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Cover Letter_Precinct F_CDA_FINAL · 132005.1133.06

Attached to the e-mail Cover Letters, owners consent, Council form, Plans & Arborist Report - Change to DA - 132005.1133.06.

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SUNSHINE COAST

14 June 2017
Job Ref: M2652/F

Noosa Council
By Email:     [email protected]

Att: Patrick Murphy – Coordinator Planning
Re: Request for Permissible Change – Development Approval for Material Change of Use – 155 Multiple
Dwelling Units and Associated Facilities – Theatre, Restaurant, Shops & Function Rooms over land at Resort
Drive, Noosa Heads (Precinct F) and described as Lot 7 on SP178340 (formerly Lot 3 on SP221524) - Council Ref:
132005.1133.5

Dear Patrick,

On behalf of our client, Altum Constructions, we hereby request a Change to Development Approval (“permissible
change”) under section 369 of the Sustainable Planning Act 2009 (SPA) in relation to the above development
approval granted by Council on 1 November 2011 by Negotiated Decision Notice (ref: 132005.1133) and as
modified on 19 December 2016 (ref: 132005.1133.5).

The development approval encompasses Precinct F of the Noosa Springs Estate, comprising a site area of 4.26
hectares.

This correspondence provides details of the site and approval history, a description of the proposed changes to
the approved drawings and conditions, and an assessment of the proposed changes against the relevant
requirements of SPA, including a demonstration that the proposal 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 - 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 155 Dwelling Units and
Associated Facilities (Theatre, Restaurant, Multi-Function Room and Gym). This approval was recently extended
until 1 November 2017 (Ref: 132005.1133.3). A modification to this approval was granted by Council on 16
December 2016 (ref: 132005.1133.5).

A separate development application has been lodged over Precinct E2 for Multiple Dwelling (Type 4 Conventional
– 44 Dwelling Units) – Council ref: MCU15/0109. This application is now in the negotiated decision stage of IDAS.
It is intended to develop Precinct E2 and F in an integrated manner to allow for internal road and pathway
connections between the two sites.


                    BRISBANE                                            SUNSHINE COAST                                          CENTRAL QUEENSLAND
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Full text of the other 9 pages

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2.0       DESCRIPTION OF PROPOSED CHANGES

The proposed changes to the existing development approval are described in detail in the sections below (refer
enclosed architectural drawings).

2.1    Change to Description of Development

It is proposed to change the description of the development to reflect the proposed reduction in dwelling unit
numbers anticipated by this permissible change request. The new description of development will be as follows:-

Material Change of Use – 145 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-
Function Room and Gym

2.2    Changes to Approved Drawings

It is proposed to amend the approved drawings as follows:
       Reduce the overall number of dwelling units from 151 to 145
       Amend the overall number of persons from 404 to 426.5. This proposed density is generally consistent
         with the anticipated density under the Noosa Plan of 100 persons / hectare (i.e. 4.262ha x 100 = 426.2
         persons)
       Minor increase in overall gross floor area 18,610m2 to 19,531.5m2 (note: original approved GFA was
         21,950m2)
       Maintain a minimum of 261 carparks across the development as per existing condition 33 of the approval;
       Minor redesign of central communal facilities;
       Rationalisation of pedestrian networks across the development;
       Minor realignment of north south entry road to maximise the opportunities for the retention of an
         existing significant tree along the eastern boundary as part of the development. It is our client’s desire to
         retain the tree and considerable effort has been made towards achieving this outcome, including vacuum
         excavation for root inspections. However, our Arborist / Environmental specialist has assessed the tree
         characteristics and works required to protect it and notes that these may compromise the long term
         prospects of retention of this tree. A copy of the letter prepared by our arborist in response to Council’s
         OPW information request is attached for your information.
       Minor amendments to the design of pools and landscaped areas adjacent the central communal facilities
         and between blocks 15/16/17 and blocks 14/15;
       Minor amendments to the staging of the development, with staging now anticipated as comprising:-
             o Stage 1A – Blocks 15 and 16
             o Stage 1B – Block 17
             o Stage 2A – Blocks 7 to 9 (inclusive)
             o Stage 3A – Blocks 3 and 4
             o Stage 4A – Main Communal Facilities
             o Stages 5A & 5B – Blocks 5 & 6
             o Stage 6A – Block 22
             o Stage 7A – Block 2
             o Stage 8A – Blocks 13 and 14
             o Stage 9A – 9D (inclusive) – Blocks 18 - 21




JFP Ref: M2652/F                                                                                                 Page 2

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          The proposed staging is for identification purposes only. The order of construction of individual stages has
          not been confirmed. Our client requests flexibility in the approval conditions to allow stages to proceed
          individually, simultaneously or not in sequential order.

