Minor Change Council Report MCU18 0009.04

MCU18/0009.04 - minor CHANGE TO DEVELOPMENT APPROVAL FOR Material Change of Use - Multiple Housing –Type 3 Retirement & Special Needs AT 186 COOROY-NOOSA ROAD & 4 Carramar St, TEWANTIN

Document information

Author	Development Planner, Lisa Pienaar (drafted by Consultant Planner)
Environment and Sustainable Development

Index	ECM/ Application/ MCU18/0009.04

Attachments	1: Proposal Plans

APPLICATION DETAILS
Application No.	MCU18/0009.04
Development Approval	Material Change of Use - Residential care facility
Applicant	Noosacare Inc
Request Received On	27 August 2021

PROPERTY DETAILS
Property Address	186 Cooroy Noosa Road, Tewantin 4 Carramar Street, Tewantin
RP Description	Lot 2 SP 177554 Lot 19 RP 162486
Land Area	40,470m² 1,370 m²
Existing Use of Land	Residential aged care facility Vacant land

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Tewantin
Zone	Community Facilities Zone Environmental Management and Conservation Zone
Overlays	Land Subject to Acid Sulfate Soils Overlay Biodiversity, Waterways and Wetlands Overlay Bushfire Hazard Overlay Flood Hazard Overlay
Assessment Type	Minor Change to Development Approval
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 October 2021 regarding Application No. MCU18/0009.04 for a Minor Change to a Development Permit for Material Change of Use - Residential Care Facility situated at 186 Cooroy Noosa Rd, Tewantin & 4 Carramar St, Tewantin and:
A.	Approve the change.
B.	Amend condition 1 to read as follows:
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
A101A		Existing Part Site Plan by Middap Architecture	Feb 2019
A102A		Proposed Site Works Plan by Middap Architecture	Feb 2019
A103B	B	Proposed Building Plan by Middap Architecture	Feb 2019
A104B	B	Site Plan with Section and Elevation References by Middap Architecture	18.03.2019
A105B	B	Site Elevations by Middap Architecture	18.03.2019
A106B	B	Typical Villa Sections by Middap Architecture	18.03.2019
A201B	B	Villas and Service Core Floor and Roof Plan by Middap Architecture	18.03.2019
A202B	B	Proposed Villas and Service Core 3D Views by Middap Architecture	18.03.2019
A203A		Proposed Entry Building Floor and Roof Plan by Middap Architecture	18.03.2019
A204A		Proposed Entry Building Elevations and 3D Views by Middap Architecture	18.03.2019
A205B	B	Proposed Villa 1 and 2 Floor and Roof Plan by Middap Architecture	18.03.2019
A206B	B	Proposed Villa 1 and 2 Elevation and 3D Views by Middap Architecture	18.03.2019
A207A		Proposed Villa 3 and 4 Floor and Roof Plan by Middap Architecture	18.03.2019
A208A		Proposed Villa 3 and 4 Elevation and 3D Views by Middap Architecture	18.03.2019
1		PART SITE PLAN	Received by Council on 03.04.2020
2		BOUNDARY ELEVATION	Received by Council on 03.04.2020
1714-20	I	Design Features Plan 1 of 7 by Callaghan & Toth Civil, Environmental & Hydraulic Engineers	November 2020
1714-27	I	Design Setout Plan 1 of 6 by Callaghan & Toth Civil, Environmental & Hydraulic Engineers	November  2020
16519-C101	D	Proposed Permanent and Event Day Parking prepared by TOD Engineers & Project Managers as amended in red by Council	08.09.20
CD01 P4		Site Plan, prepared by Middap Architecture	March 2019
CD 02 - P4		Floor Plan, prepared by Middap Architecture	July 2021
C.	Include additional Conditions 55, 56 and 57 to read as follows:
Sunset period for temporary staff accommodation.
This development approval for 2 temporary accommodation units lapses on 21 October 2026, unless an application to extend the approval is approved by Council.
The 2 temporary accommodation units must be for the primary use of staff of the residential care facility.
The 2 temporary staff accommodation units must be connected to the approved stormwater water management system on site. An updated stormwater management plan incorporating the units must be submitted to Council prior to the issue of a Building approval.
D.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks to change the existing development approval to include 2 temporary 27m²       1 bedroom staff accommodation units located within Lot 19 of the Carramar development. The applicant has indicated temporary is a period of 5 years.
The units are proposed to the west of the carparking area approved as part of the previous ‘Other’ change approval. The units are single storey with a building height of approximately 4m above the natural ground level, setback 6m from the Cooroy Noosa Road boundary and 6.4m from the rear or side boundary. Figure 1 provides an aerial location and Figure 2 shows the existing approved car park, and a more detailed location of the proposal.

