal road frontage, allowing
the pump to not be required to be located on the Cooyar Street front boundary. Although vegetation
is required to be removed to accommodate this infrastructure (refer to below commentary relating
to Conditions 65 and 69), the 4.65m setback still allows for vegetation to be retained between the
structures and Cooyar Street, noting that the area in red below is identified on the plans as not
requiring clearing to facilitate the location of the new infrastructure.This area will be required to be
rehabilitated and enhanced with additional vegetation through subsequent Operational Works.
It is also noted that the vegetation to be removed is not located within the mapped Biodiversity,
Waterways and Wetlands Overlay and as such does not significantly impact upon ecology values
on the site. The applicant has stated that ‘to offset this circumstance, trees located on the northern
corner of the site previously identified to be removed for the refuse storage and turn around area
are now being retained as a result of the proposed changes. The final tree removal, retention and
replanting outcome will be detailed within a subsequent Operational Works application.’
The proposed changes to the list of approved plans is therefore supported, as detailed in the
recommendation. An additional condition is also included in the recommendation requiring the
pump house and water tanks to be of a muted environmental tone to sufficiently blend with the
surrounding vegetation and reduce visual impacts from Cooyar Street.
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Existing Condition 35
35. Roof runoff from any new buildings shall be directed to a rainwater storage system or
tank (minimum storage capacity equivalent to 20 litres/m2 of new roof area or greater)
that is plumbed to service the toilets in the new building and landscaping areas. The
design of the rainwater storage system shall be to the satisfaction of the Manager
Plumbing Services.
Applicant’s Request
The applicant requests the condition be updated to reflect current standards and most recent
documentation provided. The applicant has requested condition 35 be amended to read:
Stormwater runoff from the development must be connected to a lawful point of discharge
without causing scour or damage to the subject site or any adjoining properties. The works
must be undertaken in accordance with an Operational Works approval and be generally in
accordance with STP Consultants’ Stormwater Layout Plan (SKC01) dated 21 March 2023
and (SCK02) dated 20 March 2023.
Assessment of Request
Council’s Senior Development Engineer has reviewed the request and stated that the proposed
change to condition 35 is repeated as part of existing and proposed condition 58 (addressed
below). To avoid doubling up on conditions, engineering recommends that condition 35 is deleted.
This achieves the intent of the request and ensures that all stormwater runoff from the proposed
development is managed in accordance with the most current stormwater management plan.
Existing Condition 36
36. To ensure that polluted run-off does not enter Council’s stormwater drainage system
or nearby creeks, stormwater run-off from the carparking areas and the driveways shall
have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil
arrestor provided on site prior to being permitted to discharge from the site.
All other clean stormwater, such as roof water, can bypass the grease/oil arrestor.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
arrestors, which shall be submitted to the Council for approval prior to obtaining a
Development Permit for Operational Works.
The approved maintenance plan shall be incorporated in the Management Plan for the
development and a copy of this shall be provided for Council’s records prior to
commencement of the approved Use.
A Development Permit for Building Works shall not be granted until a Development
Permit for Operational Works has been issued in regard to the drainage scheme.
Applicant’s Request
Condition 36 ensures that pollutants do not exit the site via the stormwater network.
Assessment of Request
Council’s Senior Development Engineer has reviewed the request and stated that condition 36
refers to the treatment of stormwater captured within existing parts of the development that are not
‘included’ as part of this proposed development (i.e., carparking areas, driveways, etc.). The
applicant’s request to substitute condition 36 with condition 58 would result in the existing areas of
the development being ‘excluded’ from stormwater quality treatment. The applicant made it clear
that the only changes to stormwater management was to the area of the proposed development.
Therefore, to ensure the existing areas of the development are treated appropriately, it is
recommended that the request to amend condition 36 be refused and condition 36 remain as is.
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Existing Conditions 57 & 58
57. A minimum of 44 car parking spaces must be provided and marked on the site and
made available and accessible at all times while the use is open for business. The
works must be generally in accordance with Proposed Overall Ground Floor Plan
(PD_A_003.1 E) dated 23 March 2023.