          The proposed new dwelling configuration for individual stages can be summarised as follows:-

   STAGE                   BUILDING                        DWELLING CONFIGURATION
                                                 1 bed              2 bed         3 bed(+)              Sub-Total (No.
                                                                                                         of Dwellings)
  1A               Block 15                         -                     -               11                  11
                   Block 16                         -                     -               11                  11
  1B               Block 17                         -                     -               11                  11
  2A               Block 7                          -                     2                2                   4
                   Block 8                          -                     2                2                   4
                   Block 9                          -                     2                2                   4
  3A               Block 3                          4                     2                7                  13
                   Block 4                          -                     6                6                  12
  4A               Main Communal Facilities         -                     -                -                   -
  5A               Block 5                          2                     6                6                  14
  5B               Block 6                          4                     2                7                  13
  6A               Block 22                         -                     -               11                  11
  7A               Block 2                          -                    10                4                  14
  8A               Block 13                         -                     4                2                   6
                   Block 14                         -                     4                4                   8
  9A               Block 18                         -                     -                2                   2
  9B               Block 19                         -                     -                2                   2
  9C               Block 20                         -                     -                3                   3
  9D               Block 21                         -                     -                2                   2
  TOTAL                                            10                    40               95                 145

A comparison of the proposed amendment against both the original approval and the most recently modified
approval is provided in the table below:-

 Criteria                   Original Approval            Approved Modified Approval     Proposal
                            (August 2007)                (Dec 2016)                     (June 2017)
 Population Density         356.4 persons                404 persons                    426.5 persons

                            (48 x 1 bed units,           (10 x 1 bed units,             (10 x 1 bed units,
                            87 x 2 bed units,            87 x 2 bed units,              40 x 2 bed units,
                            20 x 3 bed units             54 x 3(+) bed units,           95 x 3(+) bed units

                            Total: 155 units)            Total: 151 units)              Total: 145 units)
                                     2                            2                                 2
 Gross Floor Area           21, 950m max                 18, 610m                       19, 531.5m
 Building Height
 • Storeys                  3 storeys max                3 storeys max                  3 storeys max
 • Metres                   12 metres                    12 metres                      12 metres
 Car parking                309 spaces                   337 spaces                     337 spaces
                                                         (94 uncovered & 243 covered)   (94 uncovered & 243 covered)




JFP Ref: M2652/F                                                                                                  Page 3

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The amended list of approved drawings is detailed in the table below:

