Minor Change Report 51989.338.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Nick Cooper/Patrick Murphy
Development Assessment

APPLICATION DETAILS
Application No.	51989.338.01 (TPC 2262) 51995.1473.01 (TPC 2811 and 00887)
Development Approval	TPC 2262 – Golf course, golf shop, restaurant/café, manager’s residence, and machinery shed TPC 2811 and TPC 00887: Sport and Recreation (Par 3 Golf Course Extension)
Applicant	Nonad Financial Services P/L TE
Request Received On	30 May 2022
Report Reviewed By	Kerri Coyle
Decision Due Date	2 September 2022

PROPERTY DETAILS
Property Address	16, 25 & 36 Goldburg Ct Noosaville Qld
RP Description	Lot 3, 4 & 5 RP 223289
Land Area	Lot 3- 57,046m2 Lot 4- 91,413m2 Lot 5- 87,586m2
Existing Use of Land	Golf Course

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural Residential
Precinct	Not applicable
Local Area Plan	Not applicable
Overlays	Acid Sulfate Soils Biodiversity Overlay – Riparian Buffer and Areas of Biodiveristy Significance Bushfire Hazard Overlay Flood Hazard Overlay
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change two existing development approvals TPC’s 2262, 2811 & TPC 00887.  This change application proposes to relocate the approved “put put crazy putting surface” approved as part of TPC2262 on lot 4 to the northern boundary of lot 3 (which formed part of TPC’s 2811 and 00887) The proposed mini golf area will include the following:
18 mini golf greens and an associated warm-up green
ancillary kiosk/mini golf administration
three (3) ancillary seating areas for players of the proposed mini golf
25 additional parking spaces
alterations to the existing 1st , 9th and 10th holes of the Par 3 course
an additional walkway servicing the 1st , 9th and 10th holes
associated buffer and amenity landscaping for the proposed min golf area, the 9th hole, and additional parking spaces
that area in which the putt putt golf was approved in TPC2262 will remain in its current condition (ie currently part of a golfing green – not a putt putt area).

It is proposed that the mini golf area will involve the following operations:
The mini golf area will be administered and supervised from a proposed ancillary kiosk that will also offer light food/refreshments. The kiosk will only offer light food/refreshments on weekends, public holidays and potentially school holidays. Outside of this time the administration of the min golf and other purchases will be made in the existing clubhouse.
The kiosk will not be open to the general public.
Mini golf activities will be limited to the proposed mini golf area and will not extend onto the greens in the Par 3 golf course.
Hours of operation of the proposed mini golf will be as follows (in addition to ongoing maintenance):

Sunday, Monday, Tuesday, Wednesday: 9:00am to 6:00pm
Thursday to Saturday & Public Holidays & School Holidays: 9:00am to 9:00pm

There will be additional night lighting over the proposed mini golf area to allow mini golf to be played until 9pm.
There will be subtle background (only) music on the mini golf course however no announcements will be made across any public address system as is common in golf courses for obvious reasons.
Alterations to the 1st, 9th and 10th holes in the existing Par 3 golf course comprise mainly minor tee flattening which will be undertaken by the green keeping staff currently on site and not involve bringing any external fill or disposal of fill within the site.
The applicant does not propose any additional fencing.

The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Kiosk Plan

background
Council approved the original 18 hole golf course in November 1989 (TPC 2262).

Figure 3 – Approved Plan TPC 2262
Council approved a 9-hole extension to the course over Lot 3 on RP223289 in March 1995 (TPC 2811).