Figure 1 – Aerial with the location of the temporary accommodation indicated in green.

Figure 2 – Locational maps and elevation

background
The site was originally gifted from Noosa Shire Council to Noosa Care Incorporated in 1975 for the purposes of providing aged care.
Carramar Noosa Homes is currently located on the site. The complex has been operating over a number of years with several extensions progressively being added to the facility. The development at the time consisted of 142 residential rooms containing one bed, including a special care dementia building containing 32 rooms, and ancillary features including a community centre, staff building and administration building.
A Preliminary Approval for a Material Change of Use Multiple Housing Type 3 Retirement and Special Needs (MCU18/0009) was issued 21 August 2018. The original application sought a Development Permit for an additional 48 beds in 6 accommodation villas. The Preliminary Approval was issued due to the identification of development constraints related to the habitat of the threatened Swamp Crayfish, flooding, wetland vegetation and car parking.
The applicant suspended the appeal period on 31 August 2018 and made representations on 2 October 2018. The representations sought a Negotiated Decision Notice to change the decision type from a Preliminary Approval to a Development Permit for a Material Change of Use and amend condition 1. The representations were approved on 15 November 2018 with an amended layout providing for an additional 32 beds in 4 accommodation villas, resulting in a total of 174 beds in 10 accommodation villas.
A minor change application (MCU18/0009.01) was submitted on 10 April 2019 which amended the layout of the development. The single storey accommodation villas at the front of the site were deleted and the built form to the rear of the site was amended from single storey to double storey with all 32 beds being contained within the buildings to the rear of the site being a total of 174 beds in 9 accommodation villas. This application was approved by Council on 18 July 2019.
A further minor change (MCU18/009.02) application was submitted on 10 March 2020 seeking approval to amend the approved plans to include fire-fighting pumps adjacent to the front boundary of the site. The application was approved under delegation on 29 April 2020.
An Other change (MCU18/0009.03) for a revised parking layout was approved on 18 February 2021. This included a new (additional) lot and for this reason could not be accepted as a minor change under the Planning Act 2016.
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:
Tewantin Local Plan Code
Community Facilities Zone Code
Special Residential 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 temporary staff accommodation is a residential use and considered ancillary to the approved use and the additional built form is small in scale and bulk;
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 mattes 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
Locality Provisions
The subject site is located in the Tewantin Local Plan Area and is zoned Community Facilities. The proposed staff accommodation is considered ancillary to the residential care use onsite and a consistent use in the zone.
The proposal has been assessed against the Tewantin Local Plan Area Code and is generally consistent with the purpose of the code. In particular Overall Outcome 7.2.3.2(2)(t) seeks to ensure that land provides for the efficient and timely delivery of community services. Given current difficulties in finding accommodation in the Noosa housing market, the proposal provides temporary staff accommodation which helps to retain employees and deliver an essential community service.
No detriment to the visual amenity of the streetscape and gateway into Tewantin will result from the proposal.
Community Facilities Zone Code
The Community Facilities Zone Code specifically identifies Carramar as a site to continue the delivery of residential care facilities. The proposal is providing much needed accommodation for employees in the current housing market circumstances.
While the proposal slightly increases site cover by 54m², the total site coverage is well within the maximum of 50% for land in this zone. Key setback and built form parameters are compliant with the provisions of the code utilising fibre cement sheet and custom orb metal sheeting for the external finishes and window hoods.
Special Residential Code
The proposed change is consistent with the use code.  The proposal does not intensify the approved use and assists with accommodation for employees of the facility. The temporary accommodation helps offset the impacts of the current housing situation to retain employees and therefore deliver the service.
Given the proposal is for a residential use and is associated with the residential care facility, no adverse amenity impacts are likely from the accommodation.
Carparking
The applicant is not proposing any additional carparking onsite and no existing car spaces are impacted upon. The accommodation is for staff who would already be parking onsite.

Stormwater quality
The application has provided a RPEQ certification stating that the proposed additional units can be treated by the existing stormwater quality treatment system with a 5,000 litre rainwater harvesting tank proposed to assist in managing stormwater.
conclusion & reasons for decision
The proposal for a minor change to the existing approval for 2 x 27m² temporary staff accommodation units is considered ancillary to the existing residential care facility on site. The proposed dwelling units will provide much needed temporary accommodation for staff to help NoosaCare retain employees in a difficult time in Noosa’s housing market. The proposed built form sits within the residential setting with carparking, while stormwater can be treated within the existing onsite system. There are no concerns with the proposal and the application is therefore recommended to be approved subject to additional conditions.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service		Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 OCTOBER 2021

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