              DRAWING NO.    ISSUE                         DRAWING NAME      DATE
            7038-DA01        10      Project Summary                       06-06-17
            7038-DA03        09      Car parking / Basement                06-06-17
            7038-DA04        10      Ground Floor                          06-06-17
            7038-DA05        09      First Floor                           06-06-17
            7038-DA06        08      Second Floor                          06-06-17
            7038-DA07        07      Site Section                          06-06-17
            7038-DA08        08      Site Section                          06-06-17
            7038-DA09        13      Indicative Apartment Layouts          06-06-17
            7038-DA10        11      Indicative Apartment Layouts          06-06-17
            7038-DA11        07      Perspective Sketches                  06-06-17
            7038-DA12        07      Perspective Sketches                  06-06-17
            7038-DA13        07      Overall Staging Plan                  14-06-17
            7038-DA14        05      Finishes Palette                      06-06-17
            7038-DA15        05      Resort Facilities Floor Plan          06-06-17
            7038-DA16        04      Facilities Elevations                 06-06-17
            7038-DA17        02      Indicative Apartment Layouts          06-06-17
            7038-DA19        05      Building 15 Elevations                06-06-17
            7038-DA20        05      Block 18 Elevations                   06-06-17
            7038-DA21        05      Building 3 Elevations                 06-06-17
            7038-DA23        05      Block 2 Elevations                    06-06-17
            7038-DA24        02      Block 15 Sections                     06-06-17
            7038-DA25        02      Block 18 Sections                     06-06-17
            DD1.1            F       Location Plan                        08.06.2017
            DD1.2            F       Site Plan                            08.06.2017
            DD1.3            H       Unit Type 1                          08.06.2017
            DD1.4            H       Unit Type 2                          08.06.2017
            DD1.5            E       Ground Floor Plan Block 7            08.06.2017
            DD1.6            E       First Floor Plan Block 7             08.06.2017
            DD1.7            D       Roof Plan Block 7                    08.06.2017
            DD1.8            E       Ground Floor Plan Block 8            08.06.2017
            DD1.9            E       First Floor Plan Block 8             08.06.2017
            DD1.10           D       Roof Plan Block 8                    08.06.2017
            DD1.11           E       Ground Floor Plan Block 9            08.06.2017
            DD1.12           E       First Floor Plan Block 9             08.06.2017
            DD1.13           D       Roof Plan Block 9                    08.06.2017
            DD2.1            E       Elevations                           08.06.2017
            DD2.2            D       Elevations Block 7                   08.06.2017
            DD3.1            D       Sections Block 7                     08.06.2017
            DD3.2            B       Section Block 7                      08.06.2017
            DD3.3            D       Sections Block 8                     08.06.2017
            DD3.4            D       Sections Block 9                     08.06.2017
            DD4.1            G       3D                                   08.06.2017
            DD4.2            G       3D                                   08.06.2017
            DD4.3            G       3D                                   08.06.2017
            DD4.4            G       3D                                   08.06.2017
            DD4.5            G       3D                                   08.06.2017
            DD4.6            G       3D                                   08.06.2017
            DD4.7            G       3D                                   08.06.2017
            7088_A01-10_03   03      CTS 4 Site Plan – Level 1             06-06-17
            7088_A01-21_05   05      CTS 1 Site Plan – Level 1             06-06-17
            7088_A01-31_05   05      CTS 3 Site Plan – Level 1             06-06-17




JFP Ref: M2652/F                                                                       Page 4

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              DRAWING NO.     ISSUE                          DRAWING NAME                       DATE
            7088_02-01_06     06      Facilities Building Level 1 – Floor Plan                 06-06-17
            7088_02-02_06     06      Facilities Building – Roof Plan                          06-06-17
            7088_A02-30_05    05      Block 15 Basement Level – Floor Plan                     06-06-17
            7088_A02-31_06    06      Block 15 Level 1 – Floor Plan                            06-06-17
            7088_A02-32_05    05      Block 15 Level 2 – Floor Plan                            06-06-17
            7088_A02-33_05    05      Block 15 Level 3 – Floor Plan                            06-06-17
            7088_A02-34_04    04      Block 15 – Roof Plan                                     06-06-17
            7088_A02-60_06    06      Block 3 Basement Level – Floor Plan                      06-06-17
            7088_A02-61_06    06      Block 3 Level 1 – Floor Plan                             06-06-17
            7088_A02-62_06    06      Block 3 Level 2 – Floor Plan                             06-06-17
            7088_A02-63_06    06      Block 3 Level 3 – Floor Plan                             06-06-17
            7088_A02-64_06    06      Block 3 – Roof Plan                                      06-06-17
            7088_A02-90_02    02      Block 16 Basement Level – Floor Plan                     06-06-17
            7088_A02-91_02    02      Block 16 Level 1 – Floor Plan                            06-06-17
            7088_A02-92_02    02      Block 16 Level 2 – Floor Plan                            06-06-17
            7088_A02-93_02    02      Block 16 Level 3 – Floor Plan                            06-06-17
            7088_A02-94_02    02      Block 16 – Roof Plan                                     06-06-17
            7088_A04-01_04    04      Elevations                                               06-06-17
            7088_A04-10_03    03      Block 15 - Elevations                                    06-06-17
            7088_A04-11_03    03      Block 15 - Elevations                                    06-06-17
            7088_A04-20_04    04      Block 3 - Elevations                                     06-06-17
            7088_A04-21_04    04      Block 3 - Elevations                                     06-06-17
            7088_A04-30_02    02      Block 16 - Elevations                                    06-06-17
            7088_A04-31_02    02      Block 16 - Elevations                                    06-06-17
            7088_A05-01_04    04      Sections                                                 06-06-17
            7088_A05-10_03    03      Block 15 - Sections                                      06-06-17
            7088_A05-15_01    01      Block 16 - Elevations                                    06-06-17
            7088_AA05-20_03   03      Sections                                                 29-05-17
            7088_A017_01_01   01      Facilities Buildings Perspectives                        19-05-17
            7088_A017_03_01   01      Quarry Café Views                                        19-05-17
            7088_A017_03_02   02      Parkside Residences                                      06-06-17
            7088_A017_04_01   01      Parkridge Terrace 15                                     19-05-17
            7088_A017_05_01   01      Parkridge Terrace 15                                     19-05-17
            7088_A017_06_02   02      Parkside Residences 3                                    06-06-17