Figure 4 – Approved Plan TPC2811

Council approved an extension and amendment of the Par 3 golf course fairways within Lots 2 and 3 RP 223289 issued in 2014 approved (MCU14/0068)

Figure 5 – Approved Plan MCU14/0068

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; and
The Noosa Plan 2020.
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 development is a relocation of the area approved as “put put crazy putting surface” within TPC2262 in 1989 and the expansion of the area to include 18 mini golf holes, ancillary kiosk, seating and 25 additional car parks.
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
The following codes from the Noosa Plan 2020 are applicable to this development:
Rural Residential Zone Code;
Recreation Activities Code;
Works Codes;
Biodiversity Overlay Code.
Zone Provisions
The Rural Residential Zone Code seeks to ensure that new uses are appropriately sited and maintain the amenity of existing residents.  The existing golf course is within proximity to existing rural residential properties to the north/east.  A dwelling is within proximity  of the eastern extent of the proposed mini golf greens.  In response to concerns raised by Council the applicant has provided the following:
A setback of 15m from the existing road has been established
A row of screening and hedging plants will be planted in this setback and any lighting will not be in the direction of 15 Hollett Road
The proposed trading hours will be 9am to 7pm Sunday to Wednesday and 9am to 8pm Thursday to Saturday with the last game being sold at 7pm
The application was referred to Council Environmental Health Officer and conditions in relation to noise and lightning mitigation have been recommended to minimise any potential impacts on residential amenity.
Overall, as the golf course remains a green space imbedded within the rural setting, it is considered to comply with the overall outcomes and purpose of the Rural Residential Code.
Recreation Activities Code
The recreation activities code seeks to ensure that activities are consistent with the intent and character of the zone and local area in which they are located; contribute to the recreation needs of the Noosa Shire community; and mitigates and manage a potential adverse impacts associated with recreation activities on nearby sensitive land uses.    The proposed minor change is considered to comply with the purpose of the recreation activities code as it is consistent with the existing character.  The mini golf area complies with the setbacks and operating hours prescribed in AO12 and conditions are recommended in regard to lighting and noise mitigation. The design and scale of the kiosk is small scale and compatible with the existing character of the area. The landscaping details and the amount of earthworks required to construct the putting greens and alterations to the existing course will be required to be submitted to Council for as part of operational works applications.

Riparian Area
Riparian buffers and environmental enhancement/protection vegetation areas are mapped along the existing creekline running through the site.  The approved location for the “putt putt surface” was within a mapped riparian buffer area as demonstrated in figure 6 below, hence the applicant has chosen to relocate the “putt putt” to the east of the existing car park where it is not mapped within the Biodiversity Overlay mapping.