58. Stormwater runoff from the development must be connected to a lawful point of
discharge without causing scour or damage to the subject site or any adjoining
properties. The works must be undertaken in accordance with an Operational Works
approval and be generally in accordance with STP Consultants’ Stormwater Layout
Plan (SKC01) dated 21 March 2023 and (SCK02) dated 20 March 2023. The works
must include, but not be limited to:
a. All Causeways (both temporary and permanent) must be constructed to comply
with all relevant sections of Queensland Urban Drainage Manual (QUDM);
b. All Causeways (both temporary and permanent) must be constructed to comply
with Section 10.3.5 of Sunshine Coast Council’s Open Space Landscape
Infrastructure Manual 2022 (Type 5 Fire Access Trail); and
c. Works must not adversely affect the existing water quality treatment capabilities
of the development as to result in pollutants exiting the site.
Applicant’s Request
The applicant has not requested to amend Conditions 57 & 58.
Assessment of Request
Council’s Senior Development Engineer has reviewed the application material and provided an
additional recommendation that conditions 57 and 58 are amended to the reflect that latest
development layout and stormwater treatment devices (i.e., the additional infiltration trench). The
amendments are considered necessary to ensure the development approval references the latest
approved and referenced documents.
Existing Conditions 65 & 69
65. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan for that specific
area and must include in particular:
a. the works shown on the approved Landscape Concept plans shown in the
Approved Plans
b. Vegetation clearing within the site is to be offset through the rehabilitation of the
area of vegetation adjacent to Cooyar Street. The area is to incorporate
revegetation works that offset all native vegetation removal that is proposed on
the site.
c. control of all weeds species listed in the following standards and legislation:
i. declared plants under the Land Protection (Biodiversity Act 2014 and sub-
ordinate Regulation 2016).
ii. Noosa Local Government Area Pest Management Plan 2015-2019.
69. The existing Allocasurina littoralis in the south-eastern portion of the subject site must
be retained, except where required to be removed to accommodate the approved
building, in accordance with the recommendations of an Arborist Report (or part
thereof) prepared by a qualified person* and endorsed through an Operational Works
approval.
*(Refer to Advisory Note)
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Applicant’s Request
The applicant has not requested to amend Conditions 65 & 69.
Assessment of Request
Council’s Senior Environment Officer has reviewed the application material and provided an
additional recommendation that conditions 65 and 69 are amended to the reflect the latest
development layout and changes to onsite landscaping. The amendments are considered
necessary to ensure the development approval accurately reflects changes to the sites
landscaping. The following commentary has been provided in this regard:
The application material includes the provision of upgraded fire fighting equipment within the
frontage of the site. This infrastructure includes water storage tanks for fire fighting purposes
and upgraded hydrant booster. A generator house is also proposed as part of this change
application. Minor vegetation clearing is required to accommodate this critical infrastructure.
Generally, this infrastructure would be located against the property boundary and the street
frontage, however the proposal has the advantage of this infrastructure being serviced from
within the site which will allow for some screening within the frontage setback.
All vegetation clearing works associated with the change application are occurring outside of
the biodiversity waterways and wetlands overlay.
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Figure 1 – Clearing - Approved Plan 132001.210127.03
Figure 2 - Clearing - Proposed Plan 132001.210127.04
Area in red below is identified on the plans as not being required to be cleared to facilitate
the location of the new infrastructure. This area will be required to be rehabilitated and
enhanced with additional vegetation.
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The recommendation includes a change to Conditions 65 and 69 to incorporate specific site
landscape outcomes that reflect the latest development, including vegetation removal and
structures within the front setback.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Environment Officer, Development Assessment
• Senior Development Engineer, Development Assessment
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 132001.210127.4, to make a minor change to an existing approval
for Residential Care Facility - 130 Beds situated at 100 Cooyar St Noosa Heads described as Lot
9 RP 225312, Council on 13 November 2024 decided to:
A. Approve the change in part.
B. Amend conditions 15, 46, 57, 58, 65 and 69 to read as follows:
15. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are numbered SK-06, 07 issue
B SK-8 & 9 Issue A dated 26/01/2000, SD1 (titled ‘Site Plan’), SD2, SD3, dated July
2005, SD4 dated May 2005, unless otherwise superseded by Condition 46 of this
approval.
46. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the table below and in conjunction with Condition 15
of this approval.