2.3    Changes to Conditions

The proposed changes will require consequential changes to conditions to reflect the amended site layout,
proposed staging amendments and updated building number references. The following conditions will require
updating/amending:

Condition 1

We request that this condition be amended to allow for full building elevations, including detailed roof plans and
ground level contours to be provided prior to civil operational works on a staged basis. Whilst our client is
intending to obtain upfront operational works approvals for vegetation clearing and bulk earthworks (nb.
OPW17/0123 lodged on 05/04/2017), detailed architectural drawings are anticipated as being generally
completed on a staged basis with civil works design.




JFP Ref: M2652/F                                                                                              Page 5

Page 6

It is noted that detailed architectural drawings are provided for the following buildings as reflected in section 2.2
above:-

•    Building 15 and 16 in relation to Stage 1A;
•    Building 7, 8 and 9 in relation to Stage 2A;
•    Building 3 in relation to Stage 3A; and
•    Resort Facilities Building in relation to Stage 4A.

Therefore, we request that this condition only require the further submission of architectural drawings of the
remaining stages prior to relevant staged civil operational works applications.

Condition 2

Update table with amended architectural drawings as detailed under s2.2 above.

Condition 8

An updated colours and finishes palette has been submitted as part of this change request (refer dwg no. 7038-
DA14 dated 06-06-17). We therefore request this condition be amended to reflect the amended plan.

Condition 12

A minor redesign of the development along the eastern boundary is intended in relation to the driveway
alignment to maximise opportunities for the retention of a significant tree on this boundary. It is acknowledged
that retention of the tree will result in a reduced building setback to a potential bushfire hazard, and the existing
Bushfire Management Plan will need to be updated to confirm this is achievable from a bushfire management
perspective.

As noted previously, despite significant effort being made, it is not certain that the tree can be retained in the
longer term. As a result, we request that the approval condition provides flexibility to allow for an updated
Bushfire report to be provided at the appropriate time, if the retention of the tree proves successful.

In this regard, we suggest the following condition:

Prior to the lodgement of an OPW application for Stage 1C, submit a revised Bushfire Management Plan to
confirm that bushfire management measures are satisfactory.

Condition 19

Given the proposed staged nature of the development, it is requested that this condition be amended such that
staging is appropriately reflected. This condition currently requires that all conditions be fulfilled prior to the use
of the premises. It is understood that the intent of the approval is to facilitate staged development. As such, it is
requested that the condition be revised such that only those conditions that relate to a particular stage are to be
fulfilled prior to the use commencing within the relevant stage.

Condition 21

Not dissimilar to the request above in relation to Condition 19, it is requested that this condition be amended
such that staging is appropriately reflected. This condition currently requires that all other Development Permits
are to be obtained prior to obtaining a Development Permit for Building Works. It is requested that the condition



JFP Ref: M2652/F                                                                                                  Page 6

Page 7

be revised such that only those approvals that relate to a particular stage are to be obtained prior to obtaining a
Development Permit for Building Works for the relevant stage.

Condition 22

The subject land has now been excised from the parent lot 3 on SP137433 and as such, it is requested that this
condition be deleted.