Figure 6 – approved Putt Putt area shown within the Riparian Buffer area.,
Carparking
An additional 25 car parking spaces are proposed to service the mini golf on the site, given there are 82 existing car parks and sufficient areas for informal overflow it is considered sufficient to cater for the proposed change.
In order to facilitate the requested change the following conditions of approval were requested to be re-considered by the applicant.
Condition 11 TPC 2262
11.   All lots that form part of this application are to be amalgamated in title, prior to the issue of Building approval
Applicant’s Request
The applicant requests the deletion of existing condition 11. The applicant states:
“If considered necessary by Council, an additional condition could be added requiring all existing lots to be used as part of the approved use and as provided by in the remaining conditions of approval. It is relevant in this regard that there are no buildings approved over or near existing cadastral boundaries. The condition was particularly common at the time that TPC2262 was issued due to complications associated with then State planning legislation, planning scheme and their respective by-laws binding successors in title with development approvals”.
Assessment of Request
Whilst the condition has not been complied with (nor enforced by Council) it would not be appropriate for it to be deleted on the basis individual lots could be sold with insufficient car parking and facilities being provided on the remaining lot.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Coordinator Development Engineering
Environmental Health Officer
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 Applications 51989.338.01 (TPC 2262) and 51995.1473.01 (TPC 2811 and 00887), to make a minor change to existing approvals for Golf course, golf shop, restaurant/café, manager’s residence, and machinery shed and Sport and Recreation (Par 3 Golf Course Extension) situated at 16, 26 and 36 Goldburg Court Noosaville Qld described as Lot 3, 4 & 5 RP 223289, Council on 6 September 2022 decided to:
A.	Approve the change.
B.	Include the following additional conditions:
Conditions 19 to 28 of 51995.1473.01 (TPC 2811 and 00887) & Conditions 24 to 39 of 51989.338.01 (TPC 2262)
Additional Conditions Minor Change 6 September 2022
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 and may be amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
-	-	Noosa Hills Proposed 18 Hole Miniature Golf Course, Prepared by RCDG	26/07/22
-	-	Kiosk Floor Plan, prepared by the applicant	-
Nature and Extent of Use
The approved hours of operation of the mini golf facility are:
Sunday, Monday, Tuesday, Wednesday: 9:00am to 6:00pm
Thursday to Saturday & Public Holidays & School Holidays: 9:00am to 9:00pm
The kiosk must not be open to the general public.
Car Parking
A minimum of 25 additional 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 undertaken in accordance with an Operational Works approval and must include in particular:
disabled parking space/s within the total
dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004 Parking Facilities
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct customers to the car parking spaces provided on site.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Earthworks
All earthworks must be undertaken in accordance with an Operational Works approval and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Landscaping
Landscaping and rehabilitation works must be undertaken in accordance with an Operational Works approval and Planning Scheme Policy - PSP 3 Landscaping Plants and Guidelines and must include a landscaping plan, prepared by a suitably qualified person* and must include in particular:
Screening vegetation to adjacent residences to the east to provide privacy and protection from line-of-play.
details of treatments to batters, armoury, plantings, weed treatment, and rehabilitation.
a minimum maintenance period of 3 years.
a species palette and densities table incorporating the species selection of only native indigenous species.
f.	control of all weeds species listed in the following standards and legislation:
declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003
Council Listed Environmental Weeds, Exotic Grasses and other plants identified in writing by Council (*refer to Advisory Note).
Lighting Devices
Lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of AS 4282 - Control of the obtrusive effects of outdoor lighting” using a control level of 1.
Certification must be submitted to Council from a qualified person that all lighting devices comply with the requirements of this development approval, with the certificate submitted to Council prior to commencement of the of the mini golf area.
Acoustic Amenity
The mini golf and facility (including any liquor licensed premise, club house, kiosk) and events must not involve live and/or amplified entertainment at any time, unless Council has issued an approval for the operation of a temporary entertainment event.
Background pre-recorded music (e.g. music played through a domestic stereo) that does not emit audible noise beyond the boundary of the premises at any time is permitted.
Where complaints (other than frivolous or vexatious complaints) are made to Council about noise from the approved use, Council may require the site management entity to:
Submit a Noise Impact Assessment prepared by a qualified person and/or

Undertake further noise amelioration measures or operations, install volume limiting devices or barriers and/or shield or relocate such amenities that are associated with the noised source including any mechanical plant and equipment and have such measures certified by a qualified person.
Given the close proximity to the residential dwelling any fixed plant and equipment that causes noise (e.g. air conditioning units, refrigeration units, pumps and generators, kitchen exhaust units), must be enclosed, shielded and/or positioned to ensure that the following sound pressure levels for a noise sensitive land use is achieved:
Location where criteria applies at a noise sensitive land use	Adjusted equivalent continuous sound pressure level (LAeq,adj,T) to be achieved during the day, evening and night time periods	Maximum sound pressure level (LAmax) to be achieved during the night time period
	Day 7am-6pm LAeq,adj,11hr	Evening 6pm-10pm LAeq,adj,4hr	Night 10pm-7am LAeq,adj,9hr	Night 10pm-7am
@3m from noise source	50 dB(A)	50 dB(A)	N/A	N/A

Note: Measurements must be in accordance with AS 1055.1 - Acoustics - Description and measurement of environmental noise - General procedures. Measurements must be adjusted for tonality and impulsiveness where required, where attenuation is applied for inside to outside calculations, a maximum of 5 dB(A) only is to be applied (i.e. assumed windows fully open or open plan kiosk ) .

C.	Include the following additional advisory notes to 51989.338.01 (TPC 2262) and 51995.1473.01 (TPC 2811 and 00887):
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
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 vehicle and 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
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any impacts on State controlled roads
provision for worker car parking
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.
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.

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