Plan No. Rev. Plan/Document Name Date
1907NOO_ R Site Plan prepared by Enrich Architecture 12/09/2024
DD_A_002.0
1907NOO_ D Ground Floor Plan prepared by Enrich 01/07/2024
DD_A_015 Architecture
1907NOO_ F Proposed First Floor Plan prepared by Enrich 19/06/2023
PD_A_012 Architecture
1907NOO_ A Proposed Acacia Wing Refurb. prepared by 19/06/2023
PD_A_014 Enrich Architecture
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1907NOO_ F Site Sections and Elevations prepared by 19/06/2023
PD_A_250 Enrich Architecture
1907NOO_ E Banksia Wing Elevations prepared by Enrich 19/06/2023
PD_A_310 Architecture
1907NOO_ G Banksia South Elevations prepared by Enrich 12/09/2024
DD_A_BS302 Architecture
1907NOO_ E Administration & Communal Area Elevations 19/06/2023
PD_A_311 prepared by Enrich Architecture
1907NOO_ G Tree Removal Plan prepared by Enrich 19/06/2023
PD_A_001.2 Architecture
1907NOO_ B External Works Plan Region 2 prepared by 01/07/2024
DD_A_EW203.2 Enrich Architecture
1907NOO_ B External Works Plan Region 6 prepared by 01/07/2024
DD_A_EW203.6 Enrich Architecture
01737 LC_01 B Landscape Site Plan prepared by View March 2023
Landscape Architecture
01737 LC_02 B Landscape Concept Plan prepared by View March 2023
Landscape Architecture
01737 LC_03 B Landscape Detailed Concept Plan prepared March 2023
by View Landscape Architecture
01737 LC_04 B Suggested Planting Character prepared by March 2023
View Landscape Architecture
57. A minimum of 44 car parking spaces must be provided and marked on the site and
made available and accessible at all times while the use is open for business. The
works must be generally in accordance with Enrich Architecture’s Site Plan
(DD_A_002.0, Rev. R) dated 12 September 2024 and must include in particular:
a. pedestrian routes in accordance with the conditions of this Decision Notice; and
b. dimensions, crossfalls and gradients in accordance with Australian Standard
AS2890: Parking Facilities.
58. Stormwater runoff from the development must be connected to a lawful point of
discharge without causing scour or damage to the subject site or any adjoining
properties. The works must be undertaken in accordance with an Operational Works
approval and be generally in accordance with STP Consultants’ Stormwater Layout
Plan (SKC01) dated 21 March 2023 and (SCK02) dated 20 March 2023. The works
must include, but not be limited to:
a. All Causeways (both temporary and permanent) must be constructed to comply
with all relevant sections of Queensland Urban Drainage Manual (QUDM);
b. All Causeways (both temporary and permanent) must be constructed to comply
with Section 10.3.5 of Sunshine Coast Council’s Open Space Landscape
Infrastructure Manual 2022 (Type 5 Fire Access Trail);
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c. Works must not adversely affect the existing water quality treatment capabilities
of the development as to result in pollutants exiting the site; and
d. The construction of a ~10m2 infiltration trench located generally between Swales
2 and 3 to achieve an overall total nitrogen reduction rate of no less than 45%
across the development.
65. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan for that specific
area and must include in particular:
a. the works shown on the approved Landscape Concept plans shown in the
Approved Plans
b. vegetation clearing within the site is to be offset through the rehabilitation of the
area of vegetation adjacent to Cooyar Street. The area is to incorporate
revegetation works that offset all native vegetation removal that is proposed on
the site.
c. control of all weeds species listed in the following standards and legislation:
i. declared plants under the Land Protection (Biodiversity Act 2014 and sub-
ordinate Regulation 2016).
ii. Noosa Local Government Area Pest Management Plan 2015-2019.
d. The area west of the new water tank and pump house on the norther side of the
entry driveway must be heavily revegetated with trees shrubs and ground covers
to sufficiently screen the infrastructure from Cooyar Street. Detailed landscape
plans must be submitted and approved as part of an Operational works.
69. The existing Allocasurina littoralis in the south-eastern portion of the subject site and
west of the new water tank and pump room must be retained, except where required
to be removed to accommodate the approved building, in accordance with the
recommendations of an Arborist Report (or part thereof) prepared by a qualified
person* and endorsed through an Operational Works approval.
*(Refer to Advisory Note)
C. Add additional Condition 78
Additional Condition – 14 November 2024 (132001.210127.4)
78. The New Pump House (Fire) and New Water Tank (Fire) located in the northern
western corner of the lot must be finished with muted/environmental tones that blend
with the surrounding vegetation and low-reflective roofing and cladding materials.
D. Delete Condition 35
E. Refuse to amend Condition 36
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