3.0       ASSESSMENT AGAINST SECTION 367 OF THE SUSTAINABLE PLANNING ACT 2009

The proposed changes have been assessed against the requirements of s367 of SPA with respect to the definition
of “permissible 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 require referral to additional concurrence agencies;
               o result in a change to the level of assessment from code to impact (under the approved Master
                   Plan);
               o in our opinion, be likely to cause a person to make a submission objecting to the proposed
                   change; and
               o cause any development to which the approval relates to include any prohibited development.

We therefore contend that this application meets the definition of permissible change and does not require a
new application to be lodged.


3.1 Assessment of Substantially Different Development

Statutory Guideline 06/09: Substantially different development when changing applications and approvals (as
published by the Department of Local Government and Planning, 2009) 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 Guideline provides a list of what
changes 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 with different or additional impacts.

          Comment: The overall development is retained as an integrated multiple dwelling development, now
          comprising 145 dwelling units together with minor ancillary activities including a shop, café/restaurant
          and communal recreation facilitates. There are no new uses proposed that would create different or
          additional impacts.




JFP Ref: M2652/F                                                                                                Page 7

Page 8

          The total number of dwellings intended by the development has reduced from the current approval of
          151 units and the original approval of 155 units. It is acknowledged that the population density is
          anticipated as increasing to 426.5 persons (up from 404 persons under the existing approval), however,
          we note that this density is anticipated by current planning policy. Specifically, the current Planning
          Scheme envisages that development of land included within the Semi-Attached Zone (as is the subject
          land) is developed at a density in the order of 100 persons per hectare. With a land area of 4.262
          hectares, this equates to a population density equivalent to that which is proposed.

          The only potential impacts that may be generated in this respect relate to traffic and servicing.

          Assessment of traffic generation and distribution is typically undertaken on a per unit / dwelling basis.
          With an overall reduction in the total number of dwellings it is reasonably assumed that the surrounding
          network is able to adequately accommodate the proposed amended development. In relation to
          essential urban infrastructure such as water and sewer, it is also understood that such assessment is
          typically undertaken on a per unit / dwelling basis. Likewise, with an overall reduction in the total
          number of dwellings it is reasonably assumed that there is sufficient capacity in the network to
          accommodate the proposed amended development.

          The proposed amended development is therefore not anticipated as having different or additional
          impacts to that which has previously assessed and determined as appropriate.

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

          Comment: The permissible change request applies to the same parcel of land as the current development
          approval, albeit the legal description of the property has changed from Lot 3 on SP178323 to Lot 7 on
          SP178340.

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

          Comment: The proposed changes seek to retain the general building layout, with some minor redesign
          and re-siting of buildings to ensure efficiency and viability of construction. The overall built form and
          scale will remain the same i.e. a mix of 2-3 storey buildings with basement carparking, designed to step
          down the slope so as to respect the site’s topography and minimise visual impacts.

     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.

     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 from the previous permissible
          change approval. Instead, the changes seek to reduce the overall number of units (albeit that there is an



JFP Ref: M2652/F                                                                                                 Page 8

Page 9

          overall increase in population density), whilst resulting in a minor increase in overall gross floor area from
          the previous permissible change approval. However, the proposed GFA increase in GFA to 19, 531m2
          remains less than the original approved GFA of 21,950m2.

      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 significant 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. A revised Bushfire
          Management Plan will be submitted prior to OPW approval for Stage 1C to demonstrate the retention of
          a significant tree in Stage 1C will not result in adverse bushfire management outcomes.

      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 to the existing approval.



4.0       CONCLUSION

The proposed changes to Precinct F, Noosa Springs are considered to meet the test of “permissible change” under
SPA and will not result in substantially different development to the existing approval. The changes are limited in
scope to minor redesign of buildings, reduction in overall dwelling units, and minor increase in gross floor area
and car parking. The proposal will continue to function as an integrated residential facility.




JFP Ref: M2652/F                                                                                                   Page 9

Page 10

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.

Yours faithfully,




GRAEME BEWS
Associate Director – Planning and Urban Design
JFP URBAN CONSULTANTS PTY LTD

ENCL:     Architectural Drawings prepared by Blackburne Jackson Design
          Architectural Drawings prepared by Sparks Architects
          Arborist Response Prepared by JF&P

CC:       Altum Constructions




JFP Ref: M2652/F                                                                                           Page 10

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